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23995-7 Century Crowell 99CITY OF LA QuiN-rA SUBDIVISION IMPROVEMENT AGREEMENT TRACT 23995-7 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 24t1•i day of June , 19 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 La Quinta, County of Riverside, which unit of land is known as Tract No. 23995-7 (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 Map, Subdivider is required to install or agree to install certain public and private 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 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. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement 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 in Exhibit "A", 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. 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 of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of 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 "warranty 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. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for 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 warranty 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 City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 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 Treasurer's 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 to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel 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 and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and 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 an appraisal approved by City. 6) 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. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind 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 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. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as 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 of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall 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 will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 2 Of 6 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 Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of 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 be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City 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 final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of 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 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 requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts 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 in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said 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 of Approval. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 3I of 6 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 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 securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient 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 survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection 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 other 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 required 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, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in 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 actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," 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 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 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 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, T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 4 Of 6 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, all provisions not so held shall remain in full force and effect. 1 B. 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 hereon. 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. T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 5 �f 6 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 A Clerk SUBDIVIDER: Siena Del Rey, LLC. , a California Limited Liability Company By By Title: rlavi A Mi 1 1 oyr Reviewed and Approved:1ZV1---49 City Engineer Approved as to Form: ('��/2r 0 - - U'4" City Attorney City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 12—/6 Date By: Century Crowell Communities, a California Limited Partnership By: Century Homes Communities a California Corporation, its General Partner (909)381-6007 June 24, 1999 Date June 24, 1999 Date -7! 1Z/ Date 7l3 9 Date T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\23995-7.wpd Page 6 o1 6 Exhibit A SECURITY - TRACT 23995-7 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 Participatory 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 released 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 tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus 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 amount 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 complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets & Storm Drainage 639,079 639,079 Domestic Water 235,953 235,953 Sanitary Sewer 36,211 36,211 Electrical 48,682 48,682 Perimeter Wall & Landscaping 182,336 182,336 Monumentation 5.000 0 Totals: $1,147,261 $1,142,261 CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On June 24, 1999 before me, Doris A. Benoit, Notary Public ,personally appeared Gary Weintraub and David Miller , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Z a, ZL�) Q2 cl�l Signature of Notary Public ****************************** * DORIS A. BENOIT *' COMMISSION W 41764 X NOTARY PUBLI04MPORNIA SAN BMNARDINO COUNTY * My c3a,www E*W MW is, 2001 This area for Official Notarial Seal ------------- —OPTIONAL --------------- CAPACITY CLAIMED BY SIGNER: Corporate Officers TITLE: Vice President SIGNER IS REPRESENTING: Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities, LP., a California Limited Partnership By: Century Homes Communities, a California Corporation, ITS: General Partner TITLE OR TYPE OF DOCUMENT: Subdivision Improvement Agreement DATE OF DOCUMENT: June 24, 1999 SIGNER(S) OTHER THAN NAMED ABOVE: None NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION On May 5, 1999, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was he the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS Id at WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership ("Century Crowell"); WHEREAS, Century Crowell was formed for the purpose of acquiring land and developing with single family homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership ('*Project Entity")- WHEREAS, primary responsibility for management of the Projects has been delegated t the corporation's Project Managers, who are Kent Armstrong, Kenny Felkel, and Marty Butler. RESOLVED, that in connection with the development of any Project, any Project Manag r (or Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as g neral contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, county, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, Gary Weintraub, as Vice President or Assistant Secretary, is authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Joyce Montgomery is authorized to sign on behalf of the Corporation. as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that copies of these Minutes may be provided to any person or public a requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUS NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENT] All Directors were present and unanimously consented to the above. DATE: Mav 5, 1999 ATTEST: olin W. Pavelayc, Prtisid rit Ernest 0. Vincent. Assistant Secretary :Yenc% ON THE ANN' TY. NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNTIM, A CALIFORNIA CORPORATION On December 2, 1997, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California, 92408, in reference to the following: RESIGNATION OF DAVID A. FOGG AS VICE PRESIDENT AND CHIEF FPl iANCIAL OFFICER AND APPOI�1i T1INT OF DAVID J. MILLER AS ASSISTANT SECRETARY WHEREAS, David A. Fogg resigned as Vice President and Chief Financial Officer of the Corporation effective November 14, 1997; RESOLVED, that David J. Miller is hereby appointed Assistant Secretary of the Corporation, to sign on behalf of the Corporation as Assistant Secretary in all circumstances where the signature of an Assistant Secretary of the Corporation is required. All Directors were present and unanimously consented to the above. DATE: December 2, 1997 �TTEST: Yohn W. Pavelak, President Ernest 0. Vincent, Assistant Secretary FRONTIER PACIFIC INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND Street & Storm Drainage Bond No. SD00079079 Premium $7,669.00 KNOW ALL MEN BY THESE PRESENTS: That we, Century Crowell Communities, A California Limited Partnership as Principal, and Frontier Pacific Insurance Company, a corporation duly licensed to do business in the State of California, as Surety, are held and stand firmly bound unto City of La Quinta, as Obligee in the penal sum of Six hundred thirty nine thousand, seventy nine dollars and no/100's Dollars ($639,079.00) lawful money of the United States to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. The condition of this obligation is such that, whereas the above bounden Principal has pledged to complete the Streets & Storm Drainage , tract #23995-7, to the said Obligee. The term of this bond shall commence on and remain in full force and effect until cancelled. Now THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto appertaining to the obligation applied for, then this obligation shall become null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 25, 1999. By: Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities, LP a Califroni Limited Partnership By: Century Homes Communities, a California Corporation ITS: GP. 1535 South "D" Street, Suite 200 San Bernardino, Ca 92408 By: y i raub, Assistant Secretary Frontier Pacific Insurance Company Surety 4250 Executive Square, Ste. 200 La Jolla, CA 92037 By: David C. Banfer, Attorney In Fact BOND NO:SD00079079 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Streets & Storm Drainage KNOW ALL MEN BY THESE PRESENTS: That we Century Crowell Communities, A California Limited Partnership, as Principal, and FRONTIER PACIFIC 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 hundred thirty nine thousand seventy nine dollars and no/100's Dollars ($639,079.00) 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) Streets & Storm Drainage Tract 23995-7 as required be 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 La Jolla, California, this 25 day of June, 1999. "PRINCIPAL" By: Siena Del Rey, LLC, a California Li ited Lifilit C an By: Fe' Crow lI ftmanlunities LP. A California Limited Partnership BY: Century Homes Communities, a California Corporation, ITS: GP. 1535 South "D" Street, Suite 200 San Berna dino, Ca 92408 By: 2 !yXi trau , Assistant Secretary "SURETY" FRONTIER PACIFIC INSURANCE COMPANY BY: David C. Banfer, Attorney -in -Fact 4250 Executive Square Ste.200 La Jolla, CA 92037 (619)-642-5010 RCONTIER INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200 La Jolla, California 92037 BOND RIDER To be attached to and form a part of : Bond No. SD000790780 effective 25th day of June, 1999, Century Crowell Communities, A California Limited Partnership, as principal, and FRONTIER PACIFIC INSURANCE COMPANY, As Surety, in favor of City of La Uinta as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: SD000790780 To: SD00079080 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: June 25, 1999 IN WITNESS WHEREOF, FRONTIER PACIFIC INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 23rd day of August, 1999. FRONTIER PACIFIC INSURANCE COMPANY 4on�92.6 riffin, Attorney -in -Fact FRONTIER PACIFIC INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND Domestic Water Bond No. SD000790780 Premium $3,047.00 KNOW ALL MEN BY THESE PRESENTS: That we, Century Crowell Communities, A California Limited Partnership as Principal, and Frontier Pacific Insurance Company, a corporation duly licensed to do business in the State of California, as Surety, are held and stand firmly bound unto City of La Quinta, as Obligee in the penal sum of Two hundred thirty five thousand, nine hundred fifty three dollars and no/100's Dollars ($235,953.00) lawful money of the United States to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. The condition of this obligation is such that, whereas the above bounden Principal has pledged to complete the Domestic Water, tract #23995-7, to the said Obligee. The term of this bond shall commence on and remain in full force and effect until cancelled. Now THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto appertaining to the obligation applied for, then this obligation shall become null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 25, 1999. By: Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities, LP. a Califronia Limited Partnership 1535 South "D" Street, Suite 200 San Bernardino, Ca 92408 By: Century Homes Communities, a Cal' is Corporation, IT GP By: _ G y W traub, Assistant Secretary Frontier Pacific Insurance Company Surety 4250 Executive Square, Ste. 200 La Jolla, CA 92037 By: David C. Banfer, Attorney In Fact BOND NO:SD00079080 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Domestic Water KNOW ALL MEN BY THESE PRESENTS: That we Century Crowell Communities, A California Limited Partnership, as Principal, and FRONTIER PACIFIC 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 thirty five thousand nine hundred fifty three dollars and no/100's Dollars ($235,953.00) 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) Domestic Water Tract 23995-7 as required be 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 La Jolla, California, this 25 day of June, 1999. "PRINCIPAL" By. Siey 02l Ce&, LLC., a California Limited Liay o pany Century Crowell Communities LP. A California Limited Partnership BY: Century Homes Communities, a California Corporation, ITS: GP 1535 South "D" Street, Suite 20 San Bernardino, Ca 92408 By: -lo-041 G y traub, Assistant Secretary "SURETY" FRONTIER PACIFIC INSURANCE COMPANY BY: David C. Banfer, Attorney -in -Fact 4250 Executive Square Ste.200 La Jolla, CA 92037 (619)-642-5010 • V RONTIFR INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200 La Jolla, California 92037 BOND RIDER To be attached to and form a part of : Bond No. SD000790781 effective 25th day of June, 1999, Century Crowell Communities, A California Limited Partnership, as principal, and FRONTIER PACIFIC INSURANCE COMPANY, As Surety, in favor of City of La Uinta as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: SD000790781 To: SD00079081 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: June 25, 1999 IN WITNESS WHEREOF, FRONTIER PACIFIC INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 23rd day of August, 1999. FRONTIER PACIFIC INSURANCE COMPANY 01 Florence E. Griffin, Attorney-in-Fac FRONTIER PACIFIC INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND Sanitary Sewer Bond No. SD000790781 Premium $362.00 KNOW ALL MEN BY THESE PRESENTS: That we, Century Crowell Communities, A California Limited Partnership as Principal, and Frontier Pacific Insurance Company, a corporation duly licensed to do business in the State of California, as Surety, are held and stand firmly bound unto City of La Quinta, as Obligee in the penal sum of Thirty six thousand, two hundred eleven dollars and no/100's Dollars ($36,211.00) lawful money of the United States to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. The condition of this obligation is such that, whereas the above bounden Principal has pledged to complete the Sanitary Sewer, tract #23995-7, to the said Obligee. The term of this bond shall commence on and remain in full force and effect until cancelled. Now THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto appertaining to the obligation applied for, then this obligation shall become null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 25, 1999. By: Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities, LP. a Califronia Limited Partnership By: Century Homes Communities, a Calif. Corp. ITS:GP. 1535 South "D" Street, Suite 200 San Bernardino, Ca 92408 By: &P4elntraub, Assistant Secretary Frontier Pacific Insurance Company Surety 4250 Executive Square, Ste. 200 La Jolla, CA 92037 By: David C. Banfer, Atto Fact BOND NO:SD00079081 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Sanitary Sewer KNOW ALL MEN BY THESE PRESENTS: That we Century Crowell Communities, A California Limited Partnership, as Principal, and FRONTIER PACIFIC 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 Thirty six thousand two hundred eleven dollars and no/100's Dollars ($36,211.00) 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) Sanitary Sewer Tract 23995-7 as required be 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 La Jolla, California, this 25 day of June, 1999. "PRINCIPAL" By: Siena Del. Rey, LLLC., a California Ce�iuC By: ryoweiAOINUAM es, LP. A California Limited Partnership BY: Century Homes Communities, a California Corporation, ITS: GP. 1535 South "D" Street, Suite 200 San Bernardino, Ca 924 By: ar eintraub, Assistant Secretary "SURETY" FRONTIER PACIFIC INSURANCE COMPANY BY: David C. Banfer, Atto -in-Fact 4250 Executive Square Ste.200 La Jolla, CA 92037 (619)-642-5010 V RONTIER INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200 La Jolla, California 92037 BOND RIDER To be attached to and form a part of : Bond No. SD000790782 effective 25th day of June, 1999, Century Crowell Communities, A California Limited Partnership, as principal, and FRONTIER PACIFIC INSURANCE COMPANY, As Surety, in favor of City of La Uinta as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: SD000790782 To: SD00079082 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: June 25, 1999 IN WITNESS WHEREOF, FRONTIER PACIFIC INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 23rd day of August, 1999. FRONTIER PACIFIC INSURANCE COMPANY Flore ce E. Griffin, Attomey-in-Fact FRONTIER PACIFIC INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND Electrical Bond No. SD000790782 Premium $584.00 KNOW ALL MEN BY THESE PRESENTS: That we, Century Crowell Communities, A California Limited Partnership as Principal, and Frontier Pacific Insurance Company, a corporation duly licensed to do business in the State of California, as Surety, are held and stand firmly bound unto City of La Quinta, as Obligee in the penal sum of Forty eight thousand, six hundred eight two dollars and no/100's Dollars ($48,682.00) lawful money of the United States to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. The condition of this obligation is such that, whereas the above bounden Principal has pledged to complete the Electrical, tract #23995-7, to the said Obligee. The term of this bond shall commence on and remain in full force and effect until cancelled. Now THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto appertaining to the obligation applied for, then this obligation shall become null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 25, 1999. By: Siena Del Rey, LLC. By: Century rowellVo muniti�s,Cppany Frontier Pacific Insurance Company a Califronia Limited Partnership Surety By: Century Homes Communities, a Calif. Corp.ITS: GP. 1535 South "D" Street, Suite 200 4250 Executive Square, Ste. 200 San Bernardino, Ca 92408 La Jolla, CA 92037 By: By: G y i raub, Assistant Secretary David C. Banfer, Attorney In Fact Z. BOND NO: SD00079082 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Electrical KNOW ALL MEN BY THESE PRESENTS: That we Century Crowell Communities, A California Limited Partnership, as Principal, and FRONTIER PACIFIC 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 Forty eight thousand six hundred eighty two dollars and no/100's Dollars ($48,682.00) 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) Electrical Tract 23995-7 as required be 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 La Jolla, California, this 25 day of June, 1999. "PRINCIPAL" By: Siena Del Rey, LLC., a California Limt' ed Liab'lit C an By: Century �roiveCf on munities , LP. A California Limited Partnership BY: Century Homes Communities, a California Corporation, ITs: GP. 1535 South "D" Street, Suit San Bernardino, Ca 9240 By: r traub, Assistant Secretary "SURETY" FRONTIER PACIFIC INSURANCE COMPANY BY: —Z David C. Banfer, Attorney--in-Fact 4250 Executive Square Ste.200 La Jolla, CA 92037 (619)-642-5010 A RONfiAR INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200 La Jolla, California 92037 BOND RIDER To be attached to and form a part of : Bond No. SD000790783 effective 25th day of June, 1999, Century Crowell Communities, A California Limited Partnership, as principal, and FRONTIER PACIFIC INSURANCE COMPANY, As Surety, in favor of City of La Uinta as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: SD000790783 To: SD00079083 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: June 25, 1999 IN WITNESS WHEREOF, FRONTIER PACIFIC INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 23rd day of August, 1999. FRONTIER PACIFIC INSURANCE COMPANY Florence E. Griffin, Attorney -in -Fact FRONTIER PACIFIC INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND Perimeter Wall & Landscaping Bond No. SD000790783 Premium $2,188.00 KNOW ALL MEN BY THESE PRESENTS: That we, Century Crowell Communities, A California Limited Partnership as Principal, and Frontier Pacific Insurance Company, a corporation duly licensed to do business in the State of California, as Surety, are held and stand firmly bound unto City of La Quinta, as Obligee in the penal sum of One hundred eight two thousand, three hundred thirty six dollars and no/100's Dollars ($182,336.00) lawful money of the United States to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. The condition of this obligation is such that, whereas the above bounden Principal has pledged to complete the Perimeter Wall & Landscaping, tract #23995-7, to the said Obligee. The term of this bond shall commence on and remain in full force and effect until cancelled. Now THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto appertaining to the obligation applied for, then this obligation shall become null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 25, 1999. By• Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities, a Califronia Limited Partnership By: Century Homes Communities, a 1535 South "D" Street, Suite 200 San Bernardino, Ca 92408 LP., Calif. Corp. ITs: GP. Frontier Pacific Insurance Company Surety 4250 Executive Square, Ste. 200 La Jolla, CA 92037 By:_ By: 5ary�O ntraub, Assistant Secretary David C. Banfer, Attorney In Fact BOND NO:SD00079083 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Perimeter Wall & Landscaping KNOW ALL MEN BY THESE PRESENTS: That we Century Crowell Communities, A California Limited Partnership, as Principal, and FRONTIER PACIFIC 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 eighty two thousand three hundred thirty six dollars and no/100's Dollars ($182,336.00) 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) Perimeter Wall & Landscaping Tract 23995-7 as required be 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 La Jolla, California, this 25 day of June, 1999. "PRINCIPAL" By: Siena Del Rey !LLC.,, a California Limited ByabeentYury"Undywell Communities , LP. A California Limited Partnership BY: Century Homes Communities, a California Corporation, ITS: GP. 1535 South "D" Street, Suite 2 San Bernardino, Ca 92408 By: Gary �eiaub, Assistant Secretary "SURETY" FRONTIER PACIFIC INSURANCE COMPANY BY: David C. Banfer, Attorney -in -Fact 4250 Executive Square Ste.200 La Jolla, CA 92037 (619)-642-5010 V Ro iER� -_==-- INSURANCE COMPANY (A California Company) 4250 Executive Square, Suite 200 La Jolla, California 92037 BOND RIDER To be attached to and form a part of : Bond No. SD000790784 effective 25th day of June, 1999, Century Crowell Communities, A California Limited Partnership, as principal, and FRONTIER PACIFIC INSURANCE COMPANY, As Surety, in favor of City of La Uinta as Obligee. It is understood and agreed that the Bond is changed or revised in the particulars as indicated below: From: SD000790784 To: SD00079084 Said Bond shall be subject to all terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: June 25, 1999 IN WITNESS WHEREOF, FRONTIER PACIFIC INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 23rd day of August, 1999. FRONTIER PACIFIC INSURANCE COMPANY A4 Florence E. Griffin, Attorney -in -Fact FRONTIER PACIFIC INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND Monumentation Bond No. SD000790784 Premium 100.00 KNOW ALL MEN BY THESE PRESENTS: That we, Century Crowell Communities, A California Limited Partnership as Principal, and Frontier Pacific Insurance Company, a corporation duly licensed to do business in the State of California, as Surety, are held and stand firmly bound unto City of La Quinta, as Obligee in the penal sum of Five thousand, dollars and no/100's Dollars ($5,000.00) lawful money of the United States to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. The condition of this obligation is such that, whereas the above bounden Principal has, pledged to complete the Monumentation, tract #23995-7, to the said Obligee. The term of this bond shall commence on and remain in full force and effect until cancelled. Now THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto appertaining to the obligation applied for, then this obligation shall become null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 25, 1999. By: Siena Del Rey, LLC., a California Limited Liability Company By: Century Crowell Communities LP. a Califronia Limited Partnership By: Century Homes Communities, a Calif.Corp. ITS: GP. 1535 South "D" Street, Suite 200 San Bernardino, Ca 92408 By: G W traub, Assistant Secretary Frontier Pacific Insurance Company Surety 4250 Executive Square, Ste. 200 La Jolla, CA 92037 By: David C. Banfer, Attorney In Fact OUTSTANDING BOND REPORT Name: Century Crowell Communities Tract No. 23995-7 Date of Contract: June 24, 1999 Required Bond Amounts: Streets/Drainage Water Sewer Electrical Wall/Landscaping Monumentation Dates of Bond Reductions: Outstanding Bonds: Amount: $639,079 $639,079 $ 235,953 $ 235,953 $ 36,211 $ 36,211 $ 48,682 $ 48,682 $182,336 $182,336 $ 5,000 $639,079 $235,953 $ 36,211 $ 48,682 $182,336 $ 5,000 Bond No. SD00079079 same SD00079080 same SD00079081 same SD00079082 same SD00079083 same SD00079084 performance/labor (same) (same) (same) (same) performance Date Cancelled/Released: