Loading...
23995-1 Inco Homes 94CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBD VISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 19 (Rq by and between Inco Homes Corporation, a Delaware torporation 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. 23995-1 (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 of the form specified in Section 66499.2 of the Subdivision Map Act and 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, 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 Subdivision Improvement Agreement - Tract 23995-1 Improvements, 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 Reauired. 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 Majeure. 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 23995-1 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. 18. General Provisions 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 23995-1 Exhibit A LIST OF IMPROVEMENTS AND SECURITY AMOUNTS Except as otherwise provided herein, Subdivider shall furnish performance security and payment security prior to City Council approval of the final map. Improvements designated as "deferred" will be constructed by others at a later date as determined by City. Security shall remain in place until such later date to guarantee Subdivider's payment for the cost of the deferred improvements. 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 Descriation Grading Domestic Water Sanitary Sewer Underground Electric Telephone Storm Drainage and Retention Basin Streets, Drives, Sidewalks, Medians Perimeter Wall & Landscaping (Incl Medians) Survey Monumentation Traffic Signal at Miles & Adams (Deferred) Reimbursement for Washington Street Improvements (Deferred) Parkland Dedication (Deferred) Totals: Performance Payment $544,500 , $272,250 - 133,336 ' 66,668 233,124 1 16,562 - 1 15,400 ' �57,700 -- 25,410>Q S -N/12,705 28,000 • 14,000, 406,088 • 203,044 166,852 ' 83,426 6, 000 - 0 25,000 • 0 50,000 • 0 24,71 - 0 $1,758,424 $826,355 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: ATTEST: CRIMerk SUBDIVIDER: Inco Homes Corporation - 11'� By: M� Q - Tom Genovese City Manager ADDRESS: FREDERICK W. FARR 250 F Rincon Title: LAND DEVELOPMENT MANAGER Suite 201 By: Corona, CA 91719 Title: Approved as to Form: Reviewed and Approve Date 8 Date Subdivision Improvement Agreement - Tract 23995-1 STATE OF CALIFORNIA 1 ss. COUNTY OF Riverside ) On July 21, 1994 , before me, Deborah E. McDonald, Notary Public Name, Title, e.g., "Jane Doe, Notary Public - personally appeared Frederick W. Farr ® personally known to me -- OR -- .N• , DEBORAH E. MCNIM 1 CQ^v1M. #995826 i;G7�;6=. PUBLIC • CAUFORNIA ;F N --tRNARDINO COUNTY Comm. Expires May 27, 1997 Name(s) of Signer(s) pmve❑ WITthe personN whose nameW is/* subscribed to the within instrument and acknowledged to me that he/s)e/t 0 executed the same in his/F*r/t"r authorized capacity(i�s), and that by his/t r/t"r signature(A on the instrument the person(p, or the entity upon behalf of which the personal acted, executed the instrument. Witness my hand and official seal. Signature of Notary OPTIONAL Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: ❑ Individual ❑ Corporate Officer: Title(s) ❑ Partner(s) : ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other than Named Above RIDER BOND NUMBER DATE OF NOTICE BOND NUMBER TYPE OF BOND 08-25-95 161482S SUBDIVISION IMPROV. GRADING Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. 0 B CITY OF LA QUINTA I P 0 BOX 1504 E LA QUINTA E CA 92253 Ift V:a•D AUG 2 81995 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 7-20-94 INCO HOMES CORPORATION A DELAWARE CORPORATION and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ: $54,450.00 P R 0 D U ANDERSON AND ANDERSON E INSURANCE BROKERS INC R PO BOX 19594 IRVINE CA 92713 Ir�15Cl1CO OBLIGEE COPY (�3OMG� Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 25 day of By -1 t '-4nA Attorney -in -Fat MARY I AUGUST 1995 I vml]© Ir'15C�IC0 � GG30NJG� STATE OF CWFORNIA ) as. COUNTY OF ORANGE ) On July 15.1994. before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) Were subscribed to the within instrument and acknowledged to me that he/she" executed the same In hisAw/their authorized capacky(ies), and that by hisArerAhsir signature(t) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C. V. BRINK COMM.01036712 0 -ys NOTARY PUBLIC - CALIFORN[A SignatureIjAi�e� 4 ORANGE COUNTY ry Public .. *Comm. Exp. Aug. 21, t g98 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, am In force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 25 day of AUGUST ,199 5 INDEMN COMPANY OF CALIFORNIA ANY C� PO Rq� 0 BI► CT. 5 � A L. . Fiebiger y 1967 Senor Vice President ID-310 REV. 6195 �y q( IFOAN�Pa2 DEVEL RS INSURANCE COMPANY 9tNSUR'�N Q�Q'DA O q c,n BY — MAR. 27 0 Uj L. C. Fiebiger -7 1979 Senior Vim President O q IF RIDER BOND NUMBER DATE OF NOTICE BOND NUMBER TYPE OF BOND 08-25-95 161483S SUBDIVISION IMPROV. WATER Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below.RE— C,-;+, AUG 2 81995 0 A a BA"'CE L CITY OF LA QUINTA DE I P 0 BOX 1504 G LA QUINTA CA 92253 E E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 7-20-94 INCO HOMES CORPORATION A DELAWARE CORPORATION and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ: $13,334.00 P R 0 D U ANDERSON AND ANDERSON C INSURANCE BROKERS INC E PO BOX 19594 R IRVINE CA 92713 ° OBLIGEE COPY inscc��co (�G30Mp STATE OF CALIFORNIA ) as. COUNTY OF ORANGE ) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this day of 25 AUGUST 1995 ByAttorney-in-act]Q MARY J. TH insc��co �� C�G30Mp On July 15,1994, before me, the undersigned, a Notary Public to and for said State, personally appeared Dante F. Vinoenti, Jr. and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory eviderae) to be the person(s) whose names) blare subscribed to the within instrument and acknowledged to me that ha%he/they executed the same in his/her/their authorized capacky(iss), and that by hieftw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ailed, acec uted the instrument. WITNESS my hand and official seal. C. V. BRINK . ii COMM.01036712 n •ys NOTARY PUBLIC - CALIFORNIA R Signature v ORANGE COUNTY 'Notary Public *Comm. Exp. Aug. 21.1998 CERTIFICATE The undersigned, as Senior vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Caliromis, this 25 day of AUGUST ,199 5 INDEMN COMPANY OF CALIFORNIA GOMp 0 YOB REVEL S INSURANCE COMPANY a ? OCT. 5 o T BY • L. . Fiebiger y 1967 y L. C. Fiebiger Senior Vice President Senior Vice President ID-310 REV. 6/95 6\NSUR�ti otc, �aPP 4 — MAR. 27 C Uj 1979 yo q IF �� c co BOND NO: 161483S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Domestic Water KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 SIXTY SIX THOUSAND SIX HUNDRED SIXTY EIGHT AND NO/ 100 ------------------ (s 66, 668.00******* ) 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. 23995-1 , 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 Irvine California, this 20th "PRINCIPAL" day of July , 1994 "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY BY: Victoria M. Campbell Attorney -in -Fact XV,ftp)t)rg)xxxxx 17780 Fitch XA=0*Mtxx Irvine, CA 92714 4it'xxxxxx 714-263-3300 FORM DI 112 (Rev. 10/90) lilco BOND NO: 161482S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Grading KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 TWO HUNDRED SEVENTY TWO THOUSAND TWO HUNDRED FIFTY AND NO/ 100---------- ($ 272 , 250.00****** ) 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. 23995-1 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 Irvine California, this 20th day of Jul "PRINCIPAL" "SURETY" 1994 INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY --`� BY: pip ��M Ca pnji)o Victoria M. Campbell ttorney-in-Fact 17780 Fitch Irvine, CA 92714 *1tyxxxxx 714-263-3300 cno• ni io,.., ninn BOND NUMBER DATE OF NOTICE BOND NUMBER TYPE OF BOND 08-25-95 161484S SUBDIVISION IMPROV. SEWER Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. 0 B CITY OF LA QUINTA L P 0 BOX 1504 G LA QUINTA E CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 7-20-94 This Rider is on behalf of INCO HOMES CORPORATION, A DELAWARE CORPORATION and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ: $23,312.00 P R 0 U ANDERSON AND ANDERSON C INSURANCE BROKERS INC E PO BOX 19594 R IRVINE CA 92713 inScra�Cp OBLIGEE COPY � C�G3OMp STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this day of 25 AUGUST 1995 ByAttorney-in-Fact I�iE�RY IAS �nsc�ico c�cao�p On July 15,1994, before me, the undersigned, a Notary Public in and for said Slats, personally appeared Dante F. Vinoend, Jr. and Waiter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) blare subscribed to the within instrument and acknowledged to me that he/a mohey executed the some in h1aftwltheir authorized capacity(ies), and that by hislheNthek signatures) on the instrument the person(s), or the entity upon behalf of which the executed the instrument. Pe (s) �� WITNESS my hand and official seal C. V. BRINK COMM. $1036712 o -yl; NOTARY PUBLIC - CAL FOFNIA N Signature ORANGE COUNTY choi�ry Public ,. *Comm. Exp. Aug. 21,1994 CERTIFICATE The undersigned, as Senior vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains to full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 25day of AUGUST 199 5 INDEMN COMPANY OF CALIFORNIA ON,PAN Y p�, PO O L. Z = OCT. 5 9er 2 Senior Vice President t 967 \ ID-310 REV. 6195 oy /F NP-� DEVEL S INSURANCE COMPANY QS���SUR'¢N�, n BY • _5 — MAR. 27 0 L. C. Fiebiger Z - y 1979 Senior Vice President O q IF �r * �Roup BOND NO: 161484S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Sanitary Sewer KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta as Obligee, in the sum of ONE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED SIXTY TWO AND NO/ 100--------- ($ 116, 562.00******* ) 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 City of La Quinta as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No by the Government Code of California. 23995-1 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 Suretv. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at California, this 20th day of July "PRINCIPAL." INCO HOMES CORPORATION, A DELAWARE CORPORATION -k Irvine 19 94 "SURETY" DEVELOPERS INSURANCE COMPANY BY: Victoria M. Campbell ttorney-in-Fact X3a&16':9X*Ykxxxx 17780 Fitch ARftWJMA&Ax%2WAxx Irvine, CA 92714 i(R*)i*'kkxxxxxx 714-263-3300 FORM DI 112 (Rev. 10/90) RIDER BOND NUMBER DATE OF NOTICE BOND NUMBER TYPE OF BOND 08-25-95 161485S SUBDIVISION IMPROV. UNDERGROUND ELECTRIC Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. B CITY OF LA QUINTA AUG 2 81995 1 P 0 BOX 1504 E LA QUINTA CA 92253 -I���, VICE DEPT E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 7-20-94 INCO HOMES CORPORATION, A DELAWARE CORPORATION and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ: $11,540.00 P O D U ANDERSON AND ANDERSON INSURANCE BROKERS INC E PO BOX 19594 IRVINE CA 92713 1° OBLIGEE COPY In-r�ICO C�G30Mp STATE OF CAUFORNIA ) ss. COUNTY OF ORANGE ) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this day of 25 AUGUST 1995 B7 yAttorney-in-Fact �Q insq%jr MARY I THOMAR -soup On July 15,1904, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) Were subscribed to the within instrument and acknowledged to me that hersheJthey executed the same In hksAwfi eir authorized capecity(ies), and that by hislhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. z WITNESS rry hand and official seal. C. V. BRINK j lip comet. #1036712 0 •ys NOTARY PUBLIC - CALIFORNIA vim, Signature ORANGE COUNTY ary Public ,. *Comm. Exp. Aug. 21,19H CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califomia, this 25 day of AUGUST 199 5 ZCOMPANY OF CALIFORNIAANYpO0,.5 . . Fiebiger y 1967 a Senior Vice President W10 REV. 6195 �� gCIFpAa�Pa2 DINSURANCE COMPANY BY;• L. C. Fiebiger Senior Yoe President �QsoNP DR��°F Q n o — MAR. 27 0 U► 1979 3D Pico (�G30MC� BOND NO: 161485S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Underground Electric KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 FIFTY SEVEN THOUSAND SEVEN HUNDRED AND NO/ 100--------------------------- ($ 57, 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 City of La Quinta as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No, by the Government Code of California. , 23995-1 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 California, this 20th "PRINCIPAL" Irvine day of July 1 19 94 "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY BY: Victoria M. Campbell Attorney -in -Fact -2:H:M i XA%sxxxxx 17780 Fitch AL CARD&kxx Irvine, CA 92714 ��RRxxxxxxx 714-263-3300 FORM DI 112 (Rev. 10/90) RIDER C BOND NUMBER DATE OF NOTICE BOND NUMBER TYPE OF BOND 08-25-95 161487S SUBDIVISION IMPROV. STORM DRAINS Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. AUG 2 9 W5 B CITY OF LA QUINTA P 0 BO 1504 INA G LA QUINTA CA 92253 E E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 7-20-94 INCO HOMES CORPORATION, A DELAWARE CORPORATION and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ: $7,000.00 R 0 D U ANDERSON AND ANDERSON C INSURANCE BROKERS INC R PO BOX 19594 IRVINE CA 92713 1n=r- p OBLIGEE COPY c�cao�p Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this day of 25 AUGUST 1995 ByAttorney-in-Fact MARY I MAS '_qb= 1C o STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On July 15,1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vinoenti, Jr. and Walter A. Crowell, personally known to me (or pro o ad to me on the basis of satisfactory evideroe) to be the person(s) whose names) in/are subscribed to the within instrument and acknowledged to me that helsto/they executed the same in his/herltheir authorized capacky(ies), and that by hi 4wffiWr signature(s) on the instrument the person(s), or the entity upon behalf of which the executed the instrument. person(s) (e) acted, my hand and official seal. C. V. BRINK COMM. #1036712 n NOTARY PUBLIC - CALIFORNIA N Signature ' ,, ORANGE COUNTY ry Public ,. My Comm. Exp. Aug. 21,1998 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, this 2 �ay of AUGU S T , 199 5 INDEMN COMPANY OF CALIFORNIA ON'PANYp� � ��20 P Oqq o9r L. . Fiebiger — OCT. 5 0 y 1967 Senior Vice President ID-310 REV. 6/95 oy q/,FO���Pa2 DEVEL RS INSURANCE COMPANY S F O \NSUR,¢�, �Q D� aO� BY — MAR. 27 O L. C. Fiebiger �: 1979 `3: Senior Vice President `yp q IF BOND NO 161487S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Storm Drainage and Retention Basin KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation 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 Citv of La Quinta as Obligee, in the sum of FOURTEEN THOUSAND AND NO/ 100-------------------------------------------- 14 000.00******* ($ � )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 by the Government Code of California. 23995-1 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 Irvine California, this 20th "PRINCIPAL" day of July 19 94 "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY - A--mikv- 0. BY: Ut fiu in--M , a Aii) 0 Victoria M. ampbell Attorney -in -Fact 30W)M19hi=xATXxxx 17780 Fitch YAnaMm�&M93Mx Irvine, CA 92714 )(9t*)C41kxxxxx 714-263-3300 FORM DI 112 (Rev. 10/90) I 1 ■ BOND NUMBER DATE OF NOTICE BOND NUMBER TYPE OF BOND 08-25-95 161488S SUBDIVISION IMPROV. STREETS Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. 0 B CITY OF LA QUINTA j P 0 BOX 1504 G LA QUINTA E CA 92253 AUo28� "as. 95 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 7-20-94 INCO HOMES CORPORATION, A DELAWARE CORPORATION and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ: $81,218.00 P R 0 D U ANDERSON AND ANDERSON C INSURANCE BROKERS INC R PO BOX 19594 IRVINE CA 92713 ITMQ OBLIGEE COPY in1co � �MG� STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this day of 25 AUGUST 1995 gyAttorney-in-Fact 4Gtl© MARY J. T S insqqbico o�p ■ On July 15,1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Dante F. Vincenti, Jr. and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in InhOw their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the u behalf of which the erected the instrument. �Y P� person(a) aided, WITNESS my hand and official seal. C. V. BRINK ++ COMM. *1036714 n NOTARY PUBLIC - CAUFORNIA Iwo S Signature ORCOUNTY ry Public i-os,. My Comm. Exp. Aug. 21,1998 CERTIFICATE The undersigned, as Senior vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. provisions of the resolutions of the respective This Certificate is executed in the City of Irvine, California, this 2 5 day of AUGUST 199 5 INDEMef TqF COMPANY OF CALIFORNIA PAN y0� DEVEL S INSURANCE COMPANY �O O P 0 iebiger � ? OCT. 5 r�90 BY • L. C. Fie ' r Senior vice President ,,, 1967 Senior Vice President 13-310 REV. 6195 oy q/ /Fp�N�P-�? S�NS�R'�N � — MAR. 27 O w 1979 7`y0 q lF �•�' Pico C�G�OMp BOND NO: 161488S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Streets, Drives, Sidewalks, Medians KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 TWO HUNDRED THREE THOUSAND FORTY FOUR AND NO/ 100 ----------------------- (s 203, 044.00****** ) 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. 23995-1 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 California, this 20th "PRINCIPAL" day of Jul Irvine "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY 19 94 BY: Mv A Sy I __Ulinryl ictoria M. Campbell ttorney-in-Fact *MAAAxxAxuxxxxx 17780 Fitch A=ai=imxQxx Irvine, CA 92714 0NA*-, 9g424:Wixxxxxxx 714-263-3300 FORM DI 112 (Rev. 10/90) e ins C�qbl 0 C�QOMGD BOND NO: 161489S INITIAL PREMIUM: $1 , 335.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Perimeter Wall & Landscaping (including Medians) KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta as Obligee, in the sum of ONE HUNDRED SIXTY SIX THOUSAND EIGHT HUNDRED FIFTY TWO AND NO/ 100------ ($ 166 , 852 . 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. 23995-1, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at California, this 20th "PRINCIPAL" day of July Irvine "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY , 19 94 BY:f ja 111 rV1A ictoria M. Campbell Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 BOND NO: 161489S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Perimeter Wall & Landsca ing KNOW ALL MEN BY THESE PRESENTS: (including Medians That we, Inco Homes Corporation, A Delaware Corporation , 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 Citv of La Quinta as Obligee, in the sum of EIGHTY THREE THOUSAND FOUR HUNDRED TWENTY SIX AND NO/ 100-------------- ($ 83 , 426.00********) 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. 23995-1 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 California, this 20th day of Jul Irvine "PRINCIPAL" "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY 1�.1,�V� �,� . -���✓vim FORM DI 112 (Rev. 10/90) , 19 94 BY:�)Ldtfl Victoria M. Campbel At orney-in-Fact A313xkimxxxxxx 17780 Fitch �i=h8flixxxx Irvine , CA 92714 4Rk#K99Wk46kkxxxxxxxx 714-263-3300 U LT'U� SC( �co �G30MG� BOND NO: 161490S INITIAL PREMIUM: $50.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Survey Monumentation KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 SIX THOUSAND AND NO/ 100------------------------------------------------ (S 6.000.00******** ) 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 tiling of the final subdivision map of (Tracts Parcel) Map No.23995-1 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 Irvine California, this 20th "PRINCIPAL" day of July -SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY 01113 Rev. 2/91 ,1994 BY: CamAA)o Victoria M. Campbell Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 �Q inscq ico BOND NO: 161491 S INITIAL PREMIUM: $200.00 SUBJECT TO RENEWAL. SUBDIVISION V"ROVEMENTS PERFORMANCE BOND Traffic Signal at Miles & Adams (Deferred) KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation __ , 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 :n !,he State of California as Surety, are held and firmly bound unto City of La Quinta as Obligee in the sum of TWENTY FIVE THOUSAND AND NO/100-----------------------=--------------- (5 25, 000.00******** ) Dollars, for which payment, weil and ::uly 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 :::e filing of :.^e Final subdivision map of (Tract Parcel) Map No 23995-1 entered into an agreement or agr=-ments 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 :erm 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 Irvine California, this 20th day of "PRINCIPAL" July INCO HOMES CORPORATION, A DELAWARE CORPORATION A4,aut- tj , Am,— - . 19 94 "SURETY" DEVELOPERS INSURANCE COMPANY BY:lp L Victoria M. Campbell ttorney-i n- Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 01 113 Rev. 2/91 �Q lnsrmco is BOND NO: 161492S INITIAL PREMIUM: $400.00 SUBJECT TO RENEWAL SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Reimbursement for Washington Street Improvements (Deferred) KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 FIFTY THOUSAND AND NOI100---------------------------`----------------- (S 50, 000.00********P 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 tiling of the final subdivision map of (Tracti Parcel) Map No.239_: 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 Irvine California, this 20th "PRINCIPAL" day of July . 19 94 . -SURETY" TNCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY BY: &i�l y Victoria M. Campbell Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 l THE GROUP BOND NO: 161493S INITIAL PREMIUM: $198.00 , SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Parkland Dedication (Deferred) KNOW ALL MEN BY THESE PRESENTS: That we, Inco Homes Corporation, A Delaware Corporation , 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 FOUR THOUSAND SEVEN HUNDRED FOURTEEN AND NO/ 100----------------- (S 24, 714.00******* ) 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.23995-1 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 Irvine California, this 20th day of July . 19 94 "PRINCIPAL" "SURETY" INCO HOMES CORPORATION, A DELAWARE CORPORATION DEVELOPERS INSURANCE COMPANY BY: )�4ftj"ICL %-- -a. dj- Victoria M. Campbell _ Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 01113 Rev. 2/91 OUTSTANDING BOND REPORT Name: Inco Homes Corporation, a Delaware Corporation Tract No. 23995-1 Date of Contract: August 2, 1994 Required Bond Amounts: $1,758,424 - Performance $ 826,355 - Payment Dates of Bond Reductions: Performance reductions on May 16, 1995 - (some not replaced) Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $544,500 - 161482S Replaced on 5/16/95 $272,250 - 161482S $133,336 - 161483S Replaced on 5/16/95 $ 66,668 - 161483S $233,124 - 161484S Replaced on 5/16/95 $116,562 - 161484S $115,400 - 161485S Replaced on 5/16/95 $ 57,700 - 161485S $ 28,000 - 161487S Replaced on 5/16/95 $ 14,000 - 161487S $406,088 - 161488S Replaced on 5/16/95 $ 203,044 - 161488S $166,852 - 161489S $ 83,426 - 161489S $ 6,000 - 161490S $ 25,000- 161491 S $ 50,000 " 161492S $ 24,714 -- 161493S $ 25,410 161486S Released 5/16/95 $ 12,705 161486S Released 5/16/95 $ 54,450 161482S $ 13,334 161483S $ 23,312 161484S $ 11,540 161485S $ 7,000 161487S $ 81,218 161488S F