23913 Windsor 90rl�I-.v Ln 1 l'J 1 1 ♦ 1 G— 1 J-'t' = 1 1 • �t'hi • "1 �'vv i _•�v
12/15/1989 12:23 FROM Dorius & Holt TO 17146768554
• CTTY OF LA QUINTA
P.02
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 6th day
of July 19 90 by and between WINDSOR PROJECTS, N .
hereinafter referred to as "SUBDIVIDER", AND CITY OF LA QUINTA, a
municipal corporation of the State of California, hereinafter
referred to as "CITY".
WITNESSETH;
WHEREAS, the Subdivider has prepared and filed a final
subdivision may of Tract No. 23913 in the City of La Quinta, County
of Riverside, for approval by he 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 $lp982,900.00
Dollars; and
NOW, THEREFORE, IT IS AGREED by and between the parties
thereto as follows:
I. Subdivider, at his 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. 2391311;
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 $1, 982, 900 00 Dollars to assure the faithful performance of
this Agreement, and one security to be in the sum of $991,450 00
Dollars to assure payment of the cost of the labor and materials for
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-Ithe
engineer or surveyor for the setting of said monuments, or as
provided for in the subdivision Map Act.
RCV BY:WINLSOR_PROJECTSP INC ;12-15-69 11:2?AM ; 619 568 1386-� ?146?68554;# 3
12/15'1989 12:23 FROM Dorius & Holt TO 17146768554 P.03
Subdivision Improvement Agreement
Page 2
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 $25,000.00Dollars t� 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 constructed and installed by
Subdivider, and if determined to be in accordance with the applicable
city standards, shall recommend the acceptance of such improvements
by the City.
6. Subdivider shall complete such improvement plans
including any corrections and revisions thereto necessary to comply
with the applicable City standards as determined by the City
Engineer, within thirty (30) days after approval of the final map.
7. Subdivider hereby guarantees such improvements for a
period of one year following the completion 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 subsequently discovered.
8. subdivider shall commence the construction and
installation of such improvementswithin ninety (90) days from the
approval of such "Improvement Plans' for Tract No. 23913 by the
City Engineer, and shall complete such construction and installations
within eighteen (18) months from such date of commencement.
9. The labor and material security required herein at
Item No. 2 herein shall be retained to secure payment to the
contractor, his subcontractors and to persons renting equipment or
furnishing labor and materials for six (6) months after completion
and approval of the work required by Item No. 1 herein.
10. Ten percent (10%) 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 instal, to the standards and specifications required
by the City, the Streets as shown on the aforementioned "Improvement
Plans" for Tract No. 23913.
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 by the City, one security to be in the
sum of $ 1, 000, 000.00 Dollars to assure the faithful performance of
this Agreement with respect to said Streets, and one security to be
in the sum of � 500,000.00Dollars to assure payment of the cost of
labor and materials for the Streets required to be constructed hereby,
Sul
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 by the City, one security to be in the
sum of I 170, 000.00Dollars to assure the faithful performance of
this Agreement with respect to said Landscaping park, flood
regulation basin and perimeter hots together with construction of
perimeter soundwall, and one security to be in the sum of i
$ 85 OOO.00Dollars to assure payment of the cost of labor and
materials required to be constructed hereby.
lc is 1�0�
Subdivision Improvement Agreement
Page 3
14. Subdivider shall furnish to the City a security
satisfactory in form and substance to the City Attorney, one security
to be in the sum of $ 75,000.00Dollars payable upon demand of the
City for the cost of future street improvements to be constructed by
the City on an as needed basis to be determined by the City and as
shown on the attached Exhibit 'A' Deferred Improvements.
15. The City Engineer or his duly authorized
representative, upon written request of Subdivider, shall inspect the
Streets herein agreed to be constructed by Subdivider, and determine
if said Streets have been constructed in compliance with the
standards and specifications 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 material 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. 23913by the City
Engineer, and shall complete such construction and installations
within eighteen (18) months from such date of commencement; provided,
however, 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 Items No. 12 and 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
Items 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 this work provided at Item No. 11 herein by the City
Engineer.
19. Ten percent (10%) of the performance security required
by Items 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 here.in.
20. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes 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 of any losses, claims, demands, actions or causes
of action of any nature whatsoever, arising out of or in any way
RCV' BY:WIND50R—PROJECTS+ INC ;12-15-89 11:29AM
619
S68 1386-�
7146768554:# 5
12/15/1989 12:25 FROM Dorius & Holt
TO
17146768554
P.05
Subdivision Improvement Agreement
Page 4
connected with the improvements agreed to be constructed and
installed hereunder by the Subdivider, including Costs of suit and
reasonable attorney's fees.
i
RCV BY:WINDSOR—PROJECTSt INC ;12-15-89 11:29AM
619
568 1386-)
?146?66554;## 6
12/15:1989 12:26 FROM Dorius & Holt
TO
17146768554
P.06
Subdivision Improvement Agreement
Page 5
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement as of the day and year first written above.
CITY Or _A QUINTA
By:
Ronald D. Kiedrowski
City Manager
AT;itY
C
Clerk ,
SUBDIVIDER:
aY' �'�v"' Wa
By:
subscribed and Sworn to before me
this — day of
19 �.
seal of Notary
REVIEWED AND APPROVED
ineer
OFFICIAL SEAL
JEAN SHETIER
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
RIVERSIDE COUNTY
My Commission Exp. Feb. 6, 1992
14') D
Date
EXHIBIT 'A'
TO
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 23913
DEFERRED IMPROVEMENTS
The following street improvement items are deferred for future
construction by the City as needed and at the cost of the Subdivider.
MILES AVENUE:
The construction of the raised curbed and landscaped median
along Miles Avenue from Adams Street to the easterly boundary of
Tract No. 23913 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 (50%) percent of the cost of the median
construction including incidentals.
The Subdivider's estimated share of the median construction cost
including incidentals is $50,000.00 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 $50,000.00.
Following completion of construction of the median, and in the event
that the Subdivider's deposit exceeds fifty (50%) percent of the
total construction cost, the balance of the deposit shall be refunded
to the Subdivider.
MILES AVENUE AND ADAMS TRAFFIC SIGNALS:
The construction of the Traffic Signals and appurtenance at the
intersection of Miles Avenue and Adams Street 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 twenty-five (250)
percent of the cost of the construction of Traffic Signals including
incidentals.
The Subdivider's estimated share of the construction cost
including incidentals is $25,000.00 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 $25,000.00.
Following completion of construction of the traffic signals, and in
the event that the Subdivider's deposit exceed twenty-five (25%)
percent of the total construction cost, the balance of the deposit
shall be refunded to the Subdivider.
I to
b gyp. 1166112
$21, 059.00
t subdi rtitLe_n
EOM AM m tY Taos MUMS, That W
WINDSOR PROJECTS INC.
an Principal, and
INSURANCE COMPANY OF THE WEST
•utety, are bold and final boun
d unto
CITY OF LA QUINTA, CALIFORNIA
ML
as OblMINMDRED
Le the of -- AND
NINE- AND no100------------------------------ ^=-----------
nollasa tl l__2n4_�no.��-------------�, lawi'tii Swney of the united
states, fox the pant of which 0= well and U%ly to be mader we
bend ourselves jointly and arvarally# firmly by these presents.
TUB 00l ITIOx OF TXi roriMin 09LZgATt0lt Is sUCA, That, whereas,
said PrLn*lp4t ha• entered Into a enbdivision Agreement with said
Obligee, dated July 6, 1990 , in which said principal
agrees to construct designated public iaprovsments, am lollm"I
ITMT X" nAAtMS sORMMTa
and, as a condition of approving said dubdfvision, the Principal is
required to give a bond to guarantee Cogpletion of Said Improvements,
Wr TIQAIPMe if said Prsneipai shall well and truly do and perlorm
all the covenants and obligations of said agresaent on its part to be
done and performed at the tim and in the manner specified therein,
then this obligation shall be null &W. voidt otberwLse, it shall be
and remain in full t*rQe and effect and, in addition, surety agrees
to pay retwonabls attorneys' lees in the event that it boom@@
necessary to bring An actLon to enforce this bond,
Signed and sealed on Ju1X 6 1990
WINDSOR PROJECTS INC.
Venturer priwipal
g---SU;SA
I- -7
son Na 1, 1166112
PROlum: Include
in Perf ormanas sand
:JAJOR AND MATZRtAL PAYMT POND
tsubdiyiaion)
KNOW ALL b= BY THISP PRUMT$, That We,
WINDSOR PROJECTS INC.
as Principal, and INSURANCE COMPANY
Surety, are held and firmlbound unto
CITY OF LA QUINTA, CALIFORNIA
a/ gee n the sum 0 --SIX HUNDRED ONE THOUSAND E
-VTVrPv nrtn /lnn---------------------------------------------------
Dollars ( 5 601 950.00---NWENNWNENN�-------------------) � laU U1 �l01jey Of t • United
States, for the payment 07 wbich cosy well and truly to be Made, we
bind ourselves jointly and severally, firmly by these presents.
M CO"ITION Of TRA FORMING 08LIGATION IS SUCH, That, Whereas,
said Principal has ent*Fe �nto 4 Subdivision Agreement with said
Obligee, dated July , 99 in which said Principal
&ores• to construct devioit Vublrenmr4rovements, as follows,
STRUT AND nRASVAQz ZNPROVMMM
And, a• A ccnditicn of approving 14id Subdivision, the principal is
required to give a Labor and MateVial Payment pond as* herein provided;
TIMRRFORR,
if said princi al or may contractor or
to pay for
in upon, or car or
or Performance of
of any kind, in at
any materiala, rovisions,
about the construction of t
the work to be done r or f a
on such improvements, said
SAM in an Mount not exceeding the s=
Addition, the Surety agrees to pay reasonable
*vent that it becomes necessary to bring a
bonds
or rented
public
r any work
surety
met forth
attorneys'
n action t
subcontractor
equip not used
improvements
or labor don*
will pay the
above Arid, in
fees in the
a enforce this
This band shah, inure to the benefit of the contractor, his
subeontractors, and to persons renting equipment or furniehinp labor
or materials to them for the improvements,
Signed and sealed an July 6, 1990
WINDSOR PROJECTS INC.
venturer Prins pa
T
( sybdiy_"
XW AZI NO 2Y MU »O=ii Thlft Ile►
WINDSOR PROJECTS INC.
as Psinol., am
INSURANCECOMPANY OF THE WEST
surety, are 1
CITY OF LA C
as Obligee,
a= X06 1166113
PMX M' $ 12,135.00
ild and firmly bmd unto
INTA, CALIFORNIA
i the rum of --SIX HUNDRED NINE THOUSAND AND no 100-----
---------------------------------------------------------------------
bellaste 11 09,000.0------------------), lawful stoney of the United
states, for the paywat of which ow well and Usuly to be made, we
bLad ourselves 3ointly and severally, firmly by those presents.
TU OMITICE oe TO FOUMING 05LZUTZO11 is AUM That, Mh�as,
said PrLmLp4l ha• entered into a subdivision llgreeesnt with said
Oblitee, dated July 6, 1990 , in which said Principal
agrees to construct designated public improvanta, as follows)
SANITARY SEWER FACILITIES AND WATER SYSTEM FACILITIES
tad, as a condition of appeoving said dubdivisicn, the principal is
required to give a bond to guarantee oonVletion of said LMprovome»ts.
w=, T1QA27=l if said Principal shall well and truly do tied perform
all the covenants and obligations of said agreement on its past to be
done and performed at the ties and in the manner specified thereia,
then this obligation shall be null and.voidl otherwise, it shall be
and remain 1n full tam and effect and, in addition, surety agrees
to pay reasonable attornsyg, goes in the event that it becomes
neo•s■azy to bring an action to onforoo this bond.
ALVIM and sealed an July 6, 1990
WINDSOR PROJECTS
Venturer Principal
RL
O.
2M M0,1 1166113
PRUIU1Mr Inel
in Perforieaaee Bond
:.1►aC1t 1►ND Mi1TLllZ7►L P11YNlNT 80bID
KNOW ALL MEN BY THUS PR$d$NT$ j That We,
WINDSOR PROJECTS INC.
as r nc pa , andTNSIIRAN :E ('.nMPANY OF THE WEST
Surety, are held and f irfily bound unto
CITY OF LA QUINTA, CALIFORNIA
a4 Obligor p in tj%e ■UM of ---THREE
no/100--------------------------------------------------------------------------
Dollars (; :3U4 , 5UU . QU---------
--------------- �-lawfulmOriex of t n tee
states , for the PAY=ftt Of Which sum well And truly to be Made , we
bind ourselves jointly and Severally, fi=ly by than• presents.
TU CONDITION OF TXX FORMIN13 0111I4ATION tS SUCH, That, Whereas,
said Principal has entered into 4 subdivision Agreement with Said
obligee, dated MMM July 6 , 1990 in which said Principal
agrees to construct e• gnat p c , rovements, as follows,
SANITARY SEWER FACILITIES AND-WATkR SYSTEM FACILITIES
ands ao a condition of approving said Subdivision, the principal is
required to give a Labor and Material Payment Bond as, harein providsd;
Now RR, if said prinai al or any contractor or subcontractor
iaiis to pay for any Materia of provisionat
or rented equiptnnt used
is upon, or for yr about the congtruation of the lic
]'fib improvements
or performance of the work to bs done r or far ariy work or labor don*
of any kind, in or on such improvements, said surety will pay the
sms in an mount not exaeediAg the sun set forth above and, in
addition, the Surety agrees to pay reasonable attorneys' fees in the
event that it bac=es necessary to bring an action to enforce this
bond.
This bond shall inure, to the be40fit of the
subcontractors, and to persons renting equipment
or materials to them for the improvements.
Signed and sealed on July 6, 1990
contractor, his
or furnishing labor
WINDSOR PROJECTS INC.
eatuzer rSuua ma
SENT BY : W I NDSCR_PRCJJGCTS # INC : 7- 3-•90 11: 1 GAM 71 4676855+4-o 0000000: # 1
IND NO 116 0657
lent =1 $1250.00
FAM"M pg�
t aulaliYisiau �
P31011 ALL = By 83 mama $ Chet Was
.iT mcil Dl? r!TC TMr
as mac 1 am
INSURANCErCOMPANY OF THE WEST
surety, are mold and tU%lyy bound unto
CITY OF LA QUINTA, CAL-IFORNIA
ai �bligei� ii the d# --FIFTY THOUSAND AND NO 100--------------
-------------------------------------------------------------------
PAM
Dollars -------------lawfvx wwwr of the United
dtatad, foe the payment of whioh sun well and truly to be made, we
bind ourselves jointly and sevatally, firmly by theme present$*
Tn 0=2?1= OF TO !C IGGINO OiLMr-T OM i! 001p '!'flat, Whereas,
said Principal has entered into a a-ru-twision Agreement with said
Obliges, dated JULY 6, 1990 0 in whioh skid Principal
agrees to oon*tsuat designated public inprovamonts, as lollavol
MILES AVENUE MEDIAN ISLAND
end, as a condition of approvinq *aid lubdivision, the Prinoipgl ii
required to give a bond to gvaraatto co"Isties of said iwovowata.
scow, T=2210AN, if said Principal shall, well and truly do VA Porto"
all the Covenants an4 obligations of said agreement on tits pset to bo
dons and verfemed at the time and in the mallet apeoitied thertia,
then this obligatLon shall be null and void# otborwiseg it shall be
and remain in lull farce and a!leet and, In A"itiont surety agrees
to pay ro+asoftbls rttsEna►7111' t"s sn the event that it become
hocessary to bring an a0tLan to enforce this bond.
Signed and sealed on JULY 69 1990
NDSOR PROJECTS INC.
Ysnlstror l�rinoipai
WEST
ATTORNEY -IN -FACT
BY : W I HD5M _MR0JECTS i INC ?- 3-90 i i -616W 71467685544 0000000: fl 1
g= Wo6116o6_55
!fit UN' $3900.00
vAX'r�iM pl-MOU V mm
rauhd�yision�
pOM ALL m sy "Oil Mks, ThAt . Nei
�• le�oaip�l and
INSURANCE' COMPANY OF THE WEST
as=NITY are OF LA hold QUI� A,CAL-IFOtiValy bR IA yntO
as Wipe, in the " of , --QNE� ��D.ED. SEVENTY_ _THOIT. AND AND NO%LQO
-------------------- -------- ------------ --------- ---------------
nolYaor (------------- ��
lawhi mom of the ttAitod
hater, tot the O"fkt of WhL*h sun wadi and truly to be made, we
Und ourselves jointly and s*wsrally f tiamly by these 994608t8.
ra c xs:ter of m Golve ourm-Tum !! decal "katt WASteas,
said lrincLp&L has onto rad ilite a sir, i•isioa Agreement with said
abliVoo, dated �JULY 6, 1990 , � Vkioh sdu p riBoipal
a!r•s to 06ns#truat dosWatst p+ 110 iopsovsm mts, as lollori t
LANDSCAPING DRAINAGE, BASINS,,P.FRIM TER.LOTS AND SOUNDWALL
and$ as a conditian of apparavLaq said tubdi.ision, the Principal is
required to Vivo a bond to gussafate• 000910USS Of said improvWWots.
NOW, T=2210 # it said fsinoipal shall Will and trtizy do sand pWOM
all the oovonants and Obligations of said Agroo"Aa on its pan to be
dons and prstomed at the tiewr and in the eannst specified thsrolnr
than this obligatL*rk shall be null and vosdl otborwisep it 0911 bo
and Cowin in lull !pros and effect and, in addition twroty &from
to pay re&sOngbls MttOrnsys' JIlas in the *"nt that it becomes
necessary to bring an a+ot ion to anloreo this bonas
stow aid sealed on JULY 6, 1990 s +
-WINDSOR PROJECTS INC.
yoatuson l�ririalyal
/�
SM No, 1160655
pAwUlf 1 Inc
in Performance Bond
LAB" MD KhTUXAL PAYMT NO
KNOW ALL Mom' pY THsaz pRXSNTS, That Way 0
am WINDSOR PROJECTS INC. _,_.
a� r nth p� , a
THE WF21
SuratI
1941
arir hall and f irM1y hound unto
__ CALIFORNIA
b�Iiari (i'-,�s,,
states tos
bind ourseivei
wis suet 43C --- _ --
------------------ ------------------- ------ -
® payment o w o-- Well A �ndo t o n tad
Jointly and severally, i�srraly b � truly to be made, we
�' ee presanta.
TKI CONDITION of TXjj jP0RX00jVS 03LIOAx=ON _
said prinoi al has •ntored into a Sum 5� � That, Whereas,
ob►UISS , da 4d JULY 6 990 1 ivistott Ag"WROnt w
adze*$ to construct , its Which uaid ith said
+� ��,� Pu provements, as fallowpri�aipal
a:
LANDSCAPING DRAINAGE BASINS, PERIMETER LOTS AND`SOUNDWALL
=tad, i as a condition of approving said
red to Viva a Labor a x&tvVLA ubdivir#on, the Prinaipal is
l psyat Mond as , heroin provider
NO�� 7MOWORS . if aaid pr i
fails to psy i'or an wl or any contractor or fubacrn!
y utlrja raptor
in upon, or for or sb►+vut tha ooraiit� ov►iesona, CC ranted Mi at used
or perf orm&nOS oi' t vork t® motion of the pu,bliO i rcVwe Its
Of any kind, in or an such done ► ar far say work orlabor
,rams in an atnauat such LVrovONents, said Surety will ay -done
addition, th• surrty a =is exo*od1ft tha suet set forth Qwvapay the
event that it
beoa a toy reasonsbie attorneys t fees i' �n
bond. aeeaarary to bring as cation to enforce tft � e
is
This bond •l�at1Z inure to t�
auboontxaatore, and to benefit of the o4Att�►atar, h#�•
or matariila to theme for rsoa• rentinV equipment or furnishing la
istprow�ernt,� � � bar
eig116d and rtalod ors r6. 1990
WINDSOR PROJECTS INC.
�tatus�s t �Q �
SENT BY: W I NDSM-MWJECT'S, I NC ?- 3-90 1 i : 16AM 71467685544 0000000; # i
3M 906 116 06 SQ
ra W=l $1250.00
7AX""L pp�"Q�1 Qp
t •vth�lirls lea
p�i01t ,ALL M 1T "082 MAMA, tUt Nat
w TIC(li? nnQ TVQrPQ TATP
llncripp��l and
INSURANCE�COMPANY OF THE WEST
aun, are hold and fisaly bewnd Unto
ts
CITY OF LA QUINTA, CAIVORNIA
as WOW in tho Am of -TWF-NTv FIVE, .runttceNn �Arn Ann/1nn
----------------------------------------- -
noliars �
25,000.00----------------- , lawhl now of tM united
stated, fat the payre►nt of whioh sun w*ii and truly to be made, we
bind ourselves jointly and sevarally+ fiNsly by these V406 It
W2 *MIII= of TO pmecin 05001:00 Is AVON# T"tr Whesaae,
said Principal has o>nt6r4d into a *;A!4iYiai0n Agreement with said
ablivesf dated JULY 6, 1990 0 in whiGh sold PrinaipAl
agrees to aoastswot designated poblie iaApsovsment6# as follows1
SUBDIVISION MONUMENTATION TRACT NO. 23913
mad$ as a eoaditian of appeovinq oaid hvlwllwision# the PrinoipaS is
required to give a band to quiraata• 00MIOLOD Of said iWnvOINrits.
114N, TMSBVQXX, it said Principal shall well aae truly do WA perfom
all the odvenants and obli9stiosw of said agreement en its pan to be
eons, and pesfomd at the bairn and in the mallet apeoified theroinr
then thf,s obligation shall be mull ArA voidl otberwiWo it shall ba
and remin in hell logos and effect and, Ln additions surety apses
to pay reavonable attorneys, goes fn the ownt that st become
asocessary to bring an action to enforces this heart.
UOW am soap on JULY 69 1990
..WINDSOR PROJECTS INC.
yeaftm tairaoipal
ATTORNEY -IN -FACT
SENT HY : W I NDS0R_PRQJECTS + INC S 7- 3-90 11:16W 7146768554-# 0000000" M, 1
MW 90 6 1 1�h 58 -
lNW=e $625.00
r�tTl��'VL pbNt"O�Uia� s4Mlh
nal ALL Un IT "an lest t we*
WTunQnunDm-Tc Tme
as Prinvippa�l and
INSURANCECOMPANYOF THE WEST
dYstty, are hold and UZ161Y !bound unto
CITY OF LA QUINTA, CALIFORNIA __■_
it Obliplo in tU 0%0 Ot ..;-nLEM F jVF Tun tceunANTI_un/1 nn---_ -
-----------------------------------------------
Jill
Dolliri 1 59000.00----------------I p lawful i01► at the ttAitad
stated, to* the p"nt of whi®h sun weir and truly to be made, we
bind ourselves jointly and sevetallyr tivaly by theme preserite.
ra MAMBITM of "M 7=601we OUNAi=TtOM !i avant
mat, Mhe*aas�
said rrinoipal has entered irate a s°r,�-4ivision Agreemrnt with said
Obligee, "tod JULY 6, 1990 wmm�, in which sAd Principal
agrees to donstruat designated public inprovsments, as lollowe l
MILES AND ADAMS TRAFFIC SIGNALS
•Ad$ as a condition of approving said sulivisian, the Prinoipsl is
required to give a hand to puaraatee oomrpletion of said ismrovements.
NON, Ti 22100, it said iriscipal shall wrll aria truly do wA perrasw
all the odves►ants and obli9at-,eau of said afroecnsnt on its part to be
done and pertoned at the tiao and to the amour specified therwinr
then this obligation shall be null mW voids otborrisr, it shall be
and remain ih lull tproo gild alto t and, Ln addition, Surety agrees
to pay reasonable attorneys' t"s to the ovent that St bacmes
hocessary to bring an action to anloeeo this bons.
SLOW ark seal on JULY 69 1990
_,JINDSOR PROJECTS INC.
yentusm ltinoipal
4�1CC�
in
451CO
(�C30N�p
BOND NO: 415864S
INITIAL_ PREMIUM: 80.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
Dust 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 under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
City of La Qu n a
as Obligee, in the sum of Four Thousand Dol 1 ^rs
($ 4,000.00 ) 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, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No. 23913
entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall 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 at
California, this
Eleventh
"PRINCIPAL"
day of
March
Roger Snellenberger & Associates, Inc.
oger Snellenberger
Palm Desert Ca 92211
19 96
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY:
"'Diane M Nielsen Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
DI 113 Rev. 2191
OUTSTANDING BOND REPORT
Name: Windsor Projects, Inc. (previously JASCORP project - Waldron Park)
Tract No. 23913
Date of Contract: July 6, 1990
Required Bond Amounts:
$1,982,900 - Performance
$ 991,450 - Labor & Materials
Dates of Bond Reductions: On 7/18195 $1,203,900 for streets was reduced to
$421,400; $170,000 for landscaping reduced to
$59,500; $609,000 for sewer/water reduced to
$60,900
Outstanding Bonds:
Amount:
Bond No.
Date Cancelled/Released:
$ 25,000
116 06 59
$ 23,000
116 06 60
Released 9/7/95
$ 25,000
116 06 58
$12,500
116 06 58
Released 9/7/95
$170,000
116 06 55
reduced on 7118195
$ 85,000
116 06 55
$ 50,000
116 06 57
$ 25,000
116 06 57
Released 9/7/95
$609,000
1166113
reduced on 7118195
$304,500
1166113
$1,203,900
1166112
reduced on 7118195
$ 601,950
1166112
$ 4,000
415864S
OUTSTANDING BOND REPORT
Name:
JASCORP (Waldon Park) (sold to Windsor Projects, Inc.)
Tract No. 23913
Date of Contract: July 1989
Required Bond Amounts:
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
$ 75,000
$150,000
Bond No. Date Cancelled/Released:
# 1178604 Released Sept. 4, 1990
#1178604 Released Sept. 4, 1990
4
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
JUNE S. GREEK, City Clerk
AND WHEN RECORDED MAIL TO:
CITY OF LA QUINTA
Attn: June Greek
P. O. Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
DOC N 2004-09119M1
13/16/2004 68:00A Fee:NC
Page i of 4
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk d Recorder
oee
moomm��
MOMWOMMMWAN00101
see
�MeMeIMISM
ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 2004-122
Acceptance of Declaration of Dedication
. Tract Map No. 23913
Title of Document
THIS AREA FOR
RECORDER'S
USE ONL
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($ 3.00 Additional Recording Fee Applies)
C:\MYDATA\WPDOCS\FORMS\Recorder.wpd
T
M
RESOLUTION NO. 2004-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF
LA QUINTA, CALIFORNIA ACCCEPTING THE
DECLARATION -OF DEDICATION. TO THE CITY OF LOT 1
AND PARCEL A (APN 604-273-001 AND -009) AND LOTS
96 THROUGH 98 (APN 604-274-00.9 THROUGH -0111 OF
TRACT' MAP NO. 23913 FOR -FLOOD RETENTION
PURPOSES
WHEREAS, the construction. and offer of dedication of the retention basins on
Lot 1 and Parcel A (APN 604-273-001 and -009) and Lots 96 through 98 (APN 604-
274-009 through -011) of Tract Map No. 23913 were a condition of the Quinterra
development project; and
WHEREAS, the property so offered for dedication. is more full 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 basins were subsequently installed by the developer of
Quinterra development project on the Dedicated Property; and
' -WHEREAS,, a Declaration of Dedication -for. the flood retention basins were
accordingly recorded with the County of Riverside on October 23, 1990 as Instrument
388860; and
WHEREAS, the City of La Quinta now desires to accept said Declaration of
Dedication in order 10 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
recordthis Resolution in the Office of the County Recorder in the County of Riverside,
.State of California.
4
Resolution No. 2004-122
Acceptance of Declaration of Dedication
Rw-D 2004-060
Adopted: November 2. 2004
Page 2
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:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
-DON AWIXH, KAyor
city of 14QuintA, California
ATTEST:
JU . REEK, CMC, City
City of La Quinta, California
(SEAL)
APPROVED AS TO FORM:
M. AT ERINE JENSPN, City A orney
City of La Quinta, California
•,� foregoing is a
OW of the originat
O tice of the City
#tt`'�#1►�t� t�t�rrta, C:al�n�is
Greek, CM0/ME
city cte*-
f
Resolution No. 2004-122
Acceptance of Declaration of Dedication
RW-D 2004-060
Adopted: November 2, 2004
Page 3
EXHIBIT "A"
Description of Real Property:
"Lot 1 and Parcel A and Lots 96 through 98 of Tract Map .No. 23913, as
recorded in Map Book '226, Page 72-76 in the office of the County Recorder,
County of Riverside, State of California APN 604-273-001 and -009, APN 604-
274-009 through -011
JAME5 R MOORE' JAMES L MORRIS
PAUL FREDERIC MAR% CAN—H
R ICHARD A Cu
MIiCHAELJT MORNAK
LEO HARD A HAMPEL P�HLIP ❑ KOwN
JOIN B HURLBUT. JR JO EL O KUPERBCRO
MICMAEL W. IMMELL 5TEVEN A NICHOLS
MI LFORD W DAHL. JR. THOMAS G BROCKINGTON
TM EO DO RE I WALLACE, JR' WILL AM W WYNOER
RI CIlwRD Iw SIMS EVRIDIKI IVICKI) DALLAS
RODE RT C BRAUN RAND— N NRBuSN
CDWARO D. SYBE3 MA, JR' MAR M GREEN
THOMAS S. SAUNGER' THOMAS J CRANE
DAVID C LARSEN' MARK B FRAZIER
CLIFFORa E. FRIEDEN M. KATME RINE JENDON
MICMAEL D� RUBIN DUKE F WAHLOUIST
IRA G. RIVIN' RICHARD O MONTEVIDEO
JEFFRCY M OD ERMAN' LORI SARNER SMITH
Jo5EPM D CARRUTM ERNE5T W KLATTE III
STAN WOLCOTT' ELIZABETH L. MARTYN
ROBERT S. BOWER KIM D. THOMPSON
DAVID J. ALES -RE —YUr TwTLOA KACER
MA "C"
A. FORSYTN DAVID B. COSGROVE
WILLIAM M. MARTICDREHA MANS VAN LIGTCN
RUTAN & TUCKER, LLP
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
611 ANTON BOULEVARD, SUITE 1400
COSTA MESA, CALIFORNIA 92626-1998
DIRECT ALL MAIL TO: P. O BOX 1950
COSTA MESA, CALIFORNIA 926213-1950
TELEPHONE (714) 541-5100
FAX (714) 546-9035
A. W. RUTAN IIBBO-IB72)
JAMES B TUCKER, SR IIB BB-IBSO)
MILIo RD W. DAHL, R.
IIBIB-IBBB)
H RODGER HOWELL IIB2B-IB03)
September 8, 1997
William R. Potter, Esq.
Potter & Taylor
West Ash Plaza
350 West Ash Street, Suite 801
San Diego, California 92101-3404
STEPHEN A ELLIS -I SCPH L MAGA III
MATTHEW K ROSS KRAIG C KILGER
JEFFREY WERTHEIMER SCOTT R SANTAOATA
ROBERT O OWEN SANDRA Jo YOUNG
AD.
N VO LKL RT ALLEN C STERGA.R III
JEFFREY A OOLDFAR5 JUWA L BOND
F KEVIN BRAZIL JENNIrER W n-gPLRL�NP
LAVNE H MELZER 5TEVEN J OOON
L SKI HARRISON DOUOLA5 J. DENNINGTON
ELISE K TRAYNUM Tone G 'rt -
CAROL L. DEMMLER 5TEVEN M MULDOWNEY
PATRICK D MCCALLA KARA S CARLSON
RICHARD N. TIOwELL ERIC L DUNN
MICMAEL K. SLATTERY PEBDRAH J CHUANG
A PATRICK MUF4oZ FRED GALANTE
DE
BRA DUNN STEEL 5.. P FARRELL
OAVID N. NOCNNER MARLENE PO5E
DAN SLATER APRIL LEE WALTER
1AME5 5 WEISZ KAREN ELI ZABETH WALTER
PAUL J. SIEVERS NATAOK SIBBALG DUNDAS
i DANICL HARBOTTLC
A—11OSSI.— —I——
or OF COUNSEL
GARVIN F. SHALLENBERGER�
WILLIAM p. al"DAVID J. GARIBALDI. III
HECEI VE❑
SEP 091997
��LL�AM R pl]TF►-p
Re: City of La Quinta v. Insurance Company of the West
Riverside County Superior Court Case No. 00247.E ,(Indio)
Dear Bill:
In accordance with our recent correspondence, I am enclosing
the Settlement and Release you prepared as executed by the La
Quinta City Manager with the attestation and seal of the City
Clerk. I have also enclosed a copy of the Request for Dismissal I
am filing with the Court. I will provide you with a copy of the
request as conformed by the Court after the dismissal is entered.
Very truly yours,
RUTAN /&//'FUCKER , LLP
Philip D. Kohn
130/015610-0017/3102484. e09/08/97
SETTLEMENT AND RELEASE
City of La Quinta vs. Insurance Company of the West, et al.
Riverside Superior Court, Case No. 002476
1. In consideration of the payment of $32,500.00 by Insurance Company of the West
and I.C.W. Group, (Surety), receipt of which is hereby acknowledged, the undersigned, City of La
Quinta, (Claimant), does hereby release and forever discharge Surety, from any and all claims,
demands, or causes of action that the Claimant now has or may have under all the Surety's bonds
it has issued naming Windsor Projects, Inc., as principal, and the City of La Quinta, as obligee, in
connection with a subdivision improvement agreement between Windsor Projects, Inc., and the City
of La Quinta, dated July 6, 1990, in reference to Tract No. 23193, and including, without limitation,
Insurance Company of the West Bond Nos. 116 06 55; 116 06 57; 116 06 58; 116 06 60; 116 61 12;
and 116 61 13, all as more fully explained in the lawsuit or proceeding known as City 'of La Quinta,
a California municipal corporation, plaintiff, vs. Insurance Company of the West, etc., et al.,
defendants, Riverside Superior Court, Case No. 002476.
2. Claimant hereby authorizes and instructs its attorney of record in the above -
referenced action to cause a dismissal with prejudice and/or satisfaction of judgment as to Surety to
be executed, delivered, and/or filed in the action, Claimant and Surety each to bear their own costs
and attorney fees.
3. This compromise settlement, notwithstanding Section 1542 of the California Civil
Code which provides:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release which if known by
him must have materially affected his settlement with the debtor.
shall be a full settlement of Claimant's dispute, claim, cause of action, and/or judgment in the matter
128.86\02SETrLE.DOC 1
referred to above including any claims or causes of action based on Surety's response or lack of
response to or procedures used in handling claims against said bonds or arising under the California
Insurance Code. Such compromise settlement shall act as a release by the Claimant of future claims
that may arise from the above -mentioned dispute and transaction whether such claims are currently
known, unknown, foreseen or unforeseen. The Claimant understands and acknowledges the
significance and consequences of such specific waiver of Section 1542 and hereby assumes full
responsibility for any inju les, darnageS, losses or liability that they =wy hereafter incur frrtm the
above -specified transaction and dispute.
4. Claimant acknowledges and represents that no promise or representation not herein
expressed has been made to the Claimant in connection with this Release and that this Release
embodies all terms and conditions pertaining to the compromise and settlement of Claimant's claim.
5. Except as provided in this Release, Claimant warrants that it has not assigned or
transferred, and that it will not undertake to assign or transfer, any claim or cost referred to in this
Release, and that it has paid all laborers, subcontractors, suppliers, or other persons for work done
or material or equipment supplied to or for Claimant on the Project. Claimant will defend,
indemnify, and -hold harmless the Surety from -any claims and -any costs -incurred by Surety -arising----- ----
directly or indirectly out of any breach of this warranty.
6. If either party commences any action, arbitration, mediation, or other proceeding to
enforce or interpret this Release or warranties, the party prevailing in such proceeding shall be
entitled to recover its costs and expenses incurred in the proceeding, including a reasonable aura to
be allowed for attorney fees, from the other party.
7. Each person signing this Release acknowledges and represents that he or she has read
this Release and fully understood it before signing it, and that he or she is executing this Release
128.86\02SETTLE.DOC 2
after having received advice from legal counsel of such person's choice, and if signing on for an
entity, warrants that he or she has authority to and thereby does bind such entity.
Dated: ?_ I' "
City of -La Quinta
128.86\02SETfLE.DOC 3
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT LGE ONLY
(714) 641-5100
PHILIP D. KOHN
Rutan & Tucker, LLP
611 Anton Blvd, Ste 1400
Costa Mesa, CA 92626
90518
ATTORNEYFOR(Nameh Plaintiff City of La Quinta
Insert name of court and name of judicial district and branch court, if any:
RIVERSIDE COUNTY SUPERIOR COURT
INDIO BRANCH
PLAINTIFF/PETITIONER: CITY OF LA QUINTA
DEFENDANT/RESPONDENT: INSURANCE COMPANY OF THE WEST
REQUEST FOR DISMISSAL CASE NUMBER:
Q Personal Injury, Property Damage, or Wrongful Death
Q Motor vehicle Q Other 002476
�] Family Law
0 Eminent Domain
Other (specify} Breach of Contract
A conformed copy will not be retumed by the clerk unless a method of return is provided with the document. —
1. TO THE CLERK: Please dismiss this action as follows:
a. (1) XQ With prejudice (2) Q Without prejudice
b. (1) 0 Complaint (2) Q Petition
(3) El Cross -complaint filed by (name):
(4) 0 Cross -complaint filed by (name):
(5) =] Entire action of all parties and all causes of action
(6) Q Other (specify):°
Date: September 8, 1997
PHILIP D. KOHN
(TYPE OR PRINT NAME OF [11 ATTORNEY = PARTY WITHOUT ATTORNEY)
s If dismissal requested is of specified parties only, of specified causes of
action only, or of specified cross -complaints only, so state and identify
the parties, causes of action, or cross -complaints to be dismissed.
on (date):
on (date):
RUTAN & TUCKER
Attorney or party without attorney for:
Plaintiff/Petitioner Q Defendant/Respondent
__r J_CfOSS__
2. TO THE CLERK: Consent to the above dismissal is hereby given."
Date:
(TYPE OR PRINT NAME OF Q ATTORNEY 0 PARTY WITHOUT ATTORNEY)
6° If a cross -complaint - or Response (Family Law) seeking affirmative
relief - is on file, the attorney for cross -complainant (respondent)
must sign this consent if required by Code of Civil Procedure section
581(i) or Q).
(SIGNATURE)
Attorney or party without attorney for:
Q Plaintiff/Petitioner Q Defendant/Respondent
Q Cross -complainant
Va cornplatelJ by c1e--'
3. 0 Dismissal entered as requested on (date):
4. 0 Dismissal entered on (date). as to only (name):
5. 0 Dismissal not entered as requested for the following reasons (specify):
6. 0 a. Attorney or party without attorney notified on (date):
b. Attorney or party without attorney not notified. Filing party failed to provide
Q a copy to conform Q means to return conformed copy
Date:
Form Adopted by the
Judicial Council Of California
Clerk, by
REQUEST FOR DISMISSAL
, Deputy
COOS Of Civil Procedure, § 581 at seq.
Cal. Rules of Court, rules 383. 1233