20052-6 Laguna De La Paz 84r
CITY OF LA QU NTA
THIS AGREEMENT,, made and entered into this. day of 119
by and bets hereinafter referred to as "SUBDIVmM ,
and CITY OF LA Q U I N TA , a municipal corporation of the State of California, herein-
after referred to as "CITY".
WITNESSETH:
WHE]E2EAS, the Subdivider has prepared and filed a final subdivision map of Tract
No. 20052-6 in the Ci t of La
val by City; and Y Q u � '
n t a .County of Riverside, for appro-
WEEJREAS, as a condition precedent to the approval of said map by City, Subdivi-
der is required to offer for dedication those parcels of land intended for streets,
highways and other public use, and also to construct and install or agree to construct
and install certain improvements on said dedicated parcels; and
M REAS, Subdivider, by said map, has offered for dedication to City for public
use certain streets and easements shown on said map; and
W RE'.AS, City desires to'_accept the streets and easements shown on said map for
public use, and certain other such improvements; and
WHEREAS, as a condition precedent to the acceptance of the dedication of such
streets and easements by City; Subdivider is required to enter into an agreement
with the City to construct certain improvements; and
WHEREAS, the total cost of such improvements has been estimated by the City
Engineer to be approximately -0- Dollars; and
WHEREAS, Subdivider by said map has proposed to utilize certain parcels of land
for private streets, and also to construct and install or agree to construct and in-
stall certain improvements; and
WHEREAS, Subdivider by said map has not offered for dedication to the City for
public use the aforementioned private streets; and
WMMEAS, even though said private streets shall not be dedicated to City for
public use, City desires to insure that said streets are constructed to the same
standards and specifications required by City for public streets; and
%HMMAS, the total cost of such improvements has been estimated by the City
Engineer to be approximately 17 8 010 0.5 2 Dollars;
N(Xa T��RERE, IT IS AGREE by and between the parties hereto as follows:
1. Subdivider, at his sole cost and expense, shall construct and install the
street, drainage, domestic water, sanitary sewer and other improvements required to
be constructed or agreed to be constructed as a condition precedent to the approval
of said final map and acceptance of such streets and easements, as shown on the "Im-
provement Plans for Tract No. 20 0 5 2 - 6 a copy of which is now on file in
the office of the City Engineer of the City and which is referred to and incorporated
herein as though set forth in full.
2. Subdivider shall furnish to City a security satisfactory in form and substance
to City Attorney executed by a corporation authorized to transact surety business in
the State of California on forms approved by the City, one security to be in the stun
of -0- Dollars to assure the faithful performance of this Agree-
ment, and one security to be in the sure of _�_ Dollars to assure payment
of the cost of the labor and materials for the improvements required to be constructed
or installed hereby.
3. Before final approval of the street improvements, the Subdivider will place
survey monuments in accordance with the provisions of the State Subdivision Map Act
and the Subdivision Ordinance of the City of Rancho Mirage as shown on the Tract Map.
The Subdivider, after setting the monuments, shall furnish the City Engineer of
the C i t y o f L a Q u i n t a , written notice of the setting of said monuments and written
proof of having paid the engineer or surveyor for the setting of said monuments, or
as provided for in the Subdivision Map Act.
Subdivision Improvement Agreement
Page k
4. In accordance with the terms of said subdivision regulation aforesaid,
the Subdivider does hereby agree to furnish a security satisfactory in form and
substance to the City Attorney in the amount of $ 5 , 0 0 0.0 0 _ Dollars to
guarantee payment of the cost of setting monuments as stated in Item No. 3 of
this agreement.
5. The City Engineer or his duly.authorized representative, upon written
request of Subdivider, shall inspect the improvements herein agreed to be con-
structed and installed by Subdivider, and if determined to be in accordanceh
of such
the applicable City standards, shall reccnrmnd the acceptance improvements
by the City.
6. Subdivider shall ccn plete such improvement plans including any corrections
and revisions thereto necessary to conply with the applicable City standards as
determined by the City Engineer, within thirty (30) days after approval of the
final map.
7. Subdivider shall guarantee such improvements for a period of one year
following the cc npletion by Subdivider, and acceptance by City, against any
defective work or labor done, or defective materials furnished, in the performance
of this Subdivision Improvement Agreement by Subdivider and shall repair or replace
any such defective work or materials discovered during said one year period.
8. Subdivider shall:commence the construction and installation of such
improvements within ninety (90) days from the approval of such Improvement Plans
for Tract No. 20 0 5 -6 by the City Engineer, and shall complete such
construction and installations within eighteen (18) months frona such date of
ccmmencement.
9. The labor and material security required herein at Item No. 2 shall be
retained to secure payment to the Contractor, his subcontractors, and to persons
renting equipment or furnishing labor or materials for six (6) months after com-
pletion and acceptance of the work provided at Item No. 1 herein by the City-.
10. Fifteen percent (15%) of the performance security required by Item No. 2
herein shall be retained by the City for one (1) year to support the guarantee of
the improvements by the Subdivider as required by Item No. 7 herein.
11. Subdivider also agrees, at his sole cost and expense, to construct and
install.to the standards and specifications required by the City, the Private
Streets as shown on the aforementioned "Improvement Plans" for Tract No. 2 0 0 5 2 - 6 •
12. Subdivider shall furnish to City a security satisfactory in form and
substance to the City Attorney executed by a corporation authorized to transact
surety business in the State of California on forms approved yassure eCity, faithful
security to be in the sum of $ 17 8 ,10 0.5 ? ne
Dollars
Private Streets, and one
performance of this Agreement with respect to said
security to be in the sum of $ 8 9 , 0 5 0.2 6 Dollars to assure payment of
the cost of labor and materials for the Private Streets required to be constructed
hereby.
13. The City Engineer or his duly authorized representative, upon written
request of Subdivider, shall inspect the Private Streets herein agreed to be
constructed by Subdivider,, and determine if said Private Streets have been con-
structed in compliance with the standards and specifications required by City
for public streets.
14. Subdivider shall guarantee said Private Streets fora period of one year
following the conpletion by Subdivider, and approval by City Entineer, against any
defective work or labor done, or defective materials furnished, in the performance
of this Subdivision Improvement Agreement by Subdivider and shall repair or replace
any such defective work or materials discovered during said one year period.
15.
Subdivider shall conmence the construction and installation of said
private Streets within ninety (90) days from► the approval of such Dprov nlen Manion
for Tract No. 20 052-6 by the City Engineer, and shall complete such cons
and installations within eighteen (18) months from such date of canw-incement; pro-
vided, however, that Subdivider shall have the option at its sole discretion to
extend the completion period described herein past the eighteen (18) months time
subdivision Improvement Agreement
Page 2
period to any future date said Subdivider may select. It is understood, however, that
as a condition precedent to extending the aforementioned completion period, Subdivider
shall furnish to City the securities described in Item No. 12 herein covering any
extended campletion period selected by Subdivider pursuant to this paragraph. The
amount of said securities to be furnished to City pursuant to this paragraph shall
be sufficient to insure the performance of additional work to cca plete, after taking
into account work already performed, the aforementioned Private Streets." -Said
securities amount to insure cenpletion shall be determined by City's engineer.
16. The labor and material security required herein at Item No.'12 shall be
retained to secure payment to the contractor, his subcontractors, and to persons
renting equipment or furnishing labor or materials for six (6) months after completion
and approval of the work provided at Item No. 11 herein by the City Engineer.
17. Fifteen percent (15%) of the performance security required by Item No. 12
herein shall be retained by the City for one (1) year to support the guarantee of the
improvements by the Subdivider as required by Item No. 15 herein.
18. In the event that Subdivider fails to perform any obligation hereunder,
Subdivider authorizes City to perform such obligation sixty (60) days after mailing
-�:,- -Len Notice of Default to Subdivider at the address given below, and agrees to
pay the entire cost of such performance by City.
19. In the event that Subdivider fails to perform any obligation hereunder,
Subdivides agrees to pay all costs and expenses incurred by City in securing per-
formance of such obligations, including costs of suit and reasonable attorney's
fees. in the event that Subdivider is unable to perform within the time limits herein
due to causes beyond his control, such as strikes, acts of God, etc., all time limits
will be extended by the same amount of time as caused by such delay.
20. Subdivides hereby binds itself, its executors, administrators and assigns,
and agrees to indemnify, defend and hold the City harmless fran any losses, claims,
demands, actions or causes of action of any nature whatsoever, arising out of or in
any way connected with the improvements agreed to be constructed and installed
hereunder by the Subdivider, including costs of suit and reasonable attorney's fees.
IN WITNESS MEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF LA QUINTA
By:
Frank M.
Manager
By.
Ann Jennings, Deputy City glerk
0-9VA!illf It
LAGUNA DE LA PAZ, LTD.
By. M. B . JOHNSON. PROPERTIES-,
GENERAL PARTNER
By:
MERVIN B. J HNSO PRESIDENT
APPRDVED 6U 4L`"t- Date
City Engineer
CITY OF LA QUINTA
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this e�2.ncl day of n a Qm,6er , 19 98 , by and between Roger
Snellenberger & Associates, Inc., a California Corporation hereinafter referred to as "Developer," and the
City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Developer desires to improve a tract of land in the City of La Quinta, County of Riverside, which
tract is known as Tract No. 20052-6 (the "Tract") pursuant to the provisions of Section 66410, et sec. of
the California Government Code (the "Subdivision Map Act") .
B. As a condition of approval of the Final Map for the Tract, and as obligated by the original
Subdivision Improvement Agreement for the Tract, which original agreement remains in full force and effect,
certain public and private improvements are required to be installed (the "Improvements").
C. The Improvements have not been installed and accepted at this time.
D. Security furnished with the original Subdivision Improvement Agreement is no longer sufficient to
guarantee the Improvements as required by Section 66462 of the Subdivision Map Act.
E. It is therefore necessary that Developer and City enter into this Agreement to provide supplemental
security in guarantee of the installation of the Improvements.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvements. Developer shall construct the public and private street, drainage, utility,
landscaping, and other improvements required to be constructed or agreed to be constructed under this
Agreement as listed and described in the List of Improvements attached hereto as Exhibit "A" and
incorporated herein (the "Improvements"), and shall bear the full cost thereof. The methods, standards,
specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
2. Improvement Security.
A. As a condition of City Council approval of this Agreement, Developer shall have furnished
supplemental performance and payment securities to City which securities shall guarantee of the completion
of the Improvements, as set forth in Government Code Section 66499 et sec. One class of security to be
provided by Developer, hereinafter referred to as "performance security," shall assure the faithful
performance of this Agreement including payment of associated plan check and permit fees. A second class
of security to be provided by Developer, hereinafter referred to as "payment security," shall assure the
payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third
class of security to be provided by Developer, hereinafter referred to as "guarantee security," shall serve
as a guarantee and warranty of the Improvements for a period of one year following the completion and
acceptance of the Improvements.
B. Subject to the approval of the City Engineer, security may be furnished in the form of (1) a
deposit of cash or negotiable bonds, of the kind approved for securing deposits of public moneys with City
or in favor of City, with a responsible escrow agent or trust company, (2) bonds satisfactory in form and
substance to the City Attorney and executed by a corporation authorized to transact surety business in the
State of California, (3) an instrument of credit from an agency of the state, federal, or local government
when any agency of the state, federal, or local government provides at least twenty percent (20%) of the
financing for the Improvements to be completed, or from one or more financial institutions subject to
regulation by the state or federal government and pledging that the funds necessary to carry out the
completion of the Improvements are on deposit and guaranteed for payment, or a letter of credit issued by
such a financial institution, and/or (4) a lien upon the Tract, created by contract between City and
Developer, if City finds that it would not be in the public interest to require the installation of the
Improvements sooner that two (2) years after the recordation of the Tract Map. The duration of any such
bond or letter of credit shall be for a period of not less than one year from the execution of the Agreement
or such longer period for completion of the Improvements, whichever is greater; further provided that the
duration of such bond or letter of credit shall be extended to provide the performance security holdback
provided in Section 13 hereof.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. Separate
security shall be furnished for performance security and payment security. The aggregate amount of
performance security, including other security which may have been provided by others, shall equal One
Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan
check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City
Engineer. The aggregate amount of labor and materials security, including other security which may have
been provided by others, shall equal Fifty Percent (50%) of the amount of performance security except as
otherwise set forth in Exhibit A. City shall retain Ten Percent (10%) of the performance security for one
(1) year following acceptance or approval of the Improvements to support the guarantee of the
Improvements pursuant to Section 12 hereof. As part of the obligation secured by each of the performance
security, payment security and guarantee security, and in addition to the face amount of each such security,
each such security shall include and assure the payment of costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing the obligations thereby
secured.
D. Certain Improvements required herein may be deferred for construction by others at a later
date. Deferred improvements, if any, are identified in Exhibit A. Security furnished for deferred
improvements shall remain in place until the deferred improvements are constructed and costs are known
and shall guarantee the reimbursement by Developer of Developer's share of the cost of the deferred
improvements.
Upon written demand from City, Developer shall deposit cash with City in lieu of or in replacement of
securities guaranteeing deferred improvements.
3. Permits Reauired. Prior to commencing any phase of work, Developer shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits shall
comply with all provisions of the required permits.
4. Completion of Improvements. Developer shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the City
Engineer as set forth in Exhibit A.
5. Force Majeure. In the event that Developer is unable to perform within the time limits herein due
to strikes, act of God, or other events beyond Developer's control, the time limits for obligations affected
by such events will be extended by the period of such events.
6. Time Extension. Developer may make application in writing to the City Council for an extension
of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the terms
and conditions of this Agreement.
As a condition of the time extension, Developer shall furnish to City securities, similar in form and
substance to those required in Article 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to insure the performance of and payment for improvement work that remains
incomplete at the time of the extension, and to provide guarantee security on completed improvements.
7. Survey Monuments. Before final approval of street improvements, Developer shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and
Section 13.20.100 of the City Subdivision Ordinance. Developer shall provide the City Engineer written
proof that the monuments have been set and evidence of payment and receipt thereof by the engineer or
surveyor setting of the monuments.
8. Approval of Improvements. At the completion of construction and prior to acceptance of the
improvements by the city, Developer shall submit a request for final approval by the city. The request shall
be accompanied by signed and stamped certification by Developer's engineer stating that "The construction
of improvements associated with Tract 20052-6 was properly monitored by qualified personnel under my
supervision. The work was constructed according to approved plans and specifications except as otherwise
noted on the as -built drawings and specifically acknowledged by the City Engineer."
Upon receipt of said request, the City Engineer or a duly authorized representative shall inspect the
Improvements. If the Improvements are determined to be in accordance with applicable city standards and
specifications, and as provided herein, the City Engineer shall recommend approval of private improvements
and acceptance of public improvements by City.
9. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Developer shall make any necessary revisions to the original plans held by City so the plans depict
the actual Improvements constructed. When necessary revisions have been made, each separate sheet of
the plans shall be clearly marked with the words "As -Built" or "As -Constructed," the marking shall be
stamped by an engineer or surveyor, as appropriate, who is licensed to practice in California, and the plans
resubmitted to the City Engineer.
10. Improvement Guarantee. Developer hereby guarantees the improvements to City for a period of
one (1) year, beginning on the date of final acceptance of all Improvements by the City Council, against any
defective work or labor done, or defective materials furnished, and shall repair or replace such defective
work or materials.
11. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 66499.7 of the Subdivision Map Act and of Section 3 of this agreement. Prior to the release of
Subdivision Improvement Agreement - Tract 20052-6 Page 2 of 5
payment security, the City Engineer may require Developer to provide a title report or other evidence
sufficient to show claims of lien, if any, that may affect the amount of payment security released.
12. City Right to Cure. If Developer fails to perform any obligation hereunder and such obligation has
not been performed within sixty (60) days after written notice of default from City, then City may perform
the obligation, and Developer shall pay the entire cost of such performance by City including costs of suit
and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or
compelling public interest, as determined by the City Engineer, the requirement for written notice of default
and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall
remain in effect.
13. Indemnification. Developer hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City
and its officers, employees, agents, representatives, and assigns harmless from and against any losses,
claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way
connected with Developer's performance hereinunder, including costs of suit and reasonable attorneys'
fees.
14. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Tentative Tract Map Conditions of Approval for the Tract. In the event that any
requirement or condition of this Agreement is inconsistent with provisions of the Tentative Tract Map
Conditions of Approval for the Tract, which document is incorporated herein by reference, the provisions
in the Tentative Tract Map Conditions of Approval shall prevail.
15. Severability. In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
16. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered
or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses
indicated below their respective signatures. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or
refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice
to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in
this Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State
of California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
Subdivision Improvement Agreement - Tract 20052-6 Page 3 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF LA QUINTA:
ATT T:
AE�P<
Ity Clerk
DEVELOPER:
By:0111
Title: .
By:
Title:
Robert L. Hunt
City Manager
ADDRESS:
Reviewed and Approved:
City En 'Weer Date
CALIFORNIA ALL-PURPOSE ACKNQWLEnGNENT
State of LILL,
T
County of
On :� before me
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NO RY PUBLIC'
personally appeared --
NAME(S) OF SIGNEF
❑ personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
oFFICWWx, capacity(ies), and that by his/her/their
LORI K• ASELA signature(s) on the instrument the person(s),
w or the entity upon behalf of which the
F19.
Co I"VE a Exp l .IM 1S, i994 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
�l OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
-E160137RATE OFFICER(S)
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
[:]GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
U1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
Exhibit A
LIST OF IMPROVEMENTS AND SECURITY AMOUNTS
Developer shall furnish performance security and payment security prior to the issuance of any permit
for construction of improvements or homes within the Tract.
As elements of the work are completed, Developer may request a maximum of three partial releases
of performance security. Requested releases will be evaluated and may be granted, in whole or in part,
by the City Engineer. Requests for partial releases, setting forth in detail the amount of work
completed and the value thereof, shall be made in writing to the City Engineer.
Improvement Description Performance Payment
Street & Storm Drain Improvements 129,300 64,650
Domestic Water Facilities 62,300 31,150
Sanitary Sewer Facilities 57,100 28,550
Electrical Facilities 40,100 20,050
Survey Monumentation 5,000 0
Totals: $293,800 $144,400
F A I T N F U L PERFORMANCE BOND
CITY OF LA QUINTA
State of California
(Government Code Section 66499.1)
FOR: Streets and Drainage $ i nn,452. 72
Water System $
Sewer System $
Tract No. 20052-6
Parcel Map No.
Bond No. KO 21011 � 0
Premi um -in n n
SuretyAFTNA INSURANCE COMPANY 1; Principal LAGUNA DE LA P A Z , LTD.
Address. O. Box 4 0 9 2, Terminal Annex Address 400 N. T u s t i .n Ave. . Suite 231
City Los Angeles, CA 90051 City
Santa Ana, CA 92705
WHEREAS, The City Council of the Ci ty of ' La Qui nta, State of California, and
LAGUNA DE LA PAZ, LTD.
hereinaf ter designated as "principal" have entered into, or are about to enter into the
attached agreement(s) whereby principal agrees to install and complete the above designated
ublic improvements, relating to (Tract/Parcel) Map Number 20052.-6 , which agreement(s) is/a
ereb referred to and made a art hereof; and
y P
WHEREAS, Said principal is required under the terms of said agreement(s) to furnish bodd(s)
for the faithful performance of said agreement(s).
NOW, therefore, we, the principal and AETNA INSURANCE COMPANY ,
as surety, are held and firmly bound unto the City of La Q u i n t a in the penal sum of
ONE HUNDRED THOUSAND FOUR
HUNDRED FIFTY TWO and 72/100------------------------dollars ($ )
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 an.d provisions in
the 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 "of La Qui ntalits 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 a 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 county in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder -or the
specifications accompanying the same shall in anywise affect its obligation on this bond,
anal it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the agreement or to the work or to the specifications. Surety
further stipulates and agrees that the provisions of Section 2845- of the Civil Code are
not a condition precedent to the Surety's obligations hereunder and are hereby waived
by the Surety.
When the work covered by the Agreement is -complete, the City Council of the C i ty
of LaQuinta will accept the work and thereupon the amount of the obligation of this
J
bond is reduced by 90% with the remaining lOp held as security for the one year maintenance
period provided for in the Agreement(s).
In witness whereof, this. instrument has been duly executed by the principal and surety
above named, on September 7. , 19--.U.
LAGUNA DE LA PAZ, LTD
NAME OF PRINCIPAL: M.B. JOHNSON PROPERTIES, GENERAL PARTNER
AUTHORIZED SIGNATUR
NAME OF SURETY: AETNA INSURANCE
AUTHORIZED SIGNATURE:
• Title
(IF CORPORATION, AFFIX SEAL)
Arold Brims ITS ATTORNEY -IN -FACT Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY -IN -FACT.
NATERIALw AND LABOR BOND
CITY O.F LA QU I NTA
State of California
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 50 , 26.36
Water System $
Sewer System $_
Tract No.- 20052-6
Parcel Map No.
Bond No-. KO 210113 0
Premium INCL IN PERFORMANCE B=
Surety A-PTNA TNsupamrr rnMpAbi Principal _ LAGUNA DE I A PAZ 1 Tn
Addressp,= Rax 4_09,2- TPrmi nal annex Address 400 N . Tustin Ave., Suite 231
CitvLos Angeles, CA 90051 City Santa Ana, CA 92705
�HEREAS, The City Council of theCi ty of La Quinta, State of California, and
• LAGUNA DE LA PAZ, LTD.
hereinafter designated as It have entered into, or are about to eno. into the
attached agreement(s) whereby principal agrees to install and complete the above designated
public improvements, relating to (Tract/Parcel) Map Number 2 0 0 5 2 - 6 which agreements) i s
hereby referred to and made a part hereof; and
WHEREAS, Under the terms of said agreement, principal is required before entering upon
the performance . of the work, to file a good and sufficient payment bond with the City
of La Qui nta to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of.California.
NOW, therefore, said principal and the undersigned as corporate surety, are held firmly
bound unto the C i ty _ of La Q u i n t a and all contractors, subcontractors, laborers,
materialpersons and other persons employed in the performance of the aforesaid agreement
and referred to in the aforesaid Civil Code in the sum of
FIFTY THOUSAND
TWO HUNDRED. TWENTY-SIX and 36 100---------------dollars ($50,226.36
for materials furnished or abor thereon of any kind, or for amounts due under the
Unemployment -Insurance Act with respect to such work or labor, that said 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 City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgment therein rendered.
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 .
15 (commencing with Section 3082) of Part 4 of Division 3 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.
MATERIAL AND LABOR BOND
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 obligation on this bond, and it does hereby waive notice
of any such change, extension, alteration or addition. Surety further stipulates and
agrees that the provisions of Section 2845 of the Civil Code are not a condition
precedent to the Surety's obligations hereunder and are hereby waived by the Surety.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on' September 7, , 1 934
LAGUNA DE LA PAZ, LTD
NAME OF PRINCIPAL: M.B. JOHNSON PROPERTIES, GENERAL PARTNER
AUTHORIZED SIGNATURE(S): By
Mervin B . Johnson, P es ident Title
Title
Title
(IF CORPORATION, AFFIX SEAL)
AME_ OF SURETY: AETNA INSURANCE COMPANY
UTHORIZED SIGNATURE:
ITS ATTORNEY- IN-FACr Harold ick
(IF CORPORATION, AFFIX SEAL)
r
`tACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY -IN -FACT.
insc
� .0 MAINTENANCE BOND BOND NO.: 144814S
9D�OMp
PREMIUM: $ N/A
INCLUDED IN PEFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT we, ROGER SNELLENBERGER & ASSOCIATES, INC. , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business and under and by
virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as
Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
as Obligee, in the sum of SIX THOUSAND, EIGHT HUNDRED NINETY FOUR & 73/ 1" 69894.73
)
Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly
and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to:
INSTALL STREETS, DRAINAGE, SEWER, WATER AND ELECTRICAL IMPROVEMENTS ON
TRACT 20052-6
WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as
described therein for a period of one year following final acceptance of said improvements;
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by
reason of any defective materials or workmanship which become apparent during the period of one year from and
after acceptance of the said improvements by Obligee, then this obligation shall be void, otherwise to remain in full
force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the
name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact.
this 17 th day of JANUARY , 19 9 7
ROGER SNELLENBERGER & ASSOCIATES, INC.
Principal
XX/ 11; � ��7 W i_.. e, /
eolr
FORM DI 127 REV. 5/93
DEVELOPERS INSURANCE COMPANY
BY: >/'
GREGd4. OKURA Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
OUTSTANDING BOND REPORT
Name: Laguna De La Paz, Ltd.
Tract No. 20052-6
Date of Contract: 10/26/84
Required Bond Amounts:
$178,100.52 - Performance
$ 89,050.26 - Labor/Materials
$ 5,000.00 - Monuments
$110,699.00 - Additional Performance
$ 55,350.00 - Additional Labor/Materials
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
Bond No.
Date Cancelled/Released:
$110,699.00
144814S
Released 4/16/97
$ 55,350.00
144814S
Released 4/16/97
$ 5,000.00
K02102468
Released 1 /13/97
$100,452.72
K02101130
$ 50,226.36
K02101130
$ 47,074.80
K02102481
Released 1 /13/97
$ 23,537.40
K02102481
Released 2/3/97
$ 30,573.10
K0210247A
Released 1 /13/97
$ 15,286.50
K0210247A
Released 2/3/97
$ 6,894.73
1448145 (maint. bond)
Expired 1 /17/98