Desert Valleys Builders Assoc/Directional Signs 10AGREEMENT FOR THE INSTALLATION AND MAINTENANCE
OF COMMUNITY DIRECTIONAL SIGNS
IN THE CITY OF LA QUINTA
This Agreement is entered into by and between the City of La Quinta, California, hereinafter the
"City", and the Desert Valleys Builders Association, a California nonprofit mutual benefit
corporation, hereinafter "DVBA", located at 34500 Gateway Drive, Suite 100, La Quinta, CA
92211, with reference to the following:
A. The City has determined that there is a current and continuing need for the construction of
directional kiosks ("Sign Kiosks") for residential subdivision at such locations throughout the
City as may be authorized by the City Manager.
B. DVBA desires to manufacture, erect, maintain, repair as needed, and replace the authorized
Sign Kiosks as well as the directional panels to be mounted on them. Following receipt of
the herein requested approval by the City, DVBA will enter into agreements to provide
individual panels to its members as well as to other developers and builders of housing
developments.
C. City desires that DVBA encourage its members and others in the building industry to use the
Sign Kiosks contemplated herein as the primary method of directional advertising for
housing developments within the City.
NOW, THEREFORE, the parties agree as follows:
DVBA shall, within 45 days of issuance of an encroachment permit by the City, erect the
authorized number of Sign Kiosks and complete the installation of said signs at such
locations as approved by the City. The Sign Kiosk program will be made available to all
residential subdivision developers in the City of La Quinta at one price, irrespective of trade
affiliations. The Sign Kiosks shall be manufactured in accordance with the following
specifications:
A. Each Sign Kiosk structure shall not exceed six feet in width and eight feet in height.
Individual directional panels shall be constructed so as to conform to the size and design
of the Sign Kiosk. In no event shall individual panels exceed 16 inches by 72 inches.
B. All Sign Kiosks and directional panels mounted on a Sign Kiosk shall be of the same
design and shall match artwork approved by the City Manager or designee. Detailed
construction plans shall be submitted for approval. Attached hereto as Exhibit A is a
diagram of the Sign Kiosk structure and individual directional panels. All structures
erected shall conform to the approved Sign Kiosk plans.
C. Each directional panel content shall be limited to a directional arrow and the name of the
Builder or Developer and/or the name of the community or subdivision.
D. Each Sign Kiosk shall provide space for one directional sign panel indicating the location
of public buildings, public facilities or public services if so requested by the City,
Page 1 of 4
including but not limited to such facilities as parks, schools and public buildings. The
City agrees to reimburse DVBA for its actual costs of producing and maintaining such
panels.
E. Sign Kiosks shall be located in such manner as to not obscure vehicular sight -distance at
street intersections as determined by the Director of Public Works.
2. DVBA shall obtain Sign Kiosk encroachment permit(s) from the City as may be required.
Whenever possible, the City shall allow several sign locations to be combined on a single
permit.
3. In the event any Sign Kiosk is to be erected on private property, DVBA shall obtain the
written consent from the landowner for the installation and maintenance of the structure
including a provision giving the City the right to enter the property and remove the sign for
noncompliance with any City code. A copy of said consent shall be filed with the Director of
Public Works prior to City issuance of the encroachment permit for the Sign Kiosk. Any
private property rental or license fees required shall be paid by DVBA.
4. DVBA agrees to reimburse the City for any costs reasonably incurred in administering this
Agreement.
5. It shall be the sole responsibility and liability of the DVBA to maintain, repair and/or replace
each Sign Kiosk or panel as necessary so that they remain in good condition and repair.
Additionally, at any time as the City may notify DVBA in writing that repairs are needed to a
particular Sign Kiosk or panel, DVBA agrees that it shall repair or replace said Sign Kiosk or
panel within five business days of its receipt of such written notice.
6. It is the intent of both parties that all off -site directional Sign Kiosks are to be installed and
maintained in accordance with the City's zoning ordinance and this Agreement. DVBA
further recognizes the City's desire to limit use of outdoor advertising for housing
developments, and agrees to use good faith efforts to discourage the use by DVBA's
members and other builders and developers of temporary signs, A -frame signs and any other
outdoor advertising devices erected, installed or maintained contrary to the City's ordinances.
DVBA agrees to use its best efforts with its members and others in the building industry to
secure maximum compliance with the City's ordinances and to avoid proliferation of
temporary or otherwise prohibited signs.
7. In the event that the Sign Kiosk program herein described is deemed to be prohibited by any
applicable law, all Sign Kiosks within the City shall be promptly removed and this
Agreement shall terminate without liability to the City. In the event that the City is made a
party to any suit seeking damages as a result of the removal of said Sign Kiosks and the
termination of the Agreement, DVBA shall indemnify and hold the City, its officials and
employees free and harmless of all costs, claims, and damages that may result there from.
The City may, at its sole and absolute discretion, select its own counsel to defend the City
and the DVBA will pay all legal costs incurred by the City.
8. DVBA agrees that it will not allow any third party to make addition to, or attach any tag,
sign, streamer, device, display board or other appurtenance to either Sign Kiosks or panels.
Page 2 of 4
9. Throughout the term of this Agreement, DVBA agrees to maintain in full force and effect
property damage and public liability insurance covering the Sign Kiosks and panels attached
thereto in the amount of $2,000,000 and shall name the City as an additional insured on said
policy. Proof of insurance coverage and an endorsement naming the City as an additional
insured shall be provided to the City prior to the execution of this Agreement, and a renewal
certificate and endorsement shall be provided upon the renewal date annually as long as this
Agreement remains in effect.
10. In the event that it becomes necessary to physically move one or more of the Sign Kiosk
structures, DVBA agrees to promptly move said Sign Kiosk(s) at its sole cost and expense
and to reinstall it as such new location as directed and authorized by the City. In the event
the City must move a sign, the DVBA shall reimburse the City for all costs associated with
removal.
11. This Agreement shall automatically renew on a year-to-year basis, subject to the right of
either party to terminate this Agreement upon giving the other party at least 30 days written
notice of termination prior to the renewal date. In the event of a termination, the City shall
have a 30-day right to purchase from DVBA all of the Sign Kiosk structures and panels for
an amount equal to DVBA's cost(s) thereof. If the City does not exercise this right, DVBA
agrees to forthwith remove any and all such structures upon written notice from the City. If
DVBA fails to remove such structures within 30 days after the mailing of such notice, the
City may remove any and all such structures left in place and destroy them and the City shall
not be liable for damages therefore.
12. No provision in this Agreement is to be interpreted for or against either party because that
party or its legal representative drafted such provision.
13. Any and all notices or other communications required or permitted by this Agreement or by
law to be served on, given or delivered shall be deemed served when personally delivered to
the party to whom it is addressed or in lieu of such personal service two days after deposited
in the United States mail, first class, postage prepaid, addressed as follows:
To the City: City of La Quinta
Attn: City Manager
P.O. Box 1504
La Quinta, CA 92247-1504
To DVBA: Desert Valleys Builders Association
Attn: Executive Officer
34500 Gateway Drive, Suite 100
La Quinta, CA 92211
Either party may change its address for the purposes of this paragraph by giving written
notice of such change to the other party in the manner provided for above.
14. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the
benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.
Page 3 of 4
15. The invalidity of any portion of this Agreement will not affect the validity of any other
provision or portion of this Agreement. If any term or provision of this Agreement or the
application thereof to any party or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby and each term,
provision or part hereof shall be valid and enforceable to the full extent permitted by law.
16. This Agreement shall be construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QUINTA,
a California municipal co oration THOMAS P. GENOVESE, City Manager
Dated: % /-/0
ATTE
VERONICA J. ON ECINO, CMC, City
Clerk, La Qu' ta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, Califo is
t/
CONTRACTOR:
Page 4 of 4
CERTIFICATE OF INSURANCE
PRODUCER
Pickett & Associates Insurance Agency
ISSUE DATE 1012912010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
905 Savannah Dr
Grover Beach, CA 93433
COMPANIES AFFORDING COVERAGE
COMPANY A Lloyd's of London
LETTER
INSURED
COMPANY B N/A
LETTER
COMPANY C N/A
LETTER
Desert Valleys Builders , Association
34-500 Gateway Drive Ste 100
COMPANY D N/A
LETTER
Palm Desert, CA 92211
COMPANY E Lloyd's of London
LETTER
COVERAGES
IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
THIS IS TO CERTIFY THAF
POLICY PERIOD INDICAHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THITE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS.
CO TYPE OFY
LTR INSURANCER
A GENERAL LIABILITY
POLICY POLICY LIMITS
EFFECTIVE DATE EXPIRATION DATE
7/9/2010 7/9/2011 GENERAL AGGREGATE 2,000,000
PRODUCTS-COM/OP AGG. Included
PERSONAL B ADV. INJURY 1,000,000
EACH OCCURRENCE 1,000,000
DAMAGE PREM RENTED TO YOU 100,000
MED EXPENSE (Any one person) 5,000
COMBINDED SINGLE LIMIT
B
PERSONAL LIABILITY
MEDICAL PAYMENTS TO OTHERS
C
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
D
E
PROPERTY
TCN025608
7/9/2010
7/9/2011
OBUILDING-
7,500
DESCRIPTION OF OPERATIONS / VEHICLES I SPECIALTY ITEMS
Clubs civic, service or social buildings or premises owned or leased Not- For- Profit only, Banks and Offices other than Governmental
CERTIFICATE HOLDER
PO Box 1504
Addili0nal Insufed: City:::::]AUTHORIZED
La Quinta, CA 92247
Should any of the above described policies be cancelled before the expiration date,
he company shall endeavor ro mail 30 days written notice to the certificate holder
amed to the left, but failure to mail such notice shall impose no obligation or liability
f any kind upon the company, its agents, or representatives.
SIGNATUREAJ�
65420
NOTICE:
1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED
BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA.
THESE COMPANIES ARE CALLED "NON -ADMITTED" OR "SURPLUS LINE"
INSURERS.
2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY
REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA
LICENSED INSURERS.
3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE
GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE
FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE
INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS
PROMISED.
4. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE INSURERS
APPROVED BY THE INSURANCE COMMISSIONER. ASK YOUR AGENT OR
BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE
INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE:
www.insurance.ca.gov.
5. FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU SHOULD ASK
QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE"
BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE,
AT THE FOLLOWING TOLL -FREE TELEPHONE NUMBER: 1-800-927-4357.
6. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY
YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE
EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS
DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN
TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE
FORM AND. A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE
BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY
WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL
COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE
CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU.
SF 199222.2 73670 00741 D-2 (Effective January 1, 2009)
talco
INSURANCE SERVICES
POLICY ENDORSEMENT
Name of Assured Producer
Desert Valleys Builders 514335
Association Pickett & Associates Insurance Agency
34-500 Gateway Drive Ste 100 905 Savannah Dr
Palm Desert, CA 92211 Grover Beach, CA 93433
POLICY NUMBER: TCN025608 ENDORSEMENT NUMBER: 004
COMPANY: Lloyd's of London
POLICY EFF. DATE: 07/09/2010 POLICY EXP. DATE: 07/09/2011
ENDORSEMENT EFF. DATE: 11/01/2010
Endorsement 004
Form CG2026 0704 is added to list the following as additional insureds:
-City of La Quinta
-City of Cathedral City
-City of Indio
-City of Coachella
-City of Desert Hot Springs
-County of Riverside
Form CG2010 (07/04) is added to list the following additional insured:
PMA Advertising
See attached forms.
Premium is 100% earned.
Form CL150 is amended to change the premium for code #41668 to $148 MP. The following classification is amended:
Code #49950 (additional insured), t) 9, flat rate, $900 premium.
The new CGL premium is $1,048.
This Endorsement is issued by
TAPCO Insurance Services
Post Office Box 286
Burlington, NC 27216
800-334-5579
FMLEA-K
Page 1 of 2 1004
w*Wmws�
Authorized Representative
License Number: OG63253
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INSURANCE SERVICES
POLICY ENDORSEMENT
Name of Assured Producer
Desert Vallevs Builders 514335
Premium Tax and Fee Changes
Prior Annual Base Premium $700.00
New Annual Base Premium $1,398.00
Flat Additional Annual Base Premium $698.00
Flat Additional Tax $20.94
Flat Additional State Fees $1.74
Flat Additional Annual Gross Premium $720.68
ALL OTHER PROVISIONS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
This Endorsement is issued by FMLEA-K
TAPCO Insurance Services
Post Oton, Box 286 721 I IIIIIII (IIIII 11111 IN 111111111111
Burlington, NC 2216
800-334-5579 Authorized Representative
License Number: OG63253
Page 2 of 2 1004
tapco
URANCE SERVICES
ENDORSEMENT INVOICE
Name of Assured Producer
Desert Valleys Builders 514335
Association Pickett & Associates Insurance Agency
34-500 Gateway Drive Ste 100 905 Savannah Dr
Palm Desert, CA 92211 Grover Beach, CA 93433
POLICY NUMBER: TCN025608 ENDORSEMENT NUMBER: 004
COMPANY: Lloyd's of London
POLICY EFF. DATE: 07/09/2010 POLICY EXP. DATE: 07/09/2011
ENDORSEMENT EFF. DATE: 11/01/2010
Flat Additional Annual Base Premium
$698.00
Policy Fee Difference
$0.00
Flat Additional State Fees
$1.74
Flat Additional Tax
$20.94
Flat Additional Annual Gross Premium
$720.68
Earned Commission
-$87.25
Balance Due
$633.43
THIS INVOICE DOES NOT REFLECT ANY PRIOR DEBITS OR CREDITS WHICH MAY BE PENDING.
TAPCO accepts Visa, MasterCard, and electronic (ACH) checks.
This Invoice is issued by FMLEA-K
TAPCO Insurance Services
Post Office Box 286
I IIIIIII (IIIII IIIII IIII IIIII III IIII
Burlington, NC 27217216
Authorized Representative
800-334-5579
CA License Number: OG63253
Page 1 of 1 1004
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
or
PMA ADVERTISING
550 S OLEANDER ROAD
PALM SPRINGS, CA 92264
SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion(s) apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)
at the location of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004
Page 1 of 1
Original
POLICY NUMBER: TCN025608
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
CITY OF LA QUINTA
Address:
P.O. BOX 1504f78-495 CALLE TAMPICO
LAQUINTA, CA 92247
LA QUINTA CA 92253 -
CITY OF CATHEDRAL CITY
Address:
68-700 AVENIDA LALO GUERRERO
CATHEDRAL CITY CA 92234 -
CITY OF INDIO
Address:
P.O. BOX DRAWER 1788
100 CIVIC CENTER MALL
INDIO CA 92201 -
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to include
as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", 'property damage"
or "personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
Copyright ISO Properties, Inc., 2004 Page 1 of 1
POLICY NUMBER: TCN025608
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
CITY OF COACHELLA
1515 SIXTH STREET
COACHELLA CA 92236 -
CITY OF DESERT HOT SPRINGS
Address:
65950 PIERSON BLVD
DESERT HOT SPRINGS
COUNTY OF RIVERSIDE
Address:
4080 LEMON STREET
4TH FLOOR
RIVERSIDE
CA 92240 -
CA 92502 - 1647
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to include
as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 Copyright ISO Properties, Inc., 2004 Page 1 of 1