1999 - 23995-6 Century Crowell Communities - SIACITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 23995-6
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this
25th day of F _br jary 119 99 ,
by and between Century Crowell Communities , a California Limited Partnership hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to
as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of
Quinta, County of Riverside, which unit of land is known as Tract No. 23995-6 (the "Tract") pursuant to
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
improvements (the "Improvements").
C. The 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 th
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. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, an
other improvements required to be constructed or agreed to be constructed under this Agreement as listed i
Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and schedulin
of construction shall be as approved by the City Engineer.
3. Improvement Security.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security,'
shall assure the faithful performance of this Agreement including construction of the Improvements, payment o-
Subdivider's fair share of Improvements, which have been or will be constructed by others ("Participator)
Improvements"), and payment of plan check and permit fees. A second class of security to be provided b)
Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipmen-
and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider
hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for
period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish
performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shal
provide warranty security after Improvements are complete and accepted by the City Council and prior to o
concurrently with the final release of performance security. Warranty security shall not be required fo
Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security fo
performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and warrant
security, and in addition to the face amount of each such security, each such security shall include and assure th
payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City i
successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
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1 of 6
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code,
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment
reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurers office).
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements
of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements 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 City. Letters of credit shall guarantee that all or any portion of the funds available
pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not
present documentation of any type as a condition of payment, including proof of loss. The duration of any such
letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is
provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City
authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to
allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest tc
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parce
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings anc
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments anc
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues
and profits thereof. The collateral value of the property shall be established at Subdivider's expense through ar
appraisal approved by City.
6) An instrument of credit.from an agency of the state, federal or local government, when ar
agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for th
Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kin(
approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the
California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of th
performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing th
Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a dul
authorized representative of the City Engineer. The amount of Payment security shall equal the amount of th
amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separat
security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except a
otherwise set forth in Exhibit A.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the
form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver o.
parcel map) rather than to individual security instruments. The fees shall be paid separately for each different fora
and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shal
not be required for submittal of warranty security if the warranty security is of the same form and from the same
source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4
of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution
the administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City wil
prepare lien agreements and subordination agreements, administer valuation of the real property and administe
the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shal
pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvement:
secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
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3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements
shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid
by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall
guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements.
Payment security and warranty security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security
guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the
written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and
Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including
non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated
in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days
written notice by registered or certified mail, return receipt requested.
G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%,
of the total performance security provided for the faithful performance of the act or work. In no event shall security
be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ter
Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for an)
improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall l:
released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If Ci
receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after fina
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one -yea
warranty period, there are one or more outstanding requests by City for performance of work or provision o-
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits requires
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with al
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires c
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best effort
purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its be:
efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt t
acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on beha
of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptabl
to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fift
Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advanc
shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid b
Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure c
Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation t
construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
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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 or as set forth in Exhibit
A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods
shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default
of this agreement, to revise improvement security requirements as necessary to ensure completion of the
improvements, and/or to require modifications in the standards or sequencing of the Improvements in response
to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by sL
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 tim
for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or den
the request or conditionally approve the extension with additions or revisions to the terms and conditions of thi
Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to thos(
required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficien
to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension
and to provide warranty security on completed Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place sun
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the
Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have be
set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersect
monument tie -outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall bE
accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from othe
agencies having jurisdiction over and approval authority for improvements required by this Agreement or the
Conditions of Approval, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the require(
documentation and will inspect the Improvements. If the .Improvements are determined to be in accordance witr
applicable City standards and specifications, and as provided herein, obligations required by the Conditions o
Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required it
Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the 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 actua
Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shal
be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing, the marking shall be stampec
by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California
and the plans shall be resubmitted to the City Engineer.
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1
year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective wor
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 Secti
3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provi
a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payme
security released.
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has no
been performed within sixty (60) days after written notice of default from City, then City may perform the obligation
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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
herein under, 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 Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with
or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated
herein by reference, the provisions in the 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,
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 ser
by registered or certified mail, return receipt requested, to the parties at their respective addresses indicate
hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and ser
postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either part
may change its address for notices hereunder by notice to the other given in the manner provided in thi
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
Thomas P. Genovese, City Manager
ATTE�
Pit Clerk
SUBDIVIDER:
By: � � ZJ�
Title: aey Weintraub, Assistant Secretary
By:
Title: Tony P. U
mia, Assistant Secretary
Reviewed and Approved:
G
City Engineer
Approved as to Form: &Ame•Wei
City Attorney
Date
Date
Date
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Century Crowell Communities,
California Limited Partnership
By: Century Homes Communifi
a California Corporation, its Gene
Partner
(909)381-6007
February 25, 1999
February 25, 1999
13 //// r ?I
Date
3111/4 i
Date
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Exhibit A
SECURITY - TRACT
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security
prior to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participator)
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or release(
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the trac
and shall not reduce total performance security below the amount necessary to complete the Improvements plu:
ten percent (10%) of the original amount. Partial releases of performance security 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 amoun
of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are com
and accepted by the City Council.
Improvement Description Performance Labor & Materials
Grading $63,750 $63,750
Streets & Storm Drainage 284,385 284,385
Domestic Water 83,638 83,638
Sanitary Sewer 56,096 56,096
Electrical 63,725 $63,725
Monumentation 5.500 0
Totals: $557,094 $551,594
Bond NoQ$04317..
Premium: $765.00
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 2x203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, Century...Crowe]1__C=uni-ties. L--td-•------------------------------------------------------------------------------------ and
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated ....... Febr_u2ry-25........................... . 19�9.........
and identified as project ... Tract -No:- ... 3995-6
Grading
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are
held and firmly bound unto City_._Df__La__Quint8_------------------ hereinafter called_0blieee--______--_---__________--__________---- ,
in the penal sum of Sixty--Three--Thousand_-Seven-_
----------------------------------------------------------------------------------------------------------------•--•--.......----......................
-- Dollars ($63 75II.-011 )
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in aII respects according to their true intent
and meaning, and shall indemnify and save harmless0b.Ugpe__.... its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by-Obligae ..............................
in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
-------- ------------------------ 1939.... Century Crowell Communities, Ltd.
By: Century Homes Communities, Inc.
-It s---Gener-al.Par_tner----- ----- ----------
By:
..------ •-- -- --- �A�S-i"�;t�ant-)Secre G y ntratary
FIDELIT D V OSIT C 1VIPA 0 ARYLAND
By: Yf---------- --------------- .................
-Lie L. Sandlin, Attorney in Fact
C 2265(CA) -1 M, 1-82 214609 /
Bond No.00.84318_
Fidelityand Deposit Co'mpari�00`�"�
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, ----Century__Crowell-Corrr=ities,-_LTD................................................................................... and
----------------------------------....... -- ---------------- ------------ ------------- ------------------- --....... --------------------------------------- -------------------------------•----
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated _ ftbru4ry___25 a___ .,..
and identified as project............'ract---No..--23995-6--------------------------------------------------------------------------------------------------------
-----------------------------------------------------Streets.- and--Storm-_Drainage---------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are
held and firmly bound unto .The __C t-v--Qf_-La.-QUInta......_ hereinafter called -ab.11g -Q-----------------------------
in the penal sum of 'I'1nTn__Hundred__aghty__EDur'_._ThDusand_.Th2�ea._HundreL1__Forty__FiVe__,and_.No/1-0-Oths .
—--- --------- .^---- --------- --
-----------------------------------------------------------------------------------------------------------------------------------------------•--•---- Dollars ( 4,385-•-oa)
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless Obl-igee..., its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by .Obilgee ...... .------- ___..____-___-_
in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be erformed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
----------------- -
March 12 _-_ ____ , I9 ---- 9q Century Crowell Communities,nities, Ltd.
By: Century Homes Communities, Inc.
Its General Part.-ner
By: - -
G rI•traul3, AAS� stant Secretary
FIDELITY EIEPOSLT COWA NY (W-FA ARYT A Nn
By:
C 2265(CA)—IM, 1.82 214609
L. Sandlin, Attorney in Fact
Bond No.o84319....
remium: $673.00
Fidelity and Deposit are om
p Y
HOME OFFICE OF MARYLAND BALTIMORE, MD. 2I203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, Century ---Crowe-ll--- Cgmun=ea,..-L- td-------------------------------------------------------------------------------------- and
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated ------- F+-'ebruary..25-.......................... - 19.9..4---...,
andidentified as project -------------------------- Txaet--No...--2-399.5-6-.........................................................................................
_Sani�ary+.Sewer
is hereby referred to and made a part hereof; and '
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are
held and firmly bound unto Th-Q_-City__gf_ La__QiAinta hereinafter called Obligee
-.......... _...-_-....
in the penal sum of ------------ Fifty-_S X--Thousand and No/100ths---------------------
-------------------------------------------------------------------------------
-------------------------------------•----------------------------------------------------•-----•----------------------- - ._ ..- Dollars ($
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and welt and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,
to be kepi and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmlessQ.].Jigee....... its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by ... bligee---------------
in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
Maxch--1-,___________________________ 19_�9__-.. Century Crowell Communities, Ltd.
By: Century Homes Communities, Inc.
By:
ub s-si-stan t Secretary
T P "F MARYLAND
C 2265(CA)-1M, 1-82 214W9 /Lyle L . Sandlin, Attorney in Fact
Bond NoQ.808.4320__
Premium: $1004.00
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 2I203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, ---Century. Cr�w�].l __Cott uni ies� litel,--------------------------------------------------------------------------------- and
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated FQbx'fl.U'Y.. 25.._______________________________ _ 1999........
and identified as project -------- ry,Qt--- No..._23S.95-6----------- _.__-------------- ------------ m.......... .....:..:.---- ----- ---------- --------------
Domestic Water-
-----------------------------------------------------------------------------------------------------------------------------------------------------
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are
held and firmly bound untoU!Q --- City-_Qf ..La-_ZLIiIata_........ hereinafter called__Ob-ligQe________________________________________ _
in the penal sum of __Eiglity._Three--- ThQus_and__Six_Hundr�e-d.Thirty._Eight__and_No/1D.Qths_------__
-•--•------------•----------------•........;---••----..._......-•--•---•__----.....-------.-------.._..------------•--- Dollars ($ 8_3,-638 A_ )
lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and w... and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on hi s or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless . Qbl19ee__, its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by - ai]lgE------- -_..... m — —
in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no Change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
-------- March__1-,.................. 1999_____- Century Crowell Communities, Ltd.
By: Century Homes Communities, Inc.
Sts_.C�nes�al__Partner __.._----_----------.
BY -�
ntrau,, Axis an Secretary
FIDELITY D ?Sandlitn,
MP NY.OF MARYLAND
BY.----- --------------•--
C2265(CA)-1M, 182 214609 le L. Attorney in Fact
Bond NdQ-8084321...
Premium: $765.00
Y
Fidelit and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, . Century-- Ltd-------------------------------------------------------------------------------------- and
--------------------------- ---------------------- -------- --------------------------------.------------------------------------------- ------------------------------------------------------
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated .... February--25 .............................. . 19.9.9--____-
and identified as project ............ ract... O,---23995-6--------------------------------------------------------------------------------------------
Electrical
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are
held and firmly bound untoM-_�ity___of__La__Qunita......... hereinafter called _Oblige2----------------------------------------
in the penal sum of _Sixty___Three- Thousand Seven Hundred Twenty Five and�No/100.----------
w_—m---------------------- — Dollars (863,725_._00---------------------------------------------------------------------------------------------------------------------------
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless _Ob1a.ggee..., its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by_SOhLIgee- ..............................
in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
March l� 19 99__ Century Crowell Communities, Ltd.
By: Century Homes Communities, Inc.
Its _ General Partner__
C 2265(CA)-1M, 1-82 214609
By........ G ------ --------
Ga e ntraub, AssIstant Secretary
:LITY ,$EPQW-(70MP,kNY OF MARYLAND
�..---- ------------------------.
,,1yle L. Sandlin, Attorney in Fact