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23935-Final Topaz 95CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROUPMENT AGREEMENT (the "Agreement") is made and entered into this +--,`' day of � ern, , 19 96 , 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." 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 (Final) (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 recordation 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 (Final) 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 (Final) Page 2 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 We raub Title: Assistant Secretary Reviewed and Approved: Approved as to Form: 12 Tom Genovese City Manager ADDRESS: 1535 South "D" Street, Ste.200 San Bernardino, CA 92408 is ZZ /ffj� City Engine Da e 4"",C` , "/" 4 City Attorney Date Subdivision Improvement Agreement - Tract 23935 (Final) Page 4 of 4 Exhibit A LIST OF IMPROVEMENTS AND SECURITY AMOUNTS - TRACT 23935 (Final) 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 Grading: Performance $88,800 Labor & Materials $44,400 Domestic Water: 41,800 20,900 Sanitary Sewer: 35,200 17,600 Underground Electric: 37,000 18,500 Off -site Retention Basin: ' 39,000 19,500 On -site Streets: 114,800 57,400 Wall, Lndscpg & Sidewalk at 23935-6, 23935 (Final) 114,000 57,000 Site Restoration @ Model Complex: 10,600 5,300 Survey Monumentation 35.200 - 0 Totals: $ 516,400 $240, 600 This amount represents the pro rata share of this tract's 32 lots of the total 315 lots proposed to drain into a $384,000 shared basin to be constructed on Tract 25363. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Cal i forn i a County of San Bernardino On July 28, 1995 DATE personally appeared before me, Doris A. Benoit, Notary Public Gary Weintraub ** NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" NAMES) OF SIGNER(S) ® personally known to me - OR Rrowspel - to be the person(-&) whose name(OQ�iqafe- subscribed to the within instrument and ac- knowledged to me tha he executed the same in his authorized capacity(+e&), and that by is .� DORIS A. BENOIT signature(s) on the instrument the person(s}, cn Comm. No. 997106 X or the entity upon behalf of which the M NOTARY PUBLIC - CALIFORNM (5 SAN BERNARDINO COUNTY person( acted, executed the instrument. My Comm. Exp. June 13, 1997 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 I9 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) Ceitury 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 • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 �Lrz.l� insc q!ilco C�G�OMG� BOND NO: 192769S INITIAL PREMIUM: $710.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND GRADING BOND KNOW ALL MEN BY THESE PRESENTS: That we, Topaz Associates, L.P. , A California Limited Partnership , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta as Obliggee, in the sum of Eighty Eight Thousand Eight Hundred and 00/ 100 * * * * * ($ 88, 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 (Final) 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 Upland , California, this 26th day of July , 19 __ . "PRINCIPAL" Topaz Associates, L.P., A California Limited rartnersnip By: Century Homes Communities, a California Corporation, G.P. By*ar - eo Pi:ntraub, Assistant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY n BY: Mi ael Hensel Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 BOND NO: 192769S � �Q��p PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR ANNDIMAB ER IAL BOND GRADKNOW ALL MEN BY THESE PRESENTS: Topaz Associates, L.P. , A California Limited Partnership , as Principal, That we, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the tate 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 Quinta as Obliggee in the sum of Forty Four Thousand Four Hundred and 00/ 100 * * * * ($ 44 , 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, has entered into an agreement or agreements which are made a part of this bond, with the Citv of La Quinta as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No. 23935 (Final) , 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 JulV 119 —9-a_ . "PRINCIPAL" Topaz Associates, L.P., A California Limited Partnership "SURETY" DEVELOPERS INSURANCE COMPANY BY: Mich el J. ALIJensel Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) THE PG(v--;, ROUP BOND NO: 192770S INITIAL PREMIUM: $334.00 SUBJECT TO RENEWAL. DOMESTIC WATER 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 One Thousand Eight Hundred and 00/100 * * * * (S 41, 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 (Final) 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" Topaz Associates, L.P., A California Limited Partnership By: Century Homes Communities, a California Corporation, G.P. By: ?-00'9S Gar ntraub, Assistant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY BY: I � 7 V �4d Mich el J. ensel Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 BOND NO: 192770S b1co PREMIUM INCLUDED gF IN PERFORMANCE BOND. DOMESTIC WATER BOND SUBDIVISION IMPROVEMENTS IBOND LABOR AND MATE 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 businessunder 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 y, are held and firmly bound unto The City of La Quinta as Obligee, in the sum of Twenty -Thousand Nine Hundred and 0 ($ 20, 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 T , as required subdivision designated as (Tract/Parcel) Map ?�o. 23935 (Final) 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 , 26 th day of Jul , 19 �--- California, this y "PRINCIPAL" Topaz Associates, L.P., A California Limited Partnership "SURETY" DEVELOPERS INSURANCE COMPANY BY: "^' Mic ael Hensel Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 212 (Rev. 5/92) I�Tmc� in.g�q!ilco C�G�OMC� BOND NO: 192771S INITIAL PREMIUM: $282.00 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 Obliggee, in the sum of Thirty Five Thousand Two Hundred and 00 / 100 * * * * * (S 35 , 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, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No. 23935— (Final) 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" "SURETY" Topaz Associates, L.P. , A California DEVELOPERS INSURANCE COMPANY Limited Partnership By: Century Homes Communities, a`'�" California Corporation, G.P. BY: B Y �S Micha 1 J. ensel Attorney -in -Fact f y Weintraub, Assistant Secretary 17780 Fitch Irvine, California 92714 (714) 263-3300 a DI 113 Rev. 2/91 BOND NO: 192771S 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 The City of La Quinta as Obligee, in the sum of Seventeen Thousand Six Hundred and 00%100 * * * * - ($ 17 , 600.00 ) 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 (Final) , 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: '� tikJ/0 Mi hael J Hensel Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) 192772S insc=%1r.0 BOND NO: TIAL PREMIUM: $296.00 �OMp IN I , 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 Seven Thousand and 00/ 100 * * * * * (S 37 , 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 (Final) 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 HoOns Communities, a California Corporation, G.P. By• % r Weintraub Assistant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY 01 BY: Michae J. H sel Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714)263-3300 DI 113 Rev. 2/91 - -- d BOND NO: 192772S `CO PREMIUM INCLUDED o LU! [� IN PERFORMANCE BOND. UNDERGROUND ELECTRICIMPROVEMENTS LABOR AND MATERIAL ATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: , as Principal, To az Associates, L.P., A California Limited Pa rtnershider and b virtue of the laws of the State d doing business and DEVELOPERS INSUR That we, r ANCE COMPANY, a corporation organized s'intheSae of California as Surety, are held and firmly bound unto of California and duly licensed to conduct a general surety usines The (,1.Ly OI La �.,1u.... as Obligee, in the sum of——"Ei een ur heirs, executors an ($ 18, 500.00 ) Doll ars, for which payment, well and truly to be made, we bind ourselves, o successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: art of this bond, with the WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a p as Obligee for the improvements in the The City of La Quinta as required subdivision designated as (Tract/ Parcel) Map No. 2,93 5 F ina by the Government Code of California. payment to an contractor, his ake NOW THEREFORE, the condition of this obligation is such, that if the above Principolihelmtfort he mprovement required by said subcontractors, or to persons renting equipment or furnishing labor an amount notsexceeding the sum specified in this bond. agreement or agreements, the Surety on this bond will pay the same. .10 of the Government Code of executed and filed to comply with Section 66499 through and including contractorslo hei66499. subcontractors and persons renting This bond is and all California as improvement security, and shall inure hem for the improvement. Notice of extension of time for completion is waived by the equipment or furnishing labor or materials to t Surety. signature of said Principal is hereto affixed and the corporate seal and the name of the said g 1N WITNESS WHEREOF, the seal and Upland Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at California, this 26 th day of Jul "PRINCIPAL" Topaz Associates, L.P., A California Limited --Partnership "SURETY" DEVELOPERS INSURANCE COMPANY BY: —Xi ael Hensel Attorney-in-Fac 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) insc- m4blco C�CC�O�G� BOND NO: 192773S INITIAL PREMIUM: 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 Obl19, ee, in the sum of Thirty Nine Thousand and 00/ 100 * * * * * (S 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 (Final) 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. B y Weintraub, Assistant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY BY: 44 "Wl i I - Mic ael J. Ifensel Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 D1113 Rev. 2/91 RICO (�3s-go t • It • 0yj� PREMIUM INCLUDED IN PERFORMANCE BOND. OFF SITE RETENTION BASIN 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 Nineteen Thousand Five Hundred and 00/ 100 * * * * ($ 19,500.00 ) 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. 23935 (Final) , 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 Partners ip "SURETY" DEVELOPERS INSURANCE COMPANY BY: /." - Z' y �- � Mic ael J Hensel Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) lnscqo �c C�G30MC� BOND NO: 192774S INITIAL PREMIUM: $918 * 00 , SUBJECT TO RENEWAL. ON SITE 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 Obligee, in the sum of One Hundred Fourteen Thousand Eight Hundred and 00/100 * * * * (S 114, 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 (Final) 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 Comnuntties, a California Corporation, G.P. By:'r�� ary ntraub, Assistant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY BY: — "_g, 4 _T_ Micha 1 J. ilknsel Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 D1113 Rev. 2/91 BOND NO: 192774S GROUP PREMIUM INCLUDED IN PERFORMANCE BOND. ON SITE STREET BOND SUBDIVISION IMPROVEMENTS BOND LABOR AND MATERIAL KNOW ALL MEN BY THESE PRESENTS: Topaz Associates, L.P., A California Limited Partnership as Principal. That we, and DEVELO PERS INSURANCE COMPANY, a corporation organized and doing business undeSurety, by vi ue of the law of the State of California and duly licensed to conduct a general surety business in the State of California as y, are held and firmly bound unto The City of La Quinta in the sum of Fif t Seven Thousand Four Hundred and- 00 100 as Obligee,bind ourselves, our heirs, executors and ly to be made, we ($ 57,400.00 ) Dollars, for which payment, well and tru 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 as Obligee for the improvements in the The City of La Quinta subdivision designated as (Tract/ Parcel) Map No. 2 3 Final , as required by the Government Code of California. his NOW THEREFORE, the condition of this obligation is such, that if the above Principal to helmtfor1the ake improvement any requ red bycontractor, said subcontractors, or to persons renting equipment or furnishahe sameing . in an amount notor and sexceeding the sum specified in this bond. agreement or agreements, the Surety on this bond will pay Gover Code of This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the and n ent renting California as improvement security, and shall inure to the benefit of any and all contractors, xtensiontofltime for completion is waived by the subcontrequipment or furnishing labor or materials to them for the improvement Notice of e Surety. WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said IN WITLESS Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at U land California, this 26 th day of Jul , 19 �—' "PRINCIPAL" Topaz Associates, L.P., A California Limited Partnership "SURETY" DEVELOPERS INSURANCE COMPANY BY: Mic el J.insel Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) in--tairmo � C�G�30Mp BOND NO: 192885S INITIAL PREMIUM: $912.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND WALL, LANDSCAPING & SIDEWALK 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 CITY OF LA QUINTA 78-495 Calle Tampico, La Quinta, CA 92253 as Obligee, in the sum of ONE HUNDRED FOURTEEN THOUSAND AND N01100 -------------------------------- (s 114,000.00 ) 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. 23 35- , & 23935-F 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 Upland California, this 5 th "PRINCIPAL" day of TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: CENTURY HUMES COMMUNITIES, A CALIFORNIA CBRPORATION, G.P. G eintraub, Asst. Secretary SEPTEMBER "SURETY" , 1995 DEVELOPERSINSURANCE OMPANY BY: MI HAEL , . HENSE Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 inscenco C�G30Mp BOND NO: 192885S PREMIUM INCLUDED IN PERFORMANCE 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 CITY OF LA QUINTA 78-495 Calle Tampico, La Quinta, CA 92253 as Obligee, in the sum of FIFTY SEVEN THOUSAND AND NO/ 100----------------------------------------- ($ 57,000.00 ) 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, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA QUINTA as Obligee for the improvements in the subdivision designated as Tract Parcel) Map No. 23935-6 & 23935—F , 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 5 th "PRINCIPAL" day of SEPTEMBER 119 95 . TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP "SURETY" DEVELOPERS INSURANCE MPANY BY: MICHfEL J1 HENSEL, Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) �LnJ� insc -saIc0 C�G�OMp BOND NO: 192886S INITIAL PREMIUM: $85.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND SITE RESTORATIOM @ MODEL COMPLEX KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 Calle Tampico, La Quinta, CA 92253 as Obligee, in the sum of TEN THOUSAND SIX HUNDRED AND N01100 ------------------------------------ ($ 10, 600.00 ) 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 & 23935—F 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 Upland , California, this 5 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP BY: CENTURY HUMES COMMUNITIES, A CALIFORNIA CORPORATION, G.P. BY• Gary i, aub, Ass i.. Secretary SEPTEMBER "SURETY" , 19 95 DEVELOPERS INSURANCE NIPANY w BY: 4"4il� MI HAEL J. HENSE , Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 C�GE30MDE) BOND NO: 192886S PREMIUM INCLUDED IN PERFORMANCE 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 CITY OF LA QUINTA 78-495 Calle Tampico, La Quinta, CA 92253 as Obligee, in the sum of FIVE THOUSAND THREE HUNDRED AND NO -------------------------------- ($ 5 , 300.00 ) 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 CITY OF LA QUINTA as Obligee for the improvements in the subdivision designated as (Tract Parcel) Map No. by the Government Code of California. 23935-6 & 23935—F , as required 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 5 th day of SEP EMBER ,19 95 "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP "SURETY" DEVELOPERS INSURANCE COMPANY +> BY:-1,;144zi MIC EL J. ENSEL, Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) bUNU NO. 192775S PREMIUM $282.00 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 or that certain s ubdivision known as , monumets have not yet been set in the positions noted in the proposed Final Subdivision Map for said subdivision, NOW, THEREFORE, we the subdivider as Principal, and the Developers Insurance Company (Legal Title and Address of Surety) as Surety, are held and firmly bound unto the City of La Quinta in the sum of .,Th ity Five Thousand Two Hundred and 00/100 * * * * * ,i= 35.200.00 ) lawful money of the United States, for the payment of Which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, SUCCessors, or assigns, or any or all or either of them, shall fait, 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 amouc►t r►ut exceeding the amount hereinabove set forth, and A13o in case suit is brought upon this Bond, will pay a reasonable attorney's rec 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 EXPRESSLY STIPULATED AND AGREED that this bond shall insure to the benefit of any and all persons, companie',.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 stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or ContrAeL, or to the work to be performed thereunder, shall in any way afftet'its obligations on the Bond, and it does hereby waive notice of any Such change, extension of time, alteration Qr addition to the terms or the Agreement or Contract. IN WITNESS WHEREOF this Instrument has been duly executed by the Principal and Surety above named on July 26 , 19 95 "Surety" DEVELOPERS INSURANCE COMPANY fix: Michael J. Hensel Attorney -in -Fact "Principal" Topaz Associates, L.P., A California Limited Partnership By: Century_ Homes Communities,_ a 'Ca ornia orporation, G.P. G Weintraub, Assistant Secretary insc 1C0 CC�G30MG� BOND NO: 173181 S INITIAL PREMIUM: $ 160.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND DUST CONTROL 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 CITY OF LA QUINTA as Obligee, in the sum of TWENTY THOUSAND AND 00 / 100 * * * * * * * * * * * * * * * * * * * ($ 20,000.00 ) 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. , 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 UPLAND , California, this 28th "PRINCIPAL" day of TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP .By: Century Homes Communities, a California Corporation, as G.P., B ' Gar W ntraub, Assi s K ati ll- J�c� j,, ary 51 JUNE "SURETY" , 19 95 DEVELOPERS INSURANCE COMPANY BY: t M CHAEL . HENSEL Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91