none, Undergrounding all utility lin, Miscellaneous, Other• •
7179 2993 5780 0021 2196
Trustee's Sale No. 08-24804 Type of Mailing: Sale
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
r
OCT 1 2008
CITY OF ttiv;LiNG HILLS
SV��
IMPORTANT INFORMATION IS
CONTAINED WITHIN THE ATTACHED
NOTICE.
Int
PLEASE READ CAREFULLY
FIRST AMERICAN TITLE INSURANCE COMPANY IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
A
' RECORDING REQUESTED
FIRST AMERICAN TITLE INSURANCE COMPANY
AND WHEN RECORDED MAIL TO
FIRST AMERICAN TITLE INSURANCE COMPANY
3 FIRST AMERICAN WAY NDTS DIVISION
SANTA ANA, CA 92707
Trustee Sale No. 08-24804
Loan No. SARIDAKIS CONST
Title Order No. 3795593
Sales Line: (714)573-1965
•
Space above this line for recorder's use only
NOTICE OF TRUSTEE'S SALE
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 03-22-2004. UNLESS YOU TAKE ACTION TO
PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE
NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
On 11-05-2008 at 11:30 AM, FIRST AMERICAN TITLE INSURANCE COMPANY as the duly appointed
Trustee under and pursuant to a Construction Deed of Trust Recorded 03-26-2004 Instrument 2004-0715657 and a
Modification of Deed of Trust recorded 6/12/06 Instrument 2006-1279138 and a Modification of Deed of Trust recorded
11/2/06 Instrument 2006-2433385 of official records in the Office of the Recorder of LOS ANGELES County, California,
executed by: SARIDAKIS CONSTRUCTION, INC. A CALIFORNIA CORPORATION, as Trustor, VINEYARD BANK, as
original Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier's check drawn by a state or
national bank, a cashier's check drawn by a state or federal credit union, or a cashier's check drawn by a state or
federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial
Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all
right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and
pursuant to the Deed of Trust. The sale will be made, but without covenant or warranty, expressed or implied,
regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of
Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the
initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the
day of sale.
Place of Sale:
AT THE FRONT ENTRANCE TO THE POMONA SUPERIOR COURTS BUILDING, 350 W. MISSION BLVD.,
POMONA, CALIFORNIA
Legal Description:
PARCEL 1:
PARCEL 1 OF PARCEL MAP NO. 23991, IN THE CITY OF ROLLING HILLS, IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 281 PAGE(S) 33 AND 34 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
AN EASEMENT FOR ROAD PURPOSES OVER THE LAND DESCRIBED IN ROAD NOS. 1 AND 2 AND IN
PARCELS "A", "B", "C", "D", AND "E" IN SECTION 6A OF ARTICLE V OF SAID DECLARATION OF
RESTRICTIONS.
EXCEPT THEREFROM THAT PORTION THEREOF LYING WITHIN THE LINES OF PARCEL NO. 1 ABOVE
DESCRIBED.
Amount of unpaid balance and other charges: $3,352,955.42 (estimated)
Street address and other common designation of the real property purported as:
18 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
APN Number: 7569-014-014
The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common
designation, if any, shown herein. The property heretofore described is being sold "as is".
DATE: 10/10/2008
FIRST AMERICAN TITLE INSURANCE COMPANY
S- Line: (714)57 65 Trustee: (714)250-3572
Diane Erickson, Sr. y'rus�ke Sale Officer
FIRST AMERICAN TITLE INSURANCE COMPANY IS
A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
2
•
O C T 1 2000
Trustee's Sale No. 08-24804 Type of Mailing: Sale
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
IMPORTANT INFORMATION IS
CONTAINED WITHIN THE ATTACHED
NOTICE.
PLEASE READ CAREFULLY
FIRST AMERICAN TITLE INSURANCE COMPANY IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
•
RECORDING REQUESTEDbY
FIRST AMERICAN TITLE INSURANCE COMPANY
AND WHEN RECORDED MAIL TO
FIRST AMERICAN TITLE INSURANCE COMPANY
3 FIRST AMERICAN WAY NDTS DIVISION
SANTA ANA, CA 92707
Trustee Sale No. 08-24804
Loan No. SARIDAKIS CONST
Title Order No. 3795593
Sales Line: (714)573-1965
Space above this line for recorder's use only
NOTICE OF TRUSTEE'S SALE
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 03-22-2004. UNLESS YOU TAKE ACTION TO
PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE
NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
On 11-05-2008 at 11:30 AM, FIRST AMERICAN TITLE INSURANCE COMPANY as the duly appointed
Trustee under and pursuant to a Construction Deed of Trust Recorded 03-26-2004 Instrument 2004-0715657 and a
Modification of Deed of Trust recorded 6/12/06 Instrument 2006-1279138 and a Modification of Deed of Trust recorded
11/2/06 Instrument 2006-2433385 of official records in the Office of the Recorder of LOS ANGELES County, California,
executed by: SARIDAKIS CONSTRUCTION, INC. A CALIFORNIA CORPORATION, as Trustor, VINEYARD BANK, as
original Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier's check drawn by a state or
national bank, a cashier's check drawn by a state or federal credit union, or a cashier's check drawn by a state or
federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial
Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all
right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and
pursuant to the Deed of Trust. The sale will be made, but without covenant or warranty, expressed or implied,
regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of
Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the
initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the
day of sale.
Place of Sale:
AT THE FRONT ENTRANCE TO THE POMONA SUPERIOR COURTS BUILDING, 350 W. MISSION BLVD.,
POMONA, CALIFORNIA
Legal Description:
PARCEL 1:
PARCEL 1 OF PARCEL MAP NO. 23991, IN THE CITY OF ROLLING HILLS, IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 281 PAGE(S) 33 AND 34 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
AN EASEMENT FOR ROAD PURPOSES OVER THE LAND DESCRIBED IN ROAD NOS. 1 AND 2 AND IN
PARCELS "A", "B", "C", "D", AND "E" IN SECTION 6A OF ARTICLE V OF SAID DECLARATION OF
RESTRICTIONS.
EXCEPT THEREFROM THAT PORTION THEREOF LYING WITHIN THE LINES OF PARCEL NO. 1 ABOVE
DESCRIBED.
Amount of unpaid balance and other charges: $3,352,955.42 (estimated)
Street address and other common designation of the real property purported as:
18 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
APN Number: 7569-014-014
The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common
designation, if any, shown herein. The property heretofore described is being sold "as is".
DATE: 10/10/2008
FIRST AMERICAN TITLE INSURANCE COMPANY
S - Line: (714)57 •65 Trustee: (714)250-3572
Diane Erickson, Sr. '' e Sale 0jPiAl
icer i
FIRST AMERICAN TITLE INSURANCE COMPANY IS
A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
2
a
1 r,fJ 3
CONSTRUCTION
Custom Built Homes
By
August 22, 2008
To Whom It May Concern:
tt)
SEP 0 4 2008
CITY OF ROLLING HEL
Please be advised that as of September 1, 2008 our new mailing address will be as follows:
P.O. Box 7000-474
Redondo Beach, CA 90277-8710
1300 S. Pacific Coast Hwy., Suite 107, Redondo Beach, CA 90277 • (310) 316-0806 • FAX (310) 316-1568
TRANSMISSION VERIFICATION REPORT
•
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
DATE:
TO:
FAX:
09/11 08:56
17606340408
00: 02: 16
07
OK
STANDARD
ECM
Cityopeorens sae
TIME : 09/11/2008 08:58
NAME : ROLLING HILLS CITY
FAX : 3103777288
TEL : 3103771521
SER.# : BROG5J303281
INCORPORATED JANUARY 24, 1957
FAX COVER SHEET
/It (c�
1
Ti j Mr
SUBJECT:
REMARKS:
Cw-cp '4(1
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 00274
(310) 377.1621
F4X: (310) 377.7288
TIME SENT:
FROM: )1.31 01/YL2-
OPERATOR:
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
( Amendment herein) is made and entered into by and between the City of Rolling
Hills, a municipal corporation ( City herein), and Dr. and Mrs. Robert Marshall, the
Subdivider and whose name and address is set forth in the Subdivision Reference Data
attached herein as Attachment A.
RECITALS
A. The Subdivision Laws establish, as a condition precedent to the approval of a
Parcel Map, that the Subdivider comply with the City Council's Resolution of Approval
and either (i) complete, in compliance with City standards, all of the improvements and
land development work required by the Subdivision Laws and the City Council's
Resolution of Approval; or (ii) enter into a secured agreement with the City to complete
the improvements and land development work, within a period of time specified by the
City.
B. In consideration of approval of Parcel Map No. 23991 for the Subdivision by the
City Council, Subdivider on April 8, 1998 entered into an Agreement (the "Agreement")
whereby Subdivider promised to install and complete, at its sole expense, all public and
private improvement work required by the City for the proposed Subdivision. Subdivider
secured said Agreement by improvement security required by the Subdivision Laws and
approved by the City, in the amount of $120,000 for labor and materials and $120,000 for
faithful performance.
C. The Subdivider agreed to complete such improvements within 24-months from
the date of filing said map. Tentative Parcel Map No. 23991 was filed on May 4, 1998.
However, the 24-month time period has expired, the work has not been performed and
the City and the Subdivider wish to amend the Agreement to clarify the work to be
performed, to increase the guaranty of completion of said work and to extend the time
period for completion for an additional 18 months from the date hereof.
D. Improvement Plans, and related specifications for the construction, installation
and completion of the Improvements identified in Schedule A hereto, have been prepared
by the Subdivider and approved by the City. The Improvement Plans, and related
specifications, are incorporated herein by this reference.
NOW, THEREFORE, the Agreement is amended as follows:
1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS
A. Subdivider shall, at its sole expense, relocate existing utility poles and
underground affected utilities as generally described in Schedule A attached hereto. This
obligation includes, but is not limited to, payment of funds to Southern California Edison
for engineering and design of the work, and for installation of wires in the underground
conduit. The location and size of the vault shall be subject to the approval of the Rolling
Hills Community Association.
B . Until the appropriate utility companies approve the Improvements,
Subdivider shall be responsible for the care and maintenance of such Improvements and
shall bear all risks of loss or damage to the Improvements. Neither City, nor their
respective officers, agents and employees, shall have any liability for any accident, loss
or damage to the Improvements prior to their completion and acceptance.
C. Subdivider shall, at its sole expense, obtain all necessary permits and
licenses for the construction and installation of the Improvements, give all necessary
notices, and pay all fees required by City ordinance or resolution and all taxes required by
law.
2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. Subdivider shall at all times maintain proper facilities and safe access for
inspection of the Improvements by the Los Angeles County Building Official, City,
RHCA personnel and the Utility Companies personnel.
B. Upon completion of the Improvements, the Subdivider shall request a final
inspection by the Los Angeles County Building Official, and the Utility Companies.
C. . If the Utility Companies and the Los Angeles County Building Official
determine that all of the Improvements have been completed in accordance with this
Amendment and in compliance with the Improvement Plans and all applicable standards,
then they shall certify to the City the completion of such Improvements.
D. Acceptance of the Improvements by the City shall be made upon
recommendation and certification of the Utility Companies and Los Angeles County
Building Official following inspection of the Improvements pursuant to subparagraph B
above.
3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. If, within a period of one (1) year following acceptance by the City of the
Improvements specified in Schedule A, any Improvements or part of any Improvements
furnished, installed or constructed by the Subdivider, or any of the work performed under
this Amendment, fails to comply with any requirements of this Amendment, or the
Subdivision Laws, or the Improvement Plans and related specifications, the Subdivider
shall, without delay and without cost to the City repair, replace or reconstruct any
defective or otherwise unsatisfactory part or parts of the Improvements.
B. Should the Subdivider fail or refuse to act promptly or in accordance with
subparagraph A above, or should the exigencies of the situation require repair,
replacement, or reconstruction to be undertaken before the Subdivider can complete said
work, then the City may, in its discretion, make the necessary repairs or replacements or
perform the necessary reconstruction. If the Subdivider s improvement security does not
cover the total cost of such repair, replacement or reconstruction, the Subdivider shall
reimburse the City for any excess costs incurred.
4. TIME OF PERFORMANCE
A. Subdivider shall complete the Improvements within eighteen (18) months
of this agreement but not later than November 14, 2004.
B. Upon a showing by the Subdivider of good cause therefof, the duration of
the Completion Period, may be extended by the City Manager. As used herein, good
cause may include, without limitation, delay resulting from an act of the City; acts of
God or force majeure, and strikes, boycotts or similar job actions by employees or labor
organizations which prevent the conduct of the work.
5. IMPROVEMENT SECURITY
A. On April 8, 1998 the Subdivider provided as security to the City an
instrument in the amount of one hundred twenty thousand dollars ($120,000) for labor
and material and one hundred twenty thousand dollars ($120,000) for faithful
performance. Subdivider shall enhance the security to a total of $200,000 for labor and
material and $200,000 for faithful performance, which represents one hundred percent
(100%) of the current Estimated Total Cost of the Improvements as set forth in Schedule
A. With this security, the form of which was approved by the City, and which remains in
full force and effect pursuant to the provisions of the bonds, the Subdivider assures
faithful performance under the Agreement and this Amendment thereto and guarantees
the Improvements for one year after the completion and acceptance of the Improvements
against any defective workmanship or materials or any unsatisfactory performance,
pursuant to Section 3 hereof.
B. The improvement security is a corporate surety bond. The surety shall
provide written assurance that its bond remains valid and in full force and effect as
regards this Amendment. If in the opinion of the City, any surety or sureties thereon
become insufficient, the Subdivider shall renew or replace any such surety bond with
good and sufficient surety within thirty (30) days after receiving form City written
demand therefor.
C. Improvement security consisting of surety bond shall be kept on file with
the City. If a surety bond is replaced by another approved bond, the replacement shall be
filed with the City, and, upon filing shall be deemed to have been made a part of and
incorporated into this Amendment. Upon filing and approval by the City of a
replacement bond, the former improvement security shall be released.
D. Modifications of the Improvement Plans and related specifications, and
modifications of the Improvements, not exceeding ten percent (10%) of the original
Estimated Total Cost of the Improvements, shall not relieve or release any improvement
security furnished by Subdivider pursuant to this Amendment. If any such modifications
exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider
shall furnish additional improvement security for performance and guarantee, and for
payment as required by subparagraph A above, for one hundred percent (100%) of the
revised Estimated Total Cost of the Improvements.
6. INDEMNIFICATION OF CITY BY SUBDIVIDER
A. Neither the City, County of Los Angeles or RHCA nor their respective
officers, agents and employees ( indemnitees) shall be liable or responsible for any
accident, injury, loss or damage to either property or person attributable to or arising out
of the construction or installation of the Improvements. Subdivider shall indemnify, hold
harmless and defend the indemnitees from and against any and all losses, claims, costs,
expenses, liabilities, damages, actions, causes of action and judgments, including
reasonable attorneys fees, arising out of or attributable to Subdivider s performance
under the Agreement and this Amendment thereto.
B . Subdivider s obligations under this Section 6 are not conditioned or
dependent upon whether the indemnitees prepared, supplied or reviewed any
Improvement Plans or related specifications in connection with the Subdivision or the
Improvements, or has insurance or other indemnification covering any of these matters.
C . Subdivider s obligation to indemnify, hold harmless and defend the
indemnitees shall extend to injuries to persons and damages to or alleged taking of
property resulting from the design or construction of the Subdivision, and the
Improvements required herein. The Southern California Edison Company s acceptance
of the Improvements shall not constitute an assumption by the indemnitees of any
responsibility or liability for any damage or alleged taking of property referenced herein.
The indemnitees shall not be responsible or liable for the design or construction of the
Subdivision or the improvements constructed or installed pursuant to the approved
Improvement Plans or the Final Map, regardless of any act or omission by the
indemnitees in approving the Improvement Plans or the Final Map, unless the particular
Improvement design was required by the indemnitees over the written objection of the
Subdivider, which objection stated that the Improvement design was potentially
dangerous or defective and set forth an alternative design. After Edison s acceptance of
the Improvements, the Subdivider shall remain obligated to correct or eliminate all
dangerous conditions created by defects in design or construction; provided, however,
that Subdivider shall not be responsible for routine maintenance. Subdivider s
obligations hereunder shall remain in effect for one (1) year following acceptance of the
Improvements. Subdivider acknowledges and agrees that Subdivider shall be responsible
and liable for the design and construction of the Improvements and other work done
pursuant to this Agreement, and the indemnitees shall not be liable for any acts or
omissions in approving, reviewing, checking, correcting or modifying any Improvement
Plans or relate specifications, or in inspecting, reviewing or approving any work or
construction of Improvements. If, in any judicial proceeding involving rights or
obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act
(Government Code sections 810, et seq.) asserted by the indemnitees, is determined by a
court of competent jurisdiction to be inapplicable or unavailable to immunize
indemnitees from potential liability for any alleged acts or omissions under this Section
6.C, then such rights or obligations of indemnity hereunder shall be governed by
principles of comparative fault.
7. INSURANCE
A. Prior to commencement of work on the Improvements, the Subdivider or
his Contractor shall obtain, and shall maintain throughout the period of construction, at
its sole expense, policies of general liability insurance covering any and all damages or
claims for damages for injuries to persons (including death) or property in an amount not
less than $1,000,000.00 for any one person, and, subject to the same limit for each
person, in an amount not less than $1,000,000.00 for property damage.
8. OWNERSHIP OF THE IMPROVEMENTS
Ownership of all or any category of the Improvements constructed and installed
by the Subdivider pursuant to this Agreement shall vest in the Southern California Edison
Company created as a condition of the Subdivision, or other specified governmental
agency(s), as appropriate, upon acceptance of the Improvements and recordation of a
Notice of Completion.
9. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF
THE CITY
A. Upon the occurrence of any of the following events, the Subdivider shall
be deemed to be in default under the Agreement:
i) Subject to any time extensions granted in accordance with Section
4, failure to complete the Improvements within the time performance specified in this
agreement;
ii) Failure to correct or cure any defect in the Improvements during
the one year guarantee and warranty period as required by Section 3.A;
iii) Subject to any time extensions granted in accordance with Section
4, failure to perform substantial construction work, after commencement of work on the
Improvements, for a period of thirty (30) days after written notice thereof from the City;
iv) Insolvency appointment of a receiver, or the filing of any petition
in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged
within a period of thirty (30) days;
v) Commencement of a foreclosure action against the Subdivision or
any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of
foreclosure; or
vi) Failure to maintain the improvement security required by Section 5
in effect during all times required by this Amendment, including failure to renew the
improvement security no later than fifteen (15) days prior to any expiration date; or
vii) Failure to perform any other obligations in accordance with the
terms and provisions of this Amendment within thirty (30) days after written notice
thereof from the City.
B. City reserves to itself all remedies available to it by law or in equity for
any breach of Subdivider s obligations under this Amendment. City shall have the right,
without limitation of other rights or remedies, to draw upon or utilize any improvement
security furnished hereunder to mitigate City s damages in the event of Subdivider s
default.
C. The City may serve written notice of any default upon the surety on any
corporate surety bond furnished as improvement security hereunder, and request that the
surety take over and complete the Improvements herein specified. If such surety, within
thirty (30) days after service of such notice of default, does not give the City written
notice of its intention to perform the Agreement, or does not commence such
performance within thirty (30) days after notice to the City of such intention to perform,
the City may take over the work and prosecute the same to completion, by contract or by
any other method the City deems advisable, for the account and at the expense of the
Subdivider and its surety.
D. Subdivider acknowledges that the Estimated Total Costs and improvement
security amounts set forth herein may not reflect the actual cost of construction or
installation of the Improvements, and, consequently, city s damages for Subdivider s
default shall be measured by the cost of completing the required Improvements. If the
damages incurred by the City in taking over and completing the Improvements exceeds
the principal amount of the improvement security, then Subdivider shall reimburse the
City in the amount of such excess.
E. City may, without liability for so doing take possession of, and utilize in
completing the Improvements, such materials, appliances, plant and other property
belonging to Subdivider as may be on the site of the work and necessary for the
Performance of the work. Subdivider hereby consents to entry by the City and its forces,
including contractors, upon any real property in the Subdivision owned by Subdivider or
by any assignee of the Agreement, in the event the City elects to maintain or complete the
work on the Improvements following Subdivider s default.
F. The City s failure 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 any subsequent default or breach of the Subdivider.
G. In case of suit brought upon the Agreement or this Amendment thereto,
the prevailing party shall be entitled to reasonable attorneys fees to be fixed by the court.
10. RELATIONSHIP OF THE PARTIES
Neither Subdivider, nor any of the Subdivider s contractors, employees or agents,
are or shall be deemed to be, agents of the City or RHCA in connection with the
performance of Subdivider s obligations under this Amendment.
11. ASSIGNMENT
Subdivider may assign the Agreement and this Amendment thereto without the
consent of the City in connection with a sale or other disposition of all or part of the
Subdivision, provided that no such assignment shall be effective unless: (a) the assignee
agrees in writing to the assignment and a copy of such writing is delivered to the City,
and (b) the surety on the improvement security furnished pursuant to this Amendment
agrees in writing to the assignment or the assignee provides equivalent substitute
security.
12. NOTICES
All notices required or provided for in this Amendment shall be in writing,
delivered in person or by mail, postage prepaid, and addressed as follows:
If to the City:
City of Rolling Hills, City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
If to the Subdivider: Dr. and Mrs. Robert Marshall
17 Portuguese Bend Road
Rolling Hills, CA 90274
Notice shall be effective on the date that it is delivered in person or, if mailed, on the date
of deposit in the United States Mail.
13. ENTIRE AGREEMENT
This Amendment and the Agreement constitutes the entire agreement of the
parties with respect to its subject matter. All modifications, amendments, or waivers of
any terms of this Amendment and the Agreement shall be in writing and signed by the
duly authorized representatives of the parties. In the case of the City, the duly authorized
representative, unless otherwise specified herein, shall be the City Manager.
14. SEVERABILITY
The provisions of this Amendment are severable. If a court of competent
jurisdiction holds any portion of this Amendment invalid, the remainder of the
Amendment shall remain in full force and effect.
15. INCORPORATION OF SUBDIVISION REFERENCE DATA AND
RECITALS
The Subdivision Reference Data, the Recitals and Schedule A are incorporated
into this Amendment.
16. GOVERNING LAW
Laws of the State of California shall govern this Amendment.
17. EFFECTIVE DATE OF THE AGREEMENT
This Amendment shall be and become effective as of the date that it is executed
by a duly authorized officer or employee of the City, it being the intention of the parties
that the Subdivider shall first execute this Amendment and thereafter submit it to the
City. The City shall insert the effective date in the Subdivision Reference Data in all
counterparts of this Amendment and shall transmit a fully executed counterpart to the
Subdivider.
IN WITNESS WHEREOF, the parties have caused this Amendment to be
executed by their respective officers, thereunto duly authorized, as of the dates set forth
below their respective signatures.
SUBDIVIDER -
Authorized Representative Authorized Representative
CITY - THE CITY OF ROLLING HILLS, A MUNICIPAL CORPORATION
By: Approved as to form:
Craig. R. Nealis, City Manager
Date:
Attest By:
Date:
Deputy City Clerk
By:
Date:
SCHEDULE A
City Attorney
CITY OF ROLLING HILLS
LOS ANGELES COUNTY, CALIFORNIA
SUBDIVISION REFERENCE DATA
PARCEL MAP NO. 23991
SUBDIVIDER: Dr. and Mrs. Robert Marshall
SUBDIVIDER ADDRESS: 17 Portuguese Bend Road
Rolling Hills, CA 90274
CITY COUNCIL RESOLUTION OF APPROVAL No. 814 dated June 9, 1997 as
amended by Resolution No. 839 dated April 27. 1998.
SPECIFICATION: PER DEVELOPMENT PLANS DATED MAY 2003, and
incorporated herein by reference as EXHIBIT A and EXHIBIT B .
DESCRIPTION OF WORK:
1. Remove the three existing utility poles, one located on the developed parcel at 17
Portuguese Bend Road and two located on the undeveloped parcel of land, also
known as 18 Portuguese Bend Road, as shown on the development plan dated
May , 2003, and incorporated herein as Exhibit A .
2. Install two new utility poles; one to be located in the southern side yard easement
on the developed parcel, at 17 Portuguese Bend Road, and the other to be located
in the northern side yard easement on the undeveloped parcel, 18 Portuguese
Bend Road, as shown on Exhibit B , dated May , 2003.
3. Underground all utility lines, including, but not be limited to electrical, telephone
and cable television, which traverse any portion of the two parcels, including
those currently traversing across Portuguese Bend Road to a utility pole located at
16 Portuguese Bend Road. EXCEPT that the utility lines may be strung above
ground from the two new utility poles to be located in the easements of the two
parcels, described above in item #2, across the canyon in a westerly direction to
the adjoining properties, as shown on Exhibit B , dated May , 2003.
ESTIMATED TOTAL COSTS: $200,000 material and labor
$200,000 faithful performance
EFFECTIVE DATE OF AGREEMENT: Mav ,2003
COMPLETION PERIOD: November 14. 2004.
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