20052-7 Laguna De La Paz 84AGREEMENT
FOR THE PLACEMENT OF SURVEY MONUMENTS
This agreement L �ng%Rnc� 1ntTW1 IO Zby rr�dp between the County of Riverside, State of California, hereinafter called
County, and A U I�l D L F' 9 T , hereinafter called Contractor.
WITNESSETH:
FIRST: Contra tor, for and in conderation of the approval by County of the final map of that certain land division known
as r a c t 2 0 0 5 2 -1 hereby agrees, at Contractor's own cost and expense, to furnish
all labor, equipment and materials necessary to set, and within months from the date this agreement is executed, to
perform and complete in a good and workmanlike manner, all survey monuments and tie points and to furnish to the County Surveyor
tie notes for said tract in accordance with the standards set forth in Riverside County Ordinance No. 461 and Section 8771 et seq. of the
Business and Professions Code of the State of California. Contractor further agrees to pay, within 30 days of presentation to contractor
of the final billing of any surveyor or engineer for work performed by him as provided for in Article 9 of Chapter 4 Division 2 of Title 7
of the Government Code of the State of California (commencing with Section 66495). Contractor further agrees that if payment to the surveyor
or engineer is not made within 30 days, the surveyor or engineer notifies County that he has not been paid for setting the final monuments,
and Board of Supervisors, pursuant to Section 66497 of the Government Code, after providing Contractor with an opportunity to present
evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by County to the engineer or surveyor,
contractor will, upon demand and without proof of loss by County, reimburse County for any funds so expended. Notwithstanding any
other provision herein, the determination of County as to whether the surveyor or engineer has been paid shall be conclusive on contractor,
his surety and any and all parties who may have an interest in the agreement or any portion thereof. All of the above required work shall
be done under the inspection of, and to the satisfaction of, the County Surveyor, and shall not be deemed complete until approved and
accepted as complete by the County. The estimated cost of said work is five thousand
Dollars ($ ).
SECOND: Contractor agrees to pay to County the actual cost of such inspections of the above required work as may be required
by the County Surveyor of the County of Riverside. Contractor further agrees that, if suit is brought upon this agreement or any bond guarantee-
ing the completion of the monuments, all costs and reasonable expenses and fees incurred by County in successfully enforcing such obliga-
tions shall be paid by Contractor, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and
fees shall be taxed as costs and included in any judgment rendered.
THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happen-
ing or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall County or any officer
or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions
of Contractor, his agents or employees, in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor
agrees to protect, defend and hold harmless County and the officers and employees thereof from all loss, liability or claim because of,
or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this agreement or arising out of
the use of any patent or patented article in the performance of this agreement.
FOURTH: The Contractor hereby grants to County, the Surety upon any Bond, and to the agents, employee and contractor of either
of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the monumentation.
This permission shall terminate in the event that Contractor or the Surety has completed work within the time specified or any extension
thereof granted by County. It is further agreed that Contrctor shall have control of the ground reserved for the installation .of said work,
and the streets in which they are to be placed, as is necessary to allow him to carry out this agreement.
FIFTH: Contractor agrees to file with County prior to the date this contract is executed an acceptable and sufficient improvement securi-
ty in an amount not less than the estimated cost of this work, as above specified, for the faithful performance of the terms and conditions
and guarantees of this agreement and for the payment of the amount of the improvement security to County for the benefit of any surveyor
or engineer who has not been paid by the contractor, as provided for by Section 66495 et seq. of the Government Code of the State of
California. Notwithstanding any other provision herein, if Contractor fails to take such action as is necessary to comply with said notice,
he shall be in default of this agreement unless all required improvements are completed within 90 days of the date on which the Road
Commissioner notified Contractor of the insufficiency of the security or the amount of the bonds or both.
SIXTH: If Contractor neglects, refuses, or fails to prosecute the work as to insure its completion within the time specified, or within such
extensions of time as have been granted by County, or if Contractor violates, neglects, refuses, or fails to perform satisfactorily any of the
provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served
upon him and upon any Surety in connection with this agreement. County shall have the power, on recommendation of the County Surveyor,
to terminate all rights of Contractor in such agreement, but said termination shall not affect or terminate any of the rights of County as against
Contractor or his Surety then existing or which thereafter accrue because of such default. The determination by the County Surveyor of
the question as to whether any of the terms the agreement or specifications have been violated, or have not been performed satisfactorily,
shall be conclusive upon Contractor, his Surety, and any and all parties who may have any interest in the agreement or any portion thereof.
The foregoing provisions of this section shall be in addition to all other rights and remedies available to County under law.
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SIXTH: If Contractor neglects, refuses, or fails to prosecute the work as to insure its completion within the time specified, or within such
extensions of time as have been granted by County, or if Contractor violates, neglects, refuses, or fails to perform satisfactorily any of the
provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served
upon him and upon any Surety in connection with this agreement. County shall have the power, on recommendation of the County Surveyor,
to terminate all rights of Contractor in such agreement, but said termination shall not affect or terminate any of the rights of County as against
Contractor or his Surety then existing or which thereafter accrue because of such default. The determination by the County Surveyor of
the question as to whether any of the terms the agreement or specifications have been violated, or have not been performed satisfactorily,
shall be conclusive upon Contractor, his Surety, and any and all parties who may have any interest in the agreement or any portion thereof.
The foregoing provisions of this section shall be in addition to all other rights and remedies available to County under law.
SEVENTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this agreement
that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this agreement,
extensions of time may be granted, from time to time, by County, either at its own option, or upon request of Contractor, and such exten-
sions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds.
Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this agreement, including
any extensions of time as may be granted therein.
EIGHTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held
to be unlawful and void, the validty of the remaining protions shall not be affected and the rights and obligations of the parties shall be
construed and enforced as if the agreement did not contain that particular part, term or provision held to be invalid.
NINTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail,
postage prepaid, at the following addresses:
Dated
ATTEST
(SEAL)
County
Subdivision Engineer
Riverside County Road Dept.
County Administrative Center
4080 Lemon St., 8th Floor
Riverside, CA 92501
Contractor:
Laguna de la Paz,, Ltd.
M . . B. Johnson Properties, Gen. Partner
400 N. Tustin, Ste 231
Santa Ana, Ca 92705
IN WITNESS WHEREOF Contractor has affixed his name, address and seal.
Laguna de la Paz, Ltd.
Rv M. B. Johnson Properties, Gen. Partner
APPROVEDt}AS TO FORM:
C�+ r-t vr'h C�
By
SIGNAT ES OF CONTRACTOR MUST BE WITNESSED BY NOTARY
AND EXECUTED IN TRIPLICATE
RD 41 (Rev. 2/84)
SU.SDIYISION MONUMENT
CITY OF LA QUINTA
STATE OF-CALIFORNIA
(Government Code 66496)
BOND
TRACT/PARCEL MAP N0. 2 0 0 5 2- 7
. BOND N0. K02102456
BONDING COMPANY AETNA INSURANCE 'COMPANY Premium: $ 3 0.0 0
ADDRESS P.0... Box 4092, Terminal Annex PRINCIPAL LAGUNA DE LA PAZ LTD.
CITY Los Angeles',' CA 90051' ' " • "ADDRESS 400 N.-Tustin Avg.. Suite 231 —
• CITY' � • 'Santa Ana, CA 92705
KNOW ALL MEN BY THESE PRESENTS:
• • • • • • • • • • , Subdivider, as
That LAG a Corporation, as
Principal , and AETN
Surety, are here y �o�nt y an severally oun to pay to C i ty of _La Qu i nta the sum
Of FIVE THOUSAND and NO/100 $_;•,nnn nn •
The condition of this obligation is that whereas the Subdivider 5 condition of the
f :ling of the final subdivision map of (Tract/Parcel Map) .entered into
an agreement with said City to set Survey Monuments and Tie Points in said tract and
furnish Tie Notes therefor and to pay the engineer or surveyor performing the work, in
full, within 30 days after completion. .
HOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the
original term thereof or of any extension of said term that may be granted by the City
of L a Q u i n t a , wi th or wi thout .rloti ce to the Surety, thi s obl i gati on shal 1 be .voi d, ,otherwi se
it shall remain in full force and effect.
Asapart 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 City in successfully enforcing such obligation,
-.all to be taxes as costs and included in any judgment rendered.
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 obligationson
'this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the agreement or to the work or to the specifications.
Dated: ...August '17;' r984........ .... .
LAGUNA DE LA PAZ, LTD -
NAi4E OF PRINCIPAL:
................................. .
IZED SIGNATURE(S): By "
ervin B. Johnso President
• CIF CORPORATION, WE.F X SEAL)
OF SURETY: ' 'AETNA' 'INSURANCE, COMPANY
Title
Title
10RIZED SIGNATURE
T RN Y-IN-FACT arold Brick t
CIF CORPORATION, AFFIX SEAL) ,
07ARIAL ACKNOWLEDGEMENT OF SIGNATURE OF PRINCIPAL. AND ATTORNEY -IN -FACT.
e
OUTSTANDING BOND REPORT
Name: Laguna De La Paz, Ltd.
Tract No. 20052-7
Date of Contract:
Required Bond Amounts:
$ 5,000.00 - Monument
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
$ 5,000.00
Bond No.
K02102456
Date Cancelled/Released: