Rancho Mirage City Council
September 3, 2026

Mayor Mallotto
Mayor Pro Tem O'Keefe
Council Member Downs
Council Member Fromberg Edelstein
Council Member Weill
Thursday, September 3, 2026, 1:00 PM
City Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
ATTENDANCE OPTIONS:
- In Person: In the Rancho Mirage City Council Chamber located at 69-825 Highway 111, Rancho Mirage, CA 92270 - Online via Zoom: Click Here OR access zoom.us, select “Join Meeting” from "Meet" drop down menu, and enter Webinar ID 870 0219 1641 & Passcode 830240
- By Telephone via Zoom: Call (888) 475-4499 (US Toll Free) and enter Webinar ID 870 0219 1641 & Passcode 830240

REGULAR MEETING OF THE RANCHO MIRAGE CITY COUNCIL

AND COMMUNITY SERVICES DISTRICT, ENERGY AUTHORITY,

HOUSING AUTHORITY, JOINT POWERS FINANCE AUTHORITY, LIBRARY

AND OBSERVATORY, AND REDEVELOPMENT SUCCESSOR AGENCY BOARDS AGENDA

1. GENERAL

1.A.Call to Order

1.B.Flag Salute

1.C.Roll Call: Downs, Fromberg Edelstein, Weill, O'Keefe, Mallotto

2. PRESENTATIONS

2.A.CAL FIRE / Riverside County Fire Department Update

2.B.Rancho Mirage Chamber of Commerce Update

2.C.Proclamation Recognizing Hunger Action Month

3. COUNCIL MEMBER COMMENTS/REPORTS

4. CITY MANAGER COMMENTS/REPORTS

5. CONSENT CALENDAR (A-I)

5.A.Waive Full Reading of Any Ordinance Introduced or Adopted Pursuant to this Agenda 1 5.B.Zoning Text Amendment Case No. ZTA26-0002 – Applicant: City of Rancho Mirage. Ordinance Amending Section 17.32.040 (Preferred Locations) of Chapter 17.32 (Wireless Communication Facilities) of Title 17 (Zoning) of the Rancho Mirage Municipal Code — RECOMMENDED ACTION: Adopt Ordinance No. 1234, 2nd Reading, 1) Finding Adoption of this Ordinance Exempt from CEQA; and 2) Amending Section 17.32.040 (Preferred Locations) of Chapter 17.32 (Wireless Communication Facilities) of Title 17 (“Zoning”) of the Rancho Mirage Municipal Code to Streamline the Entitlement Process for Wireless Communication Facilities at Designated Preferred Locations.

5.C.July 16, 2026, Regular City Council Meeting Minutes — RECOMMENDED ACTION: Approve the July 16, 2026, Regular City Council Meeting Minutes as presented.

5.D.Final Acceptance of Improvements for Tract Map No. 33329 (Via Josefina) — RECOMMENDED ACTION: Accept the private improvements for Tract Map No. 33329 as completed and authorize the filing of the Notice of Completion with the County Recorder ’s Office.

5.E.Approval of Final Tract Map No. 38492 (Vista Del Sol) — RECOMMENDED ACTION: Approve Final Parcel Map No. 38492 and authorize the City Manager and/or his designee to execute the Subdivision Improvement Agreement prior to issuance of grading permit.

5.F.Approval of Final Parcel Map No. 38978 (Vista Del Sol) — RECOMMENDED ACTION: Approve Final Parcel Map No. 38978 and authorize the City Manager and/or his designee to execute the Subdivision Improvement Agreement prior to issuance of grading permit.

5.G.Quarterly Treasurer’s Report for the Quarter Ending June 30, 2026 — RECOMMENDED ACTION: Receive and File the June 30, 2026, Quarterly Treasurer’s Report.

5.H.Contracts
— RECOMMENDED ACTION: Approve the terms of the contracts as presented and authorize the City Manager to execute the subject contracts.

5.I.Demands
— RECOMMENDED ACTION: Approve the demands as presented.

6.PUBLIC HEARINGS

6.A.Vista Del Sol Street and Waterline Improvement District #31-26 — RECOMMENDED ACTION: Consider whether to proceed with formation of Vista Del Sol Street and Waterline Improvement District No. 31-26, provided a majority protest does not exist following the public hearing and ballot tabulation.

7.ACTION CALENDAR

7.A.Coachella Valley Association of Governments (CVAG) Joint Powers Agreement Amendment — RECOMMENDED ACTION: Approve Amendment No. 1 to the Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments (CVAG). 2 8. NON-AGENDA PUBLIC COMMENTS
An opportunity for the public to speak on issues not on the agenda for a maximum of three (3) minutes per speaker.

9. CLOSED SESSION

9.A.Closed Session Agenda
— 1) CONFERENCE WITH LEGAL COUNSEL - POTENTIAL INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4). One Potential Case

9.B.Recess to Closed Session

9.C.Reconvene Open Session

9.D.Closed Session Announcements

10. ADJOURNMENT

PUBLIC NOTICES

Livestream: This meeting may be watched live on the City’s website. To access the livestream, Click Here OR access www.RanchoMirageCA.gov and click the “Meeting Agendas & Minutes” button on the home page (during the meeting).

Public Comments/Testimony: Public comments/testimony may be provided during the non-agenda public comment period and during the public comment/testimony period for each agenda item. Public comment/testimony is limited to three (3) minutes per speaker.

In Person - In-person attendees may fill out a Request to Speak slip prior to the start of the meeting and submit it to the City Clerk. Please submit a separate slip for each item on which you wish to speak. The City Clerk will call upon speakers at the appropriate time.

Online via Zoom - Those participating online via Zoom may click the “Raise Hand” button to indicate that they wish to speak. The City Clerk will indicate when each speaker may unmute themselves. Unmute by clicking the "Unmute" button.

By telephone via Zoom - Those participating by telephone via Zoom may press *9 to indicate that they wish to speak. The City Clerk will indicate when each speaker may unmute themselves. Unmute by dialing *6.

In Writing - Written comments/testimony may be submitted to the City Clerk via email to [email protected] or mail/delivery to ATTN: City Clerk, City of Rancho Mirage, 69-825 Highway 111, Rancho Mirage, CA 92270. Please submit written public comments/testimony at least three (3) hours in advance of the meeting to ensure they may be fully considered. Submissions received during the meeting will be distributed to the legislative body(ies), and made available to the public, following the meeting.

Agenda Materials: Any staff reports for agenda items considered in open session, as well as agenda materials for open session items provided to a majority of the legislative body(ies) following distribution of the agenda, are available for inspection in the City Clerk’s Office at Rancho Mirage City Hall, located at 69-825 Highway 111, Rancho Mirage, CA 92270, during normal business hours.

Americans with Disabilities Act (ADA): If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the ADA, please contact the City Clerk’s Office at (760) 324-4511 Ext. 488, or via e-mail to [email protected], prior to the meeting. Providing notice at least 48 hours in advance of the meeting is suggested, so a determination may be made as to whether the request is feasible.

Service Disruptions: In the event of a disruption in internet or telephonic services preventing public access to this meeting during open session, the meeting will be recessed for at least one hour, or until service is restored, and a good faith attempt is made to restore service. Closed Session may occur during such recess.3

Declaration of Posting: I, Kristie Ramos, City Clerk of the City of Rancho Mirage, do hereby declare that the foregoing meeting agenda was posted on the City of Rancho Mirage website at www.RanchoMirageCA.gov , on the Rancho Mirage City Hall bulletin board at 69-825 Highway 111, Rancho Mirage, CA 92270, and at the Rancho Mirage Library & Observatory at 71-100 Highway 111, Rancho Mirage, CA 92270, at least 72 hours in advance of the subject meeting.

Date Posted: August 28, 2026
4 City Council Staff Report

Zoning Text Amendment Case No. ZTA26-0002 – Applicant: City of Rancho Mirage. Ordinance Amending Section 17.32.040 (Preferred Locations) of Chapter 17.32 (Wireless Communication Facilities) of Title 17 (Zoning) of the Rancho Mirage Municipal Code

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5B.

Presented To Presented By
Mayor and City Council Kristie Ramos, City Clerk

RECOMMENDED ACTION
Adopt Ordinance No. 1234, 2nd Reading, 1) Finding Adoption of this Ordinance Exempt from CEQA; and 2) Amending Section 17.32.040 (Preferred Locations) of Chapter 17.32 (Wireless Communication Facilities) of Title 17 (“Zoning”) of the Rancho Mirage Municipal Code to Streamline the Entitlement Process for Wireless Communication Facilities at Designated Preferred Locations.

DISCUSSION
Ordinance No. 1234 was introduced on July 16, 2026.

Attachments
Attachment 1 - Draft Ordinance
5 ORDINANCE NO. 1234

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, 1) FINDING ADOPTION OF THIS ORDINANCE EXEMPT FROM CEQA; AND 2) AMENDING SECTION 17.32.040 (PREFERRED LOCATIONS) OF CHAPTER

17.32 (WIRELESS COMMUNICATION FACILITIES) OF TITLE 17 (“ZONING”) OF THE

RANCHO MIRAGE MUNICIPAL CODE TO STREAMLINE THE ENTITLEMENT

PROCESS FOR WIRELESS COMMUNICATION FACILITIES AT DESIGNATED

PREFERRED LOCATIONS
WHEREAS, the City of Rancho Mirage (“City”) is a charter city and a municipal corporation of the State of California, and recognized as a political subdivision of State of California for certain purpose; and
WHEREAS, on March 6, 2025, the City Council received and filed the Wireless Master Plan which contains key data and recommendations on how to improve cellular coverage within the City. The City Council directed staff to initiate the necessary municipal code amendments to streamline the permitting process and to reduce barriers to entitlement for wireless communication facilities. On June 5, 2025, the City Council adopted revisions to Chapter 17.32 (Wireless Communication Facilities), updating the City’s regulations of wireless communication facilities to streamline the permitting process; and
WHEREAS, as stated in the Wireless Master Plan, “[a] key element of this strategy is the identification and pre-approval of specific locations and site configurations. By providing operators with a clear view of viable deployment options, this approach reduces uncertainty, [and] streamlines approval processes”; and WHEREAS, the proposed ordinance is in furtherance of public interest, health, safety and welfare. Mobile connectivity has become an essential part of daily life, with individuals increasingly relying on their phones for communication, education, commerce, public safety, working, connecting with others, and access to services. The proposed amendment streamlines the entitlement process for preferred locations, further reducing significant challenges for wireless cellular coverage in the City, which may result in improved access to cellular services, improving access to emergency services and remote healthcare services, improving public safety, broadening mobile access for civic engagement and government services, supporting tourism through mobile access to information on local points of interest, and stimulating economic growth via better connectivity. As mobile services become a primary gateway to opportunity and information, ensuring equitable access to reliable coverage is a matter of public good; and
WHEREAS, the City Council finds that the adoption of this Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15303 (New Construction or Conversion of Small Structures), and 15332 (In-Fill Development Project).

ATTACHMENT 1
6 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS AND EXHIBITS
That the above Recitals and attached Exhibits are true and correct and are incorporated as though fully set forth herein.

SECTION 2. EVIDENCE AND ADMINISTRATIVE RECORD
That the City Council conducted a noticed Public Hearing on [INSERT], 2026, and considered all of the evidence submitted into the administrative record for the proposed Ordinance, including, but not limited to, the following, which are all hereby incorporated herein by reference:
(a) Rancho Mirage Municipal Code;
(b) Rancho Mirage General Plan, any applicable specific plans, and Title 17 (Zoning) of the Rancho Mirage Municipal Code and all relevant provisions contained therein;
(c) Wireless Master Plan, received and filed by the City Council on March 6, 2025; (d) Notice of Planning Commission Public Hearing scheduled for June 25, 2026, at 2:00 p.m. in the Council Chamber, located at City Hall at 69-825 Highway 111, Rancho Mirage, California;
(e) Planning Commission Staff Report, attachments and Staff presentation for the proposed Ordinance, and all public documents, records and references related thereto submitted or provided at or prior to the June 25, 2026, Planning Commission Public Hearing;
(f) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the June 25, 2026, Planning Commission Public Hearing;
(g) Notice of City Council Public Hearing scheduled for July 16, 2026, at 1:00 p.m. in the Council Chamber, located at City Hall at 69-825 Highway 111, Rancho Mirage, California;
(h) City Council Staff Report, attachments and Staff presentation for the proposed Ordinance, and all public documents, records and references related thereto submitted or provided at or prior to the July 16, 2026, City Council Public Hearing; and
(i) Testimony and/or comments from all persons that were provided in written format or correspondence, at, or prior to, the July 16, 2026, City Council Public Hearing.

7 Section 3. FINDINGS
That the City Council finds that all proposed zoning text amendments herein are consistent with the General plan upon consideration of all of its aspects, including without limitation that the proposed amendments further the objectives and policies of the General Plan and do not obstruct their attainment. The City Council further finds that the City’s low population density, limited vertical assets, and surrounding mountains present significant barriers to reliable service. The proposed amendment is in furtherance of public interest, health, safety and welfare. Mobile connectivity has become an essential part of daily life, with individuals increasingly relying on their phones for communication, education, commerce, public safety, working, connecting with others, and access to services. The proposed amendment streamlines the entitlement process for preferred locations, further reducing significant challenges for wireless cellular coverage in the City, which may result in improved access to cellular services, improving access to emergency services and remote healthcare services, improving public safety, broadening mobile access for civic engagement and government services, supporting tourism through mobile access to information on local points of interest, and stimulating economic growth via better connectivity. As mobile services become a primary gateway to opportunity and information, ensuring equitable access to reliable coverage is a matter of public good.

Section 4. AMENDING SECTION 17.32.040 (PREFERRED LOCATIONS) OF CHAPTER 17.32 (WIRELESS COMMUNICATION FACILITIES) OF
TITLE 17 (“ZONING”) OF THE RANCHO MIRAGE MUNICIPAL
CODE
That Section 17.32.040 (Preferred Locations) of Chapter 17.32 (Wireless Communication Facilities) of Title 17 (“Zoning”) of the City of Rancho Mirage Municipal Code, is hereby amended as set forth in more below:
§ 17.32.040. Preferred locations.

Wireless communications facilities are encouraged to be located in commercial and public/semi- public zoning districts whenever feasible. Applicants are encouraged to site facilities on existing commercial buildings. Co-location is encouraged.

A. In the instance where a facility is proposed within 100 feet of residential zoning or child day care centers, the applicant shall submit a narrative description of alternative sites considered, if any, and include specific reasons why these alternative sites were not chosen. Drawings shall include the location of all schools, child day care centers, hospitals, and residential dwellings within 100 feet of the antenna array.

B. Notwithstanding Section 17.32.060 (Reviewing authority), preferred sites will be required to process a Minor Conditional Use Permit and/or Minor Modification, subject only to the Director’s review authority, for a monopalm up to eighty-one feet in height and accommodating up to three (3) wireless carriers, provided the facility substantially conforms to City Council-approved designs on file with the Planning Department and the approval standards set 8 forth in Section 17.32.050 (Approval standards). The Director may refer an application to the Planning Commission if the Director determines that the application presents unique impacts, including but not limited to substantial design deviations, aesthetics, visual or noise impacts, presents a land use issue not addressed by the development standards of this chapter, involves significant deviation in technologies with characteristics not contemplated by the enacting ordinance, as may be amended from time to time, or requires interpretation of conflicting provisions of this code.

1. Monopalm designs approved by City Council are intended to depict representative examples of acceptable monopalm designs, provided for illustrative purposes only and not intended to establish mandatory development standards. Alternative monopalm designs may be approved by reviewing authority, provided it substantially conforms to the overall design intent and aesthetic objectives of this chapter.

C. For purposes of this section, “preferred sites” shall mean any site(s) designated as preferred sites via ordinance of the City Council.

Section 5. MONOPALM DESIGNS ADOPTED
In accordance with Section 17.32.040(B), the City hereby adopts typical monopalm designs, as set forth in more detail on Exhibit “B”, attached hereto and incorporated herein by this reference.

Section 6. ENVIRONMENTAL REVIEW
That the City Council finds that the adoption of this Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15303 (New Construction or Conversion of Small Structures), and 15332 (In-Fill Development Project) because it may result in construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small structures, or the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and none of the application exceptions under CEQA Guidelines section 15300.2 (a-f) apply; and this approval is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, and any development would occur within city limits on a project site of no more than five acres substantially surrounded by urban uses, the project sites have no value, as habitat for endangered, rare or threatened species, approval of this action would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the sites can be adequately served by all required utilities and public services. Moreover, the preferred locations are not considered environmentally sensitive. The proposed facilities would not involve the use of significant amounts of hazardous substances, as they will consist of standard communications equipment that are regulated by federal and State agencies, including the Federal Communications Commission (FCC). Sufficient setback distancing and screening will be reviewed at the staff level with a Minor Conditional Use Permit and/or Minor Modification, which will 9 minimize the visual impacts to surrounding properties. All public utilities and services will be available to the identified locations. No special circumstances exist that would create a reasonable possibility that establishing a wireless communication facility at the preferred sites will have a significant effect on the environment. Based on the proposed design, locations, and standard conditions of approval, wireless communication facilities are small structures with many locations surrounded by developed areas. Therefore, there is no expected significant effect on the environment, and the Ordinance is exempt from CEQA, and no further environmental review is required.

Section 7. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ordinance pursuant to Section

1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is consistent with the general powers and purposes of the City as set forth in Section

1.04.031 of the Rancho Mirage Municipal Code.

Section 8. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance 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 Ordinance as hereby adopted shall remain in full force and effect.

Section 9. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 10. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this Ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 11. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 12. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance, and cause it to be published as required by law.

10 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on ______________, 2026, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

CITY OF RANCHO MIRAGE

_______________________________
Lynn Mallotto, Mayor

ATTEST:

_______________________________
Kristie Ramos, City Clerk

APPROVED AS TO FORM:

_______________________________
Colin Kirkpatrick, City Attorney

11 EXHIBIT “A”

PREFERRED LOCATIONS DESCRIPTION & DEPICTION

(SEE ATTACHED)

12 Preferred Locations

Assessor Parcel Numbers: 689-030-001, 689-030-013, 689-030-012, 689-030-017, 689- 100-049, 689-100-040, 685-090-014, 685-010-011, 690-182-016, 690-182-017, 674-600- 008, 674-600-006, 674-600-004, 674-600-007, 674-600-005, 674-600-003, 674-600-002, 674-600-020, 689-180-012, 689-160-029, 689-160-021, 689-190-022, 689-210-002, 684- 660-086, 684-660-088, 684-660-084, 684-660-087, 684-660-085, 684-660-083, 684-181- 036, 684-181-032, 684-181-012, 684-150-031, 684-150-016, 684-150-018, 684-130-023, 684-130-032, 684-130-024, 684-182-002, 684-182-003, 684-182-004, 684-182-005, 684-182- 006, 684-182-011, 684-182-010, 684-182-008, 684-182-007, 684-181-010, 684-181-009, 684-240-005, 684-240-006, 684-240-008, 684-240-019, 684-160-036, 684-171-024, 684- 171-029, 684-171-030, 684-171-025, 684-172-008, 684-172-007, 673-250-022, 673-250- 021, & 676-220-016.

Map – The map identifies the Assessor Parcel Number listed. Properties identified in blue are privately owned and those in green are City/Rancho Mirage Housing Authority owned.

13 Preferred Locations

14 Preferred Locations

15 Preferred Locations

16 Preferred Locations

17 EXHIBIT “B”

MONOPALM DESIGNS

(SEE ATTACHED)

18 GENERAL NOTES:

1. ALL STEEL SHALL MEET THE REQUIREMENTS OF THE “STANDARD SPECIFICATIONS FOR STRUCTURAL STEEL” ASTM A36, UNLESS OTHERWISE NOTED ON THE STRUCTURAL PLANS OR BELOW.

2. ALL ROUND STEEL PIPE SHALL MEET THE REQUIREMENTS OF API-5LX GR. 42 (42 KSI YIELD POINT MATERIAL).

3. ALL TUBE STEEL (SQUARE OR RETANGULAR) SHALL MEET THE REQUIREMENTS OF ASTM A500 GRADE B (46 KSI YIELD POINT MATERIAL),

4. ALL POLYGON FORMED STEEL SHAFTS SHALL MEET THE REQUIREMENTS OF ASTM A572 GRADE 65 (65 KSI YIELD POINT MATERIAL).

5. ALL WELDED CONNECTIONS SHALL CONFORM TO THE LATEST VERSION OF THE AMERICAN WELDING SOCIETY AWS 01.1 CODE. ALL WELD ELECTRODES OR WIRE SHALL AT A MINIMUM CONFORM TO E70 ELECTRODES (70 KSI YIELD).

6. ALL STEEL SHAPES AND PLATES SHALL BE HOT-DIPPED GALVANIZED ACCORDING TO ASTM A123. ALL STEEL NUTS AND BOLTS AND ASSOCIATED HARDWARE SHALL BE HOT-DIPPED ACCORDING TO ASTM A153.

7. WIND TESTING OF PINE TREE BRANCHES HAS BEEN COMPLETED BY THE SUPPLIER OF THE BRANCHES, LARSON. LARSON HAS VERIFIED THE STRENGTH OF THE BRANCHES THROUGH FULL SCALE WIND TESTING. THE WIND AREA USED IN THE CALCULATIONS IS BASED ON THE WIND TEST DATA. THE CALCULATION ACCOUNT FOR PINE TREE BRANCHES ATTACHED AT THE TOP OF THE MONOPOLE. ISE INC.

HAS REVIEWED AND APPROVED THE WIND TEST METHODS.

8. THE MAIN MONOPOLE STRUCTURE SHALL BE FABRICATED BY A JURISDICTION CERTIFIED FABRICATOR OF CONVENTIONAL STEEL STRUCTURES.

9. SPECIAL INSPECTION SHALL BE PERFORMED ACCORDING TO SECTION 1704 OF THE 2018 IBC REFER TO TABLE “SUMMARY OF SPECIAL INSPECTION” ON THIS SHEET.

10. IT IS THE CONTRACTORS SOLE RESPONSIBILITY TO NOTIFY THE SPECIAL

INSPECTOR OR INSPECTION AGENCY (OR THE INSPECTING GEOTECHNICAL

ENGINEER) AT LEAST ONE WORKING DAY PRIOR TO PERFORMING ANY WORK THAT REQUIRES SPECIAL INSPECTION. PER THE 2018 IBC ANY WORK THAT REQUIRES

SPECIAL INSPECTION THAT IS INSTALLED OR COVERED WITHOUT THE APPROVAL OF THE SPECIAL INSPECTION IS SUBJECT TO REMOVAL.

11. THE LIST OF SPECIAL INSPECTIONS IS IN ADDITION TO INSPECTIONS REQUIRED BY SECTION 110 OF THE 2018 IBC. SPECIAL INSPECTION IS NOT A SUBSTITUTION FOR INSPECTION BY A CITY INSPECTOR.

12. THE SPECIAL INSPECTOR SHALL BE APPROVED BY THE LOCAL JURISDICTION TO PERFORM THE TYPES OF INSPECTION REQUIRED.

13. CONTINUOUS INSPECTION IS ALWAYS REQUIRED DURING THE PERFORMANCE OF THE WORK UNLESS OTHERWISE SPECIFIED.

14. ANY SUPPORT SERVICE PERFORMED BY THE ENGINEER OF RECORD DURING

CONSTRUCTION SHALL BE DISTINGUISHED FROM CONTINUOUS AND DETAILED INSPECTION SERVICES, WHICH ARE FURNISHED BY OTHERS. THESE SUPPORT

SERVICES PERFORMED BY THE ENGINEER OF RECORD ARE ONLY FOR THE

PURPOSE OF ASSISTING IN THE QUALITY CONTROL AND IN ACHIEVING CONFORMANCE WITH THE CONTRACT DOCUMENTS. THIS SUPPORT DOES NOT

GUARANTEE THE CONTRACTOR'S PERFORMANCE AND SHALL NOT BE CONSTRUED AS SUPERVISION OF CONSTRUCTION.

15. THE ANTENNA MOUNT SHALL BE FABRICATED BY LARSON VALMONT, LLC. OR AN APPROVED FABRICATOR OF CONVENTIONAL STEEL STRUCTURES.

ERECTION NOTES:

1. ALL ANTENNA COAXIAL CABLES SHALL BE RUN INSIDE THE
MONOPOLE SHAFT.

2. THE CONTRACTOR SHALL INSTALL THE ANTENNA AND MOUNT AS REQUIRED BY THE OWNER.

3. ALL ANCHOR BOLT NUTS SHALL BE TIGHTENED TO AISC SNUG TIGHT REQUIREMENTS. THE SNUG TIGHT CONDITION IS DEFINED AS THE

TIGHTNESS THAT EXISTS WHEN ALL PLIES IN A JOINT ARE IN FIRM CONTACT. THIS MAY BE ATTAINED BY A FEW IMPACTS OF AN IMPACT

WRENCH OR THE FULL EFFORT OF A MAN USING AN ORDINARY SPUD WRENCH.

4. ALL GALVANIZED SURFACES THAT ARE DAMAGED BY ABRASIONS,

CUTS, DRILLING OR FIELD WELDING DURING SHIPPING OR ERECTION

SHALL BE TOUCHED UP WITH TWO COATS OF A COLD GALVANIZING COMPOUND MEETING THE REQUIREMENTS OF ASTM A780.

5. THE ANCHOR BOLT TEMPLATES AND BASE PLATE WILL TYPICALLY

HAVE AN AZIMUTH WELDED OR A NOTCH INDICATING THE CORRECT ORIENTATION OF THE ANCHOR BOLTS. THIS IS NECESSARY TO
PROPERLY ORIENT THE MONOPOLE EXIT PORTS.

6. SLIP JOINT IS A FRICTION CONNECTION THAT WILL TRANSFER DESIGN FORCES WHEN THE SPECIFIED OVERLAP IS ACHIEVED. ASSEMBLY

CONTRACTOR SHALL BE EXPERIENCED AND FAMILIAR WITH TAPERED POLE ASSEMBLY. CONTRACTOR SHALL CONSPICUOUSLY MARK THE

LOWER POLE SECTION FOR THE MAXIMUM, DESIGN, AND MINIMUM OVERLAP DISTANCES. CONTRACTOR SHALL SLIDE SECTIONS

TOGETHER AND APPLY FORCES THROUGH JACKING OR END RAM TO ACHIEVE THE DESIGN OVERLAP.

7. ALL SLIP SPLICES SHALL BE JACKED TO WITHIN THE SLIP SPLICE DESIGN CRITERIA AS SHOWN ON THESE DRAWINGS. IF THE DESIGN SPLICE CANNOT BE ATTAINED ISE INC. SHALL BE CONTACTED.

8. ALL A36 THREADED ROD AND U-BOLTS SHALL BE TIGHTENED TO AISC SNUG REQUIREMENTS. THE SNUG TIGHT CONDITION IS DEFINED AS

THE TIGHTNESS THAT EXIST WHEN ALL PLIES IN A JOINT ARE IN FIRM CONTACT. THIS MAY BE ATTAINED BY A FEW IMPACTS OF AN IMPACT

WRENCH OR THE FULL EFFORT OF A MAN USING AN ORDINARY SPUD WRENCH. A36 NUTS AND BOLTS TIGHTENING DO NOT REQUIRE
SPECIAL INSPECTION.

9. ANTENNA MOUNT SHALL NOT BE USED AS A CLIMBING DEVICE.

WORKERS SHALL ALWAYS TIE OFF TO A SPECIFIED CLIMBING POINT.

NO. DESCRIPTION OF TYPE OF INSPECTION REQUIRED, LOCATION, REMARKS, ETC CONTINUOUS / PERIODIC FOUNDATION CONSTRUCTION:
- GEOTECHNICAL ENGINEER OF RECORD MAY SERVE AS THE SPECIAL INSPECTOR FOR THE FOUNDATION CONSTRUCTION.
1).

A.

PF1

SUMMARY OF SPECIAL INSPECTIONS
- SHALL VERIFY THE DIAMETER, DEPTH AND QUALITY OF EXCAVATION PRIOR TO THE CONCRETE PLACEMENT.
- SHALL VERIFY THE ON SITE SOILS ARE AS DETERMINED IN THE SOILS REPORT.

CAST IN PLACE CONCRETE (FOUNDATION):
- REINFORCING CAGE SHALL BE INSPECTED TO ENSURE THAT THE PROPER GEOMETRY, SIZE, LENGTH, QUAINTLY AND GRADE MATERIAL ARE USED. - ALL CONCRETE SHALL BE AS SPECIFIED BY ACI-318, LATEST EDITION TO

ENSURE THE COMPRESSIVE STRENGTH IS ATTAINED AS DESCRIBED IN THE FOUNDATION NOTES.
- CONTINUOUS INSPECTION IS REQUIRED DURING THE CONCRETE PLACEMENT.

B.

C.
2).

A.

B.

C.

ANCHOR BOLTS INSTALLED IN CONCRETE:3).
- PLACEMENT SHALL BE ORIENTED ON PROPER BOLT CIRCLE AS SHOWN ON THE STRUCTURAL PLANS, WITH TOP AND BOTTOM TEMPLATES INSTALLED. -SHALL BE PLUMB.
- SHALL HAVE A MINIMUM EMBEDMENT IN FOUNDATION PER FOUNDATION DETAIL
- SHALL BE TIGHTENED TO SNUG TIGHT CONDITION PER AISC STEEL MANUAL OF STEEL CONSTRUCTION.PERIODIC

PERIODIC

PERIODIC

PERIODIC

CONTINUOUS

PERIODIC

PERIODIC

PERIODIC

PROJECT INFORMATION
DATE:

CUSTOMER:

PRODUCT:

SITE ID:

LOCATION:

LARSON VALMONT
70'-0'' MONOPOLE
LATITUDE:

LONGITUDE:

May 15, 2024

PROGRESS LOG

SHEET NUMBER

DRAWING DATE

PROGRESS
05/14/240 ISSUED TO CLIENT PB
0 THIS DESIGN DRAWING IS

PROPRIETARY & CONFIDENTIAL

THE INFORMATION IN THIS DRAWING IS THE
SOLE PROPERTY OF LARSON. ANY

REPRODUCTION, MODIFICATION, OR

MANUFACTURING IN PART, OR AS A WHOLE,

WITHOUT THE WRITTEN PERMISSION
OF LARSON IS PROHIBITED.

May 15, 2024

POLE SPECIFICATIONS
Section Shape
PipeTaper
Pole Material
Base Plate
Anchor Bolts
Pole Length Weight Tkns. Lap Splice Diameter Section (ft.) (kips) (in.) (in.) Top (in.) Bot (in.) 18-SIDED Tapered

0.283 IN/FT
A572-65 (65 KSI)
ASTM A572 GR50

2.25"Ø X 84" ASTM A615 GR 75 - DRILLED PIER
L1
Base Plate

43.00 2.631

0.919

0.219

2.25 53.64 20.000 32.169
52"Ø w/ 29.5"Ø ID
TABLE INDICATES RAW STEEL WEIGHTS. FINAL GALVANIZED WEIGHTS SHALL BE APPROXIMATELY 22% GREATER.

L2 30.47 3.544 0.312 --30.466 39.089

2.25"Ø X 72" ASTM A615 GR 75 - MAT
2018 IBC, 108 MPH BASIC WIND SPEED, TIA-222-H, EXPOSURE C, TOPOGRAPHIC CATEGORY 1, RISK CATEGORY II, GROUND ELEVATION 581'
DESIGN CRITERION:

DEFLECTIONS

Elev. (ft.) Lateral (in.) Sway ( ° ) Lateral (in.) Sway ( ° ) Top 34.939 3.9471.0879.636
60 MPH Wind 108 MPH Wind

APPURTENANCES
Elevation (ft.) (Qty)Description
70' (1)4' Lightning Rod
60' - 70' (65)(20) 7' , (20) 9', (25) 10' Palm Fronds

30.5' - 60.5' (1)12' Dia. x 30' Tall Frond Skirt
65'(1)EPA Load - 278sq.ft
50'(1)EPA Load - 278sq.ft
35'(1)EPA Load - 208sq.ft
26' (1)Ice Shield
20' (1)MW Dish

DESIGN LOADS
1987.303

41.255

27.479
(Unfactored Base Wind Reactions)
Moment = Ft-Kips
Shear = Kips
Axial = Kips

SHEET INDEX
PF2
PF1 PRODUCT INFORMATION & NOTES

POLE ELEVATION

DETAILS

EARTHQUAKE DESIGN DATA
FOUNDATION NOTES:

1. THE GEOTECHNICAL ENGINEER (OR THE APPROPRIATE INSPECTOR) SHALL INSPECT THE EXCAVATION PRIOR TO PLACING REINFORCING STEEL OR FORMS.

THE GEOTECHNICAL ENGINEER (OR INSPECTOR) SHALL PROVIDE A NOTICE OF

INSPECTION FOR THE BUILDING INSPECTOR FOR REVIEW AND RECORDS PURPOSE.

2. THE CONTRACTOR SHALL DETERMINE THE MEANS AND METHODS TO SUPPORT THE EXCAVATION DURING CONSTRUCTION. REFER TO THE GEOTECHNICAL REPORT FOR RECOMMENDATIONS.

3. THE CONTRACTOR SHALL READ THE GEOTECHNICAL REPORT AND SHALL

CONSULT THE GEOTECHNICAL ENGINEER AS NECESSARY PRIOR TO CONSTRUCTION.

4. FOUNDATION DESIGN PER GEOTECHNICAL INVESTIGATION REPORT:

5. ALL FOUNDATION CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH F'c= 4000 PSI AT 28 DAYS. CONCRETE MIX SHALL BE DESIGNED BY AN APPROVED LABORATORY. CONCRETE SHALL HAVE A MAXIMUM
WATER/CEMENT RATIO OF 0.45. ALL CONCRETE CONSTRUCTION SHALL BE IN ACCORDANCE WITH ACI 318. “THE BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE”, LATEST EDITION. CEMENT SHALL BE TYPE II, CONFORMING TO ASTM C-150. ALL AGGREGATE USED IN THE CONCRETE SHALL CONFORM TO ASTM C-33. MAXIMUM AGGREGATE SIZE TO BE 1 1/2”.

SLUMP 4" - 8".

6. CAISSON FOUNDATION INSTALLATION SHALL BE IN ACCORDANCE WITH ACI 336, “STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF DRILLED PIERS”, LATEST EDITION. MAT/PIER FOUNDATION INSTALLATION SHALL BE IN ACCORDANCE WITH ACI 318 LATEST EDITION. CONCRETE CYLINDERS SHALL BE MADE AND TESTED. A MINIMUM OF ONE (1) SET SHALL BE TAKEN FROM CONCRETE IN FOUNDATION. EACH SET SHALL CONSIST OF FOUR (4) CYLINDERS. ONE SHALL BE TESTED AT (7) DAYS, TWO SHALL BE TESTED AT TWENTY EIGHT (28) DAYS AND THE LAST CYLINDER SHALL BE A HOLD. ALL

CYLINDERS SHALL BE TAKEN, PREPARED AND TESTED BY A TESTING LAB IN ACCORDANCE WITH ASTM STANDARDS C172, C31 AND C39.

7. ALL REINFORCING STEEL SHALL CONFORM TO ASTM A615. VERTICAL BARS SHALL BE GRADE 60, AND TIES OR STIRRUPS SHALL BE A MINIMUM OF GRADE

40. THE PLACEMENT OF ALL REINFORCEMENT SHALL CONFORM TO ACI 315, “MANUAL OF STANDARD PRACTICE FOR DETAILING REINFORCED CONCRETE STRUCTURES”, LATEST EDITION, UNLESS OTHERWISE DETAILED ON THIS SHEET.

8. ESTIMATED CONCRETE VOLUME =
MAT+PIER : 46.32 CYD
PIER : 19.80 CYD

9. THE FOUNDATION HAS BEEN DESIGNED TO RESIST THE FOLLOWING FACTORED LOADS:

10. SPECIAL INSPECTION REQUIRED PER TABLE

11. “SUMMARY OF SPECIAL INSPECTION"
PF3
MOMENT = 2031.895 FT-KIPS
SHEAR = 41.255 KIPS
AXIAL = 32.975 KIPS
DETAILSPF4
IMPORTANCE FACTOR (1): 1
OCCUPANCY CATEGORY: II
RESPONSE MODIFICATION FACTOR (R): 1.50

ANALYSIS PROCEDURE USED EQUIVALENT LATERAL FORCE PROCEDURE SS = 0.051
S1 = 0.021
SDS = 0.054
SD1 = 0.034
SEISMIC DESIGN CATEGORY:

SITE CLASS:

SEISMIC RESPONSE COEFFICIENT:

DESIGN BASE SHEAR:

A
D

0.014

41.255
19 1 POLE ELEVATION

PROGRESS LOG

SHEET NUMBER

DRAWING DATE

PROGRESS
05/14/240 ISSUED TO CLIENT PB
0 THIS DESIGN DRAWING IS

PROPRIETARY & CONFIDENTIAL

THE INFORMATION IN THIS DRAWING IS THE
SOLE PROPERTY OF LARSON. ANY

REPRODUCTION, MODIFICATION, OR

MANUFACTURING IN PART, OR AS A WHOLE,

WITHOUT THE WRITTEN PERMISSION
OF LARSON IS PROHIBITED.

May 15, 2024
PF2
FLAT NUMBERING2
1 2
3 4
7 8
91011
12 13
14 15
16 17
18 NOT USED3
5 6
NOTES:

1. BRANCHES SHOWN FOR

ILLUSTRATION PURPOSE
ONLY

2. HANDHOLES NOT SHOWN
AT TRUE ORIENTATION.

REFER TO SCHEDULE
NOTES:

1. BRANCHES SHOWN FOR

ILLUSTRATION PURPOSE
ONLY

2. HANDHOLES NOT SHOWN
AT TRUE ORIENTATION.

REFER TO SCHEDULE

BASE PLATE
& ANCHOR BOLTS

FINISH GRADE
0'-0"

TOP OF BRANCHES
74'-0''

TOP OF POLE
70'-0''
53 .
6 4
"
LA
P

S
P
L
I
C
E

DATE PALM BRANCHES

PORT (SEE SCHEDULE)
18'-0''

ANTENNA RAD CENTER
65'-0''

PORT (SEE SCHEDULE)
65'-0''

ANTENNA RAD CENTER
50'-0''

PORT (SEE SCHEDULE)
33'-0''

PORT (SEE SCHEDULE)
48'-0''

ANTENNA RAD CENTER
35'-0''

PORT (SEE SCHEDULE)
4'-0''

MW ANTENNA RAD CENTER
20'-0''

FULL BARK
20 PLATE GRADE THICKNESS
(IN)
OUTER

DIAMETER (IN)
INNER

DIAMETER
(IN)
BOLT

CIRCLE (IN)

BOLT HOLE

DIAMETER (IN)
BASE PLATE 2.25 52 29.5 46 2.625

ANCHOR BOLT
TEMPLATE A36 0.5 51 41 46 2.375
A572 GR50
BOLT GRADE NO. OF BOLTS BOLT

DIAMETER (IN)
TOTAL

LENGTH (IN)
ANCHOR BOLTS - PIER A615 GR 75 12 2.25 84

EMBEDMENT
(IN)
72 ANCHOR BOLTS - MAT A615 GR 75 12 2.25 72 60

FOUNDATION INFORMATION

PIER DIAMETER
(FT)

PIER EMBEDMENT
(FT)
PIER

PROJECTION (IN)

VERTICAL

REINFORCEMENT TIES ANCHOR BOLT

EMBEDMENT (IN)

5.5 22 6 (22) #10 #5 72

COAX HAND/ACCESS HOLE SCHEDULE
TYP.

W
H
POLE
(PER PLAN)
A
Tf
POLE
(PER PLAN)
BB

B SECTION 'B-B'
D2
D1
ELEV QTY W H AZIMUTH D1 D2 Tf
(AFG) (IN) (IN)(IN) (IN) (IN)
65'-0" 3 8 22 0°,120°,240°1 1/2 2 1/2 12"
48'-0" 3 8 22 0°,120°,240°1 1/2 2 1/2 12"
33'-0" 3 8 22 0°,120°,240°1 1/2 2 1/2 12"
18-0" 1 6 18 90° 1 1/2 2 1/2 12" 4'-0" 2 10 30 0°, 180° 2 1/2 4 1/2 3
4"
Tp
100%
45°
45°

PROGRESS LOG

SHEET NUMBER

DRAWING DATE

PROGRESS
05/14/240 ISSUED TO CLIENT PB
0 THIS DESIGN DRAWING IS

PROPRIETARY & CONFIDENTIAL

THE INFORMATION IN THIS DRAWING IS THE
SOLE PROPERTY OF LARSON. ANY

REPRODUCTION, MODIFICATION, OR

MANUFACTURING IN PART, OR AS A WHOLE,

WITHOUT THE WRITTEN PERMISSION
OF LARSON IS PROHIBITED.

May 15, 2024
PF3
Tf = THICKNESS OF FLANGE
Tf

J-HOOK INSIDE POLE AT COAX PORTS
TpTYP.
120.0° (TYP) UNO

MONOPOLE SHAFT
(PER PLAN)

COAX PORT
(PER PLAN)J-HOOK GRIP HOIST

OPPOSITE EACH
COAX PORT (TYP.)
Tp
Tp
Tp = THICKNESS OF POLE

MONOPOLE SHAFT
(PER PLAN)
R11
2" ZINC DRAIN
TYPICAL OF 3
(120° APART)
Tp
1 2" THK. X 22" O.D.

TOP PLATE

MONOPOLE
WEEP HOLE - 1/4"

DRILL THRU BOTTOM

FACE OF TUBE AS CLOSE

TO WELD AS PRACTICAL
5/16" DRILL THRU FOR
1/4" THRU BOLT

STEEL TUBING-
1-1/4" SQ. X 3/16"
WALL X 15" LG., A500-46

DATE FROND

REMOVE ALL BURRS

FROM TUBE OPENINGS
Tp
ANG
L
E

F
R
O
M
VER
T
I
C
A
L

MONOPOLE

POLE TOP PLATE
WEEP HOLE - 1/4"

DRILL THRU BOTTOM

FACE OF TUBE AS CLOSE

TO WELD AS PRACTICAL
5/16" DRILL THRU FOR
1/4" THRU BOLT

STEEL TUBING-
1-1/4" SQ. X 3/16"
WALL X 15" LG.

A500-46

REMOVE ALL BURRS

FROM TUBE OPENINGS
Tp

DATE FROND

BASE PLATE

OUTER DIAMETER

BOLT CIRCLE
POLE

INNER DIAMETER

BOLT HOLES

OUTER DIAMETER

BOLT CIRCLE

TEMPLATE
(2 REQUIRED)

INNER DIAMETER

BOLT HOLES

BASE PLATE ANCHOR BOLT TEMPLATE

ANCHOR BOLTS

VERTICAL

REINFORCEMENT
3"

C
L
R
.

VERTICAL

REINFORCEMENT
(3
)

#
5 @

2 .
5 "
3"

C
L
R
PIER

PROJECTION

ANCHOR BOLTS W/

LEVELING NUTS

POLE & BASE PLATE
(PER PLAN)

FINISHED GRADE
PI
E
R

E
M
B
E
D
M
E
N
T

PIER DIAMETER
3"

C
L
R

ANCHOR BOLT

EMBEDMENT
3" CLR.

ANCHOR BOLT

TEMPLATE
DRILLED PIER FOUNDATION4TYPICAL FROND SLEEVE ATTACHMENT (TOP OF POLE)7 COAX HAND HOLES DETAILS1

POLE/BASE PLATE CONNECTION
2 3

A ELEVATION
5 BASE PLATE AND ANCHOR BOLTSTYPICAL FROND SLEEVE ATTACHMENT (SIDE OF POLE)

SIDE VIEW
POLE TOP DETAIL6
8 (3) #5 TIES
w/STAGGERED HOOKS
TI
E
S

@

6 "

O
.

C
.

S
E
I
S
M
I
C

B
E
N
D
S

A
T

A
L
T
E
R
N
A
T
E

L
O
C
A
T
I
O
N
21 PROGRESS LOG

SHEET NUMBER

DRAWING DATE

PROGRESS
05/14/240 ISSUED TO CLIENT PB
0 THIS DESIGN DRAWING IS

PROPRIETARY & CONFIDENTIAL

THE INFORMATION IN THIS DRAWING IS THE
SOLE PROPERTY OF LARSON. ANY

REPRODUCTION, MODIFICATION, OR

MANUFACTURING IN PART, OR AS A WHOLE,

WITHOUT THE WRITTEN PERMISSION
OF LARSON IS PROHIBITED.

May 15, 2024
PF4
21'-6''
10'-9"

MAT TOP & BOTTOM

REINFORCING
(3" EDGE CLEAR TYP.)

CONCRETE PIER HEAD
1B
--
PLAN VIEW1A
--
MAT FOUNDATION1
PIER SECTION1C
--
21 '
-
6 '
'
10 '
-
9 "
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
MAT FOUNDATION SECTION1B
--
10 '
-
9 "

CONCRETE MAT

CONCRETE PIER HEAD

SPIRAL TIES

VERTICAL REINFORCEMENT
3" CLR.

ANCHOR BOLTS
10'-9"
TIES
2'-
6 '
'
3'-
6 '
'
(12) 2.25"Ø X 72" BOLTS ON 46" B.C. W/

2.25" X 52" ROUND BASE PLATE
W/ LEVELING NUTS W/ 12" EXPOSURE
AND 60" EMBEDMENT (INSTALL W/ LONG

THREAD UP)
F.G.
21'-6" SQUARE
5'-6" Ø

PIER HEAD
6"
10 "

T
O

1 2
"
PR
O
J
E
C
T
I
O
N
3" CLR.

TYP
1C
--
1A
--
F.G.

POLE NOT SHOWN FOR CLARITY
(SEE PF1 & PF2)
#5 HORZ. TIES AT 6" O.C.,
TERMINATE EA. END W/ 4" LONG 135° SEISMIC
HOOK AROUND ALTERNATING VERTS.

OVERLAY THE ENDS BY 6" MIN.
1" CHAMFER
#4 STIRRUPS AT 18"
O.C. TYP. ALL (4) SIDES
3"
(16) #10 VERTS. W/ 24" HOOKS,

EQUALLY SPACED RADICALLY
3"

C
L
R
.

OPTIONAL CONSTRUCTION
JOINT

MAT TOP & BOTTOM
(12) #10 EACH WAY
(3" EDGE CLEAR TYP.)

LOWER ANCHOR BOLT TEMPLATE
PER DETAIL5 SHEET PF3
TIES AT 3" O.C.
@ BOTTOM 30"
22 T-1

PROJECT INFORMATION
PSW
AAS

REV DATE DESCRIPTION BY
A 5-28-25 PRELIMINARY PSW
0 6-11-25 FINAL PSW

SHEET TITLE
CHECKED BY:

DRAWN BY:

DESIGNED BY:

SHEET NUMBER
MANUFACTURER:
1501 S. EUCLID AVE. TUCSON, AZ 85713
PHONE: (520) 294-3900
FAX: (520) 741-3488

CONTACT INFORMATION

SHEET INDEX
T-1 PROJECT INFORMATION
GN-1 NOTES & SPECIFICATIONS
S-1 ELEVATION
S-2.0 BASEPLATE & TOP CAP DETAILS
S-2.1 PORT DETAILS
S-3 FOUNDATION

PROJECT DATA
JSL

ALTHOUGH RARE, VIBRATIONS SEVERE ENOUGH TO CAUSE DAMAGE CAN OCCASIONALLY OCCUR IN STRUCTURES OF ALL TYPES.

BECAUSE THEY ARE INFLUENCED BY MANY INTERACTING
VARIABLES, VIBRATIONS ARE GENERALLY UNPREDICTABLE. THE

USER'S MAINTENANCE PROGRAM SHOULD INCLUDE OBSERVATION

FOR EXCESSIVE VIBRATION AND EXAMINATION FOR ANY
STRUCTURAL DAMAGE OR BOLT LOOSENING. THE VALMONT

WARRANTY SPECIFICALLY EXCLUDES FATIGUE FAILURE OR SIMILAR

PHENOMENA RESULTING FROM INDUCED VIBRATION, HARMONIC

OSCILLATION OR RESONANCE ASSOCIATED WITH MOVEMENT OF
AIR CURRENTS AROUND THE PRODUCT.
75'-0" TALL (TOP OF STEEL)
81'-0" TALL (TOP OF STRUCTURE/DATE PALM FRONDS)

MONOPALM
23 GN-1

NOTES &

SPECIFICATIONS
AAS
JSL
PSW

SHEET TITLE
CHECKED BY:

DRAWN BY:

DESIGNED BY:

SHEET NUMBER
MANUFACTURER:
1501 S. EUCLID AVE. TUCSON, AZ 85713
PHONE: (520) 294-3900
FAX: (520) 741-3488
NOTES & SPECIFICATIONS 1

REV DATE DESCRIPTION BY
A 5-28-25 PRELIMINARY PSW
0 6-11-25 FINAL PSW
GENERAL DESIGN NOTES:

STRUCTURAL DESIGN IS BASED ON THE 2022 CALIFORNIA
BUILDING CODE AND THE TIA-222-H STANDARD
DESIGN LOADS:

WIND: WIND SPEED = 96 MPH (3-SEC GUST) PER THE ASCE 7-16

STANDARD
RISK CATEGORY / STRUCTURE CLASS: II
EXPOSURE: C
TOPOGRAPHIC CATEGORY: 1
CREST HEIGHT: 0 FT
ELEVATION: 1468.7 FT ABOVE SEA LEVEL
ICE: NONE PER THE TIA-222-H STANDARD
SEISMIC:

IMPORTANCE FACTOR: 1.00
RISK CATEGORY / STRUCTURE CLASS: II
MAPPED SPECTRAL RESPONSE ACCELERATIONS:

SS = 1.392g, S1 = 0.515g
SITE CLASS: C
SPECTRAL RESPONSE COEFFICIENTS:

SDS = 1.114g, SD1 = 0.510g
SEISMIC DESIGN CATEGORY: D
BASIC SEISMIC-FORCE-RESISTING-SYSTEM:

TELECOMMUNICATION TOWER: STEEL POLE
SEISMIC RESPONSE COEFFICIENT, Cs: 0.201
SEISMIC BASE SHEAR, Vs: 2.901 K
RESPONSE MODIFICATION FACTOR, R: 1.5
ANALYSIS PROCEDURE: EQUIVALENT LATERAL FORCE
STRUCTURAL STEEL:

1. POLYGONAL MONOPOLE SHAFT STEEL SHALL CONFORM w/
ASTM A572 GR. 65, U.N.O.

2. STEEL FOR BASEPLATES UP TO 2" THICK SHALL CONFORM
W/ ASTM A572 GR. 55. STEEL FOR BASEPLATES OVER 2"
THICK SHALL CONFORM W/ ASTM A572 GR. 50.

3. ALL STEEL PIPE SHALL CONFORM w/ ASTM A53 GR. B (35
KSI), U.N.O.

4. ALL STEEL RECTANGULAR TUBES (HSS) SHALL CONFORM
w/ ASTM A500 GR. B (46 KSI), U.N.O.

5. REINFORCED PORT STEEL SHALL CONFORM w/ ASTM A572
GR. 65, U.N.O.

6. ALL OTHER STEEL SHAPES & PLATES SHALL CONFORM w/
ASTM A36, U.N.O.

7. ALL BOLTS FOR STEEL-TO-STEEL CONNECTIONS SHALL
CONFORM w/ ASTM F3125 GR. A325, U.N.O.

8. ALL ANCHOR BOLTS SHALL CONFORM w/ ASTM A615 GR. 75,
U.N.O.

9. ALL WELDING SHALL BE PERFORMED BY CERTIFIED
WELDERS IN ACCORDANCE w/ THE LATEST VERSION OF THE
AMERICAN WELDING SOCIETY AWS D1.1. STEEL WELDS
SHALL BE BY E70XX LOW HYDROGEN ELECTRODES, U.N.O.

10. ALL STEEL SURFACES SHALL BE GALVANIZED IN
ACCORDANCE w/ ASTM A123 AND ASTM F2329 STANDARDS.

11. ALL BOLTED CONNECTIONS SHALL BE TIGHTENED PER THE
"TURN-OF-NUT" METHOD AS DEFINED BY AISC.

BASE DESIGN REACTIONS:

MOMENT, M = 1094 K-FT (1.0 WIND)
SHEAR, V = 17 K (1.0 WIND)
AXIAL, P = 17 K (1.2 DEAD)
SPECIAL INSPECTIONS:

1. STEEL FABRICATION SHALL BE DONE ON THE PREMISES OF A

FABRICATOR REGISTERED AND APPROVED AS REQUIRED BY THE

BUILDING OFFICIAL TO PERFORM SUCH WORK WITHOUT SPECIAL
INSPECTION. ALTERNATIVELY, SPECIAL INSPECTION OF MATERIALS,

WELDING, AND FABRICATION PROCEDURES SHALL BE REQUIRED FOR FABRICATION BY AN UNAPPROVED FABRICATOR.

2. NO FIELD WELDING SHALL BE PERMITTED

3. THE FOLLOWING SPECIAL INSPECTIONS SHALL BE REQUIRED PER CHAPTER 17 OF THE BUILDING CODE:
·PERIODIC SPECIAL INSPECTION OF HIGH-STRENGTH BOLTING (WHEN

APPLICABLE)
·PERIODIC SPECIAL INSPECTION OF PLACEMENT OF REINFORCING STEEL ·CONTINUOUS SPECIAL INSPECTION OF ANCHOR BOLTS PRIOR TO AND

DURING CONCRETE PLACEMENT
·CONTINUOUS SPECIAL INSPECTION OF CONCRETE PLACEMENT
·CONTINUOUS SPECIAL INSPECTION OF DRILLING OPERATIONS FOR PIER

FOUNDATIONS
·CONTINUOUS SPECIAL INSPECTION TO VERIFY LOCATION, PLUMBNESS,

DIAMETER, AND LENGTH OF PIER FOUNDATIONS

4. SPECIAL INSPECTION IS NOT REQUIRED FOR WORK OF A MINOR NATURE

OR AS WARRANTED BY CONDITIONS IN THE JURISDICTION AS APPROVED BY THE BUILDING OFFICIAL. THUS, SPECIAL INSPECTION ITEMS ABOVE MAY BE WAIVED AS DEEMED APPROPRIATE BY THE BUILDING OFFICIAL.

STRUCTURAL OBSERVATION:

NO STRUCTURAL OBSERVATION IS REQUIRED.

DISCLAIMERS:

1. ALL STRUCTURAL COMPONENTS TO BE CONNECTED TOGETHER SHALL

BE COMPLETELY FIT UP ON THE GROUND OR OTHERWISE VERIFIED FOR COMPATIBILITY PRIOR TO LIFTING ANY COMPONENT INTO PLACE.

REPAIRS REQUIRED DUE TO FIT-UP OR CONNECTION COMPATIBILITY

PROBLEMS AFTER PARTIAL ERECTION ARE THE FINANCIAL
RESPONSIBILITY OF THE CONTRACTOR.

2. WHERE EFFECTIVE PROJECTED AREAS (EPA) ARE USED, IT IS THE

RESPONSIBILITY OF OTHERS TO VERIFY INSTALLED EQUIPMENT DOES NOT EXCEED LISTED EPA.
24 SHEET TITLE
CHECKED BY:

DRAWN BY:

DESIGNED BY:

SHEET NUMBER
MANUFACTURER:
1501 S. EUCLID AVE. TUCSON, AZ 85713
PHONE: (520) 294-3900
FAX: (520) 741-3488
S-1

ELEVATION
AAS
PSW
JSL
SCALE:

NTS
SCALE:

NTSAPPURTENANCES 1
POLE SECTIONS 2
ELEVATIONS 4
PORTS (TYP.)

BASE PLATE

FOUNDATION
2 S-2.1
1 S-2.0
4 S-3
FINISH INSTRUCTION: FAUX
BARK TO 70'-0" A.G.L., PAINT
ABOVE

CENTERLINE OF ANTENNAS
ELEVATION 71'-0" A.G.L.

TOP OF STEEL
ELEVATION 75'-0" A.G.L.

CENTERLINE OF PORT
ELEVATION 3'-0" A.G.L.

FINISHED GRADE
ELEVATION 0'-0"

FINISHED GRADE
ELEVATION 0'-0"
SCALE:

NTS

CENTERLINE OF PORT
ELEVATION 68'-0" A.G.L.

SCALE:

NTS
POLE SPLICE DETAILS 3

REV DATE DESCRIPTION BY
A 5-28-25 PRELIMINARY PSW
0 6-11-25 FINAL PSW

DESIGN LOADING

ELEVATION QTY APPURTENANCE
66'-0" TO 81'-0"65 7' TO 10' DATE PALM FRONDS
71'-0"N/A 225 SQ. FT./3,375 LBS EPA
61'-0"N/A 175 SQ. FT./2,625 LBS EPA
NOTES:

1. SECTION WEIGHT INCLUDES PORTS, LOWEST SECTION WEIGHT INCLUDES BASEPLATE WEIGHT.

2. DESIGN TAPER = 0.1149 in/ft.

3. WEIGHTS LISTED IN THIS CHART ARE RAW STEEL WEIGHTS. FINAL WEIGHTS MAY BE UP TO 22% GREATER DUE TO GALVANIZING AND OTHER MISCELLANEOUS ITEMS.

4. DIAMETER OF POLE SECTIONS AT LAP SPLICES MAY BE ADJUSTED BY UP TO TO 0.06" TO ACCOUNT FOR THE THICKNESS OF THE COATINGS.
118
17 16
15 14
13 12
11 10 9
8 7
6 5
4 3
2 Ø

UPPER POLE

SECTION

LOWER POLE

SECTION

TOP OF LOWER POLE SECTION
NOTES:

1. SLIP SPLICE MINIMUM LENGTH EQUALS 1.5 TIMES THE INSIDE WIDTH (FLAT TO FLAT) OF THE UPPER POLE SECTION.

2. POLE MANUFACTURER TO PROVIDE PROVISIONS FOR JACKING FORCES TO BE APPLIED AT SPLICES.

3. SPLICES SHALL BE JACKED TOGETHER TO OBTAIN A TIGHT EVEN JOINT REGARDLESS OF THE SPLICE LENGTH OBTAINED DURING INITIAL FIT UP.

4. JACKING FORCES SHALL BE INCREASED UNTIL NO ADDITIONAL MOVEMENT OCCURS.

S
L
I
P

S
P
L
I
C
E
LE
N
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BOTTOM OF UPPER POLE SECTION
NOTE: DATE PALM FRONDS, ANTENNAS, RADIOS AND

CORRESPONDING EQUIPMENT ARE DESIGNED BY OTHERS AND

SHOWN FOR ILLUSTRATIVE PURPOSES AND STRUCTURAL
COMPLIANCE FOR LOADS IMPOSED TO BASE METAL.

MONOPOLE SECTION CHART
SECTION LENGTH TOP Ø BOTTOM Ø THICKNESS SLIP SPLICE

LENGTH WEIGHT
1 30.00' 20.0000" 26.8919" 0.2500" 4.5'2004 LBS
2 30.00' 25.3581" 32.2500" 0.2500" 5.5'2313 LBS
3 24.00' 30.4865" 36.0000" 0.28125"--- 3402 LBS

TOP CAP
DETAIL

APPURTENANCE

LOADING
1 S-1
3 S-2.0
(2
0 )

7 '
-
0 "

F
R
O
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D
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(2
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9 '
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(2
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(65) 7' TO 10' DATE

PALM FRONDS DATE

PALM FRONDS
1 S-2.1 PALM FROND

ATTACHMENT
DETAIL

CENTERLINE OF ANTENNAS
ELEVATION 61'-0" A.G.L.

CENTERLINE OF PORT
ELEVATION 59'-0" A.G.L.

SECTION 1 OF
POLE
2 S-1

POLE SPLICE
DETAIL (TYP.)
3 S-1
SECTION 2 OF
POLE
2 S-1
SECTION 3 OF
POLE
2 S-1
25 SHEET TITLE
CHECKED BY:

DRAWN BY:

DESIGNED BY:

SHEET NUMBER
MANUFACTURER:
1501 S. EUCLID AVE. TUCSON, AZ 85713
PHONE: (520) 294-3900
FAX: (520) 741-3488
S-2.0

BASEPLATE & TOP CAP

DETAILS
PSW
AAS
SCALE:

NTS
SCALE:

NTS
SCALE:

NTSBASEPLATE DETAIL 1 TOP CAP DETAIL 3ANCHOR BOLT TEMPLATE DETAIL 2 1" V-NOTCH IN

ANCHOR BOLT

TEMPLATE
R 1
2 " ORIEN
T
A
T
I
O
N

T
A
B
0°
90°
180°
270°
0°
90°
180°
270°
POLE
SHAFT

2.5" THK x 49"Ø

BASEPLATE
[10] Ø2.625" BOLT
HOLES
Ø43" B.C.

Ø25" I.D.
(2) 1"Ø ZINC DRAINS
ON A 32.9" CIRCLE
Ø43" B.C.
49" O.D. ANCHOR

BOLT TEMPLATE
SCALE:

NTS
JSL
NOT USED 4
Ø37" I.D.
(10) Ø2.375" HOLES

REV DATE DESCRIPTION BY
A 5-28-25 PRELIMINARY PSW
0 6-11-25 FINAL PSW

1/4x1/2
1/4x1/2
CJP, E80XX

BACK GOUGE

FOR REINFORCING FILLET-WELDS,

SHORTER WELD LEG TO BE ON

BASEPLATE, LONGER LEG ON

POLE WALL

TEMPLATE THICKNESS
LOCATION MIN. THICKNESS
TOP 3
8"
BOTTOM 3
8"
3/8" THICK TOP
CAP, O.D. = d+1"
3/16
TYP.

BOTTOM

OF CAP TO
POLE
SHAFT

ZINC DRAIN,
TYP.

POLE
SHAFT
Ø
7 8"
d
26 S-2.1

PORT DETAILS
AAS
PSW

SHEET TITLE
CHECKED BY:

DRAWN BY:

DESIGNED BY:

SHEET NUMBER
MANUFACTURER:
1501 S. EUCLID AVE. TUCSON, AZ 85713
PHONE: (520) 294-3900
FAX: (520) 741-3488
SCALE:

NTS
SCALE:

NTSFROND RECEIVER DETAIL 1 PORT DETAIL 2
JSL
NOTE: FOR POLE SHAFT
THICKNESS, t, SEE DTL 2/S1

T PER PORT

SCHEDULE
B

PER PORT

SCHEDULE
D
P
E
R

P
O
R
T
SC
H
E
D
U
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E
1/
2 "

T
Y
P
.

H PE
R
PO
R
T
SC
H
E
D
U
L
E

ELEVATION

SECTION
t
45°
0 t+1/16
C.L. OF PORT PER

PORT SCHEDULE
t
POLE
SHAFT
E80

REV DATE DESCRIPTION BY
A 5-28-25 PRELIMINARY PSW
0 6-11-25 FINAL PSW

NOTE: Tp = THICKNESS OF POLE
WEEP HOLE - 1/4" DRILL

THRU BOTTOM FACE OF

TUBE AS CLOSE TO

WELD AS PRACTICAL
Tp

POLE TOP PLATE

MONOPOLE
1'-
8 -
1 4"
5/16" DRILL THRU FOR
1/4" BOLT

DATE FROND

REMOVE ALL BURRS

FROM TUBE OPENINGS
STEEL TUBING - 1-1/4"
SQ. X 3/16" WALL X 15"
LG. A500-46

PORT SCHEDULE
C.L. ELEVATION PORT SIZE (B x H)D T QTY AZIMUTHS
68'-0"6"x18"2.72"0.47"3 0°/120°/240°
59'-0"6"x18"2.72"0.47"3 0°/120°/240°
3'-0"9"x24"3.62" 1.00"2 0°/180°
27 S-3
AAS

FOUNDATION
PSW

SHEET TITLE
CHECKED BY:

DRAWN BY:

DESIGNED BY:

SHEET NUMBER
MANUFACTURER:
1501 S. EUCLID AVE. TUCSON, AZ 85713
PHONE: (520) 294-3900
FAX: (520) 741-3488
6"

POLE SHAFT AND

BASE PLATE
TOP OF

CONCRETE

PIER OR

PEDESTAL

FINISHED
GRADE
2 x

A
N
C
H
O
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BO
L
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D
I
A
M
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(M
A
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)
SCALE:

NTS
SCALE:

NTS
SCALE:

NTS
FOUNDATION NOTES 1
BASE DETAIL 2
FOUNDATION DETAIL 4
JSL
SCALE:

NTS
HOOKED TIE DETAIL 3

REV DATE DESCRIPTION BY
A 5-28-25 PRELIMINARY PSW
0 6-11-25 FINAL PSW

3"
CO
N
C
R
E
T
E
CO
V
E
R
(24) #9 VERTICALS,

EQUALLY SPACED
6'-0" Ø

ANCHOR BOLT TEMPLATE

W/ HEAVY HEX NUTS (T&B)
TOWER
(10) 2.25" Ø x 7'-0" LONG
ANCHOR BOLTS12
"
A.

B
.

P
R
O
J
.
4" CONCRETE
COVER
2 S-2.0
4 S-1
6'-
6 "

H
O
O
K
E
D

T
I
E
S

P
E
R

3 /
S
-
4 @

6 "
SEE 1/S2.0 FOR BASE

PLATE DIMENSIONS

LAP TIE DETAILA
3 S-3
A
LA
P

T
I
E
S

O
R

H
O
O
K
E
D

T
I
E
S

(
A
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C
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A
C
T
O
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S

O
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I
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)
2"
CO
N
C
R
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T
E
CO
V
E
R
(5) #5 TIES @3"
18 '
-
0 "
#5 TIES @ 8" O.C.

LAP TIES
30" - TYP.
6"

ANCHOR BOLT

DOUBLE HEAVY

HEX NUT
FLAT WASHER (TYP.)

CHAMFER OR

TROWEL EDGE
FORM

CONCRETE

ABOVE GRADE

HEAVY HEX

LEVELING NUT
4" CONCRETE
COVER

VERTICALS, SPACED EVENLY
PROVIDE 90°x4"

HOOK AROUND
VERTICAL BARS.

STAGGER HOOK

LOCATION AROUND

PIER WITH A
NOMINAL 180°

SEPARATION
AROUND PIER.

LA
P

T
I
E
S

6 "

M
I
N
.

GENERAL DESIGN NOTES:

1. FOUNDATION DESIGN IS BASED UPON THE 2022 CALIFORNIA BUILDING CODE.

DESIGN LOADS:

1. THIS FOUNDATION IS DESIGNED TO SUPPORT THE 75'-0" TALL, MONOPALM TOWER DESIGNED BY PINNACLE CONSULTING, INC. (JOB NO. 632232).

2. FACTORED BASE REACTIONS PROVIDED BY TOWER DRAWINGS ARE:
a. MOMENT = 1094 FT-KIPS (1.0 WIND)
b. SHEAR = 17 KIPS (1.0 WIND)
c. AXIAL = 17 KIPS (1.2 DEAD)
FOUNDATION NOTES:

1. FOUNDATION IS DESIGNED IN ACCORDANCE WITH RECOMMENDATIONS PROVIDED IN GEOTECHNICAL ENGINEERING REPORT NO.

GEO25-25051-08 BY DELTA OAKS GROUP DATED MARCH 27, 2025.  REFER TO REPORT FOR ADDITIONAL INFORMATION.

MATERIAL NOTES:

1. ANCHOR BOLTS:  ASTM A615, GRADE 75
STEEL PLATE (TEMPLATES):  ASTM A36 (OR BETTER) UNLESS NOTED OTHERWISE

2. CONCRETE:
a. 28 DAY COMPRESSIVE STRENGTH (f'c) OF 4000 PSI
b. TYPE II PORTLAND CEMENT
c. 3/4" MAXIMUM AGGREGATE SIZE

3. REINFORCING STEEL:  ASTM A615, GRADE 60
FOUNDATION SPECIAL INSPECTIONS:

1. SPECIAL INSPECTIONS ARE REQUIRED PER IBC CHAPTER 17 FOR THE FOLLOWING ITEMS:
a. PERIODIC INSPECTION OF REINFORCING STEEL TO VERIFY SIZE AND PLACEMENT. b. PERIODIC INSPECTION OF ANCHOR BOLTS TO VERIFY SIZE AND PLACEMENT. c. CONTINUOUS INSPECTION OF CONCRETE PLACEMENT TO VERIFY PROPER PLACEMENT TECHNIQUES. d. CONTINUOUS SPECIAL INSPECTION OF DRILLING OPERATIONS FOR DRILLED PIER FOUNDATIONS e. CONTINUOUS SPECIAL INSPECTION TO VERIFY LOCATION, PLUMBNESS, DIAMETER, AND LENGTH OF PIER FOUNDATIONS.

GENERAL CONSTRUCTION NOTES:

1. CONCRETE CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST REVISION OF ACI 301, "SPECIFICATIONS FOR STRUCTURAL CONCRETE" AND WITH THE LATEST REVISION OF ACI-318, "BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE". 28 City Council Staff Report

July 16, 2026, Regular City Council Meeting Minutes

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5C.

Presented To Presented By
Mayor and City Council Kristie Ramos, City Clerk

RECOMMENDED ACTION
Approve the July 16, 2026, Regular City Council Meeting Minutes as presented.

Attachments
Attachment 1 - Draft 07/16/2026 Regular City Council Meeting Minutes 29 



 













 
 




 







 













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Date Approved by City Council:
34 City Council Staff Report

Final Acceptance of Improvements for Tract Map No. 33329 (Via Josefina)

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5D.

Presented To Presented By
Mayor and City Council Jeff Benson, Management Analyst

RECOMMENDED ACTION
Accept the private improvements for Tract Map No. 33329 as completed and authorize the filing of the Notice of Completion with the County Recorder’s Office.

DISCUSSION
Tract Map No. 33329 (Via Josefina) subdivided a 4.77-acre parcel into nine residential lots. The subdivision is located on the east side of Via Josefina, approximately 500 feet north of Ginger Rogers Road, as shown on the attached vicinity map.

The developer has completed the necessary on-site and off-site improvements in accordance with the plans and specifications and the requirements of the Tentative Map. The improvements are now ready for acceptance by the City. It is recommended that the City Council accept the private and public improvements as complete and authorize staff to file the Notice of Completion.

Attachments
Attachment 1 - Vicinity Map
Attachment 2 - Notice of Completion
35 ATTACHMENT 1
36 Recording requested by and
when recorded mail to:

City Clerk
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
No fee

NOTICE OF COMPLETION
Notice is hereby given that the following subdivision’s private improvements have been accepted as complete by the City of Rancho Mirage on September 3, 2026.

Description of Work:

Tract Map No. 33329 (Via Josefina)
Owner/Developer: Nature of Interest:
33329 Josefina, LLC In Fee
25385 Prado De Las Fresas
Calabasas, CA 91302
Pursuant to Section 16.20.090 of the Rancho Mirage Municipal Code, the labor and material security (payment bond) shall be retained in full value for six months from the date of this acceptance.

This Notice of Completion is executed under authority of a directive from the City of Rancho Mirage.

I, Stephan M. Longoria, declare under penalty of perjury that I am the City Engineer of the City of Rancho Mirage, that I am familiar with the facts stated in the foregoing Notice of Completion executed for and on its behalf, and that I have read the foregoing Notice of Completion and know the contents thereof to be true.

DATED: September 3, 2026
Stephan M. Longoria, P.E.

City Engineer
City of Rancho Mirage
State of California
County of Riverside
On September 3, 2026, before me, Cynthia Marie Stoddard, Notary Public, personally appeared Stephan M. Longoria, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATTACHMENT 2
37 City Council Staff Report

Approval of Final Tract Map No. 38492 (Vista Del Sol)

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5E.

Presented To Presented By
Mayor and City Council Jeff Benson, Management Analyst

RECOMMENDED ACTION
Approve Final Parcel Map No. 38492 and authorize the City Manager and/or his designee to execute the Subdivision Improvement Agreement prior to issuance of grading permit.

DISCUSSION
Parcel Map No. 38492 proposes to subdivide 5.05 acres into four single-family residential lots, a private cul-de-sac street, and landscaped parkways. The project site is located on the west side of Vista Del Sol, approximately 2,000 feet south of Frank Sinatra Drive.

The Final Map is consistent with the Conditions of Approval and has been checked for accuracy, and it is recommended that Final Parcel Map No. 38492 be approved. Attached is a Vicinity Map that shows the parcel location as described.

Staff recommends that the City Council approve Final Parcel Map No. 38492 and authorize the recordation of the map.

Attachments
Attachment 1 - Parcel Map
Attachment 2 - Vicinity Map
Attachment 3 - Draft Subdivision Improvement Agreement
38 OWNERS STATEMENT
I HEREBY STATE THAT I AM THE OWNER OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT I AM THE ONLY PERSON WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENTTO THE MAKING AND RECORDING OF THIS SUBDIVISION PARCEL MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

IN THE CITY OF RANCHO MIRAGE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38492 BEING A SUBDIVISION OF GOVERNMENT LOT 21 OF
SE CTION 6, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BAS£ AND MERIDIAN I HEREBY DEDICATE TO THE CITY OF RANCHO MIRAGE OVER, UNDER, AND THROUGH LOT "D", AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES. FE/RO ENGINEERING, INC. MAY, 2025 I HEREBY DEDICATE TO THE CITY OF RANCHO MIRAGE AN EASEMENT FOR PUBLIC UTILIT Y PURPOSES AND EMERGENCY INGRESS-EGRESS PURPOSES OVER LOT "A" I HEREBY RETAIN FOR LANDSCAPE PURPOSES LOTS "8" AND "c".

I HEREBY DEDICATE TO THE CITY OF RANCHO MIRAGE AN EASEMENT DESIGNATED AS "10' P.U.E. FOR PUBLIC UTILITY PURPOSES.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: DOMESTIC WATER AND SANITATION EASEMENT OVER LOT "A", SHOWN AS A PRIVATE STREET, AND THOSE EASEMENTS SHOWN AS "10' PUE". THE DEDICATION IS FOR DOMESTIC WATER AND SANITATION PURPOSES IN FAVOR OF COACHELLA VALLEYWATER DISTRICT. THE EASEMENTS SO DEDICATED SHALL INCLUDE THE R IGHT TO ENTER UPON SAID LANDS TO SURVEY, CONSTRUCT, RECONSTRUCT, LAY. RELAY, MAINTAIN, OPERATE, CONTROL, USE AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING WITH THE CONSTRUCTION, OPERATION ANDMAINTENANCE THEREOF. COACHELLA VALLEY WATER DISTRICT WILL NOT BE R ESPONSIBLE FOR ANY IMPROVEMENTS WITHIN SAID EASEMENT(S) IN THE EVENT THAT OPERATION AND MAINTENANCE ACTIVITIES RES ULT IN DAMAGE OF REMOVAL OF SAID IMPROVEMENTS.

OWNER : Coachella Valley -.Community Development Group Inc., A California corporation ( � • DATED Ac,,.;( d , 2026
Stefan V�,.President '

NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONL Y THE IDENTIT Y OF THEINDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTH­FULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF l{ivo-st,a:L,
fW.8.� �, 1P1<:£ BEFORE ME.::[��---• A NOTARY PUBLIC, PERSONALLY APPEARED :)±�.hU,,l_�--AND ______ -:-WHO i'ROVED TO ME ON THE BASIS OF SATISFACTOR Y EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME IN HIS/HER AUTHORIZED CAPACITY, AND THAT BY HIS/HER SIGNATURE ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPHIS TRUE AND CORRECT.

WITNESS MY HAND MY COMMISSION EXPIRES \ \ •1 • 1ot4,
�Nk-/4/(
SIGNATURE OMISSIONS:
1�•Jtary Publk -California RivPrside Co�nty Commission# 2425580 � _ •Co:m}x:•:_:ov 7. 20� I
PURSUANT TO SECTION 664 36, OF THE SUBDIVISION MAP ACT, THE SIGNATUR E(S) OF THE FOLLOWING OWNER(S) OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTEREST CANNOT RIPEN INTO FEE.

RIGHTS, RIGHT OF WAY, RESERVATION AND EXCEPTIONS IN THE PATENT. RECORDED 12-2 3-1959, IN BOOK 2605 PAGE 110

EASEMENT TO CALIFORNIA ELECTRIC POWER COMPANY FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED 3-4-1960, IN INSTRUMENT NO. 1960-19999, O.R.

JOB NO. 325C-001

SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A FIELD SURVEY IN CONFO RMANCE WITHTHE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF COACHELLA VALLEY COMMUNITY GROUP INC. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFO RMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE PARCEL MAP. THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP, AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SUR VE Y TO BE RETRACED. THE SURVE Y IS TRUE AND COMPLETE AS SHOWN.

DATED --------'-F=EB=R=UA.;.;.;R..:....Y...c.3 __ , 2026 JAM75.FtiRO L.S. 4075

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP 38492, CONSISTING OF 2 SHEETS; THAT THE SUBDIVISION SHOWN THEREON JS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT All PROVISIONS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. s CITY EER CITY OF RANCHO MIRAGE
, 2026
R.C.£. 74782

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL NO. 38 380 CONSISTING OF TWO (2) SHEETS AND IAM SATISFIED SAID MAP IS TECHNICALLY CORRECT.

DATED: ltpr;} 3D , 2026
c /l!'-_Y S. FAHRION L.S. 8207ACTING CITY SURVEYOR CITY OF RANCHO MIRAGE SHEET 1 OF 2 SHEETS RECO RDER'S STATEMENT:

FILED THIS __ DAY OF _____ , 2026 AT
__ M. IN BOOK OF PARCEL MAPS, AT
PAGES _____ AT THE REQUEST OF THE CITY
CLERK OF THE CITY OF RANCHO MIRAGE, CALIFORNIA.

NO. _____ _
FEE ______ _

PETER ALDANA

COUNTY RECORDER-ASSESSOR-CLERK
BY: ________ DEPUTY
SUBDIVISION GUARANTEE BY: ORANGE COAST TITLE COMPANY OF SOUTHERN CALIFORNIA

TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FO R UNPAID STAT£, COUNTY, MUNICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE$______ THIS CERTIFICATIONEXCLUDES ANY SUPPLEMENTAL TAX ASSESSMENTS NOT YET EXTENDED.

DATED ______ _, 2026

MATTHEW JENNINGS, COUNTY TAX COLLECTOR
BY: ________ , DEPUTY

TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ ________ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED U PON THE PAYMENTOF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. THIS CERT/FICA TION EXCLUDES ANY SUPPLEMENTAL TAX ASSESSMENTS NOT YET EXTENDED.

DATED : _____ ,2026

CASH OF SURETY TAX BONDMATTHEW JENNINGS COUNTY TAX COLLECTOR BY: _______ , DEPUTY

CERTIFICATE OF ACCEPTANCE
I HEREBY CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY R ESOLUTION NO. 2015-2 3, DATED FEBRUARY 10, 2015, THAT I ACCEPT ON BEHAL OF COACHELLA VALLEY WATER DISTRICT THEDEDICATION OF EASEMENTS FOR DOMESTIC WATER AND S OJES AS OFFERED HEREON.

DATED 4--�0t • tfJ'U,,, 2026 BY: 050Co 0(9 --l-03i GENE AL 1AGER COACHELLA VALLEY WATER DISTRICT CITY CLERK 1 S STATEMENT
I.KRISTIE RAMOS, CITY CLERK AND EX-OFFICIO CLERK OF THE CIT Y COUNCIL OF THE CITY OFRANCHO MIRAGE, CALIFORNIA, HEREBY CERTIFY THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE DAY OF _____ 2025, DULY APPR OVED THE MAP OF PARCEL MAP NO. 38492 AND ACCEPTED ON BEHALF OF THE PUBLIC THE DEDICATION OF LOTS "A" FO R PRIVATE STREET AND PUBLIC UTILITY PURPOSES, LOT "B" & "c" FOR LANDSCAPE PURPOSES, AND EASEMENTS DESIGNATED AS "P.U.E." (PUBLIC UTILITY EASEMENTS).

DATED: ______ , 2026

KRISTIE RAMOS CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL CITY OF RANCHO MIRAGE ATTACHMENT 1
39 40

ATTACHMENT 2
41 SUBDIVISION IMPROVEMENT AGREEMENT
(Parcel Map 38492)
This agreement ( “ A g r e e m e n t ” ) is made and entered into as of September 3, 2026, by and between the CITY OF RANCHO MIRAGE, a municipal corporation ("CITY") and Coachella Valley Community Development Group LLC (“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 development, all 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: Feiro Engineering, Inc., are identified as:

Parcel Map 38492 (Title as appears on plans).

C. The following are attached hereto and made a part hereof: Schedule A, Schedule B, 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 liability 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 shall not commence or continue to perform any work unless DEVELOPER has in full force and effect all insurance required 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 work is accepted by CITY and provide for coverage of all causes of action or disputes ATTACHMENT 3
42 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 B. Automobile Liability

1. Comprehensive Form 1. Comprehensive Form, Including:

2. Premises-Operations Loading and Unloading

3. Explosion and Collapse Hazard 2. Owned

4. Underground Hazard 3. Hired

5. Products/Operations Competed

6. Contractual Insurance

7. Broad Form Property Damage
Including Completed Operations

8. Independent Contractors

9. Personal Injury

43 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 44 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 full force and effect and that the premiums therefor have been paid for a period satisfactory 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 perjury 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 DEVELOPER 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 injury 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 45 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, 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 designed by their 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 improvements 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 allowed except on approval of City Attorney.

To be acceptable, surety companies must be authorized to do business in, and have an agent for, service of process in California, be on the accredited list of the United States Treasury 46

Department, and/or have an "A" policyholder's rating and a financial 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 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, attorneys' 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. 47 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, such 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, 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 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 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 an 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) nor the amount of such claim or judgment. 48 In the event of a failure to commence with the compliance of above-mentioned conditions in this Section 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.

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 take any steps in relation to the work which would cause DEVELOPER to be in breach of this Agreement. To that end, DEVELOPER shall bind every subcontractor to be bound by the terms of this 49

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, an 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 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 lands to be served shall continue to the extent of any acceptance, subject to CITY'S right to offset any sums due the CITY. 50 The foregoing provisions are in addition to and 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.

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 will 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.

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51 CITY OF RANCHO MIRAGE

SUBDIVISION IMPROVEMENT AGREEMENT SIGNATURE REQUIREMENTS

(Limited Partnership / General Partnership / Corporation)

1. WHERE PRINCIPAL IS A LIMITED PARTNERSHIP

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 A 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 LLC’s articles of organization and operating agreement.52

By:
(Authorized Representative of CITY)
Lynn Mallotto, Mayor
By:

By:

Approved as to form:

Address:

By:

Colin D. Kirkpatrick, City Attorney

ATTEST:
______________________________________

Telephone No.

By:

By:

Kristie Ramos, City Clerk Address:

______________________________________

Telephone:

(SEAL IF CORPORATION)
By:

Address:

______________________________________

Telephone No.

(SIGNATURES MUST BE NOTARIZED)

(Seal: Partnership/Corporation)

DEVELOPER:__________________________

53

SCHEDULE A

STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS

This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and DEVELOPER for the above-referenced property. The following numbers correspond to the paragraph numbers of the agreement:

1. Completion Date: [TO BE INSERTED – 2 YEARS FROM COUNCIL APPROVAL]

2. General Liability
$2,000,000 Each Occurrence (Includes Bodily Injury and Property Damage)
$1,000 Medical Expense
$1,000,000 Personal & Advertising Injury
$2,000,000 General Aggregate
$2,000,000 Products-Completed/Operations Aggregate

Automobile Liability
Combined Single Limit $1,000,000 each accident

Workers Compensation Statutory

3. Approved Security Amounts:
(To be posted prior to acceptance of improvements)
Grading Bond (Total Security minus Cash Deposit) $ 456,629.00 Performance – Onsite/Offsite (100%) $ 546,612.00
Payment – Onsite/Offsite (50%) $ 273,306.00

4. Bond Substitute Acceptable: Yes No

5. Deposit/Fee Amount See attachment to this schedule

6. Warranty/Performance (15%)
Security Amount: ............................................. $ 81,991.00 (To be in place at acceptance of work)

7. Contractor(s):

CLASS A
Name and Address License No. Phase of Work

8. Reimbursement: $N/A
(If an amount is specified, see separate
schedule.)

( ) Initials of CITY REPRESENTATIVE ( ) Initials of DEVELOPER or ( ) DEVELOPER REPRESENTATIVE

DEVELOPER Date
54

ATTACHMENT TO SCHEDULE A

OF STANDARD AGREEMENT FOR CONSTRUCTION

OF PUBLIC IMPROVEMENTS

Applicable fees/deposits payable by DEVELOPER prior to or concurrent with this agreement are as follows:

FEES NONREFUNDABLE

Plan Check Fee
(Final Map, Grading Plan, Street Improvement Plan,
Drainage Study)

$ 8,945.00

Inspection Fees
(Grading, Onsite/Offsite Improvements, Storm Drain)
$ 12,352.95

Parkland Fees $ 1,645.80

Permit Fees $ 242.00

CFD Annex Fee

$ 3,228.00

TOTAL NONREFUNDABLE FEES $ 26,413.75

FEES REFUNDABLE

Cash Grading Deposit $ 20,000.00

Dust Control Deposit $ 10,100.00

TOTAL REFUNDABLE DEPOSITS

$ 30,100.00

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 REPRESENTATIVE ( ) Initials of DEVELOPER ( ) DEVELOPER REPRESENTATIVE

DEVELOPER Date

55

ATTACHMENT TO SCHEDULE A

OF STANDARD AGREEMENT FOR CONSTRUCTION

OF PUBLIC IMPROVEMENTS

SECURITY CALCULATIONS

PM 38492 (Artemis Court)

Estimates for Bonding Purposes

Onsite/Offsite Improvements
Street Improvements (paving, pavers, catch basins,
curb and gutter, cross gutter, removal of existing
pavement) $ 241,245.00
Water and Sewer Improvements $ 157,800.00
Storm Drain Improvements $ 54,770.00
Entry Area Improvements $ 21,500.00
Subtotal $ 475,315.00
(+) 15% contingency $ 71,297.25
Total Performance Bond (Onsite Improvements) $ 546,612.00

Payment Bond = 50% of Performance Bond
Total Payment Bond (Onsite/Offsite
Improvements) $ 273,306.00

Warranty Bond = 15% of Performance Bond $ 81,991.00

Monumentation Bond $ 6,000.00

Estimate for Inspection Fees
Inspection Fees Due (Onsite/Offsite Improvements) $ 9,196.85 Storm Drain
Grading Inspection Fee (5.05 acres)
$ 1,643.10
$ 1,513.00

Total Inspection Fees $ 12,352.95

56

BOND NO.:______
BOND FEE:______

SCHEDULE B
BOND

PERFORMANCE SECURITY

SURVEY OF MONUMENTS

Map No. 38492

(California Government Code §§ 66495-66498, 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 Coachella Valley Community Development Group LLC (“Principal”), a California Limited liability company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated September 3, 2026, and identified as Subdivision Improvement Agreement Parcel Map 38492 (“Agreement”), 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 laws and ordinances. Said installation shall be completed on or before ______________ ___, 2026, or as otherwise provided by any lawful extension of time granted by the City Council.

WHEREAS, we, the Principal and ________________________________, as surety (“Surety”), are held and firmly bound unto the City, in the penal sum of Six Thousand Dollars ($6,000) 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 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 Six Thousand Dollars ($6,000) 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.

57

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]
58

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

59

BOND NO.:_______
BOND FEE:_______
BOND

PERFORMANCE SECURITY

GRADING

Map No. 38492

(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 Coachella Valley Community Development Group LLC (hereinafter "Principal"), a California limited liability company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated September 3, 2026, and identified as Subdivision Improvement Agreement Parcel Map 38492 (“Agreement”), 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 Feiro Engineering, Inc., 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 _________________, as surety (“Surety”), are held and firmly bound unto the City, in the penal sum of Four Hundred Fifty-Six Thousand Six Hundred Twenty Nine dollars ($456,629) 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 Feiro Engineering, Inc.,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 Four Hundred Fifty-Six Thousand Six Hundred Twenty Nine dollars ($456,629) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and 60

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]

61

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

62

DEPOSIT AGREEMENT

PERFORMANCE SECURITY

(CITY AS DEPOSITORY)

GRADING

(California Government Code §66499)

This Deposit Agreement (“Deposit Agreement”) is made on September 3, 2026, by and between the CITY OF RANCHO MIRAGE, a municipal corporation, hereinafter referred to as "City", and Coachella Valley Community Development Group, LLC, a California limited liability company, hereinafter referred to as “Depositor,” and the parties hereby acknowledge the following:

WHEREAS, Depositor pledges to deposit ($20,000) (“Deposited Funds”) plus a bookkeeping fee of one (1) percent of the Deposited Funds (“Bookkeeping Fee”) pursuant to Section 16.20.090 of the City of Rancho Mirage Municipal Code (“Municipal Code”), with City for the purpose of securing performance of that certain Subdivision Improvement Agreement dated September 3, 2026, between City and Depositor (“Agreement”) pursuant to Government Code Section 66499(a)(2); and

WHEREAS, said Deposited Funds are reserved for the sole purpose of guaranteeing to City the faithful performance of Depositor to insure Depositor’s performance of the grading activities in accordance with the plans and specifications prepared by Feiro Engineering, Inc., the terms and conditions set forth in the grading permit issued by the Office of the Civil Engineer of City, all the provisions of the Municipal Code and other applicable laws, and the terms described in the Agreement, all in the time and manner required in the Agreement, the grading permit, and/or the applicable provisions of the Municipal Code.

NOW THEREFORE, it is agreed between the parties hereto as follows:

Paragraph 1. The recitals set forth above are true and correct and are hereby incorporated into this Deposit Agreement by this reference, as though fully set forth herein.

Paragraph 2. The funds so set aside pursuant to this instrument constitute an irrevocable commitment and are not and shall not be subject to recall or offset.

Paragraph 3. Depositor shall deposit $20,000 with City, which deposit shall comprise the Deposited Funds plus the Bookkeeping Fee. This Deposit Agreement has been concurrently executed with the Agreement for the purpose of securing the faithful performance of Depositor’s obligations under said Agreement, provided that Depositor’s obligations thereunder are not completed by another party during the term of this Deposit Agreement. If said obligations are completed by another party, then the Deposited Funds shall be returned to Depositor. If the obligations are completed by another party after Depositor is in breach of this Deposit Agreement, then City shall have available to it all remedies as set forth herein. Notwithstanding anything else to the contrary herein, under no circumstances shall Depositor be entitled to a refund of any 63

portion of the Bookkeeping Fee, it being understood that City shall incur such fee in connection with its administrative costs in processing this Deposit Agreement.

Paragraph 4. Depositor shall faithfully perform its obligations under the Agreement in the manner and within the time period set forth in the grading permit issued by the Office of the Civil Engineer of City, the applicable provisions of the Municipal Code, and/or the Agreement or any extensions thereof as may be granted by City. In the event such obligations are not completed by said date, City shall cause Depositor’s unperformed obligations to be completed as specified utilizing the Deposited Funds. The Deposited Funds may also be used under such circumstances to pay for reasonable fees and expenses incurred as a result of Depositor’s failure to perform its obligations under the Agreement.

Paragraph 5. Notwithstanding anything else to the contrary herein, City’s liability under this instrument shall not exceed the amount of the Deposited Funds.

Paragraph 6. City agrees that it shall hold said funds on deposit for the uses and purposes set forth herein and should any excess funds from the Deposited Funds be left on deposit after Depositor fully performs its obligations under the Agreement, such excess funds shall be returned to Depositor without interest.

Paragraph 7. The parties agree that no change, extension of time, alteration or addition to the work to be performed or to the plans or specifications relating to Depositor’s obligations hereunder, shall in any way affect the parties’ obligations under this instrument and Depositor hereby waives notice of any such change, extension of time, alteration, or addition on the understanding that no such change, extension of time, alteration, or addition shall increase Depositor’s obligation under this instrument.

Paragraph 8. Any notice to be provided pursuant to this Deposit Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To City: Stephan Longoria, City Engineer
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270

To Depositor: Stefan Vogel
Coachella Valley Community Development Group LLC
36101 Bob Hope Drive, Suite E5
Rancho Mirage, CA 92270

Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Paragraph 9. Depositor hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, officials, employees, agents and contractors, harmless from, any and all claims, demands, actions, proceedings, costs and 64

expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Depositor or Depositor’s contractors’, subcontractors’, agents or employees’ operations under this Deposit Agreement, whether such negligent operations be by Depositor or by any of Depositor contractors, subcontractors, agents or employees.

Paragraph 10. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Deposit Agreement or as a result of any alleged breach of any provision of this Deposit Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Paragraph 11. This Deposit Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by each party. City and Depositor do not intend to confer any benefit hereunder on any person, firm, corporation or entity, other than City, Depositor and their successors and assigns.

Paragraph 12.

A. Failure or delay by any party to this Deposit Agreement to perform any material term or provision of this Deposit Agreement shall constitute a default under this Deposit Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default, within five (5) calendar days after receipt of written notice specifying such default, and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.

B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice as specified herein.

C. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. The exercise by a party of one or more rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

D. In the event that a default of any party to this Deposit Agreement may remain uncured for more than five (5) calendar days following receipt of written notice of default, as provided above, a “breach” shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Paragraph 13. In the event of a breach or default of this Deposit Agreement, the non- breaching party shall be entitled to all remedies available pursuant to the terms of this Deposit Agreement, at law and in equity, including, but not limited to, specific performance of this Deposit 65

Agreement, and all such remedies are cumulative in nature and may be asserted by such party in the alternative and the assertion of a remedy by a party shall not be deemed an exclusive election of remedies or waiver of any other rights conferred on that party by the terms of this Deposit Agreement.

Paragraph 14. This Deposit Agreement shall not be assignable by either party without the prior written consent of the other party.

Paragraph 15. This Deposit Agreement shall be governed by, interpreted under, construed and enforced in accordance with, the laws of the State of California. This Deposit Agreement is made and entered into in the County of Riverside, State of California, and any legal actions or proceedings arising from or related to this Deposit Agreement shall be brought in the County of Riverside, State of California.

Paragraph 16. Every provision of this Deposit Agreement is intended to be severable. If any provision of this Deposit Agreement or the application of any provision hereof to any party or circumstance is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity shall not affect the other terms and provisions hereof or the application of the provision in question to any other party or circumstance, all of which shall continue in full force and effect.

Paragraph 17. This Deposit Agreement may be executed in several 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 one copy hereof shall have been signed by both parties hereto.

[THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK]

66

IN WITNESS WHEREOF, the parties hereto have executed this Deposit Agreement effective the day and year first written above.

DEPOSITOR

By: ____________________________

Its: ___________________________

CITY OF RANCHO MIRAGE

By: ____________________________
Isaiah Hagerman, City Manager

ATTEST:

By: ____________________________
Kristie Ramos, City Clerk

APPROVED AS TO FORM:

By: ____________________________
Colin D. Kirkpatrick, City Attorney

67

BOND NO.:______
BOND FEE:______
BOND

PERFORMANCE SECURITY

SUBDIVISION IMPROVEMENTS (ON-SITE & OFF-SITE)

Map No. 38492

(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 Coachella Valley Community Development Group LLC, a California limited liability company ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated September 3, 2026, and identified as Subdivision Improvement Agreement Parcel Map 38492 (“Agreement”), 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, _______________________ (“Surety”) is a ________________ and duly licensed to conduct general surety business in the State of California.

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 Five Hundred Forty-Six Thousand Six Hundred Twelve Dollars ($546,612) 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 68

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 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.

[THIS PORTION OF PAGE LEFT INTENTIONALLY BLANK]

69

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

_____________________________
Signature
_____________________________
Name, Title
_____________________________
City
SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.
70

BOND NO.:______
BOND FEE:______
BOND

PERFORMANCE SECURITY

GUARANTEE REPAIR AND MAINTENANCE OF ALL IMPROVEMENTS

Map No. 38492

(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 Coachella Valley Community Development Group LLC (hereinafter "Principal"), a California limited liability company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated September 3, 2026, and identified as Subdivision Improvement Agreement Parcel Map 38492 (“Agreement”), 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 the 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 _________________, as surety (“Surety”), are held and firmly bound unto the City, in the penal sum of Eighty-One Thousand Nine Hundred Ninety-One Dollars ($81,991) 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 Eighty-One Thousand Nine Hundred Ninety-One Dollars ($81,991)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.

71

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 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]

72

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on _________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

______________________________
Signature
______________________________
Name, Title
______________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

BOND NO.:______
73

BOND FEE:______
BOND

PAYMENT SECURITY

LABOR AND MATERIAL (ON-SITE & OFF-SITE)

Map No. 38492

(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 Coachella Valley Community Development Group, LLC, a California Limited liability company ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated September 3, 2026, and identified as Subdivision Improvement Agreement Parcel Map 38492 (“Agreement”), 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, _______________________ (“Surety”) is a ___________________ 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 Two Hundred Seventy-Three Thousand Three Hundred Six Dollars ($273,306) 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 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 74

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]

75

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

76

CERTIFICATION OF ACCURATE INSURANCE INFORMATION

I certify (or declare) under the penalty of perjury under the laws of the State of California that all the information contained in the insurance certificate attached hereto is true and correct, and that I make such representation knowingly based on my own independent investigation and verification of the information stated therein. Furthermore, I acknowledge and agree that communicating or conveying information in a written instrument to the City of Rancho Mirage or to any officer, employee or agent thereof for the purpose of obtaining any ministerial or discretionary permit, entitlement, license or privilege that I know is false or misleading is a misdemeanor punishable by fine up to one thousand dollars ($1,000) and/or up to six (6) months in jail, and in addition, shall render such permit, entitlement, license or privilege null and void.

Rancho Mirage, Cal., Municipal Code §§9.12.010-9.12.020, 14.110.100.

_____________ _______________
(Date) (Signature)

77

SCHEDULE “C”

CERTIFICATE OF EXEMPTION

FROM WORKERS' COMPENSATION INSURANCE

I certify that, in the performance of the work required under the Subdivision Improvement Agreement, I shall not employ any person in any manner so as to become subject to the workers’ compensation laws of California, and agree that if I should become subject to the workers’ compensation provisions of the California Labor Code, I shall forthwith comply with those provisions.

___________________________________ Date: _______________, 2026 Name & Signature

78 City Council Staff Report

Approval of Final Parcel Map No. 38978 (Vista Del Sol)

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5F.

Presented To Presented By
Mayor and City Council Jeff Benson, Management Analyst

RECOMMENDED ACTION
Approve Final Parcel Map No. 38978 and authorize the City Manager and/or his designee to execute the Subdivision Improvement Agreement prior to issuance of grading permit.

DISCUSSION
Parcel Map No. 38978 proposes to subdivide 4.84 acres into four single-family residential lots, a private cul-de-sac street, and a landscaped parkway. The project site is located on the east side of Vista Del Sol, approximately 1,450 feet north of Country Club Drive.

The Final Map is consistent with the Conditions of Approval and has been checked for accuracy, and it is recommended that Final Parcel Map No. 38978 be approved. Attached is a Vicinity Map that shows the parcel location as described.

Staff recommends that the City Council approve Final Parcel Map No. 38978 and authorize the recordation of the map.

Attachments
Attachment 1 - Parcel Map
Attachment 2 - Vicinity Map
Attachment 3 - Draft Subdivision Improvement Agreement
79 ATTACHMENT 1
80 81

ATTACHMENT 2
82 SUBDIVISION IMPROVEMENT AGREEMENT
(Parcel Map № 38978)
This agreement ( “ A g r e e m e n t ” ) is made and entered into as of _________, 2026, by and between the CITY OF RANCHO MIRAGE, a municipal corporation ("CITY") and Le Mirage Estate, LLC, a California Limited Liability Company (“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 development, all 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 Amir Engineering, Inc., are identified as:

Parcel Map № 38978 (Title as appears on plans).

C. The following are attached hereto and made a part hereof: Schedule A, Schedule B, 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 liability 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 shall not commence or continue to perform any work unless DEVELOPER has in full force and effect all insurance required 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 work is accepted by CITY and provide for coverage of all causes of action or disputes ATTACHMENT 3
83 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 B. Automobile Liability

1. Comprehensive Form 1. Comprehensive Form, Including:

2. Premises-Operations Loading and Unloading

3. Explosion and Collapse Hazard 2. Owned

4. Underground Hazard 3. Hired

5. Products/Operations Competed

6. Contractual Insurance

7. Broad Form Property Damage
Including Completed Operations

8. Independent Contractors

9. Personal Injury

84 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 85 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 full force and effect and that the premiums therefor have been paid for a period satisfactory 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 perjury 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 DEVELOPER 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 injury 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 86 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, 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 designed by their 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 improvements 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 allowed except on approval of City Attorney.

To be acceptable, surety companies must be authorized to do business in, and have an agent for, service of process in California, be on the accredited list of the United States Treasury 87

Department, and/or have an "A" policyholder's rating and a financial 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 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, attorneys' 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. 88 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, such 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, 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 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 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 an 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) nor the amount of such claim or judgment. 89 In the event of a failure to commence with the compliance of above-mentioned conditions in this Section 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.

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 take any steps in relation to the work which would cause DEVELOPER to be in breach of this Agreement. To that end, DEVELOPER shall bind every subcontractor to be bound by the terms of this 90

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, an 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 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 lands to be served shall continue to the extent of any acceptance, subject to CITY'S right to offset any sums due the CITY. 91 The foregoing provisions are in addition to and 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.

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 will 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.

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92 CITY OF RANCHO MIRAGE

SUBDIVISION IMPROVEMENT AGREEMENT SIGNATURE REQUIREMENTS

(Limited Partnership / General Partnership / Corporation)

1. WHERE PRINCIPAL IS A LIMITED PARTNERSHIP

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 A 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 LLC’s articles of organization and operating agreement.93

12 By:
(Authorized Representative of CITY)
Lynn Mallotto, Mayor
By:

By:

Approved as to form:

Address:

By:

Colin D. Kirkpatrick, City Attorney

ATTEST:
______________________________________

Telephone No.

By:

By:

Kristie Ramos, City Clerk Address:

______________________________________

Telephone:

(SEAL IF CORPORATION)
By:

Address:

______________________________________

Telephone No.

(SIGNATURES MUST BE NOTARIZED)

(Seal: Partnership/Corporation)

DEVELOPER:__________________________

94 13

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: Month Day, Year

2. General Liability
$2,000,000 Each Occurrence (Includes Bodily Injury and Property Damage) $1,000 Medical Expense
$1,000,000 Personal & Advertising Injury
$2,000,000 General Aggregate
$2,000,000 Products-Completed/Operations Aggregate

Automobile Liability
Combined Single Limit $1,000,000 each accident, $2,000,000 Aggregate Workers Compensation Statutory

3. Approved Security Amounts:
(To be posted prior to acceptance of improvements)

Grading Bond (Total Security minus Cash Deposit) $ 246,188.00 Onsite Performance (100%) $ 257,161.00
Offsite Performance (100%) $ 136,058.00
Onsite Payment (50%) $ 128,580.00
Offsite Payment (50%) $ 68,029.00

4. Bond Substitute Acceptable: Yes No

5. Deposit/Fee Amount See attachment to this schedule

6. Warranty/Performance (15%)
Security Amount: ............................................. $ 58,982.00 (To be in place at acceptance of work)

7. Contractor(s):

CLASS A
Name and Address License № Phase of Work
Reimbursement: $N/A
(If an amount is specified, see separate
schedule.)

( ) Initials of CITY REPRESENTATIVE ( ) Initials of DEVELOPER or ( ) DEVELOPER REPRESENTATIVE

DEVELOPER Date
95 14

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

Plan Check Fee
(Final Map, Rough Grading, WQMP, Hydrology
Study, Street Improvement Plan, and Composite
$ 9,398.00
Inspection Fees
(Grading, Onsite, Offsite, & PM10)
$ 11,121.00
Permit Issuance Fees $ 242.00
CFD Annex Fee $ 3,228.00
Parkland Fees $ 1,645.80
TOTAL NONREFUNDABLE FEES $ 25,634.80

FEES REFUNDABLE

Cash Grading Deposit $ 20,000.00
Dust Control Deposit $ 9,680.00

TOTAL REFUNDABLE DEPOSITS $ 29,680.00

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 REPRESENTATIVE ( ) Initials of DEVELOPER ( ) DEVELOPER REPRESENTATIVE

DEVELOPER Date
96

ATTACHMENT TO SCHEDULE A

OF SUBDIVISION IMPROVEMENT AGREEMENT

SECURITY CALCULATIONS

PM 38978 (Vista Del Sol)

Estimates for Bonding Purposes

Onsite Improvements
Street Improvements (paving, curb and gutter,
wedge curb, pavers) $ 132,727.00
Storm Drain Improvements $ 12,592.00
Entry Area Improvements $ 78,300.00
Subtotal $ 223,619.00
(+) 15% contingency $ 33,542.00
Total Performance Bond (Onsite Improvements) $ 257,161.00

Offsite Improvements
Street Improvements (paving, curb and gutter, cross
gutter, barrier curb) $ 38,769.00
Storm Drain $ 17,443.00
Water & Sewer $ 62,100.00
Subtotal $ 118,312.00
(+) 15% contingency $ 17,746.00
Total Performance Bond (Offsite Improvements) $ 136,058.00

Payment Bond = 50% of Performance Bond
Total Payment Bond (Onsite Improvements) $ 128,580.00 Total Payment Bond (Offsite Improvements) $ 68,029.00

97

Warranty Bond = 15% of Performance Bond $ 58,982.00

Monumentation Bond $ 18,000.00

98

BOND №:______
BOND FEE:______

SCHEDULE B
BOND

PERFORMANCE SECURITY

SURVEY OF MONUMENTS

Parcel Map № 38978

(California Government Code §§ 66495-66498, 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 Le Mirage Estate, LLC (“Principal”), a California Limited Liability Company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated March __, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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 laws and ordinances. Said installation shall be completed on or before December 18, 2027, or as otherwise provided by any lawful extension of time granted by the City Council.

WHEREAS, we, the Principal and ________________________________, as surety (“Surety”), are held and firmly bound unto the City, in the penal sum of Eighteen Thousand Dollars and Zero Cents ($18,000.00) 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, 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 Eighteen Thousand Dollars and Zero Cents ($18,000.00) 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. 99

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.

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100

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

SUBDIVISION DOCUMENTS\Bond - Monument (10.06.09).doc
101

BOND №:_______
BOND FEE:_______
BOND

PERFORMANCE SECURITY

GRADING

Parcel Map № 38978

(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 Le Mirage Estate, LLC, a California Limited Liability Company (hereinafter "Principal"), a Delaware Limited Liability Company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated March __, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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 Amir Engineering, Inc., 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 _________________, as surety (“Surety”), are held and firmly bound unto the City, in the penal sum of Two Hundred and Forty-Six Thousand and One Hundred and Sixty-One Dollars and Zero Cents ($246,188.00) 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 Amir Engineering, Inc., 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 Two Hundred and Forty-Six Thousand and One Hundred and Sixty-One Dollars and Zero Cents ($246,188.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and 102

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]

103

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

SUBDIVISION DOCUMENTS\Bond - Grading (10.06.09).doc

104

DEPOSIT AGREEMENT

PERFORMANCE SECURITY

(CITY AS DEPOSITORY)

GRADING

(California Government Code §66499)

This Deposit Agreement (“Deposit Agreement”) is made on _______________, 2026, by and between the CITY OF RANCHO MIRAGE, a municipal corporation, hereinafter referred to as "City", and Le Mirage Estate, LLC, a California Limited Liability Company, hereinafter referred to as “Depositor,” and the parties hereby acknowledge the following:

WHEREAS, Depositor pledges to deposit Twenty Thousand Dollars ($20,000) (“Deposited Funds”) plus a bookkeeping fee of one (1) percent of the Deposited Funds (“Bookkeeping Fee”) pursuant to Section 16.20.090 of the City of Rancho Mirage Municipal Code (“Municipal Code”), with City for the purpose of securing performance of that certain Subdivision Improvement Agreement dated _________________, 2026, between City and Depositor (“Agreement”) pursuant to Government Code Section 66499(a)(2); and

WHEREAS, said Deposited Funds are reserved for the sole purpose of guaranteeing to City the faithful performance of Depositor to insure Depositor’s performance of the grading activities in accordance with the plans and specifications prepared by Amir Engineering, Inc., the terms and conditions set forth in the grading permit issued by the Office of the Civil Engineer of City, all the provisions of the Municipal Code and other applicable laws, and the terms described in the Agreement, all in the time and manner required in the Agreement, the grading permit, and/or the applicable provisions of the Municipal Code.

NOW THEREFORE, it is agreed between the parties hereto as follows:

Paragraph 1. The recitals set forth above are true and correct and are hereby incorporated into this Deposit Agreement by this reference, as though fully set forth herein.

Paragraph 2. The funds so set aside pursuant to this instrument constitute an irrevocable commitment and are not and shall not be subject to recall or offset.

Paragraph 3. Depositor shall deposit $20,000.00 with City, which deposit shall comprise the Deposited Funds plus the Bookkeeping Fee. This Deposit Agreement has been concurrently executed with the Agreement for the purpose of securing the faithful performance of Depositor’s obligations under said Agreement, provided that Depositor’s obligations thereunder are not completed by another party during the term of this Deposit Agreement. If said obligations are completed by another party, then the Deposited Funds shall be returned to Depositor. If the obligations are completed by another party after Depositor is in breach of this Deposit Agreement, then City shall have available to it all remedies as set forth herein. Notwithstanding anything else to the contrary herein, under no circumstances shall Depositor be entitled to a refund of any portion of the Bookkeeping Fee, it being understood that City shall incur such fee in connection 105

with its administrative costs in processing this Deposit Agreement.

Paragraph 4. Depositor shall faithfully perform its obligations under the Agreement in the manner and within the time period set forth in the grading permit issued by the Office of the Civil Engineer of City, the applicable provisions of the Municipal Code, and/or the Agreement or any extensions thereof as may be granted by City. In the event such obligations are not completed by said date, City shall cause Depositor’s unperformed obligations to be completed as specified utilizing the Deposited Funds. The Deposited Funds may also be used under such circumstances to pay for reasonable fees and expenses incurred as a result of Depositor’s failure to perform its obligations under the Agreement.

Paragraph 5. Notwithstanding anything else to the contrary herein, City’s liability under this instrument shall not exceed the amount of the Deposited Funds.

Paragraph 6. City agrees that it shall hold said funds on deposit for the uses and purposes set forth herein and should any excess funds from the Deposited Funds be left on deposit after Depositor fully performs its obligations under the Agreement, such excess funds shall be returned to Depositor without interest.

Paragraph 7. The parties agree that no change, extension of time, alteration or addition to the work to be performed or to the plans or specifications relating to Depositor’s obligations hereunder, shall in any way affect the parties’ obligations under this instrument and Depositor hereby waives notice of any such change, extension of time, alteration, or addition on the understanding that no such change, extension of time, alteration, or addition shall increase Depositor’s obligation under this instrument.

Paragraph 8. Any notice to be provided pursuant to this Deposit Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

To City: Stephan Longoria, City Engineer
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270

To Depositor: Le Mirage Estate LLC
32541 Seacliff Drive
Rancho Palos Verdes, CA 920275

Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Paragraph 9. Depositor hereby agrees to, and shall defend, save and hold City and its elected and appointed boards, commissions, officers, officials, employees, agents and contractors, harmless from, any and all claims, demands, actions, proceedings, costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees) and liability for any damages, personal injury or death, which may arise, directly or indirectly, 106

from Depositor or Depositor’s contractors’, subcontractors’, agents or employees’ operations under this Deposit Agreement, whether such negligent operations be by Depositor or by any of Depositor contractors, subcontractors, agents or employees.

Paragraph 10. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Deposit Agreement or as a result of any alleged breach of any provision of this Deposit Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Paragraph 11. This Deposit Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by each party. City and Depositor do not intend to confer any benefit hereunder on any person, firm, corporation or entity, other than City, Depositor and their successors and assigns.

Paragraph 12.

A. Failure or delay by any party to this Deposit Agreement to perform any material term or provision of this Deposit Agreement shall constitute a default under this Deposit Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default, within five (5) calendar days after receipt of written notice specifying such default, and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.

B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice as specified herein.

C. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. The exercise by a party of one or more rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

D. In the event that a default of any party to this Deposit Agreement may remain uncured for more than five (5) calendar days following receipt of written notice of default, as provided above, a “breach” shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Paragraph 13. In the event of a breach or default of this Deposit Agreement, the non- breaching party shall be entitled to all remedies available pursuant to the terms of this Deposit Agreement, at law and in equity, including, but not limited to, specific performance of this Deposit Agreement, and all such remedies are cumulative in nature and may be asserted by such party in the alternative and the assertion of a remedy by a party shall not be deemed an exclusive 107

election of remedies or waiver of any other rights conferred on that party by the terms of this Deposit Agreement.

Paragraph 14. This Deposit Agreement shall not be assignable by either party without the prior written consent of the other party.

Paragraph 15. This Deposit Agreement shall be governed by, interpreted under, construed and enforced in accordance with, the laws of the State of California. This Deposit Agreement is made and entered into in the County of Riverside, State of California, and any legal actions or proceedings arising from or related to this Deposit Agreement shall be brought in the County of Riverside, State of California.

Paragraph 16. Every provision of this Deposit Agreement is intended to be severable. If any provision of this Deposit Agreement or the application of any provision hereof to any party or circumstance is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity shall not affect the other terms and provisions hereof or the application of the provision in question to any other party or circumstance, all of which shall continue in full force and effect.

Paragraph 17. This Deposit Agreement may be executed in several 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 one copy hereof shall have been signed by both parties hereto.

[THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK]

108

IN WITNESS WHEREOF, the parties hereto have executed this Deposit Agreement effective the day and year first written above.

DEPOSITOR

By: Le Mirage Estate, LLC

Its: ___________________________

CITY OF RANCHO MIRAGE

By: ____________________________
Isaiah Hagerman, City Manager

ATTEST:

By: ____________________________
Kristie Ramos, City Clerk

APPROVED AS TO FORM:

By: ____________________________
Colin D. Kirkpatrick, City Attorney

SUBDIVISION DOCUMENTS\Deposit Agreement with City Performance Grading (09.24.09).doc

109

BOND №:______
BOND FEE:______
BOND

PERFORMANCE SECURITY

SUBDIVISION IMPROVEMENTS (ON-SITE)

Parcel Map № 38978

(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 New Le Mirage Estate, LLC, a California Limited Liability Company ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated ____________________, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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, _______________________ (“Surety”) is a ________________ and duly licensed to conduct general surety business in the State of California.

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 Hundred and Fifty Seven Thousand One Hundred and Sixty One Dollars and Zero Cents ($257,161.00) 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 110

attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or 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.

[THIS PORTION OF PAGE LEFT INTENTIONALLY BLANK]

111

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

_____________________________
Signature
_____________________________
Name, Title
_____________________________
City
SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

Subdivision Improvements On-Site (10.06.09).doc
112

BOND №:______
BOND FEE:______
BOND

PERFORMANCE SECURITY

SUBDIVISION IMPROVEMENTS (OFF-SITE)

Parcel Map № 38978

(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 Le Mirage Estate, LLC, a California Limited Liability Company ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated March __, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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, _______________________ (“Surety”) is a ___________________ and duly licensed to conduct general surety business in the State of California.

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 One Hundred and Thirty Six Thousand and Fifty Eight Dollars and Zero Cents ($136,058.00) 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 113

costs and included in any judgment rendered.

Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said Agreement or 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.

[THIS PORTION OF PAGE LEFT INTENTIONALLY BLANK]

114

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

_____________________________
Signature
_____________________________
Name, Title
_____________________________
City
SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

SUBDIVISION DOCUMENTS\Bond - Subdivision Improvements Off-Site (10.06.09).doc

115

BOND №:______
BOND FEE:______
BOND

PERFORMANCE SECURITY

GUARANTEE REPAIR AND MAINTENANCE OF ALL IMPROVEMENTS

Parcel Map № 38978

(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 Le Mirage Estate, LLC (hereinafter "Principal"), a California Limited Liability Company, have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated March __, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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 the 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 _________________, as surety (“Surety”), are held and firmly bound unto the City, in the penal sum of Fifty-Eight Thousand Nine Hundred Eighty-Two Dollars (58,982.00) 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 Fifty-Eight Thousand Nine Hundred Eighty-Two Dollars (58,982.00) 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.

116

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 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]

117

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on ____________, ___, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

______________________________
Signature
______________________________
Name, Title
______________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

SUBDIVISION DOCUMENTS\Bond - All Improvements (10.06.09).doc

118

BOND №:______
BOND FEE:______
BOND

PAYMENT SECURITY

LABOR AND MATERIAL (ON-SITE)

Map № 38978

(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 Le Mirage Estate, LLC, a California Limited Liability Company, ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated March __, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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, _______________________ (“Surety”) is a ___________________ 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 Hundred Twenty Eight Thousand Five Hundred Eighty Dollars ($128,580.00) 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 119

agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties 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]

120

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

SUBDIVISION DOCUMENTS\Bond - Labor and Material On-Site (10.06.09).doc

121

BOND №:______
BOND FEE:______
BOND

PAYMENT SECURITY

LABOR AND MATERIAL (OFF-SITE)

Parcel Map № 38978

(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 Le Mirage Estate, LLC, a California Limited Liability Company, ("Principal"), have entered into an agreement pursuant to California Government Code Section 66462 whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated March __, 2026, and identified as Subdivision Improvement Agreement (Parcel Map № 38978) (“Agreement”), 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, _______________________ (“Surety”) is a ___________________ 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 Sixty-Eight Thousand Twenty-Nine Dollars ($68,029.00) 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 herein to relieve, as demanded, Surety's obligation herein and shall be 122

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 INTENTIONALLY LEFT BLANK]

123

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety named herein, on ________________, 2026.

APPROVED AS TO CONTENT:

________________________________
Signature
________________________________
Name, Title
________________________________
City

PRINCIPAL

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

APPROVED AS TO FORM:

________________________________
Signature
________________________________
Name, Title
________________________________
City

SURETY

_____________________________
Company
_____________________________
Address
_____________________________
Signature
_____________________________
Name
_____________________________
Title

*Note: Principal and Surety’s
signatures must be notarized and 3
originals must be executed.

SUBDIVISION DOCUMENTS\Bond - Labor and Material Off-Site (10.06.09).doc

124

CERTIFICATION OF ACCURATE INSURANCE INFORMATION

I certify (or declare) under the penalty of perjury under the laws of the State of California that all the information contained in the insurance certificate attached hereto is true and correct, and that I make such representation knowingly based on my own independent investigation and verification of the information stated therein. Furthermore, I acknowledge and agree that communicating or conveying information in a written instrument to the City of Rancho Mirage or to any officer, employee or agent thereof for the purpose of obtaining any ministerial or discretionary permit, entitlement, license or privilege that I know is false or misleading is a misdemeanor punishable by fine up to one thousand dollars ($1,000) and/or up to six (6) months in jail, and in addition, shall render such permit, entitlement, license or privilege null and void.

Rancho Mirage, Cal., Municipal Code §§9.12.010-9.12.020, 14.110.100.

_____________ _______________
(Date) (Signature)

125

SCHEDULE “C”

CERTIFICATE OF EXEMPTION

FROM WORKERS' COMPENSATION INSURANCE

I certify that, in the performance of the work required under the Subdivision Improvement Agreement, ____________________, I shall not employ any person in any manner so as to become subject to the workers’ compensation laws of California, and agree that if I should become subject to the workers’ compensation provisions of the California Labor Code, I shall forthwith comply with those provisions.

___________________________________ Date: March __, 2026 Name & Signature

126

City Council Staff Report

Quarterly Treasurer’s Report for the Quarter Ending June 30, 2026

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5G.

Presented To Presented By
Mayor and City Council Joseph Carpenter, Assistant Director of Administrative Services

RECOMMENDED ACTION
Receive and File the June 30, 2026, Quarterly Treasurer’s Report.

DISCUSSION
Attached is the Quarterly Treasurer’s Report for the quarter ending June 30, 2026. This report is submitted to City Council for the purpose of providing detailed information over all monies overseen by the City Treasurer.

A provision of the Statement of Investment Policy readopted February 19, 2026 via Resolution 2026-09 pertains to investment reporting to City Council on a quarterly basis (Section VIII). It is the City's policy to achieve a market rate of return on public funds while minimizing risks and preserving capital. City Investments are analyzed on a Total Return basis. Total Return takes into account interest income, realized gains and losses, and unrealized gains and losses due to change in market value during the period measured. When portfolios have unrealized losses, total returns will be lower.

The City’s Total Return is compared to the Bank of America Merrill Lynch 1-5 Year U.S. Treasury Index, the table on the next page summarizes the comparison.

It should be noted, on an accrual basis the city and its affiliated agencies had $925,968.59 in quarterly earnings – see Page 3 of the attachment for details.127

Definitions:

Total Return: Total return takes into account interest income, realized gains and losses, and unrealized gains and losses due to change in market value during the period measured.

Duration: Duration is the percentage change in the price of a security for a 1% change in the security's yield.

Yield: Yield to maturity is a forward-looking earnings indicator that assumes all coupons will be reinvested at the security's yield.

Attachments
Attachment 1 - Quarterly Report
Attachment 2 - Email to Council
128

Sector
Average
Maturity Par Amount
Original
Cost Adjusted Cost Market Value Coupon
Yield to
Maturity
Checking Account 1 Day 511,837.31 511,837.31 511,837.31 511,837.31 0.00%0.00% First American Treasury Fund 1 Day 36,567.91 36,567.91 36,567.91 36,567.91 4.36%4.36% CAMP 1 Day 8,683,246.38 8,683,246.38 8,683,246.38 8,683,246.38 3.77%3.77% LAIF - City 1 Day 120,388.89 120,388.89 120,388.89 120,388.89 3.92%3.92% U.S. Treasuries 2.70 Years 43,790,000.00 43,059,094.41 43,503,293.56 43,183,862.45 3.24%3.81% Corporate Notes 2.83 Years 20,425,000.00 20,443,239.30 20,433,424.50 20,302,680.98 0.00%4.42% Municipal Bonds 2.29 Years 820,000.00 820,000.00 820,000.00 818,828.93 4.47%4.47% Bank Notes 3.47 Years 1,635,000.00 1,632,115.80 1,632,430.43 1,614,754.14 4.17%4.23% ACMBS 2.39 Years 16,161,478.40 15,935,809.45 16,043,596.31 16,097,863.24 0.00%4.68% City Operating Total 2.67 Years 92,183,518.89 91,242,299.45 91,784,785.29 91,370,030.23 4.09% First American Treasury Fund 1 Day 618,037.25 618,037.25 618,037.25 618,037.25 3.14%3.14% LAIF - Successor Agency 1 Day 330,416.99 330,416.99 330,416.99 330,416.99 3.92%3.92% U.S. Treasuries 1.92 Years 1,475,000.00 1,358,035.35 1,403,035.67 1,396,414.25 0.00%3.96% Successor Agency Total 418 Days 2,423,454.24 2,306,489.59 2,351,489.91 2,344,868.49 3.74% First American Treasury Fund 1 Days 1,303,119.14 1,303,119.14 1,303,119.14 1,303,119.14 3.13% Assessment District Total 0.00 Years 1,303,119.14 1,303,119.14 1,303,119.14 1,303,119.14 3.13% Portfolio Total 2.18 95,910,092.27 94,851,908.18 95,439,394.34 95,018,017.86 4.07% Rancho Mirage Energy Authority Lockbox 1 Day 332,304.94 332,304.94 332,304.94 332,304.94 0.00%0.00% Rancho Mirage Energy Authority River ICS Sweep 1 Day 17,733,280.03 17,733,280.03 17,733,280.03 17,733,280.03 Rancho Mirage Energy Authority Total 1 Day 18,065,584.97 18,065,584.97 18,065,584.97 18,065,584.97 3.44% Grand Total 2.59 Years 113,975,677.24 112,917,493.15 113,504,979.31 113,083,602.83 3.42% RMEA River ICS Sweep annual percentage yield is 3.50%.

Market prices are derived from closing bid prices as of the last business day of the month as supplied by Interactive Data, Bloomberg Finance L.P. or Telerate. Where prices are not available from generally recognized sources the securities are priced using a yield-based matrix system to arrive at an estimated market value. Prices that fall between data points are interpolated.

PFMAM’s market prices are derived from closing bid prices as of the last business day of the month as supplied by Interactive Data, Bloomberg Finance L.P. or Telerate. Where prices are not available from generally recognized sources the securities are priced using a yield-based matrix system to arrive at an estimated market value. Prices that fall between data points are interpolated.

Rancho Mirage Energy Authority
Successor Agency
City Assessment District Bond Funds
City of Rancho Mirage
Investment Summary
as of June 30, 2026
City Operating Funds
ATTACHMENT 1
129

Account Number Cash Accounts Balance Yield
98-33-707 LAIF-City Operating 120,388.89 3.92%
65-33-014 LAIF-Successor Agency 330,416.99 3.92%
6083-001 CAMP 8,683,246.38 3.77%
1496350896 Checking Account - Bank of America 511,837.31 0.00% 73330100 GENERAL FUND BUILDING PUR Cash Balance 36,567.91 4.36% Cash Subtotal 9,682,457.48 3.58%
Successor Agency Accounts Balance Yield
206520000 2013A TAX ALL. HOUSING REFUNDING BONDS 93.51 3.14% 206520001 2013A TAX ALL. HOUSING REFUNDING BONDS 422.58 3.14%

WHITEWATER

NORTHSIDE
206541000 2013A NORTHSIDE RESERVE 364.58 3.14%
206541001 2013A NORTHSIDE RESERVE 846.66 3.14%
206541002 2013A NORTHSIDE RESERVE 600,863.74 3.14%
231643000 2016A TAX ALL. BONDS 150.43 3.12%
231643001 2016A TAX ALL. BONDS 514.18 3.12%
231643003 2016A TAX ALL. EXPENSE ACCOUNT 12,959.90 3.12% 256951000 2017A REDEVELOPMENT PROJECT 1,178.88 3.14%
256951001 2017A REDEVELOPMENT PROJECT 90.25 3.14%
1984 PROJECT (SERIES 2003 A-1, 2003 A-E, & 2003 A-T)
744304004 TAXABLE A-T INTEREST 197.24 3.14%
744304005 TAXABLE A-T PRINCIPAL 326.72 3.14%
744305004 2003 SERIES B CAPITAL PROJ REDEVELOPMENT 28.58 3.14% Successor Agency Subtotal 618,037.25 3.14%
Assessment District Accounts Balance Yield
94420340 (MAGNESIA FALL COVE/WHITE SUN LTD OBLIGATION IMPROVEMENT S RIES 2000A INTEREST)2,365.04 3.14% 94420341 (MAGNESIA FALL COVE/WHITE SUN LTD OBLIGATION IMPROVEMENT SERIES 2000A PRINCIPAL 106,771.56 3.14% 94420342 (MAGNESIA FALL COVE/WHITE SUN LTD OBLIGATION IMPROVEMENT SERIES 2000A RESERVE 179,148.85 3.14% 94420344 (MAGNESIA FALL COVE/WHITE SUN LTD OBLIGATION IMPROVEMENT SERIES 2000A PREPAYMENT 0.02 3.14% 94433290 (FRANK SINATRA DRIVE EXT) REF BONDS SERIES 2002 INTEREST 24.92 3.14% 94433291 (FRANK SINATRA DRIVE EXT) REF BONDS SERIES 2002 PRINCIPAL 3,736.08 3.14% 94433292 (FRANK SINATRA DRIVE EXT) REF BONDS SERIES 2002 RESERVE 666,858.58 3.14% 216986000 CFD NO. 4B (DEL WEBB) RESERVE FUND SPECIAL TAX BONDS SERIES 2021 SPECIAL TAX FUND 170.67 3.12% 216986003 CFD NO. 4B (DEL WEBB) RESERVE FUND SPECIAL TAX BONDS SERIES 2021 RESERVE FUND 344,043.42 3.12% Assessment District Subtotal 1,303,119.14 3.13%
Fixed Income & Equities Market Value Yield to Maturity
U.S. Treasuries
Operating Portfolio 43,183,862.45 3.81%
Successor Portfolio 1,396,414.25 3.96%
Federal Agencies
Corporate Notes
Operating Portfolio 20,302,680.98 4.42%
Municipal Bonds
Operating Portfolio 818,828.93 4.47%
Bank Notes
Operating Portfolio 1,614,754.14 4.23%
ACMBS
Operating Portfolio 16,097,863.24 4.68%
Fixed Income & Equities Subtotal 83,414,403.99 4.14% Portfolio Total 95,018,017.86 4.07%
6714249459 Rancho Mirage Energy Authority Lockbox 332,304.94 0.00% 4920690637 Rancho Mirage Energy Authority ICS Cash Sweep 17,733,280.03 3.50% Rancho Mirage Energy Authority Total 18,065,584.97 3.44% Grand Total 113,083,602.83 3.42%
City of Rancho Mirage
Quarterly Accounts & Ending Balances
as of June 30, 2026
130

Earnings Summary (Accrual Basis)
Ending Amortized Value of Securities 82,432,744.80
Ending Accrued Interest 679,369.55
Plus Proceeds from Sales 9,699,946.54
Plus Proceeds of Maturities/Calls/Principal Payments 48,732.46 Plus Coupons Received 637,826.83
Less Cost of New Purchases (10,507,575.42)
Less Beginning Amortized Value of Securities (81,625,490.07) Less Beginning Accrued Interest (547,268.60)
Portfolio Subtotal $818,286.09
CAMP Subtotal $25,201.65
LAIF Subtotal $14,186.92
Successor Agency Subtotal $16,929.26
Portfolio Total $874,603.92
ICS Sweep Subtotal $51,364.67
Grand Total $925,968.59
City Operating Funds Investment Maturity Distribution
City of Rancho Mirage
Quarterly Earnings and Investment Maturity Distribution as of June 30, 2026
PFMAM-Managed Portfolio
CAMP
ICS Sweep
Successor Agency
LAIF
25%
3%
17%
24%
16%16%
0%
5%
10%
15%
20%
25%
30%
35%
40%
Overnight Under 1 Year 1 to 2 Years 2 to 3 Years 3 to 4 Years 4 to 5 Years 131

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity
Par
Amount
Original
Cost
Adjusted
Cost
Market
Value
Yield to
Maturity
Cash Equivalents
Checking Account - Bank of America NR 0.00%7/1/26 6/30/26 1 511,837.31 511,837.31 511,837.31 511,837.31 0.00% First American Treasury Oblig. Fund NR 4.36%7/1/26 6/30/26 1 36,567.91 36,567.91 36,567.91 36,567.91 4.36% California Asset Management Program NR 3.77%7/1/26 6/30/26 1 8,683,246.38 8,683,246.38 8,683,246.38 8,683,246.38 3.77% Local Agency Investment Fund - City NR 3.92%7/1/26 6/30/26 1 120,388.89 120,388.89 120,388.89 120,388.89 3.92% Cash Equivalents Subtotal 1 9,352,040.49 9,352,040.49 9,352,040.49 9,352,040.49 3.57% Municipal Bonds
Wells Fargo Bank NA Corporate AA-4.76%11/1/2026 8/9/2023 124 195,000.00 195,000.00 195,000.00 195,361.14 4.75% State of Connecticut AA-4.51%5/15/2028 6/22/2023 685 205,000.00 205,000.00 205,000.00 205,634.89 4.51% Hawaii St-TXBLE-GP AA+4.21%4/1/2031 4/30/2026 1,736 215,000.00 215,000.00 215,000.00 212,751.10 4.21% Los Angeles Unif SD-B NR 4.42%7/1/2028 5/13/2025 732 205,000.00 205,000.00 205,000.00 205,081.80 4.42% Municipal Bonds Subtotal 836 820,000.00 820,000.00 820,000.00 818,828.93 4.47% U.S. Treasuries
US Treasury Bill A-1+0.00%7/7/2026 6/30/2026 7 200,000.00 199,860.35 199,880.30 199,881.20 3.59% U.S. Treasury AA+0.50%5/31/2027 4/4/2024 335 1,175,000.00 1,038,130.86 1,135,317.45 1,137,268.40 4.50% U.S. Treasury AA+0.88%9/30/2026 12/6/2021 92 1,500,000.00 1,476,621.09 1,498,790.52 1,489,140.00 1.21% U.S. Treasury AA+2.25%8/15/2027 1/6/2023 411 800,000.00 742,000.00 785,862.07 783,437.60 3.99% U.S. Treasury AA+2.25%11/15/2027 12/5/2024 503 675,000.00 640,168.95 658,255.37 657,887.40 4.13% U.S. Treasury AA+2.75%2/15/2028 9/3/2024 595 2,900,000.00 2,806,882.81 2,854,672.15 2,835,883.90 3.75% U.S. Treasury AA+1.50%2/15/2030 4/3/2025 1,326 170,000.00 152,076.95 156,347.45 154,872.72 3.90% U.S. Treasury AA+0.50%8/31/2027 8/2/2024 427 800,000.00 718,718.75 768,063.08 767,124.80 4.04% U.S. Treasury AA+0.50%8/31/2027 10/29/2024 427 1,600,000.00 1,448,125.00 1,535,517.62 1,534,249.60 4.08% U.S. Treasury AA+1.25%5/31/2028 1/14/2026 701 325,000.00 308,115.23 311,281.83 307,734.38 3.55% U.S. Treasury AA+4.00%1/31/2031 2/10/2026 1,676 750,000.00 757,734.38 757,178.45 743,496.00 3.77% U.S. Treasury AA+4.25%2/28/2031 3/11/2026 1,704 750,000.00 766,728.52 765,789.71 751,260.00 3.75% U.S. Treasury AA+4.25%2/28/2031 3/26/2026 1,704 280,000.00 283,160.94 283,007.82 280,470.40 3.99% U.S. Treasury AA+4.25%2/28/2031 4/9/2026 1,704 240,000.00 243,984.38 243,817.37 240,403.20 3.87% U.S. Treasury AA+4.13%3/31/2031 4/14/2026 1,735 415,000.00 418,080.08 417,960.39 413,443.75 3.96% U.S. Treasury AA+4.13%3/31/2031 4/16/2026 1,735 370,000.00 373,757.81 373,614.65 368,612.50 3.90% U.S. Treasury AA+4.13%3/31/2031 4/30/2026 1,735 865,000.00 868,345.12 868,240.23 861,756.25 4.04% U.S. Treasury AA+4.13%3/31/2029 3/31/2026 1,005 1,000,000.00 1,003,320.31 1,003,056.62 998,828.00 4.01% U.S. Treasury AA+4.63%4/30/2031 6/5/2026 1,765 955,000.00 973,913.48 973,666.24 972,085.91 4.17% U.S. Treasury AA+4.50%5/31/2029 12/12/2024 1,066 300,000.00 304,828.13 303,248.77 302,718.90 4.10% U.S. Treasury AA+4.25%6/30/2029 7/21/2025 1,096 400,000.00 405,109.38 403,954.69 400,906.40 3.90% U.S. Treasury AA+4.13%10/31/2029 5/22/2025 1,219 1,300,000.00 1,300,000.00 1,300,000.00 1,297,917.40 4.12% U.S. Treasury AA+4.13%10/31/2029 1/21/2026 1,219 290,000.00 293,760.94 293,348.05 289,535.42 3.75% U.S. Treasury AA+4.00%5/31/2030 1/15/2026 1,431 310,000.00 314,068.75 313,672.90 307,905.02 3.67% U.S. Treasury AA+3.88%7/15/2028 6/5/2026 746 2,750,000.00 2,740,009.77 2,740,334.57 2,734,209.50 4.05% U.S. Treasury AA+3.88%7/31/2030 9/4/2025 1,492 1,685,000.00 1,694,807.23 1,693,290.89 1,665,122.06 3.74% U.S. Treasury AA+3.63%10/31/2030 12/4/2025 1,584 1,100,000.00 1,100,472.66 1,100,424.18 1,075,164.20 3.61% U.S. Treasury AA+3.50%11/15/2028 1/22/2026 869 815,000.00 811,720.90 812,212.04 802,743.22 3.65% U.S. Treasury AA+3.63%12/31/2030 1/21/2026 1,645 220,000.00 217,765.63 217,950.44 214,817.90 3.85% U.S. Treasury AA+3.50%2/15/2029 3/5/2026 961 1,500,000.00 1,502,519.53 1,502,254.34 1,475,157.00 3.44% U.S. Treasury AA+3.50%3/15/2029 3/16/2026 989 1,350,000.00 1,340,349.61 1,341,246.16 1,327,271.40 3.75% U.S. Treasury AA+1.25%9/30/2028 12/5/2024 823 1,650,000.00 1,481,197.27 1,547,420.19 1,547,520.15 4.18% U.S. Treasury AA+2.75%5/31/2029 7/2/2024 1,066 350,000.00 323,968.75 333,880.16 336,560.70 4.45% U.S. Treasury AA+2.75%7/31/2027 8/10/2022 396 1,000,000.00 990,351.56 997,901.36 985,352.00 2.96% U.S. Treasury AA+3.88%9/30/2029 6/5/2025 1,188 950,000.00 946,697.27 947,467.37 941,391.10 3.96% U.S. Treasury AA+4.13%10/31/2027 12/8/2022 488 1,500,000.00 1,522,441.41 1,506,112.40 1,499,121.00 3.79% U.S. Treasury AA+3.88%11/30/2029 2/7/2025 1,249 1,600,000.00 1,568,250.00 1,576,797.41 1,584,563.20 4.34% U.S. Treasury AA+3.88%11/30/2029 1/21/2026 1,249 720,000.00 722,756.25 722,460.65 713,053.44 3.77% U.S. Treasury AA+3.88%11/30/2027 1/21/2026 518 280,000.00 281,421.88 281,092.35 278,895.40 3.59% City of Rancho Mirage
City Operating Funds
as of June 30, 2026
Investment Detail
132

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity
Par
Amount
Original
Cost
Adjusted
Cost
Market
Value
Yield to
Maturity
City of Rancho Mirage
as of June 30, 2026
Investment Detail
U.S. Treasury AA+4.00%2/29/2028 3/1/2023 609 1,125,000.00 1,116,342.77 1,122,117.42 1,122,012.00 4.17% U.S. Treasury AA+4.00%2/28/2030 10/9/2025 1,339 680,000.00 688,871.88 687,501.47 675,882.60 3.67% U.S. Treasury AA+3.63%3/31/2030 5/13/2025 1,370 590,000.00 577,185.94 579,940.13 578,568.75 4.12% U.S. Treasury AA+3.63%3/31/2030 1/14/2026 1,370 650,000.00 648,121.09 648,313.14 637,406.25 3.70% U.S. Treasury AA+3.63%3/31/2030 1/14/2026 1,370 360,000.00 359,043.75 359,141.82 353,025.00 3.69% U.S. Treasury AA+3.63%3/31/2030 1/15/2026 1,370 345,000.00 344,568.75 344,613.04 338,315.63 3.66% U.S. Treasury AA+3.50%4/30/2028 5/3/2023 670 300,000.00 298,523.44 299,458.43 296,472.60 3.61% U.S. Treasury AA+3.75%5/31/2030 7/3/2025 1,431 100,000.00 99,816.41 99,851.06 98,418.00 3.79% U.S. Treasury AA+3.75%6/30/2030 8/5/2025 1,461 1,200,000.00 1,187,390.63 1,189,538.76 1,180,500.00 3.99% U.S. Treasury AA+4.38%8/31/2028 11/5/2024 793 1,400,000.00 1,408,914.07 1,405,229.07 1,405,906.60 4.19% U.S. Treasury AA+4.63%9/30/2030 11/6/2025 1,553 1,200,000.00 1,248,093.75 1,242,200.98 1,219,593.60 3.72% U.S. Treasuries Subtotal 985 43,790,000.00 43,059,094.41 43,503,293.56 43,183,862.45 3.81% Corporate Notes
Abbot Labs A+3.70%3/9/2029 3/9/2026 983 660,000.00 659,161.80 659,245.59 647,360.34 3.75% Adobe Inc A+2.30%2/1/2030 2/10/2026 1,312 140,000.00 130,690.00 131,542.97 129,234.28 4.13% Adobe Inc A+2.30%2/1/2030 2/25/2026 1,312 135,000.00 126,312.75 127,031.49 124,618.77 4.09% Alphabet Inc.AA+3.70%2/15/2029 2/13/2026 961 120,000.00 119,564.40 119,617.39 118,052.04 3.83% Alphabet Inc.AA+4.10%2/15/2031 2/17/2026 1,691 420,000.00 419,601.00 419,628.79 412,683.60 4.12% Alphabet Inc.AA+4.10%2/15/2031 2/17/2026 1,691 810,000.00 809,619.30 809,645.33 795,889.80 4.11% Amazon.com, Incorporated AA 4.25%3/13/2031 3/13/2026 1,717 460,000.00 459,264.00 459,305.84 452,941.30 4.29% Amazon.com, Incorporated AA 4.25%3/13/2031 3/13/2026 1,717 360,000.00 359,452.80 359,484.03 354,475.80 4.28% American Express A-4.35%7/20/2029 2/4/2026 1,116 400,000.00 402,088.00 401,756.10 397,954.40 4.19% American Express A-4.44%5/3/2030 5/4/2026 1,403 245,000.00 245,000.00 245,000.00 243,490.07 4.44% Analog Devices Inc A 4.50%6/15/2030 6/16/2025 1,446 650,000.00 649,428.00 649,538.62 648,415.95 4.52% BMW Corporate A 4.65%8/13/2029 6/3/2026 1,140 610,000.00 609,188.70 609,207.67 608,398.14 4.69% BMW Corporate A 4.65%3/19/2031 3/19/2026 1,723 400,000.00 399,648.00 399,666.58 394,986.00 4.67% Bank of America A-4.62%5/9/2029 5/9/2025 1,044 640,000.00 640,000.00 640,000.00 639,691.52 4.62% Bank of New York Mellon Corporation A 6.32%10/25/2029 3/5/2026 1,213 425,000.00 448,846.75 446,066.24 440,494.65 4.62% Blackrock Funding Inc AA-2.40%4/30/2030 6/27/2025 1,400 125,000.00 114,740.00 116,712.79 115,725.50 4.30% Blackrock Funding Inc AA-2.40%4/30/2030 6/30/2025 1,400 250,000.00 229,440.00 233,366.80 231,451.00 4.30% Caterpillar Inc A 4.50%5/15/2031 5/15/2026 1,780 325,000.00 324,554.75 324,565.42 323,462.43 4.53% Cisco Systems Inc AA-4.85%2/26/2029 11/7/2025 972 600,000.00 615,246.00 612,323.09 606,371.40 4.02% Meta Platforms Inc.AA-4.20%11/15/2030 11/17/2025 1,599 415,000.00 416,406.85 416,244.42 408,489.89 4.12% HSBC USA Inc.A-4.65%6/3/2028 6/3/2025 704 200,000.00 199,906.00 199,938.56 200,576.80 4.67% HSBC USA Inc.A-4.65%6/3/2028 6/3/2025 704 440,000.00 440,035.20 440,023.20 441,268.96 4.65% Home Depot Inc.A 4.75%6/25/2029 6/25/2024 1,091 100,000.00 99,355.00 99,596.57 100,989.70 4.90% Home Depot Inc.A 4.75%6/25/2029 6/25/2024 1,091 150,000.00 149,521.50 149,701.18 151,484.55 4.82% JP Morgan Chase A 5.04%1/23/2028 1/23/2024 572 480,000.00 480,000.00 480,000.00 481,501.44 5.04% JP Morgan Chase A 5.57%4/22/2028 4/22/2024 662 235,000.00 235,000.00 235,000.00 236,959.19 5.57% KLA Corp A-4.10%3/15/2029 11/14/2025 989 415,000.00 415,278.05 415,228.39 411,128.88 4.08% Kenvue Inc.A 5.05%3/22/2028 6/30/2025 631 460,000.00 470,860.60 466,878.11 464,427.04 4.12% Eli Lilly & Co AA-4.38%5/20/2031 5/20/2026 1,785 365,000.00 364,609.45 364,618.66 362,190.60 4.40% Lockheed Martin A-4.50%2/15/2029 3/7/2024 961 455,000.00 449,339.80 451,832.06 455,055.51 4.78% Mars Inc.A 4.80%3/1/2030 3/12/2025 1,340 180,000.00 179,805.60 179,852.26 180,536.22 4.83% Mars Inc.A 4.80%3/1/2030 3/12/2025 1,340 170,000.00 170,204.00 170,154.52 170,506.43 4.77% Mastercard Inc.A+4.60%6/8/2031 6/8/2026 1,804 495,000.00 494,604.00 494,608.59 494,239.19 4.62% Mastercard Inc.A+4.60%6/8/2031 6/8/2026 1,804 325,000.00 325,302.25 325,299.60 324,500.48 4.58% Morgan Stanley A-4.43%1/23/2030 1/26/2026 1,303 350,000.00 351,613.50 351,452.94 346,802.40 4.30% National Rural Coop Corporate A-4.85%2/7/2029 3/31/2026 953 160,000.00 161,798.40 161,644.84 161,000.48 4.42% National Secs Clearing AA 5.00%5/30/2028 4/23/2025 700 325,000.00 330,453.50 328,391.56 328,133.65 4.41% National Secs Clearing AA 5.00%5/30/2028 11/24/2025 700 315,000.00 322,868.70 320,987.23 318,037.23 3.95% National Secs Clearing AA 4.70%5/20/2030 5/20/2025 1,420 325,000.00 324,798.50 324,840.18 326,354.60 4.71% National Secs Clearing AA 4.70%5/20/2030 5/20/2025 1,420 260,000.00 260,470.60 260,373.86 261,083.68 4.66% National Secs Clearing AA 4.70%6/9/2031 6/9/2026 1,805 250,000.00 249,922.50 249,923.68 249,967.25 4.71% Novartis Capital Corp AA-4.10%11/5/2030 11/5/2025 1,589 735,000.00 732,795.00 733,061.87 722,105.16 4.17% NVIDIA Corp AA 4.50%6/15/2031 6/18/2026 1,811 560,000.00 558,936.00 558,944.67 558,017.60 4.54% 133

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity
Par
Amount
Original
Cost
Adjusted
Cost
Market
Value
Yield to
Maturity
City of Rancho Mirage
as of June 30, 2026
Investment Detail
PNC Bank NA A-4.08%1/26/2029 1/26/2026 941 325,000.00 325,000.00 325,000.00 322,330.45 4.08% Salesforce Inc A+4.65%3/15/2029 3/13/2026 989 1,230,000.00 1,229,729.40 1,229,755.77 1,229,362.86 4.66% ServiceNow Inc A 4.25%5/15/2028 5/15/2026 685 100,000.00 99,638.00 99,660.48 99,665.40 4.44% Shell Finance USA Inc.A+4.13%11/6/2030 11/6/2025 1,590 415,000.00 413,775.75 413,921.98 407,500.95 4.19% Total Energi CAP USA LLC A+4.25%1/13/2031 1/13/2026 1,658 375,000.00 375,000.00 375,000.00 368,681.25 4.25% Total Energi CAP USA LLC A+4.25%1/13/2031 1/13/2026 1,658 510,000.00 511,581.00 511,444.44 501,406.50 4.18% UBS AG Stamford CT A+4.86%1/10/2028 1/10/2025 559 250,000.00 250,000.00 250,000.00 250,667.50 4.86% UBS AG Stamford CT A+4.30%3/16/2029 3/16/2026 990 250,000.00 250,000.00 250,000.00 248,980.75 4.30% USAA Capital AA-4.38%6/1/2028 6/2/2025 702 250,000.00 249,527.50 249,691.05 249,457.00 4.44% Mercedes-Benz Fin NA Corporate A 4.25%3/10/2029 3/10/2026 984 380,000.00 379,840.40 379,856.56 375,341.20 4.27% Roche Holdings Inc AA 5.34%11/13/2028 1/9/2024 867 400,000.00 413,416.00 406,792.53 408,233.20 4.56% Corporate Notes Subtotal 1,255 20,425,000.00 20,443,239.30 20,433,424.50 20,302,680.98 4.42% Bank Notes
Morgan Stanley A+4.21%2/8/2030 2/2/2026 1,319 435,000.00 435,000.00 435,000.00 429,318.03 4.21% Morgan Stanley A+4.21%2/8/2030 2/2/2026 1,319 390,000.00 389,910.30 389,919.98 384,905.82 4.22% Truist Fin Corp A 4.14%10/23/2029 1/23/2026 1,211 810,000.00 807,205.50 807,510.45 800,530.29 4.23% Bank Notes Subtotal 3,849 1,635,000.00 1,632,115.80 1,632,430.43 1,614,754.14 4.23% ACMBS
FNA 2018-M2 AA+2.93%1/1/2028 4/8/2025 550 761,099.35 739,515.05 748,651.93 744,620.03 4.07% FNA 2018-M2 AA+4.25%5/1/2031 6/29/2026 1,766 590,000.00 582,809.38 582,707.65 581,760.65 4.53% Federal Home Loan Mortgage Corporation AA+3.60%1/1/2028 7/24/2024 550 839,605.36 811,235.89 826,269.83 829,210.21 4.64% Federal Home Loan Mortgage Corporation AA+3.30%11/1/2027 7/5/2024 489 450,000.00 427,552.73 440,206.87 443,737.80 4.90% Federal Home Loan Mortgage Corporation AA+3.29%11/1/2027 7/5/2024 489 900,000.00 854,156.25 879,995.84 886,540.50 4.91% Federal Home Loan Mortgage Corporation AA+2.31%10/1/2027 1/11/2024 458 391,699.02 369,482.34 383,536.48 385,383.27 3.91% Federal Home Loan Mortgage Corporation AA+2.12%3/1/2029 4/15/2025 975 930,000.00 859,487.11 879,818.12 879,129.93 4.20% Federal Home Loan Mortgage Corporation AA+4.38%12/1/2028 1/5/2024 885 448,041.24 444,575.92 446,310.51 447,197.57 4.55% Federal Home Loan Mortgage Corporation AA+4.82%6/1/2028 1/22/2024 702 575,000.00 581,064.45 577,718.15 577,570.83 4.56% Federal Home Loan Mortgage Corporation AA+4.65%8/1/2028 9/14/2023 763 850,000.00 837,425.95 844,128.68 851,629.45 4.99% Federal Home Loan Mortgage Corporation AA+4.80%9/1/2028 9/28/2023 794 840,000.00 829,959.48 835,101.59 844,362.96 5.07% Federal Home Loan Mortgage Corporation AA+4.74%8/1/2028 10/19/2023 763 845,000.00 826,464.08 836,163.21 848,296.35 5.25% Federal Home Loan Mortgage Corporation AA+4.85%9/1/2028 10/31/2023 794 635,000.00 614,754.30 624,894.19 638,541.40 5.60% Federal Home Loan Mortgage Corporation AA+5.07%10/1/2028 11/21/2023 824 310,000.00 309,103.79 309,548.95 313,310.49 5.14% Federal Home Loan Mortgage Corporation AA+5.07%10/1/2028 1/22/2024 824 405,000.00 413,922.66 409,602.51 409,324.99 4.55% Federal Home Loan Mortgage Corporation AA+4.86%10/1/2028 12/7/2023 824 475,000.00 473,635.33 474,309.26 478,282.25 4.93% Federal Home Loan Mortgage Corporation AA+5.00%11/1/2028 12/21/2023 855 396,033.43 399,731.59 397,950.38 400,022.68 4.79% Federal Home Loan Mortgage Corporation AA+4.72%12/1/2028 1/18/2024 885 485,000.00 489,844.67 487,580.33 486,770.74 4.50% Federal Home Loan Mortgage Corporation AA+4.57%12/1/2028 2/8/2024 885 500,000.00 504,999.50 502,685.41 500,014.00 4.34% Federal Home Loan Mortgage Corporation AA+4.57%12/1/2028 6/6/2024 885 350,000.00 344,531.25 346,855.74 350,009.80 4.95% Federal Home Loan Mortgage Corporation AA+5.40%1/1/2029 6/3/2024 916 840,000.00 849,154.69 845,344.13 855,398.88 5.14% Federal Home Loan Mortgage Corporation AA+4.72%5/1/2029 7/25/2024 1,036 695,000.00 699,267.99 697,722.03 698,444.42 4.58% Federal Home Loan Mortgage Corporation AA+4.54%7/1/2029 8/15/2024 1,097 770,000.00 777,202.58 774,656.96 771,238.16 4.33% Federal Home Loan Mortgage Corporation AA+4.51%7/1/2029 10/25/2024 1,097 850,000.00 851,261.72 850,860.25 849,841.90 4.47% Federal Home Loan Mortgage Corporation AA+4.79%9/1/2029 10/16/2024 1,159 500,000.00 509,993.50 506,790.34 504,291.00 4.34% Federal Home Loan Mortgage Corporation AA+4.17%11/1/2030 12/5/2025 1,585 530,000.00 534,677.25 534,186.97 522,932.98 3.97% ACMBS Subtotal 874 16,161,478.40 15,935,809.45 16,043,596.31 16,097,863.24 4.68% City Operating Total 974 $92,183,518.89 $91,242,299.45 $91,784,785.29 $91,370,030.23 4.09% First American Treasury Oblig. Fund AAAm 3.14%7/1/26 6/30/26 1 618,037.25 618,037.25 618,037.25 618,037.25 3.14% LAIF-Successor Agency NR 3.92%7/1/26 6/30/26 1 330,416.99 330,416.99 330,416.99 330,416.99 3.92% Successor Agency
134

Issuer
S&P
Rating Coupon Maturity Purchased
Days to
Maturity
Par
Amount
Original
Cost
Adjusted
Cost
Market
Value
Yield to
Maturity
City of Rancho Mirage
as of June 30, 2026
Investment Detail
Cash Equivalents Subtotal 1 948,454.24 948,454.24 948,454.24 948,454.24 3.41% U.S. Treasuries
U.S. Treasury AA+1.25%3/31/2028 10/24/2024 640 230,000.00 209,605.47 219,271.14 218,787.50 4.04% U.S. Treasury AA+1.25%3/31/2028 12/16/2024 640 745,000.00 677,746.29 708,103.74 708,681.25 4.22% U.S. Treasury AA+1.25%9/30/2028 1/6/2026 823 500,000.00 470,683.59 475,660.79 468,945.50 3.52% U.S. Treasuries Subtotal 701 1,475,000.00 1,358,035.35 1,403,035.67 1,396,414.25 3.96% Successor Agency Total 418 $2,423,454.24 $2,306,489.59 $2,351,489.91 $2,344,868.49 3.74% First American Treasury Oblig. Fund AAAm 3.13%7/1/26 6/30/26 1 1,303,119.14 1,303,119.14 1,303,119.14 1,303,119.14 3.13% Cash Equivalents Subtotal 1 1,303,119.14 1,303,119.14 1,303,119.14 1,303,119.14 3.13% City Assessment District Bond Funds Total 1 $1,303,119.14 $1,303,119.14 $1,303,119.14 $1,303,119.14 3.13% Portfolio Total 947 $95,910,092.27 $94,851,908.18 $95,439,394.34 $95,018,017.86 4.07% Rancho Mirage Energy Authority Lockbox NR 0.00%7/1/26 6/30/26 1 332,304.94 332,304.94 332,304.94 332,304.94 0.00% Rancho Mirage Energy Authority ICS Sweep NR 0.00%7/1/26 6/30/26 1 17,733,280.03 17,733,280.03 17,733,280.03 17,733,280.03 3.50% Rancho Mirage Energy Authority Subtotal 1 18,065,584.97 18,065,584.97 18,065,584.97 18,065,584.97 3.44% Grand Total 796 $113,975,677.24 $112,917,493.15 $113,504,979.31 $113,083,602.83 3.42% Market prices are derived from closing bid prices as of the last business day of the month as supplied by Interactive Data,Bloomberg Finance L.P. or Telerate. Where prices are not available from generally recognized sources the securities are priced using a yield-based matrix system to arrive at an estimated market value. Prices that fall between data points are interpolated.

Rancho Mirage Energy Authority
City Assessment District Bond Funds
135

Balance Investment Type
Operating Cash 2,588,218.05$ City Pool
Endowment Cash 519,566.00 City Pool
Endowment Total 519,566.00
Total Cash 3,107,784.05$
Library Foundation Investment Summary
As of June 30, 2026
136

1 Joseph Carpenter, PHR
From:Joseph Carpenter, PHR
Sent:Friday, August 14, 2026 3:38 PM
To:City Council
Cc:Kofi Antobam, CPA,CFE,CIA; Isaiah Hagerman, CPA
Subject:June 30, 2026 Quarterly Treasurer's Report
Attachments:Rancho Mirage Quarterly Report _6-30-26.pdf City Council,
Attached is the June 30, 2026, Quarterly Treasurer’s Report. This report will be on the September 3rd Council agenda as a receive and file item. The City’s Investment Policy requires that the City Council receive the report no later than 45 days after the end of the quarter. This email will be attached to the staƯ report for record keeping purposes noting the 45-day requirement was met.

If you have any questions regarding the attached report please don’t hesitate to contact me, Mr. Antobam, or Mr.

Hagerman.

Thank you,
ATTACHMENT 2
137

City Council Staff Report

Contracts

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5H.

Presented To Presented By
Mayor and City Council Kofi Antobam, Director of Administrative Services

RECOMMENDED ACTION
Approve the terms of the contracts as presented and authorize the City Manager to execute the subject contracts.

DISCUSSION
Attached hereto is a contracts list that staff is requesting the City Council to approve. These are contracts for Fiscal Year 2026-2027 for services for which costs and terms were negotiated.

Attachments
Attachment 1 - Contract List
138

ATTACHMENT 1
Contracts List
# Name Terms Scope Effective
Date
Expiration
Date
Compensation Sole
Source
Yes/No
Departments Staff
1 Glass Box Technology 5 Years Equipment Purchase, Licensing and Maintenance Service.
09/03/2026 08/31/2031 $270,000.00 Yes Information
Services
Pablo Navarro
2 Spatial Solutions &
Services.
1 Year GIS Services. 12/02/2026 12/01/2027 $70,000.00 No Information Services
Jason Jaurigue
3 Interstate Striping, Inc. 8 Months CP 26-403 – Citywide Striping. 09/03/2026 06/30/2027 $132,819.45 No Public Works Ryan Stendell 4 Romero General
Construction
8 Months CP 26-405 – Pavement
Rehabilitation.
09/03/2026 06/30/2027 $383,383.00 No Public Works Ryan Stendell 5 Granite Construction 4 Months Amendment CP 14-213 –
Congestion Mitigation & Sand
Fence Installation.
09/03/2026 12/31/2026 $66,892.93 No Public Works Ryan Stendell 6 Coachella Valley Waer
District
N/A Purchase and Sale Agreement
for Real Property.
09/03/2026 N/A $65,000.00 N/A Public Works Ryan Stendell

139

CONTRACT SUMMARY
FROM: Pablo Navarro, Information Services
DATE: September 3, 2026
SUBJECT: Scale Computing HCI Replacement – Glass Box Technology

Background:

The City’s production servers and core applications at City Hall currently operate on a Dell VxRail hyperconverged infrastructure (HCI) platform using VMware. The platform has reached its end-of-support milestone, increasing the risk of hardware failure, extended downtime, security exposure, and rising maintenance and licensing costs.

Replacement is necessary to maintain reliable, secure, and fully supported infrastructure for essential City operations.

Staff recommends replacing the existing system with a Scale Computing cluster. The proposed solution includes all-NVMe storage, SC//HyperCore software, five years of hardware support and licensing, onsite installation, managed migration services, and centralized management. This platform will provide high availability, simplified administration, improved performance, and a fully supported technology lifecycle for the next five years.

This investment aligns with the direction established during the City Council Budget Study session and strengthens our overall cybersecurity posture. Because Scale Computing is already deployed within the City’s IT environment, procuring the same platform provides operational compatibility and continuity that an alternative HCI solution cannot match. Introducing a different platform would require a separate management, licensing, training, and support model, thereby diminishing the disaster-recovery benefits of standardization. Staff therefore recommends proceeding with a sole-source purchase of the Scale Computing solution.

Fiscal Impact:

Funding for this purchase is included in the approved Fiscal Year 2026/2027 budget. The total cost is approximately $270,000 (excluding applicable sales tax and freight) and includes 60 months of hardware licensing, maintenance, and support.

140

CONTRACT SUMMARY
FROM: Jason Jaurigue, Director of Information Services DATE: September 3, 2026
SUBJECT: Spatial Solutions & Services – GIS Contracted Services ____________________________________________________________________

Background:

The City of Rancho Mirage currently has a contract with Spatial Solutions & Services for GIS services, which includes maintaining and updating our GIS database for traffic control, wireless assets, zoning, and parcel information. This contract is set to expire on December 1, 2026. If a contract extension or a new agreement is not established, the City may experience disruptions in GIS services.

To maintain uninterrupted GIS services, staff recommends amending the current contract with Spatial Solutions & Services. The amendment will extend the contract term through December 1, 2027, at an hourly rate of $110.00, with total compensation not to exceed $70,000. This hourly rate aligns with industry standards and reflects the complexity of the required GIS services, while the overall limit adequately covers the anticipated workload.

Fiscal Impact:

The proposed contract amendment is budgeted within the 2026/27 fiscal year. The amendment extends the contract through December 1, 2027, with hourly billing at $110.00 and total expenditures for this period not to exceed $70,000.

141

CONTRACT SUMMARY
FROM: Ryan Stendell, Assistant City Manager
DATE: September 3, 2026
SUBJECT: Award of Contract for Citywide Striping (CP 26-403)

Background:

The City maintains approximately 91-miles of public roadways with pavement markings that require routine maintenance to maintain visibility and support safe travel throughout the network. This project aims to refresh the existing striping and pavement markings using one coat of reflective traffic paint.

Discussion:

On August 20, 2026, the City received five sealed bids for the subject project. The following are the results of the bidding:

Contractor Total Bid
Interstate Striping, Inc. $132,819.45
Cal Stripe Inc. $178,438.10
Specialized Pavement Marking (SPM) $194,479.72
Chrisp Company $205,188.05
WGJ Enterprises, Inc., dba PCI $358,815.24

The bid submitted by Interstate Striping, Inc. was analyzed and found to be responsive.

The contractor's license status and references were evaluated and are in order.

Fiscal Impact:

Staff recommends a contract be awarded to the lowest responsive bidder, Interstate Striping, Inc. in the amount of $132,819.45. Sufficient funds have been budgeted for the project from Gas Tax or Measure A Local Funds, and no budget adjustment is required.

Attachment:

1. Citywide Striping Map

142

143

CONTRACT SUMMARY

FROM: Ryan Stendell, Assistant City Manager

DATE: September 3, 2026

SUBJECT: Contract Award for Bob Hope Drive Pavement Rehabilitation Project, CP 26-405 to the lowest responsive bidder, Romero General Construction, in the amount of $383,383.00.

JUSTIFICATION OR INFORMATION

While reviewing the streets included in the annual REAS Slurry Seal schedule, staff observed two areas with extensive alligator cracking and indications of underlying pavement base failure.

Slurry seal is a surface treatment and will not adequately address this level of deterioration. The proposed rehabilitation work will repair these failed pavement areas prior to the slurry seal application.

The project includes pavement rehabilitation on Bob Hope Drive from Dinah Shore Drive to just south of Ginger Rogers Road and on an approximately 1,000-foot section of Via Vail. On Bob Hope Drive, the work is limited to the southbound direction, primarily within the #2 or outside lane. On Via Vail, the work extends across the full width of the street.

On August 5, 2026, the City received 14 sealed bids for the subject project. The following are the results of the bidding:

Contractor Total Bid
Romero General Construction $383,383.00
LCR Earthwork & Engineering $385,870.50
Calmex Engineering, Inc. $387,613.00
Hardy & Harper Inc. $406,000.00
Granite Construction $412,000.00
Allied Paving Company $413,602.00
RJ Noble Company $416,219.00
Vance Corporation $428,857.80
Matich Corporation $432,907.00
LC Paving $437,491.00
Onyx Paving Company, Inc. $466,000.00
Horizon Underground LLC $499,963.90
Geo Paving & Seal Coating $648,815.00
All American Building Services $813,106.25

144

AGENDA ITEM #

The bid submitted by Romero General Construction 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 (236), or Gas Tax (224) Funds and no budget adjustments are required. If the contract is awarded, work will begin following contract execution and be completed before the upcoming slurry seal project.

Attachment:

1. Vicinity Map
145

VICINITY MAP

Bo
b

H
o
p
e

D
r

Dinah Shore Dr
Via Vail
Ginger Rogers Rd
N
146

CONTRACT SUMMARY

FROM: Ryan Stendell, Assistant City Manager

DATE: September 3, 2026

SUBJECT: Amendment to the Construction Agreement with Granite Construction in the amount of $66,892.93 for final quantity adjustments related to CP 14- 313 Congestion Mitigation & Sand Fence Installation, CMAQ Project 5412 (016).

BACKGROUND:

On January 15, 2026, the City Council awarded CP 14-313 Congestion Mitigation and Sand Fence Installation, CMAQ Project 5412 (016) to Granite Construction in the amount of $1,677,520.00.

DISCUSSION:

The project was bid and constructed under a unit-price contract, with final payment based on the actual quantities of work completed. Upon completion of the work and reconciliation of the final quantities, the total value of completed bid-item work exceeded the quantities estimated in the original bid proposal.

The net increase attributable to final measured quantities and verified by staff is $66,892.93. This amount reflects payment for actual work completed under the original contract bid items.

FISCAL IMPACT:

Funding for the additional cost is available within the project's CMAQ and local matching fund budgets. Approval of this amendment will increase the construction contract with Granite Construction by $66,892.93, and will close out the billing on this project.

147

CONTRACT SUMMARY

FROM: Ryan Stendell, Assistant City Manager

DATE: September 3, 2026

SUBJECT: Authorization for the City Manager to enter into a Purchase and Sale Agreement (PSA) in an amount not to exceed $65,000, with the Coachella Valley Water District (CVWD) for approximately 26,500 square-feet of real property at the intersection of Key Largo and Via Vail.

JUSTIFICATION OR INFORMATION

The City has been preparing to complete the intersection improvements at Key Largo and Via Vail, including all subgrade utilities. To complete this project, it is necessary to acquire portions of property currently owned by CVWD abutting both Via Vail and Key Largo. Staff began negotiating the value of this property back in February of this year, with both parties conducting appraisal reports. On August 11th staff issued a Non-Binding Offer to Purchase to CVWD in the amount of $64,700, subject to approval by the City Council.

This property acquisition will serve as needed right-of-way to complete the intersection of Via Vail and Key Largo (exhibit attached). These improvements are necessary with the construction and planning of Affordable Housing Projects along Via Vail. The PSA will be presented to the CVWD Board of Directors as well, and if approved by both agencies, staff can complete the transaction and transfer the lands.

FISCAL IMPACT:

Total project cost for the proposed right-of-way is $64,700 and sufficient funds are available in the approved FY 26-27 Budget. No budget adjustment is required.

Staff was notified in April of this year that the City was successful in receiving a $5-million federal grant from the US Department of Housing and Urban Development to help construct the Via Vail roadway improvements. This expenditure for right-of-way will ultimately be reimbursed by the federal grant.

Attachments:

1. Vicinity Map

2. Federal Grant Award Letter
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150

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152

City Council Staff Report

Demands

DATE ITEM #
September 3, 2026 CONSENT CALENDAR - 5I.

Presented To Presented By
Mayor and City Council Kofi Antobam, Director of Administrative Services

RECOMMENDED ACTION
Approve the demands as presented.

Attachments
Attachment 1 - Demands
153

69-825 Highway 111 | Rancho Mirage | California 92270
760.324.4511
www.ranchomirageca.gov
We hereby accept as files checks issued thru August 28, 2026 City Funds $ 7,908,916.91
ordered paid as stated below.

Date: September 3, 2026 ____________________________
Mayor
DEMANDS\GEN
ATTACHMENT 1
154

City of Rancho Mirage

A/P CASH DISBURSEMENTS JOURNAL
Report generated: 07/16/2026 11:46
User:alexanderh
Program ID: apcshdsb