23268 Thomas Thornburgh 89CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
No()JZIS AGREEMENT, made and entered into this day of
Ey , 19 , by and between Thomas A. Thornburgh
hereinafter ref rred to as "SUBDIVIDER", AND CITY OF LA QUINTA, a
municipal corporation of the State of California, hereinafter
referred to as "CITY".
WHEREAS, the Subdivider has prepared and filed a final
subdivision map of Tract No. 23268 in the City of La Quinta
County of Riverside, for approval by the City; and
WHEREAS, as a condition precedent to the approval of said map by
City, Subdivider is required to offer dedication of 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
WHEREAS, Subdivider, by said map, has offered for dedication to
City for public use certain streets and easements shown on said map;
and
WHEREAS, 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 $2,931,220.00 Dollars;
and
NOW, THEREFORE, IT IS AGREED by and between the parties thereto
as follows:
1. Subdivider, at this sole cost and expense, shall construct
and install the street, drainage, landscaping, 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 "Improvement Plans for Tract No. 23268 "; 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 sum of
$2,931,220.00 Dollars to assure the faithful performance of
this Agreement, and one security to be in the sum of $1,465,610.00
Dollars to assure payment of the cost of 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 La Quinta as shown on the Tract Map.
The Subdivider, after setting the monuments, shall furnish the
City Engineer of the City of La Quinta, 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.
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
*an unmarried man, doing business as Valley Land Development Company
Subdivision Improvement Agreeement
Page 3
have been constructed in compliance with the standards and
specification required by City for public streets.
16. Subdivider hereby guarantees said Streets for a period of
one year following the completion by Subdivider, and approval by City
Engineer, 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 subsequently discovered.
17. Subdivider shall commence the construction and installation
of said Streets within ninety (90) days from the approval of such
"Improvement Plans" for Tract No. 23268 by the City Engineer,
and shall complete such construction and installations within
eighteen (18) months from such date of commencement; provided, that
Subdivider shall have the option at its sole discretion to extend the
completion period described herein past the eighteen (18) months time
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 the City
the securities described in Item No. 12 and Item No. 13 herein
covering any extended completion 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 complete, after taking
into account work already performed, the aforementioned Streets.
Said securities amount to insure completion shall be determined by
City's engineer.
18. The labor and material security required herein at Item
No.12 and No. 13 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.
19. Ten percent (10%) of the performance security required by
Item No. 12 and No. 13 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. 11 herein.
20. In the event that Subdivider fails to perform any obligation
hereunder, Subdivider authorized City to perform such obligation
sixty (60) days after mailing written Notice of Default to Subdivider
at the address given below, and agrees to pay the entire cost of such
performance by City.
21. In the event that Subdivider fails to perform any obligation
hereunder, Subdivider agrees to pay all costs and expenses incurred
by City in securing performance 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.
22. Subdivider hereby binds itself, its executors, administrators
and assigns, and agrees to indemnify, defend and hold the City
harmless from any losses, claims, demands, actions or causes of
action of any natLre whatsoever, arisina out of or n env wav
ti.u..,.ect�a with the improvements agreed to be cons Lruur-ed and
installed hereunder by the Subdivider, including costs of suit and
reasonable attorney's fees.
Subdivision Improvement Agreeement
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF LA QUINTA
: BYAltl/l L��4�
Ronald L. Kiedrowski
City Manager
ATTEST:
ity Clerk
SUBDIVIDER:
Thomas A. Thornburgh, an unmarried man, doing business as Vallev Land Development Co.
By:
Address:
Subscribed and Sworn to before me
this 19 day of JANUARY
19 90 ,
Seal of Notary_Nrcac
r
G�'
OFFICIAL SEAL
E. DIANE BLEVINS
u NOTARY PL3LIC • CALIFORNIA
PRINCIPAL OFFICE IN
RIVERSIDE COUNTY
�.„ ,,,,,,• rty Com�niss:on Exp. Apr. 20, 1990
REVIEWED AND APPROVED
CEvlfineer Date
EXHIBIT 'A'
TO
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 2-3268
DEFERRED IMPROVEMENTS
The following street improvement items are deferred for future
construction by the City as needed and at the cost of the Subdivider.
MEDIAN ISLAND:
The construction of the raised curbed and landscaped median along
Miles Avenue along the Southerly boundary of Tract No. 23268 is
deferred at this time for future construction by the City on an as
needed basis to be determined by the City. The Subdivider shall bear
fifty (500) percent of the cost of the median construction including
incidentals.
The Subdivider's estimated share of the median construction cost
including incidentals is $60,000.00 payable upon demand to the City
for construction purposes. The Subdivider's cost shall be based on
actual construction cost plus incidentals not to exceed $60,000.00.
Following completion of construction of the median, and in the event
that the Subdivider's deposit exceeds fifty (500) percent of the
total construction cost, the balance of the deposit shall be refunded
to the Subdivider.
FAITHFUL PERFORMANCE BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
BOND NO.
PREMIUM:
3SM 754 676 oo
$252.00/2 yrs.
THQMAS A. THORNBURGH .
as Principal, and
AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and f irmly bound unto the City of La Quinta
as Obligee, in the sum of SIXTEEN THOUSAND EIGHT s------
Dollars ($ 16, 800.00 ) , lawful money of the United
States, for the payment of which sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered. into a Subdivision Agreement with said
Obligee, dated in which said Principal
agrees to construct designated public improvements, as follows:
SUBDIVISION MONUMENTATION
TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements.
NOW, THEREFORE, if said Principal shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
rSigned and sealed on November 17 .1989 ,
THOMAS A. THORNBURGH
Venturer Princi
BY:
By:
Surety: AMERICAN MOTORISTS INSURANCE
B COMPANY
BY: ...........
oy-Lo rnein-fact
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA
P. 0. BOX 41375
ANGELES, CA 90041-1091
I
FAITHFUL PERFORMANCE BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
BOND NO 3SM 754 681 00
PREMIUM: $900.00/2 yrs.
THOMAS A. THORNBURGH .
as Principal, and
AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of .La ' Quinta
as Obligee, in the sum of SIXTY THOUSAND AND NO1100ths---------------------
-------------------------- ,
Dollars ($ 0,000.00 } lawful money of the United
States, for the payment of which sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated f in which said Principal
agrees to construct designated public improvements, as follows:
MILES AVENUE MEDIAN ISLAND) TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements.
NOW, THEREFORE, if said Principal shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
Signed and sealed on November 17 , .1989 •
THOMAS A. THORNBURGH.
Venturer Principal
B
By:
Surety: AMERICAN MOTORISTS INSURANCE
BY: COMPANY
BY:....:.
Loifts E. Jone , torney-in-fact
'LOU JONES & ASSOCIATES
7470 NO. FIGUEROA
P. 0. BOX 41375
MA ANGELES, CA 90041-1091
BOND NO. 3SM 754 681 00
PREMIUM: Included
in Performance Bond
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
THOMAS A. THORNBURGH
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto
the City of La Quinta
as Obligee, in the sum of THIRTY THOUSAND AND N0 100 hs---------------------
---------------------------------------------------------------------------------
Dollars ($ 30)000.00 ) , lawful money of the United
States, for the payment of which.sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated F in which said Principal
agrees to construct designated public improvements, as follows:
MILES AVENUE MEDIAN ISLAND, TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done
of any kind, in or on such impri-)vements, said Surety will pay the
same in an amount not exceeding the sum set forth above and, in
addition, the Surety agrees to pay reasonable attorneys' fees in the
event that it becomes necessary to bring an action to enforce this
bond.
.e This bond shall inure to the benefit of the contractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials to them for the improvements.
Signed and sealed on November 17, 1989
THOMAS A. THORNBURGH
Venturer Princip
By:
BY:
Surety: American Motorists Insurance
B om any
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA BY:
P. o. BOX 41375 - uis E . o es, Attorney -in -fact
N
BOND NO. 3SM ?54 677 00
PREMIUM: Included
in Performance Bond
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS,, That We,, THOMAS A. THORNBURGH
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of La Quinta
as Obligee, in the sum of NINE HUNDRED NINETY ONE THOUSAND NE HUNDRED EIGH Y
SIX AND NO/100ths--------------------------------------------------------- --------
Dolla., s ($ 991,186. 00 ) , lawful money of the United
States, for the payment of which.sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated in which said Principal
agrees to construct designated public improvements, as follows:
STREET IMPROVEMENT INCLUDING GRADING AND STORM DRAINAGE
TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done
of any kind, in or on such improvements, said Surety will pay the
same in an amount not, exceeding the sum set forth above and, in
addition, the Surety agrees to pay reasonable attorneys' fees in the
event that it becomes necessary to bring an action to enforce this
bond.
This bond shall inure to the benefit of the contractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials to them for the improvements.
Signed and sealed on November 17, 1989
THOMAS A. THORNBURGH
Venturer Principal
BY:
By:
Surety: American__Xa4orists Insurance
B ° y
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA BY:
P. 0. BOX 41375 - Louis E , nes
LO11 ANE6 Attorney -in -fact
BOND NO. 3SM 754 677 00
PREMIUM: 29,7 6.00/2 yrs.
FAITHFUL PERFORMANCE BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS , That We , THOMAS A. THORNBURGH .
as Principal, and
AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of La ' Quinta
as Obligee, in the sum of
THREE HUNDRED SEVENTY TWO AND Nu/nutlis ---------------------------------------------
Dollars ($ 1,982,372.00 ) , lawful money of the United
States, for the payment of which sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents-.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated in which said Principal
agrees to construct designated public improvements, as follows:
STREET IMPROVEMENT INCLUDING GRADING AND STORM DRAINAGE
TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements.
NOW, THEREFORE, if said Principal shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
Signed and sealed on November 17, .1989 .
THOMAS A. THORNBURGH
Venturer Principalz
B
By:
Surety: AMERICAN MOTORISTS INSURANCE
By : s COMPANY
BY:....:...
Loui E. Jones--,'Attorney-in-fact
tOU JONES & ASSOCIATES
7470 NO. FiGUEROA
P. 0. BOX 41375
BOND NO. 3SM 754 678 00
PREMIUM: $3,285.00/2 yrs.
FAITHFUL PERFORMANCE BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS,, That We , THOMAS A. THOR,NBUR.GH
as Principal, and
AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of La ' Quinta
as Obligee, in the sum of TWO HUNDRED NINETEE N 100ths--------
---------------------------------
Dollars ( $), lawful money of the United
States, for the
payment of which sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated in which said Principal
agrees to construct designated public improvements, as follows:
LANDSCAPING BASIN AND PERIMETER LOTS, TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements.
NOW, THEREFORE, if said Principal shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
J Signed and sealed on November 17 l 8
THOMAS A. THORNBURGH
Venturer Princip
By:
By:
Surety: AMERICAN MOTORISTS INSURANCE
B COMPANY
6
BY:
s E. Jon , ttorney-in-fact
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA
P. 0. BOX 41375
ILA ANe91 ce Pe Wndl _1 nn1
BOND NO. 3SM 754 678 00
PREMIUM: Included
in Performance Bond
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We, THOMAS A. THORNBURGH
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto
the City of La Quinta
as Obligee, in the sum of ONE HUNDRED NINE THOUSAND FIVE HUNDRED AND NOI hs--
------------------------------------------------------------------------------------
Dollars ($ 109, 500.00 ) , lawful money of the United
States, for the payment of which.sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated , in which said Principal
agrees to construct designated public improvements, as follows:
LANDSCAPING BASIN AND PERIMETER LOTS, TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done
of any kind, in or on such improvements, said Surety will pay the
same in an amount not exceeding the sum. set forth above and, in
addition, the Surety agrees to pay reasonable attorneys' fees in the.
event that it becomes necessary to bring an action to enforce this
bond.
This bond shall inure to the benefit of the contractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials to them for the improvements.
Signed and sealed on November 17, 1989
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA
P. 0. BOX 41375 -
LA9 ANGILES. ca anndl A nc,
THOMAS A. THORNBURGH
Venturer Princi
By:
B
Suret : American Motorists Insurance
B omP
000
BY:
uis E. Jones, Attorney -in -fact
FAITHFUL PERFORMANCE BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
BOND NO. 3SM 754 679 00
PREMIUM: $5,594.00/2 yrs.
THOMAS A. THORNBURGH .
as Principal, and
AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of La Quinta
as Obligee, in the sum of THREE HUNDRED SEVENTY TWO THOUSAND NINE HUNDRED
FIFTY FIVE AND NO/100ths ---------------------------------------------------------
Dollars ($ y ), lawful money of the United
States, for the payment of which sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated in which said Principal
agrees to construct designated public improvements, as follows:
SANITARY SEWER FACILITIES, TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements.
NOW, THEREFORE, if said Principal shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
Signed and sealed on November 17 , 1989 •
THOMAS A. THORNBURGH.
Venturer Principal
B
BY:
Sure : AMERICAN MOTORISTS INSURANCE
By: COMPANY
uis E. Jo s, Attorney, fact
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA
P. 0. BOX 41375
MA ANOELES9 CA 90041-1091
BOND NO. 3SM 754 679 00
PREMIUM: Included
in Performance Bond
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
THOMAS A. THORNBURGH
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto
the City of La Quinta
as Obligee, in the sum of ONE HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED
SEVENTY SEVEN AND 0/lQOths------ ------- -------- ----------------------------------
Dollars ($ 186, 77.50 ) , lawful money of the United
States, for the payment of which.sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated F in which said Principal
agrees to construct designated public improvements, as follows:
SANITARY SEWER FACILITIES, TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done
of any kind, in or on such improvements, said Surety will pay the
same in an amount not exceeding the sum set forth above and, in
addition, the Surety agrees to pay reasonable attorneys' fees in the
event that it becomes necessary to bring an action to enforce this
bond.
This bond shall inure to the benefit of the contractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials to them for the improvements.
Signed and sealed on November 17, 1989
THOMAS A. THORNBUR.GH
Venturer Princip
By:
B •
Sure : American Motorists Insurance
BY: om
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA BY:
P. 0. BOX 41375 - Louis E . ones. Attorney -in -fact
FAITHFUL PERFORMANCE BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
BOND NO.3SM 754 680 00
PREMIUM: $5,353.00/2 yrs.
THOMAS A. THORNBURGH .
as Principal, and
AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of La ' Quinta
as Obligee, in the sum of THREE HUNDRED FIFTY SIX TROUSAND EIGHT =RED
NINETY THREE AND NO//100ths----------------------- ---------------------------------
Dollars ($
States, for
bind ourselves
i, 893.00 ) , lawful money of the United
the payment of which sum well and truly to be made, we
jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated I in which said Principal
agrees to construct designated public improvements, as follows:
WATER SYSTEMS FACILITIES, TRACT NO. 23268
and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements.
NOW, THEREFORE, if said Principal shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this obligation shall be null and void; otherwise, it shall be
and remain in full force and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it becomes
necessary to bring an action to enforce this bond.
r Signed and sealed on November 17 .1989
THOMAS A. THORNBURGH
Venturer Principa
K.-. BY:
BY:
Surety: AMERICAN MOTORISTS INSURANCE
By: COMPANY
Louis E. J es, Attorney -in -fact
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA
P. 0. BOX 41375
$ ANGELES, CA 90041-1091
BOND NO. 3SM 754 680 00
PREMIUM: Included
in Performance Bond
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,
THOMAS A. THORNBURGH
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto
the City of La Quinta
as Obligee, in the sum of ONE HUNDRED SEVENTY EIGHT THOUSAND FOUR IJUNDRED
FORTY SIX AND 50/100ths--------- -------- , -----------------------------------------
Dollars ($ 178, 446.50 ) , lawful money of the United
States, for the payment of which.sum well and truly to be made, we
bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas,
said Principal has entered into a Subdivision Agreement with said
Obligee, dated , in which said Principal
agrees to construct designated public improvements, as follows:
WATER SYSTEMS FACILITIES, TRACT NO. 23268
and as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done
of any kind, in or on such improvements, said Surety will pay the
same in an amount not exceeding the sum set forth above and, in
addition, the Surety agrees to pay reasonable attorneys' fees in the
event that it becomes necessary to bring an action to enforce this
bond.
- This bond shall inure to the benefit of the contractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials to them for the improvements.
Signed and sealed on November 17, 1989
THOMAS A. THORNBURGH
Venturer Princip
BY:
BY:
Suret : American &torists Insurance
By: °
LOU JONES & ASSOCIATES
7470 NO. FIGUEROA BY
P. 0. BOX 41375 - uis E , Tones. Attorney -in -fact
OUTSTANDING BOND REPORT
Name: Thomas A. Thornburgh (Tierra del Sol)
Tract No. 23268
Date of Contract: November 7, 1989
Required Bond Amounts:
$ 16,800
- monument
$1,982,372
- streets
$ 991,186
- streets/labor & materials
$ 219,000
- landscaping
$ 109,500
- landscaping/labor & materials
$ 60,000
- future street improvements
$ 356,893
- water
$ 372,955
- sewer
Dates of Bond Reductions: On 5/7/91, streets were reduced to $594,606 and $991,186; landscape was
reduced to $153,300 and $109,500 (no replacement bonds in file for either one); water & sewer were released? On
4/5/94, landscape performance security was reduced to $13,000 for IID, with warranty to be released on 4/5/95; labor
and material security of $1,100,686 to be released by 7/4/94.
Outstanding Bonds:
Insurance Co: American Motorists Ins. Co.
n___j ni_
$ 16,800 - monument
$ 991,186 - str/labor
$1,982,372 - streets
(reduced to $594,606 on 517191)
$ 219,000 - landscape
(reduced to $153,300 on 517191)
$ 109,500 - land/labor
$ 60,000 - median/fut.
$ 30,000 - median/labor
$ 372,955 -sewer
$ 186,477.50 -sewer
Date Cancelled/Released:
3SM 754 676 00 Released 5122/06
3SM 754 677 00 Released 5/22/06
3SM 754 677 00 Released 5/22/06
3SM 754 678 00 Released 5/22/06
3SM 754 678 00 Released 5/22/06
3SM 754 681 00
KM"T Wk"MA 91*1 well]
3SM 754 679 00 Released 5/22/06
3SM 754 679 00 Released 5/22/06
$ 356,893 -water
$ 178,446.50 - water
3SM 754 680 00 Released 5/22/06
3SM 754 680 00 Released 5/22/06
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
JUNE S. GREEK, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: June Greek
P. 0. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
DOC N 2004-0911950
11/16/2004 08:06A Fee:NC
Page i of 4
Recorded In OffLctal Records
County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
11111111111111111111111111111111111111111111111111111
see
m
oommoim
MEN
MONINIIIEffABORA
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO: 2004-121
Acceptance of Declaration of Dedication
Tract Map No. 23268
Title of Document
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
C:IMYDATA\WPDOCS\FORMS\Recorder.wpd
TC
J
RESOLUTION NO. 2004-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA ACCCEPTING THE
DECLARATION OF DEDICATION TO THE CITY OF LOTS 1
THROUGH 8 OF TRACT MAP NO. 23268 FOR FLOOD
RETENTION PURPOSES (APN 604-231-024 THROUGH -
031)
WHEREAS, the- construction and offer of dedication of- the retention basin on
Lots 1 through 8 of Tract Map No. 23268 (APN 604-231-024 through -031) was a
condition of the Acacia development project; and
WHEREAS, the property -so offered for dedication. is more fully described in
Exhibit. "A" hereto, which description is incorporated herein as though set forth in full.
(hereinafter referred to as the "Dedicated Property"); and
WHEREAS, the retention basin was subsequently installed by the developer -of
Acacia development project on the Dedicated Property; and
WHEREAS, a Declaration of Dedication for the flood retention basin was
accordingly recorded with the County of Riverside on February 16, 1990 as Instrument
60382; and
-WHEREAS, the City of La Quinta now desires to accept said Declaration of
Dedication in order to avoid any confusion as to the permitted use of the Dedicated
Property and to ensure the continued maintenance of- the property for flood retention
purposes.
NOW, THEREFORE,. BE IT RESOLVED, by the City Council of the -City of
La Quinta, California as follows:
SECTION 1. The City Council of the City of La Quinta hereby accepts the
Dedicated Property.
SECTION 2.. The City Clerk of the City of La Quinta is hereby authorized to
record this Resolution in the Office of the County Recorder in the County. of Riverside,
State of California.
PASSED; APPROVED and ADOPTED at a regular meeting of the City Council of
the City of La Quinta, California held on this 2' day of November 2004, by the
following vote:
Resolution No. 2004-121
Acceptance of Declaration of Dedication
RW-D 2004-059
Adopted: November 2, 2004
Page 2
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON A OLPH, ayor
'City of La Quinta, California
ATTEST:
JWt 9. GREEK, CMffC1ty Clerk
City of La Quinta, California
(SEAL)
APPROVED AS TO FORWI:
CityAM.K&HERINE JE O
City. of La Quinta, California
3O Certify that the foregoing is
fA 1fW AW correct copy of the odg
d6Mq Ont containing
which is on file. in the Office of the City a {4"Fil
Clerk of the City of la Quir>ta. Calitwnfe
Dated: _
Ju eek. CMC/AAE
City Clerk
ResobAon No. 2004-121
Acceptance of Declaration of Dedication
RW-D 2004-059
Adopted: November 2, 2004
Page 3
EXHIBIT "A"
Description of Real. Property:
"Lots 1 through t, inclusive, of Tract Map No. 23268, as recorded in Map Book .
213, Page 67-73 in the office of the County Recorder, County of Riverside,
State of California APN 604-231-024 through -031