HomeMy WebLinkAboutRecorded Doc 2023-019 RECORDING REQUESTED BY: 2023-0064099
CITY CLERK
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Recorded in Official Records
City Clerk County of Riverside
ofCathedral CityPeter
Aldana
City Assessor-County Clerk-Recorder
0 Avenida Lal Guerrero Cathedral
9 ii
KE I�I� ORIII III 1948
Cathedral City, CA 2234
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF CATHEDRAL CITY
IMPROVEMENT AGREEMENT
TRACT NO. 32557
DATE OF AGREEMENT:
NAME OF DEVELOPER: EMP1 , LLC,
a California Limited Liability Company (hereinafter referred to as "Developer").
NAME/NUMBER OF DEVELOPMENT:
Tract No. 32557, a residential subdivision located north of Diamond Road, in the Southwest
quarter of Section 8, T4S, R5E, SBM, in the City of Cathedral City
PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this
Agreement is located in the City of Cathedral City, County of Riverside and is described in
Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property").
DESCRIPTION OF IMPROVEMENTS: See Exhibit "B"
THIS IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by
and between the City of Cathedral City, a California municipal corporation (hereinafter referred
to as "City"), and EMP1, LLC, a California Limited Liability Company (hereinafter referred to as
"Developer"). City and Developer are sometimes referred to hereinafter individually as a "Party",
and collectively as the "Parties".
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RECITALS
A. Developer is the owner of certain real property located in the City of Cathedral City
legally described in Exhibit "A" attached hereto and incorporated and made part of this
Agreement by this reference (the "Property").
B. The Property includes Tract No. 32557, a final subdivision map previously
approved and recorded, pursuant to Tentative Tract No. 32557, as originally approved by City
Council by Resolution No. 2005-9 on January 26, 2005. All the requirements and conditions of
approval imposed on Tentative Tract No. 32557 are incorporated into this Agreement by this
reference as if set forth fully herein.
C. The original subdivider of Tract No. 32557, Palm Springs Classic, LLC, executed a
subdivision agreement on November 9, 2005, with the City and initiated construction of the
public and private improvements within the tract, but did not complete the work.
D. Developer now desires to construct single family residences on the Property and
to complete the remaining public and private improvements related thereto as required as
conditions of approval of Tentative Tract No. 32557.
E. Developer agrees to assume the responsibility from Palm Springs Classic, LLC, for
the construction and completion of the incomplete and unfinished portions of the public and
private improvements which are currently the responsibility and obligation of Palm Springs
Classic pursuant to its Subdivision Improvement Agreement with City, by its execution of a
Termination, Release and Assumption Agreement ("TRA") with Palm Springs Classic, LLC, and
City, to be executed concurrently with this Agreement.
F. In consideration of the issuance by City of building permits to Developer to
construct single family residences on the lots and properties in Tract No. 32557 described in
Exhibit "A" (the "Development"), and of City's inspection of said residences and issuance of
certificates of occupancy therefor upon their completion, Developer agrees to enter into this
Agreement to complete at its own expense all of the public and private improvements and land
development as required by the conditions of approval of Tentative Tract No. 32557 as related
to said lots. Developer has secured this Agreement with sufficient improvement securities in a
form approved by the City Attorney (referred to collectively hereinafter as "Improvement
Securities" and individually as "Improvement Security") to guarantee the construction and
completion of all of the improvements.
G. Improvement Plans (the "Plans") for the construction, installation, and completion
of the public and private improvements have been or will be prepared by Developer, subject to
approval by the Director of Engineering. The City has adopted standards (hereinafter
"Standards") for the construction and installation of improvements within the City, and the Plans
have been or will be prepared in conformance with such Standards. The Plans are or will be on
file in the Office of the Director of Engineering and are incorporated into this Agreement by this
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reference as if set forth fully herein. All references in this Agreement to the Plans shall be
deemed to include reference to any specifications for all of the improvements as approved by
the Director of Engineering.
H. An estimate of the cost for construction of the public and private improvements
and performing the land development work in connection with the improvements according to
the Plans has been made and approved by the Director of Engineering The estimated cost of
these improvements is attached hereto as Exhibit "C" and incorporated and made part of this
Agreement by this reference. The amounts of the Improvement Securities required to be posted
with this Agreement are also based upon the estimates in Exhibit "C". The estimated cost of the
sewer and water improvements in Exhibit "C" were prepared and submitted by Desert Water
Agency (DWA), which will be the owner and operator of the sewer and water system upon their
completion by EMP1 and acceptance by DWA.
NOW, THEREFORE, in consideration of the issuance by City of building permits
to Developer to construct single family dwellings on the lots and properties described as "the
Property" in Exhibit "A", and of City's inspection of said residences and issuance of certificates
of occupancy therefor upon their completion, Developer and City hereby agree as follows:
1. Subdivider's Obligation to Construct Improvements.
(a) In constructing and installing the Improvements (as hereinafter defined),
Developer shall comply with all the requirements and conditions of the Tentative Map, and any
amendments thereto, as well as the provisions of the Subdivision Laws.
(b) Developer shall complete, at its own expense, all the public and private
improvements and related work on the Subdivision, as required by the conditions of approval of
the Tentative Map in conformance with the approved Plans and City Standards, including
without limitation, those improvements set forth in Exhibits "B" and "C", (hereinafter collectively
the "Improvements"), within twelve (12) months of the date of execution of this Agreement
unless a time extension is granted by the City as authorized by Section 18 of this Agreement.
(c) Notwithstanding the time limits specified in Section 1(b) above, no single family
dwelling unit or group of units shall be given final inspection and clearance for occupancy by
City unless the public or private streets providing access to and fronting such units are
completed, the final lifts of pavement on the streets are in place, and all wet and dry utility
services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and
are operational.
(d) Developer shall furnish the necessary materials for completion of the
Improvements in conformity with the Plans and City Standards.
(e) Developer shall acquire and dedicate, or pay the cost of acquisition by the City, of
all right-of-way, easements and other interests in real property required for construction or
installation of the Improvements, free and clear of all liens and encumbrances. Developer's
obligations relating to acquisition by City of off-site rights-of-way, easements and other interests
in real property shall be subject to a separate agreement between Developer and City.
Developer shall also be responsible for obtaining any public or private easements or
authorizations therefor to accommodate the Subdivision.
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(g) Developer shall furnish and install all monuments, stakes and property corners as
specified on the final map for the Subdivision in accordance with the provisions of the
Subdivision Laws, and submit centerline tie sheets to City, within thirty (30) days after
completion of the Improvements, or as specified in any separate monument agreement with the
City, but in any event prior to their acceptance by the City.
2. Improvement Securities.
(a) Developer shall at all times guarantee Developer's performance of this Agreement
by furnishing and maintaining good and sufficient Improvement Securities with the
City as required by the Subdivision Laws on forms approved by City for the
purposes and in the amounts as follows:
Private Street and Drainage Improvements:
(i) One Hundred Ninety Five Thousand Three Hundred DOLLARS ($
195,300.00) to ensure faithful performance of the construction and installation of the
Improvements required by this Agreement ("Performance Security"), which amount is
100% of the estimated cost of the public and private improvements as set forth in Exhibits
"C-2 and C-3"; and
(ii) Ninety Seven Thousand Six Hundred Fifty DOLLARS ($ 97,650.00) to
secure payment to any contractor, subcontractor, persons renting equipment or
furnishing labor materials for the Improvements required to be constructed or installed
pursuant to this Agreement ("Labor & Materials Security"), which amount is 50% of the
estimated cost of the Improvements; and
(iii) Nineteen Thousand Five Hundred Thirty DOLLARS ($ 19,530.00) in the
form of a Warranty Bond or cash deposit with the City to guarantee or warranty the
Improvement work done pursuant to this Agreement for a period of one (1) year following
acceptance/certification thereof by City, against any defective work or labor done or
defective materials furnished ("Warranty Security"). The Warranty Security is 10% of the
estimated cost of the Performance Security amount described above, and such Warranty
Security must be provided by Developer to City prior to the City's release of any bonds or
Improvement Securities filed with this Agreement; and
Sewer Improvements:
(iv) One Hundred Fifty Thousand DOLLARS ($ 150,000.00) to ensure faithful
performance of the construction and installation of the sewer improvements required by
Desert Water Agency, which is 100% of the estimated cost of the sewer improvements as
set forth in Exhibit "C-3"; and
(v) Seventy Five Thousand DOLLARS ($ 75,000.00) to secure payment to any
contractor, subcontractor, persons renting equipment or furnishing labor materials for the
sewer improvements required to be constructed or installed pursuant to this Agreement
("Labor & Materials Security"), which amount is 50% of the estimated cost of the sewer
improvements; and
(vi) Fifteen Thousand DOLLARS ($ 15,000.00) in the form of a Warranty Bond
or cash deposit with the City to guarantee or warranty the sewer Improvement work done
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pursuant to this Agreement for a period of one (1) year following acceptance/certification
thereof by Desert Water Agency, against any defective work or labor done or defective
materials furnished ("Warranty Security"). The Warranty Security is 10% of the estimated
cost of the Performance Security amount described above in Sec. (v), and such Warranty
Security must be provided by Subdivider to City prior to the City's release of any bonds or
Improvement Securities filed with this Agreement; and
Water Improvements:
(vii) Two Hundred Thirteen Thousand DOLLARS ($ 213,000.00) to ensure
faithful performance of the construction and installation of the water improvements
required by Desert Water Agency, which is 100% of the estimated cost of the water
improvements as set forth in Exhibit "C-3"; and
(viii) One Hundred Six Thousand Five Hundred DOLLARS ($ 106,500.00) to
secure payment to any contractor, subcontractor, persons renting equipment or
furnishing labor materials for the water improvements required to be constructed or
installed pursuant to this Agreement ("Labor & Materials Security"), which amount is 50%
of the estimated cost of the water improvements; and
(ix) Twenty One Thousand Three Hundred DOLLARS ($ 21,300.00) in the form
of a Warranty Bond or cash deposit with the City to guarantee or warranty the water
Improvement work done pursuant to this Agreement for a period of one (1) year following
acceptance/certification thereof by Desert Water Agency, against any defective work or
labor done or defective materials furnished ("Warranty Security"). The Warranty Security
is 10% of the estimated cost of the Performance Security amount described above in
Sec. (viii), and such Warranty Security must be provided by Developer to City prior to the
City's release of any bonds or Improvement Securities filed with this Agreement; and
Monuments:
(x) Three Thousand Three Hundred DOLLARS ($ 3,300.00) in the form of a cash
deposit, which is 100% of the estimated cost of setting final subdivision monuments,
boundary corners, front and rear lot corners and providing centerline ties
("Monumentation Security") as set forth in Exhibit "C-2".
(b) The Improvement Securities required by this Agreement shall be kept on file with
the City Clerk. If surety bonds are used, they must be issued by a surety company currently
admitted to transact surety insurance business in California by the California Department of
Insurance, with a Best's Insurance Guide rating of no less than A-. The terms of any documents
evidencing such Improvement Securities as set forth in this Section 2 of this Agreement, are
incorporated into this Agreement by this reference as if set forth fully herein. If any
Improvement Security is replaced by another type or kind of approved Improvement Security,
subject to the approval of the form thereof by the City Attorney, the replacement shall be filed
with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated
into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the
City Clerk, the former Improvement Security shall be released.
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(c) Developer agrees to keep its Improvement Securities in full force and effect until
they are reduced or released by City. If any Improvement Security provided by Developer is
cancelled or terminated for any reason by the action of a surety, financial institution or other
party, it shall be the responsibility of the Developer to immediately, upon written notice from City,
provide a substitute Improvement Security which conforms to all the requirements of this
Section 2 in the same amount or amounts.
(d) Developer understands and agrees that the Desert Water Agency is the local
sewer and water purveyor, that the sewer and water improvements to be constructed will be
owned and operated by Desert Water Agency, and that the City will hold and administer the
Improvement Securities for the sewer and water improvements described herein on behalf of
and in cooperation with the Desert Water Agency.
(d) Except as otherwise provided in this Agreement, any additions, changes,
alterations, or modifications of this Agreement or to the Plans, Specifications and Improvements
referred to herein, including any extension of time within which the work hereunder may be
completed, shall not release or exonerate any surety or sureties on the Improvement Security
given in connection with this Agreement.
3. Alterations to Improvement Plans; Modification of City Standards.
(a) Any changes, alterations or additions to the Plans or to the Improvements, not
exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed
upon by City and Developer, shall not require Developer to increase any Improvement
Securities provided under this Agreement. In the event such changes, alterations, or additions
exceed 10% of the original estimated cost of the Improvements, Developer shall provide
additional Performance Security as required by Section 2 of this Agreement for 100% of the total
estimated cost of the Improvements as changed, altered, or amended, minus any completed
partial releases allowed by Section 5 of this Agreement. Developer shall also provide additional
Labor & Materials Security as required by Section 2 of this Agreement for 50% of the total
estimated cost of the Improvements as changed, altered, or amended.
(b) Developer shall construct all Improvements in accordance with the City Standards
in effect as of the date of the approval of this Agreement by the City Council . The City reserves
the right to modify the Standards applicable to the Subdivision and this Agreement, when
necessary to protect the public safety or welfare or to comply with applicable State or Federal
law or City zoning ordinances. If Developer requests and is granted an extension of time for
completion of the Improvements, the City may apply the Standards in effect at the time the
extension is granted.
4. Inspections; Final Acceptance and Certification of Improvements.
(a) Developer shall at all times maintain proper facilities and safe access for
inspection of the public and private improvements and the sewer and water improvements by
City and/or Desert Water Agency inspectors and to the shops wherein any work is in
preparation.
(b) Upon completion of the public and private improvements covered in this
Agreement, the Developer shall request a final inspection by the Director of Engineering or
his/her authorized representative. Following receipt of such request, the Director of Engineering
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shall inspect the Improvements, make certain determinations and take certain actions as
follows:
(i) If the Director of Engineering, or his/her authorized representative,
determines that the Improvements requiring acceptance or certification by the City have
been completed in accordance with this Agreement, then the Director of Engineering
shall certify the completion of the Improvements by placing a resolution on the next most
convenient City Council agenda seeking: (1) formal acceptance of the Public
Improvements or certification of the private improvements; (2) release of the
Improvement Securities; and (3) authorization to file and record a Notice of Completion.
Said determination by the Director of Engineering and agendization of the acceptance
and release shall not be unreasonably withheld or delayed. Any certification and/or
acceptance of the Improvements shall not constitute a waiver of any defects by City.
(ii) With regard to the sewer and water improvements which will be owned and
operated by Desert Water Agency (DWA), if the General Manager or Chief Engineer of
DWA, or his/her authorized representative, determines that the sewer and/or water
improvements requiring acceptance by DWA for public use have been completed in
accordance with this Agreement and DWA plans and specifications, then upon receipt of
written approval from the DWA General Manager, Chief Engineer or authorized
representative, the Director of Engineering shall certify the completion of the sewer
and/or water improvements by placing a resolution on the next most convenient City
Council agenda seeking: (1) formal acknowledgment of their acceptable completion; and
(2) release of the Improvement Securities posted therefor. Said determination by the
Director of Engineering and agendization of the acceptance and release shall not be
unreasonably withheld or delayed after receipt from said approval from Desert Water
Agency. Any certification and/or acceptance of the sewer or water improvements shall
not constitute a waiver of any defects by City or Desert Water Agency.
(c) Developer shall bear all costs of inspection and certification of all the
Improvements in the tract.
5. Release of Improvement Securities. Except as otherwise provided in this
Agreement (including, without limitation, in Section 31 of this Agreement entitled "Reversion to
Acreage"), the Improvement Securities shall be released only as specified in this Section. The
Performance Security shall be fully released only upon the final completion and certification of
all public and private improvements, and after acceptance or certification of the Improvements
by the City Council as specified in Section 4(b). Upon final completion of the public
improvements under this Agreement, and after City Council acceptance, the City shall file a
Notice of Completion in accordance with the California Civil Code.
(a) Partial releases of the Performance Security may be permitted subject to the
provisions of Subsections (a)(i) and (a)(ii) hereof:
(i) The Director of Engineering may release a portion of the Performance
Security, as work on the Improvements progresses, upon written application thereof by
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the Developer, provided, however, that no such release shall be considered by City until
the value of the work remaining to be completed is fifty percent (50%) or less of the
estimate of the total amount of work to be done as shown in Exhibit "B-1". Upon approval
of a partial release or the reduction of Performance Security, the City shall not reduce
such Performance Security to an amount less than one-hundred fifty percent (150%) of
the value of the work remaining to be done. City and Developer agree that not more than
two requests for reduction or partial release of Performance Security shall be considered
between the start of construction and the completion and acceptance/certification of the
Improvements by the City.
(ii) In no event shall the Director of Engineering authorize a release of the
Performance Security which would reduce such security to an amount below that
required to guarantee the completion of the Improvements and any other obligations
imposed upon Developer by this Agreement.
(iii) No partial reduction or release of the Performance Security shall constitute
or be construed as the City's acceptance of any Improvements or related work. Such
partial reductions or releases (if any) will merely reflect that a certain portion of the
required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation
of the Notice of Completion described in this Section 5, be reduced to an amount equal to the
total claimed by all claimants for whom liens have been filed and of which notice has been given
to City, plus an amount reasonably determined by the Director of Engineering to be required to
assure the performance of any other obligations secured by the Labor & Materials Security and
to cover legal costs. The balance shall be released upon the settlement of all claims and
obligations for which the Labor & Materials Security was given. If no claims or liens have been
filed and no notice has been given to City within said ninety (90) day period, then the Labor &
Materials Security shall be released in full.
(c) The Warranty Security shall not be released until after the expiration of the one-
year (1-year) warranty period and until any claims filed during the warranty period have been
settled. As provided in Section 9, below, the warranty period shall not commence until final
acceptance of the Improvements and related work by the City Council.
(d) The Monumentation Security may be released in full by the Director of Engineering
in accordance with the terms of the separate monument agreement with the City, or if there is
none, upon submittal of the following:
(i) a written certification from the professional engineer or surveyor responsible
for setting the monuments stating that all the final monuments, boundary corners and lot
corners for the Subdivision have been set in accordance with the Professional Land
Surveyors Act and the Subdivision Map Act, and that the professional engineer or
surveyor has been paid in full by Developer for such services; and
(ii) centerline tie sheets prepared in a manner acceptable to the Director of
Engineering showing the locations of centerline monuments in existing public or private
streets.
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(e) The Performance Security posted for the sewer or water improvements to be
owned and operated by Desert Water Agency, shall be fully released only upon the receipt from
Desert Water Agency of written approval thereof, as outlined in Section 4(b)(ii) above and after
approval thereof by the City Council. Partial releases of the performance security posted for
sewer and water improvements may be permitted subject to the provisions of Subsections (a)(i)
and (a)(ii) hereof only upon the Director of Engineering's receipt of written approval of the partial
release from the Desert Water Agency.
(f) The Labor & Materials Security posted for the sewer or water improvements to be
owned and operated by Desert Water Agency hall, ninety (90) days after the City's recordation
of the Notice of Completion described in this Section 5, be reduced to an amount equal to the
total claimed by all claimants for whom liens have been filed and of which notice has been given
to City, plus an amount reasonably determined by the Director of Engineering to be required to
assure the performance of any other obligations secured by the Labor & Materials Security and
to cover legal costs. The balance shall be released upon the settlement of all claims and
obligations for which the Labor & Materials Security was given. If no claims or liens have been
filed and no notice has been given to City within said ninety (90) day period, then the Labor &
Materials Security shall be released in full.
(g) Except as otherwise provided in the Subdivision Laws (including, without limitation,
Section 66499.19 of the California Government Code), the City may retain from any
Improvement Securities released an amount sufficient to cover costs and reasonable expenses
and fees actually incurred by the City, including reasonable attorneys' fees.
6. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Developer shall replace or repair, or cause the repair or replacement of any and all public or
private improvements, public utilities facilities and survey or subdivision monuments which are
destroyed or damaged as a result of any work done by Developer or its agents under this
Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public
or private improvements or utility property damaged or destroyed by reason of any work done by
Developer or its agents under this Agreement, whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political subdivision
thereof, or by the City or any public or private utility corporation or by any combination of such
owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to
the approval of the Director of Engineering and the owner of any such public or private
improvement.
7. Permits. Developer shall, at Subdivider's expense, obtain all necessary permits
and licenses for the construction and installation of the Improvements, give all necessary
notices and pay all fees and taxes required by law.
8. Notice of Breach/Default of Subdivider.
(a) Default of Developer shall include, but not be limited to: (1) Developer's failure to
timely complete construction of the Improvements; (2) Developer's failure to timely cure any
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defect in the Improvements; (3) Developer's failure to perform substantial construction work for
a period of twenty (20) calendar days after commencement of the work; (4) Developer's
insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary
or involuntary which Developer fails to discharge within thirty (30) days; (5) the commencement
of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in
avoidance of foreclosure; (6) Developer's failure to keep the Improvement Securities in full force
and effect; (7) Developer's failure to notify the City of any sale, transfer or other disposition of
the Property to a purported new developer; (8) Developer's failure to maintain insurance; or (9)
the failure of Developer or Developer's contractors, subcontractors, agents or employees to
comply with any other terms and provisions of this Agreement.
(b) In the event of any such default, the Director of Engineering or the City Council
may serve written notice to Developer specifying in reasonable detail the nature of the default.
Developer shall have thirty (30) days from receipt of said notice to cure the default; provided
that, if the default is not reasonably susceptible to being cured within said thirty (30) days,
Developer shall have a reasonable period of time to cure the default so long as Developer
commences to cure the default within said thirty (30) days and diligently prosecutes the cure to
completion.
(c) If following service of such written notice of default, Developer fails to cure or
commence curing the default to the satisfaction of City within the cure period specified in
Subsection 8(b), above, the Director of Engineering or the City Council may serve notice of
Developer's default upon Developer and where applicable Developer's surety, or the holder(s)
of any other Improvement Securities, in accordance with the notice provisions set forth in
Section 20 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 8(c), above,
Developer's surety shall have the duty to take over and complete the Improvements and related
work required under this Agreement; provided; however, that if the surety, within twenty (20)
days after the serving upon it of such notice of default, does not give the City written notice of its
intention to take over the construction of said Improvements or does not, within ten (10) days
after giving City notice of such election, commence to complete the Improvements, City may
take over the work and prosecute the Improvements to completion, by contract or by any other
method City may deem advisable, for the account and at the expense of Developer, and
Developer's surety shall be liable to City for any costs or damages occasioned City thereby;
and, in such event, City, without liability for so doing, may take possession of, and utilize in
completing the Improvements, such materials, appliances, plant and other property belonging to
Developer as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for
Developer's default under this Agreement. The City shall have the right, subject to this Section,
to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in
event of default by Developer. The right of City to draw upon or utilize the Improvement
Securities is additional to and not in lieu of any other remedy available to City. It is specifically
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recognized that the estimated costs and amounts of Improvement Securities may not reflect the
actual cost of construction or installation of the Improvements, and therefore, City's damages for
Developer's default shall be measured by the actual cost of completing the required
Improvements. The sums provided by the Improvement Securities may be used by City for the
completion of the Improvements in accordance with the Plans.
(f) Failure of Developer to comply with the terms of this Agreement, including but not
limited to, construction of all the Improvements as set forth herein and as required by the
Tentative Map, shall constitute Developer's consent to any or all of the following: (1) the filing by
City of a notice of violation against all of the lots in the Subdivision; (2) a rescission by the City
Council of the map approval; (3) action by City to otherwise revert the Subdivision to acreage
(subject to Section 31, below, of this Agreement); and (4) withholding of Building permits,
inspections, utility connections and/or Certificates of Occupancy. The remedies provided by this
Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or
in equity. Developer agrees that the choice of remedy or remedies for Developer's default or
breach shall be in the sole discretion of City.
(g) In the event that Developer fails to perform any obligation hereunder, Developer
agrees to pay all costs and expenses actually incurred by City in securing performances of such
obligations, including costs of suit and reasonable attorney's fees.
(h) The failure of City to take an enforcement action with respect to a default, or to
declare a default or breach, shall not be construed as a waiver of that default or breach, or of
any subsequent default or breach of Developer. Any failure by the City to enforce any provision
of this Agreement shall not be construed as a waiver of the right to compel enforcement of such
provision(s) and further shall not act to release any surety from its obligations under this
Agreement.
9. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council
of the public improvements, or by Desert Water Agency for sewer and water improvements,
Developer shall guarantee or warranty all such improvements against any defective work or
labor done or defective materials furnished. If within the warranty period any work relating to the
Improvements or any part of thereof furnished, installed, constructed or caused to be done,
furnished, installed or constructed by Developer fails to fulfill any of the requirements of this
Agreement or the Plans, Developer shall without delay and without any cost to City or Desert
Water Agency, as the case may be, commence to repair or replace or reconstruct any defective
or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of
receiving written notice from City, or Desert Water Agency, of the defect and diligently prosecute
the repair or replacement work to completion.
(b) Should Developer fail to act promptly or in accordance with the repair/replacement
requirements set forth herein, Developer hereby authorizes City and/or Desert Water Agency, at
City's or DWA's option, to perform the repair/replacement work twenty (20) days after mailing
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written notice to Developer and to Developer's surety, and Developer agrees to pay City and/or
DWA for the cost of such work.
(c) Should the City or DWA, in the case of sewer and water improvements, determine
that an emergency or a threat to the public safety and welfare exists from the condition of the
Improvements which require repairs, replacements or remedial measures to be made before
Developer can be notified, City and/or DWA may, in its sole discretion, make the necessary
repairs or replacements or perform the necessary work and Developer shall pay to City the cost
of such repairs.
10. Developer Not Agent of City. Neither Developer nor any of Developer's agents,
officers, employees, or contractors are or shall be considered to be agents of City in connection
with the performance of Subdivider's obligations under this Agreement.
11. Injury to Improvement Work; Risk of Loss. Until such time as the Public or
private Improvements, sewer improvements, and water improvements are accepted by City,
Developer shall be responsible for and bear the risk of loss to any of the Improvements
constructed or installed and shall be responsible for the care, maintenance of and any damage
to such Improvements. Neither City, nor any of its agents, officers or employees shall be liable
or responsible for any accident, loss or damage, regardless of cause, happening or occurring to
the Improvements specified in this Agreement prior to the completion and acceptance of the
Improvements by City. All such risks shall be the responsibility of and are hereby assumed by
Developer.
12. Other Agreements. Nothing contained in this Agreement shall preclude City from
expending monies pursuant to agreements concurrently or previously executed between the
Parties, or from entering into agreements with other developers for the apportionment of costs of
water and sewer mains, or other improvements, pursuant to the provisions of City ordinances
providing therefor, nor shall anything in this Agreement commit to any such apportionment.
13. Developer's Obligation to Warn Public During Construction. Until final
acceptance of the Public and private Improvements pursuant to Section 4(b)(i), and acceptance
of the sewer and water improvements by Desert Water Agency pursuant to Section 4(b)(ii),
Developer shall give good and adequate warning to the public of each and every dangerous
condition existent in said Improvements, and will take all reasonable actions to protect the public
from such dangerous conditions on or around the work site.
14. Vesting of Ownership. Upon acceptance of the Public Improvements and related
work on behalf of the City, and after recordation of the Notice of Completion, ownership of the
Public Improvements and any improvement constructed on any public street pursuant to this
Agreement shall vest in City. Ownership of the sewer and water improvements to be owned
and operated by Desert Water Agency shall vest in DWA after acceptance and recordation of a
Notice of Completion therefor, and after a Bill of Sale or other document of ownership transfer
as required by DWA has been executed.
Page 12 of 24
15. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof,
shall be liable for any injury to persons or property occasioned by reason of the acts or
omissions of Developer, its agents, subcontractors or employees in the performance of this
Agreement. Developer hereby agrees to, and shall defend (with legal counsel reasonably
acceptable to the City) and hold harmless City, its elective and appointive boards, commissions
and officers, and its agents, contractors and employees from and against any and all claims,
demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees,
expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising
out of or in connection with Developer's operations, or any subcontractor's operations, to be
performed under this Agreement for Developer's or subcontractor's tort negligence including
active or passive, or strict negligence, including but not limited to personal injury including, but
not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or
damage to property of anyone, including loss of use thereof, caused or alleged to be caused by
any act or omission of Developer or any subcontractor, or anyone directly or indirectly employed
by any of them or anyone for the full period of time allowed by law, with the exception of the sole
negligence or willful misconduct of City.
(b) Developer's indemnity, defense and hold harmless obligations under this Section
15 are not conditioned or dependent upon whether City, or its elective and appointive boards,
commissions and officers, or its agents, contractors and employees, prepared, supplied or
reviewed any Plans or related specifications in connection with the Improvements, or whether
City or Developer has insurance or other indemnification covering any of these matters.
(c) Developer's obligation to indemnify, hold harmless and defend City shall extend to
injuries to persons and damages to or alleged taking of property resulting from the design or
construction of the Improvements. City's acceptance and/or certification of the Improvements
shall not constitute an assumption by City of any responsibility or liability for any damage or
alleged taking of property referenced herein. City shall not be responsible or liable for the
design or construction of the Improvements constructed or installed pursuant to the Plans,
unless the particular Improvement design was required by City over the written objection of
Developer, which objection stated that the Improvement design was potentially dangerous or
defective and set forth a safe and feasible alternative design. After City's
acceptance/certification of the Improvements, Developer shall remain obligated to correct or
eliminate all dangerous conditions caused by defects in design or construction; provided,
however, that the Developer shall not be responsible for routine maintenance. Developer
acknowledges and agrees that Developer shall be responsible and liable for the design and
construction of the Improvements and other work done pursuant to this Agreement, and except
as may be provided above, City shall not be liable for any acts or omissions in approving,
reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving
any work or construction of Improvements. Developer's Improvement Securities shall not be
required to secure, and shall not secure, Developer's obligations under this Section 15.
Page 13 of 24
16. Sale or Disposition of Subdivision; Assignment.
(a) Developer acknowledges and agrees that sale, transfer or other disposition of the
Property prior to completion of the Improvements required hereunder will not relieve Developer
from the obligations set forth in this Agreement, and Developer shall be required to notify City
sixty (60) day in advance of any sale or transfer of ownership of the Property. If Developer sells
or otherwise transfers the Property to any other person or entity prior to final completion of the
Improvements, or wishes to assign this Agreement, Developer shall request a novation of this
Agreement and a substitution of Improvement Securities by the new owner or proposed
assignee (hereinafter collectively for purposes of this Section, "Successor"). Developer shall be
required to provide any documentation reasonably required by City to determine the
appropriateness of any proposed Successor.
(b) Any proposed Successor must demonstrate to the City its ability to perform and
complete the obligations of Developer under this Agreement, as determined by objective
standards of financial capability, creditworthiness and experience required for such
performance, and the City shall have the right to compel the Successor to disclose all
documents, information and other material which, in City's sole reasonable discretion, may
establish or tend to establish that the proposed Successor meets the standards specified herein.
Following approval by City and full execution of a novation (or other such release or assignment
and assumption agreement(s) entered into by Developer, Successor and City), posting of
satisfactory replacement Improvement Securities and submission of required insurance by
Successor, City shall immediately release the Improvement Securities posted by Developer in
accordance with the provisions of such novation (or other such release or assignment and
assumption agreement entered into by Developer, Successor and City), and Developer shall
have no further obligations under this Agreement except as otherwise provided in the novation
(or other such release or assignment and assumption agreement entered into by Developer,
Successor and City).
17. Time of the Essence. Time is of the essence in this Agreement.
18. Time for Completion of Improvements; Extensions.
(a) Developer shall commence and diligently prosecute to completion construction of
all the Improvements required by this Agreement. The time for completion of the
Improvements as specified in Subsection 1(b) of this Agreement may be extended as permitted
by City ordinance. The City Manager may also grant an extension of time for such period as
may be in the public interest upon the showing of the Developer of good cause. Any such
extension granted shall be subject to the limitations and conditions set forth in Subsections
18(b) and (c), below, and shall be made by a writing executed by the in a form as approved by
the City Attorney.
(b) Any such extension may be granted without notice to Developer's surety and shall
not affect the validity of this Agreement or release the surety or sureties on any Improvement
Securities given for this Agreement. However, City reserves the right to require as part of any
extension amendment a written assurance from the surety acceptable to the City Attorney that
Page 14 of 24
the Improvement Securities required by Section 2 of this Agreement shall remain enforceable
throughout the term of any extension.
(c) The City Manager shall be the sole and final judge as to whether or not good
cause has been shown to entitle Developer to an extension. In addition, the time for completion
of the Improvements shall be extended for any delay resulting from an act of City, or from an act
of God, which Developer could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or
labor organizations, which prevent the conducting of work, and which were not caused by or
contributed to by Developer, provided that Developer provides City with written notice of the
delaying event within fifteen (15) days of the commencement of the delay. In the event of such
delaying event, Developer shall use all reasonable efforts to remedy same and resume
completion of the Improvements as promptly as practicable.
(d) As a condition of granting an extension of time to complete the Improvements
required by this Agreement, the City Manager may require Developer to furnish new or
additional Improvement Securities guaranteeing performance of this Agreement as extended in
an increased amount as necessary to compensate for any increase in construction costs as
determined by the Director of Engineering.
(e) Any extension of time granted under this Section 18 shall be evidenced by an
Amendment to this Agreement in writing, executed by the City Manager and Subdivider, in a
form approved by the City Attorney, and shall require the written concurrence of the Developer's
surety.
19. No Vesting of Rights. Performance by Developer of this Agreement shall not be
construed to vest Developer's rights with respect to any change in any zoning or building law or
ordinance.
20. Notice. All notices required by or provided for under this Agreement shall be in
writing and delivered in person or sent by certified or registered mail, postage prepaid and
addressed as provided in this Section. Notice shall be effective on the date it is delivered in
person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be
addressed as follows unless a written change of address is filed with City:
Notice to City: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: City Manager
With a Copy to: Eric S. Vail, City Attorney
Burke, Williams & Sorensen, LLP
1600 Iowa Ave, Suite 250
Riverside, CA 92507
Page 15 of 24
Notice to Developer: EMP1, LLC
South Coast Corporate Center
3080 Bristol Street
Sixth Floor, Suite 630
Costa Mesa CA 92626
Attn: Jeffrey Benice, Manager
Phone: 714-641-0507
E-mail: jeffreybenice@jeffreybenice.com
With a Copy To:
Notice to surety: Everest Reinsurance Company
1340 Treat Blvd., Suite 450
Walnut Creek, CA 945597
21. Severability. The provisions of this Agreement may be severed from the
remainder of this Agreement in accordance with the provisions of this Section 21 and applicable
law. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or modified in
writing by the mutual consent of the Parties.
22. Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or
meaning of any provisions of this Agreement.
23. Insurance.
(a) Developer shall, at all times during the construction of the Improvements, obtain,
carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of
insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of
One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars
($2,000,000) in the aggregate for bodily injury, death, personal injury and property
damage arising out of or in connection with the activities of the Developer and its
contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General
Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other
coverages specified in this subsection, include coverage for independent contractors,
ongoing operations, products and completed operations, contractual liability and personal
and advertising injury.
(ii) Commercial Vehicle/Automotive Liability policy covering personal injury and
property damage, with minimum limits of One Million Dollars ($1,000,000) per
Page 16 of 24
occurrence, combined single limit, covering any vehicle utilized by Developer, its officers,
agents, employees, subcontractors or independent contractors in performing the work
required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Developer's
employees, with Workers' Compensation limits as required by State law and Employer's
Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any
work is sublet, Developer shall require any contractor or subcontractor similarly to provide
Workers' Compensation and Employer's Liability Insurance for all contractor's or
subcontractor's employees, unless such employees are covered by the protection
afforded by Developer.
(1) In case any class of employees engaged in work under this Agreement at
the work site(s) is not protected under any Workers' Compensation law, Developer
shall provide and shall cause each contractor or subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
(2) Developer hereby indemnifies City for any damages or claims resulting from
failure of either Developer or any contractor of subcontractor to take out or
maintain such liability or Workers' Compensation insurance.
(b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies
required by this Section shall be issued by a California-admitted insurer with a rating of at least
a B+; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy
issued by an insurer that is on the California Department of Insurance's List of Approved
Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can
be obtained by Developer, and further provided that such insurer maintains a Best's rating of at
least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation
coverage issued by the State Compensation Insurance Fund shall be acceptable if no other
coverage can be obtained by Developer, and further provided such insurer remains admitted in
California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self-insured retentions must be declared in writing
by Developer to City and subsequently approved by City prior to its execution of this Agreement
and prior to commencement of any work hereunder. At City's option, Developer shall either
reduce or eliminate the deductibles or self-insured retentions with respect to City, or Developer
shall procure a bond guaranteeing payment of losses and expenses.
(d) Certificates and Endorsements Verification. Developer shall submit to the City
original certificates of insurance and endorsements evidencing the coverages required by this
Section. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be approved by City Attorney prior to the City's issuance of any permits for
work on or in Tract 32557. The City reserves the right to require complete, certified copies of all
required insurance policies at any time and/or to require Developer to provide reports or status
updates to evidence compliance of its contractors and subcontractors with the provisions of this
Section.
Page 17 of 24
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive
Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Cathedral City, its officials, officers,
employees, agents and independent contractors shall be named as additional
insured with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Developer; and with respect to liability arising out
of work or operations performed by or on behalf of the Developer including
materials, parts or equipment furnished in connection with such work or
operations.
(2) Primary Insurance. For any claims related to this project, the Developer's
insurance coverage shall be primary insurance as respects the City of Cathedral
City, its officials, officers, employees, agents and independent contractors. Any
insurance or self-insurance maintained by the City of Cathedral City, its officials,
officers, employees, agents and independent contractors shall be excess of the
Developer's insurance and shall not contribute with it. This endorsement is not
applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation
against the City of Cathedral City, its officials, officers, employees, agents and
independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of
subrogation against the City of Cathedral City, its officials, officers, employees, agents
and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall
contain provisions stating that such policies cannot be canceled or reduced except on at least
thirty (30) days prior written notice to Developer (ten (10) days' notice for cancellation due to
non-payment). Developer further agrees to: (1) provide to City copies of any notices relating to
cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates
of insurance to include language indicating that the issuers or producers of such policies will
endeavor to provide copies of any such notices directly to City.
(g) Commencement of Work. Developer shall not be issued permits to commence
work under this Agreement until Developer has obtained all insurance required pursuant to this
Section, and such insurance has been approved by City; nor shall Developer allow any
contractor or subcontractor to commence work on the Improvements until all similar insurance
required of the contractor or subcontractor has been obtained. Certificates, endorsements, and
where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Developer maintains higher limits than the minimums specified in
this Section 23, the City requires and shall be entitled to coverage for the higher limits
maintained by Developer. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Page 18 of 24
24. Attorneys' Fees. In the event any action at law or in equity is brought to enforce
the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and
reasonable attorneys' fees.
25. Incorporation of Recitals. The Recitals to this Agreement are hereby
incorporated into the terms of this Agreement.
26. Entire Agreement. This Agreement constitutes the entire agreement of the
Parties and supersedes any prior written or oral agreements between them with respect to the
subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement
must be in writing and signed by the appropriate representatives of the Parties.
27. Governing Law; Venue. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California. In the event that suit shall be brought by
either Party to this contract, the Parties agree that venue shall be exclusively vested in the State
courts of the County of Riverside, California or where appropriate, in the United States District
Court, Southern District of California, Riverside, California.
28. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall
be deemed provisions, terms and/or covenants running with the Property in accordance with
applicable law, including without limitation, California Civil Code section 1468, and shall pass to
and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on
any successor owner of the Property.
(b) The provisions of Subsection 28(a) notwithstanding, Developer shall remain jointly
and severally liable with its heirs, successors, assigns or successor owners of the Property for
the responsibilities and liabilities imposed by this Agreement unless a novation agreement or
approved assignment is executed in accordance with the provisions of Section 16 of this
Agreement.
(c) Upon execution, this Agreement shall be recorded in the Official Records of
Riverside County, and by such recordation, it is the intention of the Parties to give notice to and
bind their successors, heirs and assigns hereto.
29. Miscellaneous. Developer further agrees to provide to City, on or before
occupancy of first residential structure, a copy of the final Public Report or such other evidence
acceptable to the City Attorney, stating that the construction of any common private
improvements is guaranteed with the State of California Bureau of Real Estate.
30. Authority of Executing Parties. Each person executing this Agreement on
behalf of a Party represents and warrants that such person is duly and validly authorized to do
so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts
Page 19 of 24
on behalf of Developer. The undersigned, on behalf of Subdivider, binds Developer, its
partners, successors, executors, administrators, and assigns with respect to the terms and
provisions of this Agreement.
31. Reversion to Acreage. Nothing in this Agreement shall be deemed, construed,
or interpreted to waive or impair in any way Developer's or City's right to seek or allow the
reversion to acreage of the Property pursuant to Section 66499.11, et seq., of the California
Government Code and the Subdivision Ordinance. All proceedings for reversion to acreage of
the Property, whether initiated by the Developer or the City, shall be conducted fairly and
without unnecessary delay. Upon the effective date of the reversion to acreage of the Property
pursuant to Government Code Section 66499.18, Developer shall have no further obligations
under this Agreement, all of the Improvement Securities shall be immediately released, and all
fees and deposits theretofore paid by Developer (if any) shall be immediately returned to
Developer pursuant to Section 66499.19 of the California Government Code, less any allowable
retentions including retentions to cover costs actually and reasonably incurred by City.
[END OF THIS PAGE; SIGNATURES ON FOLLOWING PAGE]
Page 20 of 24
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above
first written.
Developer: City:
EMP1, LLC CITY OF CATHEDRAL CITY
A California Limited Lia 'lit Company a u I ipal Corp ration
By:
J. Ran of h Poag, Man er Charles P. McClendon
City Manager
ATTEST:
JintliA)-
Tracey R. l-t osillo C.M.C.
City Clerk
APPROVED AS TO F .
City Attorney
APPROVED AS TO CONTENT:
ilb
John A orella, Director of
Engi =-ring/Public Works
(Proper Notarization of Subdivider's Signature is required and shall be attached)
Page 21 of 24
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the person whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/site/I-Key executed the same in his/her/016i authorized capacity(ies), and that by
his/"�r eir 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 paragraph is true and correct.
WITNESS my hand and official seal. SUSAN E. MORALES
COMM.#2279182 -
NOTARY PUBLIC-CALIFORNIA�
a76.0 4_ . r),— .0 ORANGE COUNTY
air) , My Comm.Expires March 28,2023
Notary Public Signature (Notary Public Seal) „ ,
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Improvement Agreement wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
Number of Pages 24 Document Date 9/28/22 • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
• Other Manager • Indicate title or type of attached document,number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
EXHIBIT "A"
Legal Description of Real Property Subject to this Agreement
The "Property"
In the City of Cathedral City, County of Riverside, State of California, being a portion of the
Southwest quarter of Section 8, Township 4 South, Range 5 East, San Bernardino Meridian,
more particularly described as:
Lots 1 through 11, and Lettered Lots "A" through "D", all as shown on the map of Tract 32557,
filed in Book 394, at Pages 78 through 80, inclusive, of Maps, in the office of the County
Recorder of said County,
The above lots are described in the Grant Deed recorded on October 7, 2021, as Instrument No.
2021-0596434, in Official Records of said Riverside County.
Assessor Parcels: 675-520-001 through 014
Page 22 of 24
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EXHIBIT "B"
GENERAL DESCRIPTION OF IMPROVEMENTS IN TRACT NO. 32557
The public and private improvements to be constructed include but are not limited to
improvement of all or portions of private streets Emerald Way and Sapphire Way, and open
space Lots "C" and "D".
The above improvements include but are not limited to street grading and paving, construction
of curbs, gutters, cross gutters, sidewalks, parkway improvements, street lighting, cross gutters,
entry gates, storm drains and inlets, dry wells, installation and extension of utility services
including water, sewer, telephone, electrical power, gas, and other communication systems, to
serve all lots and residences in the tract.
The improvements also include the setting and placement of all survey monuments, property
corners, centerline points and other survey monuments and points as shown on the recorded
map of Tract No. 32557, and providing City with centerline ties sheets, related to the streets
and lots being improved and developed which have not yet been set, or which have been lost or
destroyed.
Improvement Securities are required to be posted, as outlined in Section 2(a) of this Agreement,
based upon a cost estimate to be prepared by the Developer's engineer and Desert Water
Agency, and subject to the review and approval by the City Director of Engineering.
An estimate of the cost of the required improvements and monumentation is attached as Exhibit
"C-2" and "C-3".
Page 23 of 24
EXHIBIT "C-1"
ESTIMATED COST OF IMPROVEMENTS
TRACT 32557
The following cost summary is based upon the attached improvement estimate worksheets
prepared by MSA dated July 1, 2022, and Desert Water Agency letter dated June 22, 2022.
Private Street Improvements:
1. Grading improvements:' $ 5,500
2. Street improvements: 140,343
3. Drainage improvements: 24,010
Subtotal: $ 169,853
15% continencies: 25,478
Total: $ 195,331
Rounded Total: $ 195,300
Monuments: $ 3,300
Sewer and Water improvements (DWA):
Sewer improvements: $ 150,000
Water improvements: $ 213,000.
Page 24 of 24
EXHIBIT "C-1"
IMPROVEMENT SECURITY SUMMARY:
TRACT 32557
PRIVATE STREET AND DRAINAGE IMPROVEMENTS:
FAITHFUL PERFORMANCE BOND,
At 100% of public and private improvements: $ 195,300
PAYMENT BOND (LABOR & MATERIALS),
At 50% of public and private improvements: $ 97,650
WARRANTY BOND, at 10% of total, posted at
Acceptance of improvements: $ 19,530
SEWER IMPROVEMENTS:
FAITHFUL PERFORMANCE BOND, At 100% $ 150,000
Of sewer improvements, per DWA:
PAYMENT BOND (LABOR & MATERIALS) At $ 75,000
50% of sewer improvements, per DWA:
WARRANTY BOND, At 10% of sewer improve- $ 15,000
ments, posted at acceptance of sewer system:
WATER IMPROVEMENTS:
FAITHFUL PERFORMANCE BOND, at 100% of $ 213,000
Water improvements, per DWA:
PAYMENT BOND (LABOR & MATERIALS) at 50% $ 106,500
Of water improvements, per DWA:
WARRANTY BOND, at 10% of water improve- $ 21,300
ments, posted at acceptance of water system:
MONUMENT CASH SECURITY: $ 3,300
EXHIBIT "C-2"
ENGINEER'S OPINION OF PROBABLE COST FOR
TRACT NO. 32557 ONSITE STREET AND
STORM DRAIN IMPROVEMENTS
Prepared for:
EMP1, LLC
3080 Bristol Street, Suite 630
• Costa Mesa, CA 92626
Tract Map No. 32557
Project Location:
Escena
in the City of Cathedral City QRofE38/
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July 1, 2022 ..•;�� �j' r
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MSA JOB # 1609
MSA CONSULTING, INC. ;,Y
> PLANNING > CIVIL ENGINEERING > LAND SURVEYING
34200 Bob Hope Drive, Rancho Mirage, CA 92270
760.320.9811 msaconsuitinginc.com
Page 1 of 3
ONSITE IMPROVEMENTS
... Sd+4�4!soar A+3.. no °k'
Mobilization and Re-S•innin• Pads EA 11 $500.00 $5 500.00
N7 COY • •Y` E� � . . p} �iit i n -m # d`. ,„e 0
a ' : ..
P. =�* j ' r 0 dui ® *° + :v:-S ` w = 4 a - +�d . w ®2' t ` —7.1 yS te . e` 1 .P
Construct 3"A.C. Pavement Over 4.5"
Class II Aggregate Base. SF 16,825 $5.50 $92,537.50
Construct 6" Wedge Curb per Detail
on Sheet No.3. LF 936 $30.00 $28,080.00
Remove Existing Barricade. _ LF 72 $10.00 $720.00
Construct P.C.C. Cross Gutter per
Riverside County Standard Drawing
No. 209. SF 933 $15.00 $13,995.00
Construct Curb Inlet Catch Basin per
Riverside County Standard Drawing
No.300 (See Plan for "W" and "H"). EA 2 $10,000.00 $20,000.00
Construct Local Depression per
Riverside County Standard Drawing
No. 311 (Case "C"). LF 34 $40.00, $1,360.00
Install Stop Sign R1-1 (30"x30") AND
Sign Post.Apply 12"Thermoplastic
Limit Line (Stop Line) and Stop
Legend per Detail on Sheet No. 3. EA 1 $350.00 $350.00
Sawcut and Smooth Join Existing. LF 36 $10.00 $360.00
Construct Curb Transition per Detail
on Sheet No. 3. LF 60 $30.00 $1,800.00
Construct 6"Type "A-6" Curb and
Gutter per Riverside County Standard
Drawing No.200. LF 79 $30.00_ $2,370.00
Install 18" R.C.P. Storm Drain
(D=2000). LF 11 $150.00 $1,650.00
Page 2 of 3
Remove Existing Bulkhead and
Connect Proposed 18" R.C.P. Storm
Drain. EA 2 $500.00 $1,000.00
Adjust Existing Manhole To Grade. EA 1 $1,000.00 $1,000.00
Install Object Marker 0M4-1 (Red) per
MUTCD 2003 Edition. EA 3 $100.00 $300.00
.. �E1014 WXX ~ z tUNtTiCOSTi CA
ST
•
Monumentation LS 11 $300.00 $3 300.00
SUM MARY
'OPZ a d a x ' TOTAL O -s
.wwa w m •> y k°! z",„' a x�ee s�^,.,v —r-. �' r4, a Y s.. �,
77
Grading $5,500.00
Street and Storm Drain $165,522.50
Miscellaneous $3,300.00
15% CONTINGENCY $26,148.38
0
Assumptions:
1 These quantities are based on the Tract Map No. 32557 Street and Storm Drain
Improvement Plan completed on 06/21/2022.
2 The above opinion does not include raw land, legal fees, agency permits, professional
engineering fees, construction phasing, bonds, financing/carrying costs, construction
staking,soils testing, accounting or construction management.
3 MSA Consulting Inc. makes no representation concerning the estimated quantities and
cost figures other than that all such figures are opinions only and the Engineer shall not
be responsible for any fluctuations in cost factors or the actual quantities shown.
Page 3 of 3
Kristin Bloomer,President(Division 5) ral Manager-Chief Engineer
�ES.�R Mark S. Krause,Gene
James Cioffi,Vice'President(At large) Best. Best&Krieger,General Counsel
Joseph K.Stuart,.Secretary-Treasurer(At large) Krieger&Stewart,Consulting Engineers
Patricia G.Qygar..Direr. (At large) 000TekWATER
Paul Ortega,Director(Division 4)
EXHIBIT "C-3"
June 22,2022
Lennar Communities
391 North Main Street,Suite 301
Corona,CA 92880.
RE; ESCENATRACT.32557—CITY BOND ESTIMATES
Gentlemen:
This Agency has reviewed the water,and/or sewer improvement:plans for the above referenced project. Said plans
have not been signed by this Agency's Engineer.
As stipulated in the Subdivision Map Act,improvement bonds for the domestic water facilities and/or sanitary sewer
facilities are to be secured by the Local Agency prior.to approval of the subdivision map.
This Agency has determined the required bond amounts for this project and they are as follows:
Domestic Water
1. Faithful Performance Bond: $ 213,000.00
2. Labor&Material Performance Bond: $ 106,000.00
Sanitary Sewer
1. Faithful Performance Bonds $ 150,000.00
2. Labor&Material Performance Bond: $ 75,000.00
These amounts shall not be released until the,obligation is performed to the satisfaction of the Desert WaterAgency.
Please notify this Agency In writing to request approval to release said.amounts.
If you have any questions,please call me at the number listed below,
Sincerely,
S,E.Jgovidwa,org,
aD- TWATER AGENCY,
Jose Govea .%.,
Jose_Govea
Engineering Technician
JG/Idj
LDJfSTAFF/Govea/Escena 32557 Bond
Desert Water Agency—1200.South Gene Autry Trail,Palm Springs,.CA 92264
PO.Box 171 Q,Palm Springs,CA 92263-17 10 I Phone;.(7601 3 23-497 1 I'Fax:(7601325-650S.I WPhcitP•..�. .,.i.,
Bond No.: ES00012286
Bond Fee: $2,930.00/annual
FAITHFUL PERFORMANCE BOND
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 32657
(California Government Code § 66499.1)
PRIVATE STREET IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and
EMP1, LLC, a California Limited Liability Company (hereinafter designated as "Principal"),
have entered into an agreement pursuant to California Government Code section 66462
whereby Principal agrees to install and complete certain designated private improvements,
which said agreement, dated September , 2022, and identified as "Subdivision
Improvement Agreement, Tract No. 32557" (hereinafter designated as "Agreement"), is
hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement, to furnish a
good and sufficient bond for the faithful performance of said Agreement; and
NOW, THEREFORE, we, the Principal and Everest Reinsurance Company
, (hereinafter designated as "Surety"),
a corporation organized and doing business under and by virtue of the laws of Delaware and
duly licensed to transact surety business in the State of California, are held firmly bound unto
the City of Cathedral City (hereinafter designated as "City") in the penal sum of One Hundred
Ninety Five Thousand Three Hundred Dollars ($ 195,300.00), lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in said
Agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of said Agreement or to the work or to the specifications.
1
Bond No.: ES00012286
Bond Fee: $2,930.00/annual
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety named herein, on September 28th , 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City of Cathedral City EMP1, LLC
A i al Corpora 'on A California L. ite ility Company
By:
Charles P. McClendon J. Rand ph Poag, Man ger
City Manager
APPROVED AS TO FORM: SURETY:
City of Cathedral Ci
By Everest Reinsurance Company
21� S r4 City Attorney Surety Company
APPROVED: A )L_5-
City of Cat edr I Ci S. nature of Authorized Representative
By Beata A. Sensi,Attorney-in-Fact
r. f ngineering ublic Works Printed name
1340 Treat Blvd., Suite 450, Walnut Creek, CA 94597
Surety Address and City
(714) 516-2960 & Swolf@rohmins.com
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized
Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3)
originals must be executed.
2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the persons}whose
name fs) is/afe subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/tier/their authorized capacity(res), and that by
his her/their si nature on the instrument the person
(s),signature* p (s), or the entity upon behalf of
which the persons-) 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. SUSAN E.MORALES
COMM.#2279182
"'-es NOTARY PUBLIC-CALIFORNIAK
ram,
u� /-�,�
IPYN -� , / I0.7 % ,C ORANGE COUNTY
otary Public Signature (Notary Public Seal) My Comm.Expires March 28,2023
♦ .
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Performance& Payment Bonds wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9�28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
0 Individual (s) information may lead to rejection of document recording.
O Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title)
sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Manager Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the persons) whose
names-) is/sfe subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in tris/heritheif authorized capacityfies), and that by
fris/her/their signatures) on the instrument the person(s), or the entity upon behalf of
which the persons) 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.
SUSAN E. MORALES
WITNESS myhandand officialseal. o � COMM.#2279182 -2 NOTARY PUBLIC-CALIFORNIAg
-�` ORANGE COUNTY
(4,60etert
' rn My Comm.Expires March 28,2023
Notary Public Signature ���///y��y// (Notary Public Seal)
•— ♦
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Bond#ES00012286 wording does not require the California notary to violate California notary law.
(Title or description of attached bon p� document) • State and County information must be the State and County where the document
Everest Reinsurance Company signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
El Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
4. Indicate title or type of attached document,number of pages and date.
❑ Other Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Everest Reinsurance Company I�c
461 5th Avenue-4f4 Floor J
New York,N.Y 10017
,r ER
SURETY BOND SEAL ADDENDUM
EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Everest Reinsurance Company("Everest") has authorized its Attorney-in-Fact to affix
Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney-in-
Fact by attaching this Addendum to said bond.
To the extent this addendum is attached to a bond that is executed on behalf of Everest by its
Attorney-in-Fact, Everest hereby agrees that the seal below shall be deemed affixed to said
bond to the same extent as if its raised corporate seal was physically affixed to the face of the
bond.
Dated this 7th day of April 2020.
EVEREST REINSURANCE COMPANY
By:
Anthony Romano—Vice President&Global Head of Surety
uran,,'
`,
r.. ` c
a SEAL
1973 .,= ri
EVE R ES\
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Shane Wolf,Cathy S.Kennedy,Beata A.Senoi,Cheryl L.Thomas,Todd M.Rohm
its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
ttraR` Everest Reinsurance Company
`dryayr,.`
SEAL $
cetAwook
* Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS /
Notary Public,State of New York
No 01 R06239736
Qualified in Queens County u�• ✓
Term Expires April 25,2023
Linda Robins,Notary Public
IN WITNESS WHEREOF,I have hereunto set my hand and affA ektile s�A;c0—jmp}ny,at the Liberty Corner,this 28th day
of September 2022 . "" " r. .t";
• q
•
ES 00 01 04 16 , , •
Bond No.: ES00012286
Bond Fee: included with the
Performance Bond
LABOR AND MATERIAL BOND
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 32557
(California Government Code § 66499.2)
PRIVATE STREET IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and
EMP1, LLC, a California Limited Liability Company (hereinafter designated as "Principal")
have entered into an agreement whereby the Principal agrees to install and complete certain
designated private improvements, which agreement, dated September
2022 and identified as "Subdivision Improvement Agreement, Tract No. 32557" (hereinafter
designated as "Agreement"), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Agreement, the Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the City of Cathedral City (hereinafter designated as "City") to secure the claims to which
reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the
Civil Code.
NOW, THEREFORE, the Principal and the undersigned as corporate surety
(hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors,
subcontractors, laborers, material suppliers, and other persons employed in the performance
of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code in the sum of Ninety Seven Thousand Six Hundred Fifty Dollars
($ 97,660.00), for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay
the same in an amount not exceeding the amount hereinabove set forth, and also in case suit
is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies, and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration,
or addition to the terms of the Agreement or the specifications accompanying the same shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
1
Bond No.: ES00012286
Bond Fee: included with the
Performance Bond
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
named herein, on September 28th , 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City hedral City EMP1, LLC
A California Li ited ' ility Company
Charles P. McClendon By:
City Manager J. Ran Iph Poag, Manag r
APPROVED AS TO FO SURETY:
City of Cathe ity /'
Everest Reinsurance Company
By Sure Company
il
City Attorney •
A
•
Si toe of Authorized Representative ;1 )
APPROVED: 9R ` P , 4 -
City of Cathed al ity
Beata A. Sensi,Attorney-in-Fact �.�✓,� � "
By Printed name EY' ,
Dir. f E g' ee ing/P blic Works __
1340 Treat Blvd., Suite 450, Walnut Creek, CA 94597 • - •
Surety Address and City
(714) 516-2960 &Swolf@rohmins.com
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized
Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3)
originals must be executed.
2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the person(s)whose
names) is/afe subscribed to the within instrument and acknowledged to me that
he/s#tethey executed the same in his/her/thee authorized capacity(les), and that by
signature(s) on the instrument the person(s),(s� p (s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
rowomor.wm,wobv.wwwftwAs
SUSAN E. MORALES
WITNESS my hand and official seal. o ;;� COMM.#2279182 2
z = '�"ram, ' NOTARY PUBLIC-CALIFORNIAM
ORANGE COUNTY
« "C2 Moe) My Comm.Expires March 28,2023
4.242
Notary Public Signature (Notary Public Seal)
• ♦
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Performance&Payment Bonds wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9�28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is lace)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment for.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Manager Indicate title or type of attached document,number of pages and date.
O Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the personfsj whose
names-) is/are subscribed to the within instrument and acknowledged to me that
he/she/trey executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature es) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
SUSAN E. MORALES
WITNESS my hand and official seal. . COMM.#2279182
zz 4-4,4,,• NOTARY PUBLIC-CALIFORNIAK
&Warn
ORANGE COUNTY
• � My Comm.Expires March 28,2023
eng..&
Notary Public Signature (Notary Public Seal)
• •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Bond#ES00012286 wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Everest Reinsurance Company
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/ace)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Everest Reinsurance Company ��
461 5th Avenue-4" Floor J
New York,N.Y 10017
nVE R Usk
SURETY BOND SEAL ADDENDUM
EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Everest Reinsurance Company("Everest") has authorized its Attorney-in-Fact to affix
Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney-in-
Fact by attaching this Addendum to said bond.
To the extent this addendum is attached to a bond that is executed on behalf of Everest by its
Attorney-in-Fact, Everest hereby agrees that the seal below shall be deemed affixed to said
bond to the same extent as if its raised corporate seal was physically affixed to the face of the
bond.
Dated this 7th day of April 2020.
EVEREST REINSURANCE COMPANY
By:
Anthony Romano—Vice President &Global Head of Surety
e`Asuran,. .
L SEAL
1973 :: �
Jr
Z-vE R ES'\
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Shane Wolf,Cathy S.Kennedy,Beata A.Senoi,Cheryl L.Thomas,Todd M.Rohm
its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute,seal and deliver for and on behalf of the Company, any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behalf of the Company,bonds and undertakings in surety or co-surety with others, and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
bra Everest Reinsurance Company
Q' dt�+tq
ti V rf
SEAL I
, un
* Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS /•
Notary Public,State of New York
No 01R06239736
Qualified in Queens County ,� y CL^
Term Expires April 25,2023
f, • Linda Robins,Notary Public
• , ....- •
IN WITNESS WHEREOF,I have hereunto set my head„enc;:a1Iixe ;7 J,2ff i#Company,at the Liberty Corner,this 28th day
of September 20 22
Cr)
Es000loals .r.`•^��� �4'.
Bond No.: ES00012287
Bond Fee: $2,250.00/annual
FAITHFUL PERFORMANCE BOND SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT NO. 32557
(California Government Code § 66499.1)
SEWER IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and
EMP1, LLC, a California Limited Liability Company (hereinafter designated as "Principal"),
have entered into an agreement pursuant to California Government Code section 66462
whereby Principal agrees to install and complete certain designated public sewer system
improvements, which said agreement, dated September , 20 22, and identified as
"Subdivision Improvement Agreement, Tract No. 32557" (hereinafter designated as
"Agreement"), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement, to furnish a
good and sufficient bond for the faithful performance of said Agreement; and
NOW, THEREFORE, we, the Principal and Everest Reinsurance Company
, (hereinafter designated as "Surety"),
a corporation organized and doing business under and by virtue of the laws of Delaware and
duly licensed to transact surety business in the State of California, are held firmly bound unto
the City of Cathedral City (hereinafter designated as "City") in the penal sum of One Hundred
Fifty Thousand Dollars ($ 150,000.00), lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in said
Agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of said Agreement or to the work or to the specifications.
1
Bond No.: ES00012287
Bond Fee: $2,250.00/annual
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety named herein, on September 28th , 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City o C-thedral Cit EMP1, LLC
A California L. it d 'ability Company
Charles P. McClendon By:
City Manager J. an oiph Poag, M nager
APPROVED AS TO FOR • SURETY:
City of Cathe I it
By Everest Reinsurance Company
City Attorney Sur ty Company
APPROVED:
City of Cathedral City Si ure of Authorized Representative
By Beata A. Sensi, Attorney-in-Fact
Dj . Engineering/ ublic Works Printed name
1340 Treat Blvd., Suite 450, Walnut Creek, CA 94597
Surety Address and City
(714) 516-2960 &Swolf@rohmins.com
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized
Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3)
originals must be executed.
2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the person(s-)whose
name* is/efe subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/tier/them authorized capacity(les), and that by
hisTherAheif signatures) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
SUSAN E. MORALES
•
WITNESS my hand and official seal .,_
COMM.#2279182
z f) NOTARY PUBLIC-CALIFORNIAK
,0. ORANGE COUNTY
( � p yy� , My Comm.Expires March 28,2023
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Performance& Payment Bonds wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact 4. Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Manager Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange } j
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the personfsj whose
name() is/ere subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacityfies), and that by
hielher/thei•r signature(e) on the instrument the person(s), or the entity upon behalf of
which the person(e) 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. SUSAN E. MORALES
,r,401. COMM.#2279182
(/t
D Z , NOTARY PUBLIC-CALIFORNIA-.
iZAani f/lCnt.a0 a. ORANGE COUNTY
Notary Public Signature (Notary Public Seal) My Comm.Expires March 28 2023
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Bond #ES00012287 wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Everest Reinsurance Company
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
Cl Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Everest Reinsurance Company
461 5th Avenue-4th Floor
New York,N.Y 10017
1IC
,r E R
SURETY BOND SEAL ADDENDUM
EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Everest Reinsurance Company ("Everest") has authorized its Attorney-in-Fact to affix
Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney-in-
Fact by attaching this Addendum to said bond.
To the extent this addendum is attached to a bond that is executed on behalf of Everest by its
Attorney-in-Fact, Everest hereby agrees that the seal below shall be deemed affixed to said
bond to the same extent as if its raised corporate seal was physically affixed to the face of the
bond.
Dated this 7th day of April 2020.
EVEREST REINSURANCE COMPANY
By:
Anthony Romano—Vice President & Global Head of Surety
, urai
4 .=dQ`po r'.
E 0
SEAL
i dl 1973 1
a ;
'v> .4Uwn�..'
te
EVE R ES\.
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint
Shane Wolf,Cathy S.Kennedy,Beata A.Sensi,Cheryl L.Thomas,Todd M.Rohm
its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company,any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behalf of the Company, bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
,ealb� (ai 0 Everest Reinsurance Company
,
L f
d SEAL
Lire
QUwr 4 lteitel6e_
Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS /
Notary Public,State of New York
No0ueens kte71 _ y ./
Qualified inn Queens ueens County
Term Expires April 25,2023
Linda Robins,Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand arid pftixell-tht eet of sgid,,Company,at the Liberty Comer,this 28th day
of September 20 22 _ t}
ES00010416 t':;' -'•
� �i;1 .#, I�
l. r „
Bond No.: ES00012287
Bond Fee: included with the
Performance Bond
LABOR AND MATERIAL BOND
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 32557
(California Government Code § 66499.2)
SEWER IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and
EMP1, LLC, a California Limited Liability Company (hereinafter designated as "Principal")
have entered into an agreement whereby the Principal agrees to install and complete certain
designated public sewer improvements, which agreement, dated September
20?2 and identified as "Subdivision Improvement Agreement, Tract No. 32557" (hereinafter
designated as "Agreement"), is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Agreement, the Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the City of Cathedral City (hereinafter designated as "City") to secure the claims to which
reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the
Civil Code.
NOW, THEREFORE, the Principal and the undersigned as corporate surety
(hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors,
subcontractors, laborers, material suppliers, and other persons employed in the performance
of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code in the sum of Seventy Five Thousand ($ 75,000.00) dollars, for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to this work or labor, that the Surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully
enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and
to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies, and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration,
or addition to the terms of the Agreement or the specifications accompanying the same shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
1
Bond No.: ES00012287
Bond Fee: included with the
Performance Bond
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
named herein, on September 28th , 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City of Cathedral City EMP1, LLC
A California Li ite i bility Company
By
Charles P. McClendon By:
City Manager J. Rand ph Poag, Man ger
APPROVED AS TO FORM: SURETY:
City of Cathedral City
Everest Reinsurance Company
By Surety Company
City Attorney I n
APPROVED: Sig ure of Authorized Representativ. . ,(T,' ;
City of Cathe al ity ''
Beata A. Sensi,Attorney-in-Fact
By Printed name Y ` a tti -
City n ne r ''
1340 Treat Blvd., Suite 450, Walnut CreeK,•VL 97_ :`-
rr ' I;' £.c..
Surety Address and City
(714) 516-2960 &Swolf@rohmins.com
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized
Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3)
originals must be executed.
2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the persons)whose
names) is/alfe subscribed to the within instrument and acknowledged to me that
he/sfre tey executed the same in his/her/lheil authorized capacity(ies), and that by
his/ ter/their signatures) on the instrument the person(s), or the entity upon behalf of
which the persons) 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.
SUSAN E. MORALES
WITNESS my hand and official seal. COMM.#2279182 r
"�'ti%+ 3=I NOTARY PUBLIC-CALIFORNIA�
r ORANGE COUNTY
�(,(,��y}� 4 ��� My Comm.Expires March 28,2023
NotaryPublic Signature (Notary Public Seal)
• •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Performance& Payment Bonds wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
Number of Pages 2 Document Date 9/28/22 • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Manager • Indicate title or type of attached document,number of pages and date.
0 • Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
1
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the persons) whose
name(e-) is/me subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in trisiher/their authorized capacityfies), and that by
ttis/her/their signature(sj on the instrument the person(s), or the 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 myhand and official seal. SUSAN E.MORALES
COMM.#2279182
NOTARY PUBLIC-CALIFORNIA�
z t ORANGE COUNTY
(/gyp • m� .+�� *.& My Comm.Expires March 28,2023
NotaryPublic Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Bond#ES00012287 wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
Everest Reinsurance Company signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
f ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
El Attorney-in-Fact 4. Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ • Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Everest Reinsurance Company flirt
461 5th Avenue-4t°Floor
New York,N.Y 10017
I/' E RV.SX.
SURETY BOND SEAL ADDENDUM
EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Everest Reinsurance Company("Everest") has authorized its Attorney-in-Fact to affix
Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney-in-
Fact by attaching this Addendum to said bond.
To the extent this addendum is attached to a bond that is executed on behalf of Everest by its
Attorney-in-Fact, Everest hereby agrees that the seal below shall be deemed affixed to said
bond to the same extent as if its raised corporate seal was physically affixed to the face of the
bond.
Dated this 7th day of April 2020.
EVEREST REINSURANCE COMPANY
By:
Anthony Romano—Vice President &Global Head of Surety
Asuran�
e .
Qe.`_nP01tgTF. n'.
SEAL 1 ,M
` y 1973
Bond No.: ES00012288
Bond Fee: $3,195.00/annual
FAITHFUL PERFORMANCE BOND SUBDIVISION
IMPROVEMENT AGREEMENT
TRACT NO. 32557
(California Government Code § 66499.1)
WATER IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and
EMP1, LLC, a California Limited Liability Company (hereinafter designated as "Principal"),
have entered into an agreement pursuant to California Government Code section 66462
whereby Principal agrees to install and complete certain designated public water system
improvements, which said agreement, dated September , 20 22, and identified as
"Subdivision Improvement Agreement, Tract No. 32557" (hereinafter designated as
"Agreement"), is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement, to furnish a
good and sufficient bond for the faithful performance of said Agreement; and
NOW, THEREFORE, we, the Principal and Everest Reinsurance Company
, (hereinafter designated as "Surety"),
a corporation organized and doing business under and by virtue of the laws of Delaware and
duly licensed to transact surety business in the State of California, are held firmly bound unto
the City of Cathedral City (hereinafter designated as "City") in the penal sum of Two
Hundred Thirteen Thousand Dollars ($ 213,000.00), lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in said
Agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said Agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of said Agreement or to the work or to the specifications.
1
J"`
EVER ESN
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Shane Wolf,Cathy S.Kennedy,Beata A.Sensi,Cheryl L.Thomas,Todd M.Rohm
its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and under-takings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
elrape Everest Reinsurance Company
ti L f
SEAL
an
v► �UwNt eiZado. ^
* Attest Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS /
Notary Public,State of New York
No 01R06239736
Qualified in Queens County (�t�,c.., y`)
Term Expires April 25,2023 J
Linda Robins,Notary Public
IN WITNESS WHEREOF,I have hereunto set my hapd° nd;'affxed.thespal,of said Company,at the Liberty Corner,this 28th day
of September 2022 c'f O,r ` i
ES00010416Cr3 0' 7J73 , a^ —
•� i S
•
• t I I i t ' .`
Bond No.: ES00012288
Bond Fee: $3,195.00/annual
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety named herein, on September 28th , 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City • C ' edral ity EMP1, LLC
A California Li ite a ility Company
Charles P. McClendon By:
City Manager J. Rand Iph Poag, Mana er
APPROVED AS TO FORM: SURETY:
City of Cathed al Cit
By Everest Reinsurance Company
ntS. df,LCity Attorney Sur ty Company
APPROVED:
City of Cathe al i Sig ature of Authorized Representative
By Beata A. Sensi,Attorney-in-Fact
Dir. f gineering/Public Works Printed name . --"
1340 Treat Blvd., Suite 450, Walnut Creek C• .9 97_;
Surety Address and City •
(714) 516-2960 & Swolf@rohmins.com
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized
Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3)
originals must be executed.
2
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
i !
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the persons)whose
name(s) is/ere-subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/tl ieit authorized capacity(res), and that by
hisffier/their signatures) on the instrument the person(s), or the entity upon behalf of
which the persons) 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.
,,-- SUSAN E. MORALES
WITNESS my hand and official seal. COMM #2279182 -
NOTARY k IKIC-CALIFORNIA
ORANGE COUNTY
arn My Comm.Expires March 26,2023•
Notary Public Signature (Notary Public Seal) -
a i
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Performance& Payment Bonds wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued)
must also be the same date the acknowledgment is completed.
Number of Pages 2 Document Date 9/28/22 • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
0 Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Manager • Indicate title or type of attached document,number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and tale of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the person e) whose
name(s) is/efe subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
f /her/their signature(sj on the instrument the person(sj, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. , SUSAN E.MORALES
n. COMM.#2279182 z
= `NOTARY PUBLIC-CAUFORNIA
ORANf3E COUNTY
gaioaer% • �� �?!..' My Comm.Expires Marc?t 28,2023
ublic Signature (Notary Public Seal)
�— •
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Bond#ES00012288 wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Everest Reinsurance Company • Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is late)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
0 Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Everest Reinsurance Company )11b .
461 5th Avenue-4th Floor
New York,N.Y 10017
`!AC
I I'E R T
SURETY BOND SEAL ADDENDUM
EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Everest Reinsurance Company("Everest") has authorized its Attorney-in-Fact to affix
Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney-in-
Fact by attaching this Addendum to said bond.
To the extent this addendum is attached to a bond that is executed on behalf of Everest by its
Attorney-in-Fact, Everest hereby agrees that the seal below shall be deemed affixed to said
bond to the same extent as if its raised corporate seal was physically affixed to the face of the
bond.
Dated this 7th day of April 2020.
EVEREST REINSURANCE COMPANY
By:
Anthony Romano—Vice President &Global Head of Surety
Asuran„
sr G v
, : SEAL
1973
';v) ',law ,
*
J"`
EYE R ES'\
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Shane Wolf,Cathy S.Kennedy,Beata A.Sensi,Cheryl L.Thomas,Todd M.Rohm
its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute,seal and deliver for and on behalf of the Company, any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
tAolJrary� Everest Reinsurance Company
` von;, g
E
SEAL
'i, an
ZO 44w* V el:711"....1—
* AeLCV6C.
Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS /'
Notary Public,State of New York ,
No 01R06239736 /
Qualified in Queens County ✓7y/L-t''L_ y -ui G r.----
)
Term Expires April 25,2023
Linda Robins,Notary Public
IN WITNESS WHEREOF,I have hereunto set my hand and` fi,Red the 0,eet•of;saki company,at the Liberty Corner,this 28th day
of September 2022 .
r
ES00010416 `�
Bond No.: ES00012288
Bond Fee: included with the
Performance Bond
LABOR AND MATERIAL BOND
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 32657
(California Government Code § 66499.2)
WATER IMPROVEMENTS
WHEREAS, the City Council of the City of Cathedral City, State of California, and
EMP1, LLC, a California Limited Liability Company (hereinafter designated as "Principal")
have entered into an agreement whereby the Principal agrees to install and complete certain
designated public water system improvements, which agreement, dated
September , 2022, and identified as "Subdivision Improvement Agreement,
Tract No. 32557" (hereinafter designated as "Agreement"), is hereby referred to and made a
part hereof; and
WHEREAS, under the terms of the Agreement, the Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond with
the City of Cathedral City (hereinafter designated as "City") to secure the claims to which
reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the
Civil Code.
NOW, THEREFORE, the Principal and the undersigned as corporate surety
(hereinafter designated as "Surety"), are held firmly bound unto the City and all contractors,
subcontractors, laborers, material suppliers, and other persons employed in the performance
of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code in the sum of One Hundred Six Thousand Five Hundred ($
106.500.00) dollars, for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to this work or labor, that the Surety will
pay the same in an amount not exceeding the amount hereinabove set forth, and also in case
suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies, and corporations entitled to file claims under Title 3
(commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration,
or addition to the terms of the Agreement or the specifications accompanying the same shall
in any manner affect its obligations on this bond, and it does hereby waive notice of any such
1
Bond No.: ES00012288
Bond Fee: included with the
Performance Bond
change, extension, alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
named herein, on September 28th , 2022
APPROVED AS TO CONTENT: PRINCIPAL:
City hedral City EMP1, LLC
A California • it i bility Company
Charles P. McClendon By: '
City Manager J. nd Iph Poag, Man ger
APPROVED AS TO FOR : SURETY:
City of Cathedr I Cit
Everest Reinsurance Company
By Sur ty Compan
City Attorney 7 /�
APPROVED: Si ature of Authorized Representative,; ,` -L..... .,'
City of Cath drat City �" r
Beata A. Sensi,Attorney-in-Fact ' f ~
By Printed name � r
ity gi `- >
1340 Treat Blvd., Suite 450, Walnut Creek:ICA-9;4.597
1 f
Surety Address and City
(714) 516-2960&Swolf@rohmins.com
Contact Phone and E-mail
Principal and Surety signatures must be notarized and Acknowledgment of Authorized
Representative/Attorney in Fact must be attached for both Principal and Surety. Three (3)
originals must be executed.
2
I
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public ,
(Here insert name and title of the officer)
personally appeared J. Randolph Poag
who proved to me on the basis of satisfactory evidence to be the person*whose
name(e) is/afe subscribed to the within instrument and acknowledged to me that
heist tey executed the same in hi5/h i/theTr authorized capacity(ies), and that by
his/ht,� eif signature(s) on the instrument the person(s), or the entity upon behalf of
which the persons-) 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. /74.4w#4*******4,(.:i.,::„:„;.„,,,,,,,_ SIJSAN E. MORtCOM
NOTARY PUBLIC-CALIFORNIA?
/�� f ORANGE COUNTY
��'� � "/Oh ��� My Comm.Expires March 28,2023
Notary Public Signature (Notary Public Seal)
• ♦
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Performance& Payment Bonds wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
D Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
0 Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Manager Indicate title or type of attached document,number of pages and date.
❑ 4. Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of Orange }
On September 28, 2022 before me, Susan E. Morales, Notary Public
(Here insert name and title of the officer)
personally appeared Beata A. Sensi
who proved to me on the basis of satisfactory evidence to be the personfe) whose
name(-sr) is/ere subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature fsj on the instrument the person(*, or the 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. SUSAN E. MORALES
COMM.#2279182
���� _ + �' �NOTARYPUBLIC-CALIFORNIAa
�ag1YYr �`. % ORANGE COUNTY
otary Public Signature (Notary Public Seal) My Comm.Expires March 28,2023
• ♦
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from
other states may be completed for documents being sent to that state so long as the
Bond#ES00012288 wording does not require the California notary to violate California notary law.
(Title or description of attached document) • State and County information must be the State and County where the document
Everest Reinsurance Company signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages 2 Document Date 9/28/22 •
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they, is late)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
0 Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
Everest Reinsurance Company
461 5th Avenue-4th Floor
New York,N.Y 10017
EVER T.
SURETY BOND SEAL ADDENDUM
EVEREST REINSURANCE COMPANY
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Everest Reinsurance Company("Everest") has authorized its Attorney-in-Fact to affix
Everest's corporate seal to any bond executed on behalf of Everest by any such Attorney-in-
Fact by attaching this Addendum to said bond.
To the extent this addendum is attached to a bond that is executed on behalf of Everest by its
Attorney-in-Fact, Everest hereby agrees that the seal below shall be deemed affixed to said
bond to the same extent as if its raised corporate seal was physically affixed to the face of the
bond.
Dated this 7th day of April 2020.
EVEREST REINSURANCE COMPANY
By:
Anthony Romano—Vice President &Global Head of Surety
SEALs.
r i�
dt 1973 : j
7
Ei'ERF.S\
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute,and appoint:
Shane Wolf,Cathy S.Kennedy,Beata A.Sensi,Cheryl L.Thomas,Todd M.Rohm
its true and lawful Attorney(s)-in-fact to make,execute,attest, seal and deliver for and on its behalf,as surety,and as its act and deed,
where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed
UNLIMITED,reserving for itself the full power of substitution and revocation.
Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company("Board")on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings,contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co-surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute,on
behaff of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of
the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED,FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto,and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
s,Urai
p cN� Everest Reinsurance Company
r SEAL
un
414widi AtIOYJE__
* Attest: Nicole Chase,Assistant Secretary By:Anthony Romano,Vice President
On this 28th day of July 2016,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above
instrument;that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto;and that he executed said instrument by like order.
LINDA ROBINS
Notary Public,State of New York /
No 01 R06239736
Qualified in Queens County y <� ✓
Term Expires April 25,2023 /
Linda Robins,Notary Public
IN WITNESS WHEREOF,I have hereunto set myacid a� ,s hand x�J f�aQv^SQ�f of Liompany,at the Liberty Corner,this 28th day
of September 2022 O r"1 c�
n
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