Loading...
25363-1 Topaz 95CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 5 t k day of w e e- e.w•. b Q r , 19 Q S , by and between Topaz Associates, Limited Partnership, a California Limited Partnership hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." M 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. 25363-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements") C. The requisite improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. 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 and described in Exhibit "A" (the "Improvements"), and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including payment of associated plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, herein referred to as "deferred improvement security", shall assure the future payment by Subdivider of the cost of improvements which are a condition of subdivision map approval, but which are to be constructed by others at a later date. A fourth class of security to be provided by Subdivider, hereinafter referred to as "guarantee security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance, deferred improvement 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 deferred improvements. As part of the obligation secured by each of the performance security, deferred improvement security, payment security, and guarantee security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the Califgrnia 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. 2) Surety bonds, of the form specified in Section 66499.2 of the California Government Code, issued by sureties listed in the U.S. Department of Treasury Circular 570 (latest version) which lists institutions authorized to issue bonds in the State of California and the bonding limitations of those institutions. 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). Subdivision Improvement Agreement - Tract 25363-1 Page 1 of 5 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (C), 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 that 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 secured thereby 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 to be completed, security may be . 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. Guarantee security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At 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 and letters of credit as described in Paragraphs (C) and (D) of SECTION 1, for which establishment of evidence of reliability of the financial institution requires City's membership in the Investment Data Exchange, the administrative fee shall be One Hundred Fifty dollars ($150.00). 2) For liens on real property as described in Paragraph (E) of SECTION 1, for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of one half of one percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred dollars ($ 500.00) nor more than Five Thousand dollars ($ 5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Certain Improvements required herein may be deferred for construction by others at a later date. Deferred improvements, if any, are identified in Exhibit A. Deferred improvement security shall remain in place until the deferred improvements are constructed and costs are known and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the deferred improvements. Payment security and guarantee security shall not be required for improvements deferred for construction by others. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of securities guaranteeing deferred 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 Subdivision Improvement Agreement - Tract 25363-1 Page 2 of 5 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 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 all improvements required to be constructed by Subdivider 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 10 percent 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 10 percent. The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Deferred improvement security shall be released upon construction of the deferred improvements and payment by Subdivider of Subdivider's pro rata share of the cost of the deferred improvements. Subdivider may request, and City may approve or conditionally approve, release of deferred improvement security prior to construction of the deferred improvements upon pre -payment by Subdivider of the estimated cost of the deferred 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 all improvements required to be constructed by Subdivider. 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 normally be released one year after final acceptance or approval by the City Council of all improvements required to be constructed by Subdivider. 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, any remaining 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 required or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts to purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement therefor in a form acceptable to the City Attorney. Such agreement shall provide that Subdivider will advance City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property, with any unexpended funds refunded to Subdivider and any additional funds required for City's acquisition paid by Subdivider upon the conveyance of such real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable Improvement pursuant to this Agreement or the tentative map, parcel map or Map conditions of approval (Conditions of Approval). 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. 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 Article 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to insure the performance of and payment for improvement work that remains incomplete at the time of the extension, and to provide guarantee security on completed improvements. Subdivision Improvement Agreement - Tract 25363-1 Page 3 of 5 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 and evidence of payment and receipt thereof by the engineer or surveyor setting the monuments. 10. Final Acceptance or Approval 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 of the subdivision, 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, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend approval of private improvements and acceptance of public improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "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 resubmitted to the City Engineer. 12. Improvement Guarantee. Subdivider hereby guarantees the improvements to City for a period of one (1) year, beginning on the date of final acceptance of all tract Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written, notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance hereinunder, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the 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. • •I A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated below their respective signatures. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. Subdivision Improvement Agreement - Tract 25363-1 Page 4 of 5 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: W Tom Genovese City Manager ATT T: �f ty Clerk SUBDIVIDER: ADDRESS: 1535 So. "D" Street, San Bernardino, CA 92408 By: Topaz Associates, LP. a California Limited Partnership By: Century -Crowell Communities a California Limited Partnership By: Century Homes Communities, a CalifoFnia Corporation LIM TonUtAssi ni a , t Secretary CZ?4 Reviewed and Approved: bzgmaew /3 1f?5- City Engineer Date Approved as to Form: L,,..eqod t of 1j-:),lq r- City Attorney Date l Subdivision Improvement Agreement - Tract 25363-1 Page 5 of 5 Exhibit A LIST OF IMPROVEMENTS AND SECURITY AMOUNTS -TRACT 25363-1 Except as otherwise provided herein, Subdivider shall furnish performance security and payment security prior to City Council approval of the Map. Improvements designated as "deferred" will be constructed by others at a later date as determined by City. Security shall remain in place until such later date to guarantee Subdivider's payment for the cost of the deferred improvements. As elements of the work are completed, Subdivider may request a maximum of three partial releases of performance security. Payment (labor & materials) security may be released only after final acceptance/approval by the La aeinta City Council of all tract improvements. 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. Improvement Descript*on Grading Storm Drainage and Retention Basin ` Domestic Water Sanitary Sewer Underground Electric Streets Traffic Signal at Adams and Miles (6.25 % deferred) Performance $227,221 97,903 101,114 53,969 62,483 ✓ 288,732 7,500 Traffic Signal at Adams and Dune Palms (6.25% deferred) . 7,500 ✓ Monumentation Payment $227,221 97,903,/ 101,114" 53,969 62,483 288,732 0 0 _0 Totals: $853,242 $831,422 This amount includes the pro rata share of this tract's 48 lots of a total of 315 lots proposed to drain into a $384,000 shared basin to be constructed within the area of Tentative Map 25363. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Cal i forni a County of San Bernardino On November 20, 1995 DATE before me, Doris A. Benoit, Notary Publ i c NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Tony Scimi a NAME(S) OF SIGNER(S) personally known to me - OR - to be the person(-st whose name(-s) Is a.-e subscribed to the within instrument and ac- knowledged to me tha&&h p11h m%1.executed the same in his a.i.K authorized capacity(+e�hi; and that by /lie #-#a+ . .� DORIS A. BENOIT signature( on the instrument the person(&), Comm. No. 997106 or the entity upon behalf of which the M Y NOTARY PUBLIC • CALIFORNIX N 0 SAN BERNARDINO COUNTY person(&) acted, executed the instrument. My Comm. Exp. June 13, 1997 WITNESS my hand and official seal. /01/-W SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL L� CORPORATE OFFICER Assistant Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Century Homes Communities DESCRIPTION OF ATTACHED DOCUMENT Subdivision Improvement Agreement TITLE OR TYPE OF DOCUMENT Five (5) NUMBER OF PAGES DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 j 11 14 CTMI—1 ins.qb= ico C�[�OMp BOND NO: 415619S INITIAL PREMIUM: $ 1, 818.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "GRADING BOND" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of TWO HUNDRED TWENTY—SEVEN THOUSAND TWO HUNDRED TWENTY—ONE AND NO/ 100----- ($ 227, 221.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.25363-1 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17th "PRINCIPAL" day of NOVEMBER , 19 95 TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Century -Crowell Communities, L.P. a California limited partnership Ca oornia rporation NYYYWA By: Ton S imia, Assistant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY BY: — 4"Z!p - Z MIC EL J. ENSEL, Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 �L STATE OF _ COUNTY OF Calif ornia San Bernardino On November 17, 1995 , before me, PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature A , R�bl kgl� }SS. J. ABURTO OPTIONAL 77, J. ABURI.O ip, a C�;�,,. �� .101ti683 sr R< m �y0 i':.k f NUc _; , CALIFORNIA X U SAN dER„ K ' A. L(z'i0 T 4, This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Pwv.6/94 ALL—PURPOSE ACKNOWLEDGEMENT U N inSr-qb=1r p C�G�OMp BOND NO: 415619S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: "GRADING BOND" That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP _ , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obli ee, in the sum of TWO HUNDRED TWENTY—SEVEN THOUSAND TWO HUNDRED TWENTY—ONE AND NO/ 100----- ($ 22f, 221.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA QUINTA as Obligee for the improvements in the subdivision designated as (Tract/Parcel) Map No. 25363-1 , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP NOVEMBER "SURETY" , 19 95 . DEVELOPERS INSURANCE COMPANY BY: 4��kv � MIC EL J.'IHENSEL, Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM DI 112 (Rev. 5/92) Calif ornia STATE OF SS. COUNTY OF San Bernardino On November 17, 1995 ,before me, J • ABURTO MICHAEL J • HENSEL PERSONALLY APPEARED personally known to me (or proved to me on the basis of hose name(s) satisfactory evidence) to be the �strument and acknowl- edged is/aresubscribed to the within in his/ ed ed to me that he / she / they executed the same his/her/ / g ies , and that y her/their authorized capacity(' ) or the their signature(s) on the instrument ep ( executed entity upon behalf of which the person(s) acted the instrument. WITNESS my hand and official seal. Signature J. ABUR 1`0 rr �' EMU P1 W° NOTARY PUI31-IC CALIFORNIA N SAN BER;�ARDINO::UjiJY N Y C0islEXPi ES O::T. 15, 19S, This area for Official Notarial Seal OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent , fraudulent reattachment of this form. ED DOCUMENT CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 10 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACH Payment Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: None NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE DEVELOPERS INSURANCE COMPANY ID 081 Rev. 6 94 ALL-PURPOSE ACKNOWLEDGEMENT BOND NO: 4156205 'r.O �(�OCL7J p INITIAL PREMIUM: $783.00 , SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "STORM DRAIN & RETENTION BASIN" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of NINETY—SEVEN THOUSAND NINE HUNDRED THREE AND NO/ 100--------------------- 97,903.00 ****** ($ )Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.25363-1 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17th "PRINCIPAL" day of TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Century -Crowell Communities, L.P. a California limited partnership By: Jnturyys Communities, a CalJAporation By: fon S imia, Assistant Secretary NOVEMBER "SURETY" DEVELOPERS INSURANCE COMPANY ,1995 BY: micHAEL J. y ENSEL, Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 01 1 13 Rev. 2/91 Y STATE OF COUNTY OF Calif ornia San Bernardino On November 17, 1995 PERSONALLY APPEARED before me, MTCHAEL J. HENSEI personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his / her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL J . ABURTO J. ABURTO CUwii'vi. ►iU.1U74683 m w g'G NOTARY PUBLIC-CALIFORNIA Z ' SAN BER.'ARD11NO ..UU14TY N MY E,:ri ni 5 OCT. 15 , 1 SS-• This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XX ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT U U—U� insr-qb:1co C F-�OM D BOND NO: 415620S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND "STORM DRAIN & RETENTION BASIN" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of NINETY—SEVEN THOUSAND NINE HUNDRED THREE AND NO/ 100-------------------- ($ 97,903.00 ****** ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA QUINTA as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No. 25363-1 by the Government Code of California. , as required NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP NOVEMBER "SURETY" ,19 95 . DEVELOPERS INSURANCE COMP NY BY: MICHAEY J. HE$SEL, Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM 01 112 (Rev. 5/92) `o STATE OF Calif ornia SS. COUNTY OF San Bernardino On November 17, 1995 PERSONALLY APPEARED , before me, MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J. ABURTO OPTIONAL = J. A B U R r 0 cv1u M3 R� NOTARY PUBLIC-CALIFORNIA ;0 W SAN BER-ARDISO i Y N This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT THE GROUP BOND NO: 415621S INITIAL PREMIUM: $809.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "DOMESTIC WATER" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L . P . , A CALIFORNIA LIMITED PARTNERSHIP _ , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of ONE HUNDRED ONE THOUSAND ONE HUNDRED FOURTEEN AND NO/ 100----------------- ($ 101, 114.00 **** ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION 1S SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map N0.25363-1 , entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17th "PRINCIPAL" day of NOVEMBER , 19 95 TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Century -Crowell Communities, L.P. a California limited partnership By: Century Homes Communities, a "SURETY" DEVELOPERS INSURANCE CO ANY BY: MICRA�t J. 4NSEL., Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 STATE OF Calif ornia COUNTY OF San Bernardino On November 17, 1995 PERSONALLY APPEARED , before me, MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J. ABURTO OPTIONAL J. ABURTO X COMM. NO.1074683 m NOTARY PUBLIC- CALIFORNIA X SAN BERNARDINO COUNTY N MY COMM. EXPIRES OCT. 15, 1999 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT U Lt'U� insc co C�C�OMC� BOND NO. 4156215 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND "DOMESTIC WATER" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of ONE HUNDRED ONE THOUSAND ONE HUNDRED FOURTEEN AND NO/ 100 --------------- (S 101, 114.00****** ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA QUINTA as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No. by the Government Code of California. 25363-1 , as required NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP NOVEMBER "SURETY" DEVELOPERS INSURANCE COMPANY BY: -4,4,J4 0,4 J MIC EL J. ENSEL, Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 FORM 01 112 (RPv. 5,12) y STATE OF COUNTY OF California San Bernardino On November 17, 1995 , before me, PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. J. ABURTO OPTIONAL J. ABURTO N CG;11;V! - 11 U. 107483 rm W °4 k; NOTARY PUELIC•CALIFORNIA N SAN 3ER.,ARD1,,0 -JJNTY Iv IVIV +: 'i L'v . EAF' MES O; T. 15, 1995 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 9 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT �Q insc Irmo BOND NO: 415622S INITIAL PRELI[ULi: 432.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "SANITARY SEWER" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO2 LA QUINTA, CA 92253 as Obligee, in the sum of FIFTY—THREE THOUSAND NINE HUNDRED SIXTY—NINE AND N01100----------------- 53,969.00 ***** (� )Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.25363—I , entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17 th day of NOVEMBER , 19 95 "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Century -.Crowell Communities, L.P. a California limited partnership _ By: Century Homes Communities, a By: To0y �cimia, Assistant Secretary "SURETY" DEVELOPERS INSURANCE CO PANY 'BY: MICHKEL JV HENSEL, Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 STATE OF Calif ornia COUNTY OF San Bernardino On November 17, 1995 , before me, PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. J. ABURTO OPTIONAL .,. J. A BU R i 0 CG-;;-,. 1%�.107,683 [Ti .r: NOTARY PU8'..iC-CALIFORNIA � ►►1 ` � 'i SAN BER..ARDINO ..JJNTY N t,Vi,< : 0J. 15, BSE This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT inscc byCO BOND NO: 415622S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND "SANITARY SEWER" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES L.P. 3, A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of FIFTY—THREE THOUSAND NINE HUNDRED SIXTY—NINE AND NO/ 100----------------- ($ 53, 969.00********) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA QUINTA _ as Obligee for the improvements in the subdivision designated as (Tract/Parcel) Map No. 25363-1 , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland_. California, this 17 th day of NOVEMBER ,1995 --. "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP "SURETY" DEVELOPERS INSURANCE COMPANY BY: L MIC L J. ENSEL, Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 u STATE OF COUNTY OF California San Bernardino On November 17, 1995 , before me, PERSONALLY APPEARED MICHAEL J . HENSEL I SS. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he / she / they executed the same in his / her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature J. ABURTO N w �J.A C0MINI. NO.1074683 m W', NOTARY PUBLIC-CALIFORNIA N SAN BERNARDINO COUNTY ru IVY is .W. EXP;tir_-'. ()('T. 15, 1999 This area for Official Notarial Seal BURTO 4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ElINDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ElLIMITED ElGENERAL ® ATTORNEY -IN -FACT ElTRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ElOTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ro-osi Rev.6/94 ALL—PURPOSE ACKNOWLEDGEMENT 1-TmQ insc= 1C0 BOND NO: 415623S INITIAL PREMIUM: $500.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "UNDERGROUND ELECTRIC" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obliggee, in the sum of SIXTY—TWO THOUSAND FOUR HUNDRED EIGHTY—THREE AND NO/ 100----------------- (S 62, 483.00 ******* ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.25363-1 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P..�, A CALIFORNIA LIMITED PARTNERSHIP By: Century -Crowell Communities, L.P. a California limited partnership By: Century Homes Communities, a By: Toffy 4cimia, Assistant Secretary NOVEMBER "SURETY" .19 95 , DEVELOPERS INSURANCE CO PANY , BY: MIC11L J . ENSEL, Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 STATE OF Calif ornia COUNTY OF San Bernardino On November 17, 1995 PERSONALLY APPEARED , before me, MICHAEL J. HENSEI personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature I SS. J. ABURTO OPTIONAL J. ABUR 10 h Cu,oi.,. iiU.10483 rn W NOTARY PUBLIC- CALIFORNIA X SAN BER,.AfrDI"!0 .;ijildY (Ary 1 R� Ilii'uV.rl�.::. t.�i,LJ Q'iT. 15, 1SE! (/ This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT i insccaiico BOND NO: 415623S PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS RBOND LABOR AND MATERIAL "UNDERGROUND ELECTRIC" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES L.P. I A CALIFORNIA LIMITED PARTNERSHIP as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and are held and firmly bound unto y 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, CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 asg Obli ee, in the sum of .SIXTY—TWO THOUSAND FOUR HUNDRED EIGHTY —THREE d DouN01 ourselves, heirs, executors and ($ 62 4Q3 - n0 ******_)Dollars, for which payment, well and truly to be made, we m successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION 1S SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA UINTA as Obligee for the improvements in the 25363-1 as required subdivision designated as (Tract/ Parcel) Map No. , by the Government Code of California. ayment to his NOW THEREFORE, the condition of this obligation is such, that if the above Principal ails tfomak improvement nrequired bycontractor, said subcontractors, or to persons renting equipment or furnishing labor and materials to them agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. Code of This bond is execu ted and filed to comply with Section 66499 through and including Section 66499.10 of the Government renting California as improvement security, and shall inure to the benefit of any Notice of extension of atheir timsubcontractors for completion is waived by the equipment or furnishing labor or materials to them for the improvement. Surety. WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said IN WITNESS Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at NOVEMBER , 19 ..-- California, this 17 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP 1425 W. Foothill Blvd. #120, Uvland , "SURETY" DEVELOPERS INSURANCE COM ANY BY: MIC L J . ENSEL, ' Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 , STATE OF Calif ornia SS. COUNTY OF San Bernardino On November 17, 1995 , before me, J. ABURTO PERSONALLY APPEARED MICHAEL J. HENSEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL J. ABUR "o NOTARY PWILIC CALIFORNIA X SAN 3ER,%Ak01140 ;' j Itry N MY CW'J'r'J. O.T. 15, 1 ggc This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES November 17, 1995 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT �Q inscqb= 1C0 GG�OMC� BOND NO: 415624S INITIAL PREMIUM: $2, 310.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "STREETS" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COLVIPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of TWO HUNDRED EIGHTY—EIGHT THOUSAND SEVEN HUNDRED THIRTY—TWO AND N01100---- 288,732.00 ***** ($ )Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.25363-1 , entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17th day of NOVEMBER , 19 95 . "PRINCIPAL" TOPAZ ASSOCIATES, L.P..-, A CALIFORNIA LIMITED PARTNERSHIP. By: Century -Crowell Communities, L.P. a California limited partnership By: Century Homes Communities, a By: Ton cimi a, Assi scant Secretary "SURETY" DEVELOPERS INSURANCE COMPANY BY: wad4 de�) MIC EL J.wAiE&SELq Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 :Q v SC Uhl Fxca) BOND N0: 415624S PREtiIIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND "STREETS" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES I L . P . 9 A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of TWO HUNDRED EIGHTY—EIGHT THOUSAND SEVEN HUNDRED -THIRTY—TWO AND N01100---- ($ 288, 732.00 ***** ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF LA QUINTA as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No. 25363-1 , as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17 th day of "PRINCIPAL" TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP NOVEMBER , 19.95 "SURETY" DEVELOPERS INSURANCE COMPANY BY: MIC L J. AN Attorney -in -Fact 17780 Fitch Irvine, CA 92714 (714) 263-3300 •,, �i i12 (Ray. 5%92) I � 41.J U� in. IrmO BOND NO: 415626S INITIAL PREMIUM: $60.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "TRAFFIC SIGNAL AT ADAMS & DUNE PALMS" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obliggee, in the sum of SEVEN THOUSAND FIVE HUNDRED AND NO/ 100-------------------------------- — ($ 7,500.00 ********) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No.25363-1 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. #120, Upland California, this 17th "PRINCIPAL" day of TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Century -Crowell Communities, L.P. a California limited partnership By: Century Homes Communities, a By! TJnyJSckimia, Assistant Secretary NOVEMBER "SURETY" , 19 95 DEVELOPERS INSURANCE COMPANY A BY: MIC EL J. ENSEL, Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 LI i ! 3 ricv. insr.q .0 BOND NO: 415627S INITIAL PREMIUM: $55.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND "MONUMENTATION" KNOW ALL MEN BY THESE PRESENTS: That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 as Obligee, in the sum of SIX THOUSAND EIGHT HUNDRED TWENTY AND N01100--------------------------- 6,820.00 ******* ($ )Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.25363-1 , entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at 1425 W. Foothill Blvd. # 120 , Upland California, this 17th "PRINCIPAL" day of TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Century -Crowell Communities, L.P. a California limited partnership By: Century Homes Communities, a By: Toy jScMi a, Assistant Secretary NOVEMBER "SURETY" DEVELOPERS INSURANCE COMPANY ,1995 BY: E . URENO , Attorney -in -Fact 17780 Fitch Irvine, California 92714 (714) 263-3300 DI 113 Rev. 2/91 110 41OUTSTANDING BOND REPORT Name: Topaz Associates Tract No. 25363-1 Date of Contract: December 5, 1995 Required Bond Amounts: Grading - $227,221 / $227,221 - performance/labor materials Storm Drain/Basin - $ 97,903 / $ 97,903 - (same) Water - $101,114 / $101,114 - (same) Sewer - $ 53,969 / $ 53,969 - (same) Electric - $ 62,483 / $ 62,483 - (same) Streets - $288,732 / $288,732 - (same) Signal/Miles - $ 7,500 Signal/Dune Palms - $ 7,500 Monument - $ 6,820 - performance only Dates of Bond Reductions: Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $227,221 415619S $227,221 same $ 97,903 415620S $ 97,903 same $101,114 415621S $101,114 same $ 53,969 415622S $ 53,969 same $ 62,483 415623S $ 62,483 same $288,732 415624S $ 288,732 same $ 7,500 415626S $ 7,500 415625S Released on 9/30/96 $ 6,820 415627S $ 33,000 1929695 bt 5 O 1