23935-6 Desert View/Topaz 95CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROV ENT AGREEMENT (the "Agreement"),is made and entered into this
j day of Y-\ - , 19 by and between Topaz
Associates Limited Partnership, a California Limited Partnership hereinafter referred to as "Subdivider," and the
City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map (the "Tract Map") of a tract of land in the City of La
Quinta, County of Riverside, which tract is known as Tract No. 23935-6 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Tract Map, Subdivider is required to install or agree to install certain public
and private improvements (the "Improvements")
C. The requisite improvements have not been installed and accepted at this time-
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Revision of Plans. Subdivider shall, within thirty (30) days of City Council approval of the Tract Map,
complete final corrections and revisions to improvement plans and submit for approval original plans meeting
the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping,
and other improvements required to be constructed or agreed to be constructed under this Agreement as listed
and described in the List of Improvements attached hereto as Exhibit "A" and incorporated herein (the
"Improvements"), and shall bear the full cost thereof. The methods, standards, specifications, sequence, and
scheduling of construction shall be as approved by the City Engineer.
3. Improvement. Security.
A. As a condition of City Council approval of the Tract Map, Subdivider shall have furnished
performance and payment securities to City as a guarantee of the completion of the Improvements, as set forth
in Government Code Section 66499 et sec. One class of security to be provided by Subdivider, hereinafter
referred to as "performance security," shall assure the faithful performance of this Agreement including
payment of associated plan check and permit fees. A second class of security to be provided by Subdivider,
hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and
materials supplied to construct the Improvements. A third class of security to be provided by Subdivider,
hereinafter referred to as "guarantee security," shall serve as a guarantee and warranty of the Improvements
for a period of one year following the completion and acceptance of the Improvements.
B. Subject to the approval of the City Engineer, security may be furnished in the form of (1) a
deposit of cash or negotiable bonds, of the kind approved for securing deposits of public moneys with City or
in favor of City, with a responsible escrow agent or trust company, (2) bonds which are of the form specified
in Section 66499.2 of the Subdivision Map Act and satisfactory in form and substance to the City Attorney
and are executed by a corporation authorized to transact surety business in the State of California, (3) an
instrument of credit from an agency of the state, (3) an instrument of credit from an agency of the state,
federal, or local government when any agency of the state, federal, or local government provides at least
twenty percent (20%) of the financing for the Improvements to be completed, or from one or more financial
institutions subject to regulation by the state or federal government and pledging that the funds necessary to
carry out the completion of the Improvements are on deposit and guaranteed for payment, or a letter of credit
issued by such a financial institution, (4) a lien upon the Tract, created by contract between City and
Subdivider, if City finds that it would not be in the public interest to require the installation of the Improvements
sooner that two (2) years after the rEtiordation of the Tract Map, (5) an irrevocable instrument of credit from
one or more financial institutions subject to regulation by the state or federal government pledging that the
funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust
fund which is not subject to levy or attachment by any creditor of the depositor until released by the City,
and/or (6) an irrevocable instrument of credit issued by a financial institution subject to regulation by the state
or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit
will be paid upon the written demand of the City Engineer, and that such written demand need not present
documentation of any type as a condition of payment, including proof of loss. Irrevocable instruments of credit
specified in (5) and (6) hereinabove shall be issued by financial institutions having a Moody's Financial Service
rating of "A" or better and evidence of such rating shall accompany the instruments when submitted to the
City for approval. The duration of any such bond or letter of credit shall be for a period of not less than one
year from the execution of the Agreement or such longer period for completion of the Improvements,
Subdivision Improvement Agreement - Tract 23935-6 Page 1 of 4
whichever is greater; further provided that the duration of such bond or letter of credit shall be extended to
provide the performance security holdback provided in Section 13 hereof.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. Separate
security shall be furnished for performance security and payment security. The amount of the performance
security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements,
including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized
representative of the City Engineer. Payment security shall equal Fifty Percent (50%) of the amount of
performance security except as otherwise set forth in Exhibit A. City shall retain Ten Percent (10%) of the
performance security for one (1) year following acceptance or approval of the Improvements to support the
guarantee of the Improvements pursuant to Section 12 hereof. As part of the obligation secured by each of
the performance security, payment security and guarantee security, and in addition to the face amount of each
such security, each such security shall include and assure the payment of costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the obligations thereby
secured.
D. Certain Improvements required herein may be deferred for construction by others at a later date.
Deferred improvements, if any, are identified in Exhibit A. Security furnished for deferred improvements shall
remain in place until the deferred improvements are constructed and costs are known and shall guarantee the
reimbursement by Developer of Developer's share of the cost of the deferred improvements.
Upon written demand from City, Developer shall deposit cash with City in lieu of or in replacement of
securities guaranteeing deferred improvements.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with
all provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements required or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best
efforts to purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful,
despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing
that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire
such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written
agreement therefor in a form acceptable to the City Attorney. Such agreement shall provide that Subdivider
will advance City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property,
with any unexpended funds refunded to Subdivider and any additional funds required for City's acquisition paid
by Subdivider upon the conveyance of such real property to Subdivider. In no event shall the failure of
Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation
to construct the applicable Improvement pursuant to this Agreement or the conditions to approval of the Tract
Map.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety
(90) days and shall complete construction within twelve (12) months after the approval of this Agreement.
Portions of the Improvements may be completed at a later date, as determined by the City Engineer as set forth
in Exhibit A.
7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such
events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of
time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve
or deny the request or conditionally approve the extension with additions or revisions to the terms and
conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish to City securities, similar in form and
substance to those required in Article 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to insure the performance of and payment for improvement work that remains
incomplete at the time of the extension, and to provide guarantee security on completed improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and
Section 13.20.100 of the City Subdivision Ordinance. Subdivider shall provide the City Engineer written proof
that the monuments have been set and evidence of payment and receipt thereof by the engineer or surveyor
setting of the monuments.
10. Approval of Improvements. At the completion of construction and prior to acceptance of the
improvements by the city, Subdivider shall submit a request for final approval by the city. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors and any required
construction quality documentation not previously submitted.
Subdivision Improvement Agreement - Tract 23935-6 Page 2 of 4
Upon receipt of said request, the City Engineer or a duly authorized representative will review the
construction quality documentation and will inspect the Improvements. If the Improvements are determined
to be in accordance with applicable city standards and specifications, and as provided herein, the City Engineer
shall recommend approval of private improvements and acceptance of public improvements by the City Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict
the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the
plans shall be clearly marked with the words "As -Built" or "As -Constructed," the marking shall be stamped by
an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California,
and the plans resubmitted to the City Engineer.
12. Improvement Guarantee. Subdivider hereby guarantees the improvements to City for a period of one
(1) year, beginning on the date of final acceptance of all tract Improvements by the City Council, against any
defective work or labor done, or defective materials furnished, and shall repair or replace such defective work
or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 66499.7 of the Subdivision Map Act and of Section 3 of this agreement. Prior to the release of
payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient
to show claims of lien, if any, that may affect the amount of payment security released.
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has
not been performed within sixty (60) days after written notice of default from City, then City may perform the
obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and
reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling
public interest, as determined by the City Engineer, the requirement for written notice of default and/or the
passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and
its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims,
demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with
Subdivider's performance hereinunder, including costs of suit and reasonable attorneys' fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Tentative Tract Map Conditions of Approval for the Tract. In the event that any requirement
or condition of this Agreement is inconsistent with or fails to include conditions of the Tentative Tract Map
Conditions of Approval for the Tract, which document is incorporated herein by reference, the provisions in
the Tentative Tract Map Conditions of Approval shall remain in effect and shall control.
17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable,
all provisions not so held shall remain in full force and effect.
• •�
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or
sent by registered or certified mail, return receipt requested, to the parties at their respective addresses
indicated below their respective signatures. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or
refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice
to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
Subdivision Improvement Agreement - Tract 23935-6 Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY OF LA QUINTA:
SUBDIVIDER:
By: Topaz Associates, L.P., a
California limited partnership
By: Century Homes Communities, a
California Corporation, G.P.
By:
Gary ntraa
Title: Assistant Secretary
om Genovese
City Manager
ADDRESS:
1535 South "D" Street, Ste.200
San Bernardino, CA 92408
Reviewed and Approved: 3mr, rZ" l
ffr ga
City Engineer(--1)
Date
Approved as to Form:
— (J- t-l-
City ttorney
ql,q 4 /j r"
Date
Subdivision Improvement Agreement - Tract 23935-6 Page 4 of 4
Exhibit A
LIST OF IMPROVEMENTS AND SECURITY AMOUNTS - TRACT 23935-6
Except as otherwise provided herein, Subdivider shall furnish performance security and payment security
prior to City Council approval of the final map.
As elements of the work are completed, Subdivider may request a maximum of three partial releases of
performance security. Requested releases will be evaluated and may be granted, in whole or in part, by
the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and
the value thereof, shall be made in writing to the City Engineer.
Improvement Description
Performance
Labor & Materials
Grading
$65,400
32,700
Domestic Water
80,400
40,200
Sanitary Sewer
47,800
23,900
Underground Electric
35,000
17,500
Off -site Retention Basin "
35,400
17,700
Streets
155,800
77,900
Survey Monumentation 3,200 0
Totals: $423,000 $209,900
# This amount represents the pro rata share of this tract's 29 lots of the total 315 lots proposed to drain into a $384,000 shared basin
to be constructed on Tract 25363.
Subdivision Improvement Agreement - Tract 23935-6 Page 5 of 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of Cal i forni a
County of San Bernardino
On July 28, 1995
DATE
personally appeared
before me, Doris A. Benoit, Notary Publ i c
Gary Weintraub **
NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
personally known to me - OR -
to be the person(-s) whose name(oQyafe-
subscribed to the within instrument and ac-
knowledged to me tha he .y-executed
the same in S authorized
capacity(+9�), and that by is
a+" DORIS A. BENOIT signature( - on the instrument the person(r4,
N COMM. N0. 997106 0 or the entity upon behalf of which the
NOTARY PUBLIC - CALIFORNIN N
SAN BERNARDINO COUNTY personal acted, executed the instrument.
My Comm. Exp. June 13, 1997 1+
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
P9 CORPORATE OFFICER
Assistant Secretary
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Cebtury Homes Communities
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION a 8236 Remmet Ave., P.O. Box 7184 a Canoga Park, CA 91309-7184
Ir
inse%=
ico
BOND NO
192762S
INITIAL PREMIUM: $523.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
GRADING BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
The City of La Quinta
as Obligee, in the sum of Sixty Five Thousand Four Hundred and 00/ 100 * * * * * * * * *
($ 65, 400.00 ) 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.
23935-6
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
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
Upland
California, this 26 th day of July , 19 95 .
"PRINCIPAL"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, a
California Corporation, G.P.
By: -�' 05-
ary ntrub, Assistant Secretary
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY:
Mich el J. ensel Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
DI 113 Rev. 2/91
BOND NO: l 92762S
p �p PREMIUM INCLUDED
IN PERFORMANCE BOND.
GRADING BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , 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 La Quinta
as Obligee, in the sum of Thirty Two Thousand Seven Hundred and_ 00/100 * * * * * * * * * *
(S 32, 700.00 ) 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, has entered into an agreement or agreements which are made a part of this bond, with the
The City of La Quinta as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 23935-6 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
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 Upland
California, this 26 th day of July , 19. 5
"PRINCIPAL"
Topaz Associates, L.P., A California Limited
artners ip
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY:
Mich 1 J. lansel I Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 112 (Rev. 5/92)
�j
U lJ— C
insc,qfl—co
C�G30MG�
BOND NO: 192763S
INITIAL PREMIUM: $643.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
DOMESTIC WATER BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,
Topaz Associates, L.P. , A California Limited Partnership , 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 La Quinta
as Obligee, in the sum of Eighty Thousand Four Hundred and 00/100 * I * * * * * - -
(S 80, 400.00 ) 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. ,
23935-6
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
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
Upland
California, this 26 th day of July - , 19 95
"PRINCIPAL"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, a
California Corporation, G.P.
By: ev3.s
G We' q*b, Assistant Secretary
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY: - eid�4 �-,blovj
Micha J. nsel IAttorney-in-Fact
17780 Fitch
Inine, California 92714
(714) 263-3300
DI 113 Rev. 2/91
01co
�p
BOND NO: 192763S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
DOMESTIC WATER BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P., A California Limited Partnership ,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
Tl,a r tv of La Ouinta
as Obligee, in the sum of Forty Thousand Two Hundred and 001100 * * * * * * * * *
($ 40, 200.00 _ ) 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, has entered into an agreement or agreements which are made a part of this bond, with the
The City of La Quinta as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 23935-6 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
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 Upland
California, this 26th day of July , 19 95
"PRINCIPAL"
Topaz Associates, L.P., A California Limited
Partners -hip
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY:
Mich 1 J.fWensel Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 112 (Rev. 5/92)
THE
GROUP
BOND NO:
192764S
INITIAL PREMIUM: $382.00
SUBJECT TO RENEWAL.
SANITARY SEWER BOND
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , 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 La Quinta
as Obligee, in the sum of Forty Seven Thousand Eight Hundred and 00/ 100 * * * * * *
(S 47, 800. 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. ,
23935 _6
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
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
Upland
California, this 26th day of July , 19 95 .
"PRINCIPAL"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, a
California Corpor Lion, G.P.
By:
Gay ntr&mb Assistant Secretary
"SURETY"
DEVELOPERS INSURANCE C MPANY
BY: L
Mic el J!IfHensel I Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
DI 113 Rev. 2/91
10
BOND NO: 192764S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SANITARY SEWER BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , 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
Thp City of La Ouinta
as Obligee, in the sum of Twenty Three Thousand Nine Hundred and 00/ 100 * * * * *
($ 23,900.00 ) 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, has entered into an agreement or agreements which are made a part of this bond, with the
The City of La Quinta as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 23935-6 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
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 Upland ,
California, this
26 th
"PRINCIPAL"
day of July , 19 95
Topaz Associates, L.P., A California Limited
Partnership
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY: satotl
Mic ael Hensel Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM 01 112 (Rev. 5/92)
inscqb=
'CO
BOND NO:
192765S
INITIAL PREMIUM: $280.00
SUBJECT TO RENEWAL.
UNDERGROUND ELECTRIC BOND
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
The City of La Quinta
as Obligee, in the sum of Thirty Five Thousand and 00/ 100 * * * * * * * *
($ 35, 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. ,
23935 —6
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
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
Upland
California, this 26 th day of Jules , 19 9 _ .
"PRINCIPAL"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, a
California Corporation, G.P.
By: ��3.5'
ary Falub, Assi stant Secretar
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY: 14 ;;,, iz 4w
Mic el J. I bens -el Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
DI 113 Rev. 2/91
BOND NO:
192765S
rrw�� PREMIUM INCLUDED
g o�p IN PERFORMANCE BOND.
UNDERGROUND ELECTRIC BOND
SUBDIVISION IMPROVEMENTSBOND
LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
To az Associates, L.P. , A California Limited Partnership , as Principal,
That we, p
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 La Quinta
as Obli ee, in the sum of Seventeen Thousand Five Hundred and WIN
500.00 ) 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, has entered into an agreement or agreements which are made a part of this bond, with the
The City of La Quinta as Obligee for the improvements in the
subdivision designated as (Tract/ Parcel) Map No.
2393 6 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
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
Upland ,
Qq
26 th day of Jul ,
California, this
"PRINCIPAL"
Topaz Associates, L.P., A California Limited
Partnership
"SURETY"
DEVELOPERS INSURANCE COMPANY
(a"'4 P;,
BY:
Micha 1 J. H nsel Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
W40
U �
insc
Rblco
�OUGD
BOND NO:
192766S
INITIAL PREMIUM: $283.00
SUBJECT TO RENEWAL.
OFF SITE RETENTION BASIN BOND
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , 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 La Quinta
as Obligee, in the sum of Thirty Five Thousand Four Hundred and 00/100 * * * * * *
(S 35 , 400.00 ) 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. ,
23935-6
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
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
Upland
California, this 26 th day of July 119 5 .
"PRINCIPAL" "SURETY"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, a
California Corporation, G.P.
By: -z9S
Car i ntr�pb, l�ssi scant Secretary
DEVELOPERS INSURANCE COMPANY
BY: � A
Mic ael J-.1plensel I Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
D1113 Rev. 2/91
Aim
BOND NO: 192766S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
OFF SITE RETENTION BASIN BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
f KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , 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 La Quinta
as Obligee, in the sum of Seventeen Thousand Seven Hundred and r_00/100 * * * * * * *
(S 17, 700.00 ) 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 1S SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
The City of La Quinta as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 23935 —6
as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
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 Upland
California, this 26 th day of July 1995
"PRINCIPAL"
'Topaz Associates, L.P., A California Limited
artners ip
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY:
Mic el ensel Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 212 (Rev. 5/92)
U lt'U�
iniFr-
ncililo
c
BOND NO:
192767S
INITIAL PREMIUM: 1, 246.00
SUBJECT TO RENEWAL.
STREET BOND
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Topaz Associates, L.P. , A California Limited Partnership , 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 La Quinta
as Obli gee, in the sum of One Hundred Fifty Five Thousand Eight Hundred and 00/ 100 * * * * *
($ 155, 800.00 ) 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. ,
23935 - 6
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
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
Upland
California, this 26 th day of July , 19 9 5
"PRINCIPAL"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, a
California Corporation, G.P.
By:'��
aintreub, Assistant Secretar
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY: ' J.P I-, d")
Mich el J./Hensel Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
DI 113 Rev. 2/91
BOND NO: 192767S
o 0 PREMIUM INCLUDED OTIN PERFORMANCE BOND.
STREET BOND
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
To az Associates, L.P. , A California Limited Partnership , as Principal,
That we, p
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 La Quinta
as Obligee, in the sum of
Seventy Seven
($ 77,900.00 ) 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 1S SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
The City of La Quinta as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 23935 6 - , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
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
Upland _ ,
California, this 26 th day of July , 19.95 .
"PRINCIPAL"
Topaz Associates, L.P., A California Limited
-Partnership
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY: �'/
Mich el J. ensel Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 112 (Rev. 5/92)
bufrL NU. 192768S
PREMIUM $50.00
MONUMENTING BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS,
Topaz Associates, L.P., A California Limited Partnership
hereinafter called SUBDIVIDER, is the developer of that certain subdivlaion
known as and WHEREAS, all monuments
have not yet been set in the positions noted in the proposed Final Su bdiviaion
Map for said subdivision,
NOW, THEREFORE, we the au bdivider as Principal, and the
Developers Insurance Company
(Legal Titie and Address of Surety)
as Surety, are held and firmly bound unto the
The City of La Quints in the sum of
Three Thousand Two Hundred and 00/100 * * * * * r(;3,200.00
),
lawful money of the United States, for the payment of which sum well and truly
to be made, we band ourselves, our heirs, executors, administrators, successors,
or assigns, or any or all or either of them, shall fail to pay any engineer or
surveyor for setting monuments in the positions noted in the proposed Final
Subdivision map for said subdivision in accordance with the provisions of
Government Code Sec. 66495 et.seq., then said Surety will pay the same in an
amour L ciuL exceeding the amount hereinabove eet forth, And A130 iil case suit
is brought upon thij Bond, will pay a reasonable attorney's 1'e0 to be awarded
and fixed by the Court, and to be taxed as costs and to be included in the
Judgement therein rendered_
IT IS HEREBY EXPRMLY STIPULATED AND AGREED that this Bond shall insure to the
benefit of any and all persons, companies,. and corporations entitled to file
claims against it.
Should the condition of this Bond be, fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force
and effect.
And the said Surety, for value received, hereby stipulatea and agrees that
no change, extension of time, alteration or addition to the terms of the
Agreement or ContrdcL, or to the work to be performed thereunder, shall in
any way arrest its obligations on the Bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms
of the Agreemcnt or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal
and Surety above named on July 26 19 95
•
"Suretylo
DEVELOPERS INSURANCE COMPANY
hY•
Mic ael J. Hensel
Attorney -in —Fact
"Principal"
Topaz Associates, L.P., A California
Limited Partnership
By: Century Homes Communities, --a
G.P.
Weintraub, Assistant Secretary