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23935-1 Desert View Homes 90CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT THIS of June DESERT VIES" AGREEMENT, made and entered 19 90 by and between _ ] HOMES into this 18th day 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 map of Tract No. 23935-1 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 $1,259,400.00 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 install certain improvements; and WHEREAS, 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 WHEREAS, the total cost of such improvements has been estimated by the City Engineer to be approximately -0- Dollars; NOW, THEREFORE, IT IS AGREED by and between the parties thereto as follows: 1. 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.23935-1"; 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. SUBDIVISION IMPROVEMENT AGREEMENT - Tract 23935-1 Page 2 2. Subdivider shall furnish to City securities satisfactory in form and substance to City Attorney executed by a corporation authorized to transact surety business in the State of California, one class security to be in the aggregate sum of $1,501,400.00 dollars to assure the faithful performance of this Agreement, said security class hereinafter referred to as "Performance Bond(s)", and one security to be in the aggregate sum of $688,900.00dollars to assure the payment of the cost of labor and materials supplied to construct the required improvements, said security class hereinafter referred to as "Payment Bond(s)". All securities furnished pursuant to this Agreement shall be furnished in amounts commensurate with the estimated value of the various improvement items set forth in Exhibit 'A' which is attached hereto and made apart hereof. Subdivider shall furnish a minimum of four (4 ) separate Performance Bonds and a minimum of two (2)separate Payment Bonds as identified by the respective Bond Groups shown in Exhibit W. 3. Portions of the improvements required herein for Tract No. 23935-1 are offsite improvements and may be subject to separate reimbursement agreement(s) resulting in partial reimbursement of costs to the extent legally possible to the Subdivider as more particularly setforth on the attached Exhibit 'A' all subject to the approval of the City. Reimbursement Agreements shall be subject to the legal requirements of the Municipal Code together with Labor Code Sec. 1770 et. seq.; and offsite reimbursement not applicable, and 4. Portions of the improvements required herein for Tract No. 23935-1 may be deferred to later date subject to the approval of the City as hereinafter set forth on the attached Exhibit W. In any event any deferred security shall be furnished to City prior to the approval and recordation of Map for Tract No. 23935-1. 5. Subdivider shall commence the construction and installation of said improvements within ninety (90) days from the approval of such "Improvement Plans" for Tract No. 23935-1 by the City Engineer, and shall complete the construction of said improvements within eighteen (18) months from the date of commencement. Subdivider may at its sole discretion extend the completion period described herein past the eighteen (18) months time period to any future date that Subdivider may select. It is understood, however, that a condition precedent to extending the completion period, Subdivider shall furnish to City securities similar in form and substance to those required by Article 2 herein to cover the extended completion period selected by Subdivider. The value of said securities shall be sufficient to insure the performance of improvement work that remains incomplete at the time of said time extension. The security posting amount shall be determined by the City Engineer. 6. 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. After the monuments are set, Subdivider shall furnish to the City Engineer written notice that the monuments have been set, and written proof that the engineer or surveyor has been paid for setting the monuments, or as otherwise provided in the Subdivision Map Act. 7. 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. SUBDIVISION IMPROVEMENT AGREEMENT - Tract 23935-1 Page 3 g. 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. 9. Subdivider shall complete such improvements 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. 10. 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. 11. The labor and material security required by Article 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 Article 1 herein. 12. Ten percent (10%) of the performance security required by Article 2 herein shall be retained by the City for one (1) year to support the guarantee of the improvements required herein. 13. In the event that the Subdivider fails to perform any obligation hereunder within sixty (60) days after the City has mailed written Notice of Default to the Subdivider at the address given below, the Subdivider authorizes City to perform such obligation and agrees to pay the entire cost of such performance by City. 14. 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. 15. 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 connected with Subdivider's performance hereinunder in the construction of the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. ********************************************************************* SUBDIVISION IMPROVEMENT AGREEMENT - Tract 23935-1 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 �Z/ A By: Ronald L. Kiedrowski City Manager ATTEST: City Clerk SUBDIVIDER: By: By: Subscribed and Sworn to before me this 1917y . y�Pt op r OFFICIAL SEAL Seal of Notar I'-- W NAGLER NO1ARY PUBLIC - CALIFORNIA My connnz. expires i P, 6, 1993 REVIEWED AND APPROVED City Engineer Add r e s s: MOW 41V j6uZeW 024440 # V a C-4• P-S'VF day of , v.� -c- Date SUBDIVISION IMPROVEMENT AGREEMENT - Tract 23935-1 Page 5 EXHIBIT 'A' The following improvements are designated by Bond Groups to permit the phasing of the required improvements together with the required securities: Bond Groups No. 1, No. 2, and No. 3; the Subdivider shall provide Performance Bonds and Payment Bonds prior to the approval and recordation of Map for Tract No. 23935-1. Improvements are to be accomplished solely at the expense of the Subdivider and to be completed within eighteen (18) months as herein provided in this Agreement. Bond Group No. 4;the Subdivider shall provide Performance Bonds prior to the approval and recordation of Map for Tract No. 23935-1. Improvements are deferred for future construction by the City and/or by means of a cooperative agreement with others which is subject to the approval of the City. Construction shall be on an as needed basis as determined by the City. Traffic Signals: The Subdivider shall bear twenty-five (25%) percent of the cost of traffic signals at the intersection of Miles Avenue and Dune Palms Road including incidentals. Upon written demand of the City the Subdivider shall deposit his share of the estimated cost of traffic signal improvements with the City. Median Island(s): The Subdivider shall bear fifty (50%) percent of the cost of constructing median traffic island(s) along the Subdivision frontage of Miles Avenue complete with curbs/gutters, landscaping and irrigation system (s). Upon written demand of the City the Subdivider shall deposit his share of the estimated cost of the median island improvements with the City. SUBDIVISION IMPROVEMENT AGREEMENT-23935-1 Page 6 BOND GROUP IMPROVEMENT DESCRIPTION PERFORMANCE BOND PAYMENT BOND * 1 Subdivision Grading $ 100,000 50,000 ** Off -site street and Drainage 534, 200 -�" 267,100 v' Improvements On -site streets and Drainage 275,400 - 137,700`'� Improvements Perimeter lots and drainage basin landscaping 226,200 113,100%' 2 Sanitary sewer facilities 186,000 - 93,000 V, Domestic water facilities 56,000 28,000 3 Survey monuments 6,000 -0- 4 Traffic Signals at Dune Palms and Miles Avenue 25,000— -0- Median along Miles Avenue and Dune Palm (1/2 width improved with landscaping & irrigation) 92,600.- -0- Each improvement item listed hereon may be bonded individually, or bonded collectively with other improvements with a single bond, provided however, that improvements which are grouped together and bonded with a single bond are correspondingly identified in the 'Bond Group' column as being of the same group. Labor & Materials Performance Payment Bond Bond Bond Group 1 - Totals = $ 1,1351800 $ 567,900 Bond Group 2 - Totals = 242,000 121,000 Bond Group 3 - Totals = 61000 -0- Bond Group 4 - Totals = 117,600 -0- GRAND TOTALS = $ 1,501,400 $ 688,900 * Grading Bond for Phases 1 & 2 ** Includes $10,000.00 cost of underground electric installation g r*3�V_Z)11*: *"�rw-, �; 9 m,.� w �,�� K11 The Insco/Dico Group DCO Bond No. 204451S Premium $ 220.00 MKYA ALL NM BY THESE PRESENTS, That we, DESERT VIEW HOMES, LIMITED, 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 THE CITY OF LaQUINTA, as Obligee, in the sum of TEN THOUSAND DOLLARS, ($101000.00 for the initial year plus an additional five 5/ percent increase over the prior year for each year in force, after the initial year, 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 Declaration of Dedication with said obligee, dated August.2, 1990, in which said Principal agrees to provide and maintain landscaping and perform other obligations as may be therein required, and, as a condition of approving said Subdivision, the Principal is required to give a bond to gLaarantee combined with said Declaration of Dedication. NOW, THEREFORE, if said Principal shall well and truly do and perform all the covenants and obligaltions of said agreement on its part to be done and performed iat _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 except as provided hereinbelow 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. This bond shall be in full force and effect for the initial period of one (1) year and shall renew annually, on the anniversary of its effective date, for a period of ten (10) successive years or until such time as the offered dedication is accepted by the obligee as herein set forth, provided, however, that Principal shall continue, without interruption, to pay any and all premiums as they become due for each and every successive one (1) year renewal, and provided further, that each and every successive renewal shall be upon the approval and didce+-.ti:ontoflithe Surety, which 'approval shall not be unreasonably withheld. Signed and sealed this 21st day of AUGUST 19 90 DESEd VIEW HOMES L ITED DEVELOPERS INSURANCE COMPANY Principal " Surely By. _ David L. -Millet Attorney-irrfact 333 Wilshire Ave. Anaheim. California 92801 (714) 999-1471 (213) 402-7877 I()024 1 /66 BOND NO. 204351S PREMIUM: $ 2, 500.00 FAITHFUL PERFORMANCE BOND (Subdivision) KNOW ALL MEN BY THESE PRESENTS, That We, DESERT VlEly HG,NfES LTD, a California Limil-ed Partnership as Principal, and DEVELOPERS INSURANCE CCNIPANY Surety, are held and firmly bound unto CITY OF LA QUINTA as Obligee, in the sum of NINETY TWO THOUSAND SIX HUNDRED AND NO 100 Dollars ($ 92, 600.00 ), 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 Subdivnsion Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: MEDIAN ALONG MILES AVE & DUNE PALMS —TRACT 23935-1 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 agree to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. Signed and sealed on July 20, 1990 r,ESERT VIEW KMES I.TD, a California Limited PartnErship Vent er Principal ' By: Igo ma;K - BOND NO. /04343S PREMIUM: 2, 700.00 FAITHFUL PERFORMANCE BOND (Subdivision) KNOW ALL MEN BY THESE_ PRESENTS, That We, DESERT VIEW HOMES LTD, a California Limit-ed Partnersliip as Principal, and DEVELOPERS INSURANCE CCMPANY Surety, are held and firmly bound unto CITY OF LA QUA INTA as Obligee, in the sum of CIE HUNDRED THOUSAND AND NO/100 Dollars ($ 100, 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 , in which said Principal agrees to construct designated public improvements, as follows: GRADING IMPROVEMENTS —TRACT 23935-1 � Z. 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 agree to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. Signed and sealed on July 20, 1990 DESERT VIEW KMES LTD, a California Limited PartnErship Ventur r Principal By: BOND NO. 204343S PREMIUM: Included in Performance Bond LABOR AND MATERIAL PAYMENT BOND 'SubdiNisioni KNOW ALL MEN BY THESE PRESENTS, That We, DESERT VIEW HOME; LID, --a California Limited Partnership as Principal, and DEVELOPERS INSURANCE CO MANY Surety, are held and firmly bound unto CTTY nF 1.A OUINTA as Obligee, in the sum of FIFTY THOUSAND AND NO 100 Dollars ($ 50, 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 OBLIGATIONS SUCH, That, Whereas, said Principal had entered into a Subdivision Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: GRADING IMFROVIINENTS -TRACT 23935-1 may' 47, 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 benefits of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. Signed and sealed on July 20, 1990 DESERT VIEW HOMES LTD, a California Limited Partnership Ven rer Principal A I - , 45 0 C e�e,49;r_0��4 /1(/ �eZ4404 . LIM Sure . D OF RS INSURANCE COMPANY By. y•, rney-in- ac BOND NO. � 04344S PREMIUM:$14, 423.00 FAITHFUL PERFORMANCE BOND Subdivision 51 W ALL MEN BY THESE PRESENTS, That We, DESERT V1Ely HGNES LTD, a California Limit.e artners hip TY as Principal, and DEVELOPERS INSURANCE CCMPAJ\ Surety, are held and firmly bound unto CITE- as Obligee, in the sum of FIVE HUNDRED THIRTY FOUR THOUSAND TWO HIKE11,D AND N0.11 nn Dollars ($ , 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: OFF -SITE STREET AND DRAINAGE IMPROVEMENTS TRACT 23935-1 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 agree to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. Signed and sealed on July 20, 1990 DESERT VIEW KMES I.TD, a California Limited Partnership Ventu Principal By: Surety: D .Y By: M. SOM, , At rney-in-Fact BOND NO. 204344S PREMIUM: Included in Performance Bond LABOR AND MATERIAL PAYMENT BOND (Subdivision) KNOWN ALL MEN BY THESE PRESENTS, That We, DESERT VIEW HOME. LID,a California Limited Partnership as Principal, and DEVELOPERS INSURANCE COMPANY Surety, are held and firmly bound unto CITY OF LA QUINTA as Obligee, in the sum of TWO HUNDRED SIXTY SEVEN THOUSAND ME HI INERFn NG/1 nn Dollars ($ 267,100.00 ), 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 OBLIGATIONS SUCH, That, Whereas, said Principal had entered into a Subdivision Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: OFF -SITE STREET AND DRAINAGE IMPROVEMENTS TRACT 23935-1 and, as a condition of approving said Subdivision, the Principal is required to give a Labor and Material Payment Bond as herein proNided. 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 benefits of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. Signed and sealed on � July 20, 1990 DESERT VIEW HOMES LTD, a California Limited Partnership Ventu Principal By: M. Surety: DEVFJ1OFERS INSURANCE COMPANY By: m:60sicy, rney-in ac BOND NO. 204345S PREMIUM: $7 , 436.00 FAITHFUL PERFORMANCE BOND (Subdivision) KNOW ALL MEN BY THESE PRESENTS, That We, DESERT V1Ely H01% ES LTD, a California Limited Partnership as Principal, and DEVELOPERS INSURANCE CCAIPANY Surety, are held and firmly bound unto CITE- OF LA QUINTA as Obligee, in the sum of TWO HUNDRED SEVENTY FIVE THOUSAND FOUR HUNDRED AND NO/100 Dollars ($275:400.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: ON —SITE STREET AND DRAINAGE IMPROVEMENTS—TRACT239135-1 and, as a condition of approving said Subdivision, the Principal is required to give a bond to guarantee completion of said improvements. NOW, THEREFORE, if said Principal shall well and truly do and perform all the covenants and obligations of said agreement on its part to be done and performed at the time and in the manner specified therein, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect and, in addition, Surety agree to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. Signed and sealed on July 20, 1990 DESERT VIEW hCMES I.TD, a California Limited Partnership Ventu r Principal xw/ a� Surety: D l f By: M. OSKY, Attor y-in-Fact BOND NO. 204345S PREMIUM: Included in Performance Bond LABOR AND MATERIAL PAYMENT BOND (Subdivision) KNOW ALL MEN BY THESE PRESENTS, That We, DESERT VIEW HQ�jE,; LID a California Limited Partnershi as Principal, and DEVELOPERS INSURANCE CONTANY Surety, are held and firmly bound unto CITY OF LA QUINIA as Obligee, in the sum of ONE HUNDRED THIRTY SEVEN THOUSAND SEVEN H lNT)RED AND - D No/ 7 nn Dollars ($ 137, 700.00 }, 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 OBLIGATIONS SUCH, That, NN"hereas, said Principal had entered into a Subdivision Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: ON -SITE STREET AND DRAINAGE IMPROVEXENTS -TRACT 23935-1 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 benefits of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. Signed and sealed on July 20, 1990 DESERT VIEW HOMES LTD, a California Limited Partnership Ventu r Principal Sure . D ' OPERS INSURANCE COMPANY By: . os y, or ey-in ac BOND NO. 204346S PREMIUM: $6,107.00 FAITHFUL PERFORMANCE BOND (Subdivision) KNOW ALL MEN BY THESE PRESENTS That We DESERT V1E1v HG1I-S LTD, a California Limil.ed Partriership as rrincipai, ana 1Jt✓VLLUFhRS INSURANCE CCMPANY Surety, are held and firmly bound unto CITY OF LA QUINTA as Obligee, in the sum of TWO HUNDRED TWENTY SIX THOUSAND TWO HUNDRED AND N0/100 Dollars ($ 2269 200.00 ), 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: PERIMETER LOTS AND DRAINAGE BASIN LANDSCAPE IMPROVEMENTS —TRACT 23935-1 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 i 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 agree to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. 1 Signed and sealed on July 20, 1990 r,ESERT VIEW hCMES I.TD, a California Limited Partnership VentYU6 Principal By: NOW.W.� BOND NO. 204346S PREMIUM: Included in Performance Bond LABOR AND MATERIAL PAYMENT BOND (SubdiNision) KNOW ALL MEN BY THESE PRESENTS, That We, DESERT VIEW HOMES LID, a California Limited Partnership as Principal, and DEVELOPERS INSURANCE CONTANY Surety, are held and firmly bound unto CITY OF LA QUINTA as Obligee, in the sum of ONE HUNDREDTHIRTEEN THOUSA ONE HUNDRED AND N01100 Dollars ($-113 , 100.00 ), 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 OBLIGATIONS SUCH, That, NVhereas, said Principal had entered into a Subdivision Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: PERIMETER LOTS AND DRAINAGE BASIN LAI\TGCAPE IMPROVEMENTS —TRACT 23935-1 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 benefits of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. Signed and sealed on . July 20, 1990 DESERT VIEW HOMES LTD, a California Limited Partnership Ventur P incipal By: By: Sure . DEVE40PER5 INSURANCE COMPANY By: A. M:SM44?mor ey-in ac