25363-2 Topaz 97CITY OF LA QUIlyTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 25363-2
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
20 th day of March , 19 97 , 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."
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. 25363-2 (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. Imarovement 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.
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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.
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:
C:\WP\TRACTS\Agreements\25363-2.sia Page 2 of 6
1► For certificates of deposit and letters of credit as described in Paragraphs 3) and 4) of SECTION 3.B.,
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 5) of SECTION 3.13., 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. 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 notice 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 Reguired. 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.
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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.
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 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 auinta
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.
C:\WP\TRACTS\Agreements\25363-2.sia Page 4 of 6
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 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.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by
registered or certified mail, return receipt requested, to the parties at their respective addresses indicated 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.
(This space intentionally left blank.)
C:\WP\TRACTS\Agreements\25363-2.sia Page 5 of 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
SUBDIVIDER:
Topaz Associates, L.P., a
California limited partnership
By: Century Crowell Communities, a
California limited partnership
by: Century Homes Communities, a
IXAX California Corporation, its General Partner
RXiIOX
By:
y Weintraub
Title
By:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
i' q 7
Date
Topaz Associates, L.P.
1535 S. D Street
San Bernardino, CA 92408
909/381-6007
Date
3�
Date
Reviewed and Approved: '`G�1�'���
City Engineer Date
Approved as to Form: t.: 9" c';?, 3 — 9 77
City Attorney Date
C:\WP\TRACTS\Agreements\sia2.sia Page 6 of 6
Exhibit A
SCHEDULE OF IMPROVEMENTS AND SECURITY - TRACT 25363-2
Except as otherwise provided herein, Subdivider shall furnish performance security and payment 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 remain in place until City receives certification, by a person authorized to practice land
surveying in the State of California, that monumentation is complete.
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%). 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.
Payment security for Water, Sewer and Electrical improvements is subject to release if authorized by the appropriate
utility authority. Otherwise, all payment security shall remain in place until all required tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Payment 00
Grading $189,856 $189,856/''$
On -site Streets & Storm Drainage 148,952 148,952
Offsite Street Improvements (Participatory) 19,284 0
(25 % of 660' of Westward Ho Street)
Domestic Water 87,089 87,089
Sanitary Sewer 53,969 53,969
Electric 29,700 29,700
Retention Basin 384,000 384,000
Monumentation 6,820 _-0
Totals: $919,970 $893,566
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
State of California
ss.
County of San Bernardino 3
On March 20, 1997
before me, Doris A. Benoit, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared Gary Weintraub and Tony P. Scimia
NAME(S) OF SIGNER(S)
impersonally known to me - OR - ❑
to be the person(s) whose name(s) ' are
subscribed to the within instrument and ac-
knowledged to me that the xecuted
the same in-h-i-sml_er their authorized
capacity(ies), and that by eir
DORIS A. BENOIT signature(s) on the instrument the person(s),
0*1
Comm. No. 997106 or the entity upon behalf of which the
NOTARY PUBLIC -CALIFORNIA
SAN BERNARDINO COUNTY person(s) acted, executed the instrument.
��� My Comm. Exp. June 13, 1997
WITNESS my hand and official seal.
OPTIONAL
SIG ATURE OF NOTARY
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
P9 CORPORATE OFFICER S
Assistant Secretary
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTTTY(IES)
Century Homes Communities
DESCRIPTION OF ATTACHED DOCUMENT
Subdivision Improvement Agreements
TITLE OR TYPE OF DOCUMENT
Six (6)
NUMBER OF PAGES
March 20, 1997
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
PARTNERSHIP
As Principal, and
BOND NO. 435292S
GRADING PERMIT BOND PREMIUM $1,519.00
KNOW ALL MEN BY THESE PRESENTS: FOR A TERM OF 2 YEARS
THAT WE, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED
(Permittee)
DEVELOPERS INSURANCE COMPANY
(Bonding Company)
Organized and existing under the laws of the State of California, As Surety, are
held and firmly bound unto CITY OF LA QUINTA _.
in the just and full sum of
ONE HUNDRED EIGHTY NINE THOUSAND, EIGHT HUNDRED FIFTY SIX AND N01100 «IR9_A56,00)
lawful money of the United States, for the payment of which, well and truly to
be made, we bind ourselves, our heirs, administrators, executors, successors and
assigns, jointly and severally, firmly and by these presents.
The condition of the foregoing obligation is such that whereas
said principal has filed or is about to file with CITY OF T.A QUTNTA
an application for a permit to perform excavation or
fill work, described to the application for the grading permit, upon real
property owned by said principal known as TRACT 25363
NOW THEREFORE, if the above named principal shall well and
truly comply with all the requirements of CITY OF LA QUINTA
and if all of the work required to be done complies with all of the terms and
conditions of the grading permit for excavation or fill or both to the satisfac-
tion of the City Engineer, and is completed within the time limit specified in
said grading permit, then this obligation shall be void and of no effect,
otherwise it shall be and remain in full force and effect.
The said surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or additions to the terms
of the permit or tho the work or improvements to be performed thereunder or to
the grading plans attached to said permit shall in anywise affect the obligations
on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or additions to the terms of the permit or to the work or
improvements or tho the plans.
WITNESS OUR HANDS THIS 20th day of
UPLAND, CALIFORNIA
MARCH
199_.
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP DEVELOPERS INSURANCE COMPANY
BY: CENTURY CROWSW,00?DITIES, A (Surety)
CALIFORNIA LIMITED PARTNERSHIP
BY:
CALIFORN LAfSOR2RATI 2N, S ERA PARTNER
RIE T. ROUSSERE
BY:r7 (Principal) (Attorney -in -Fact)
a n e'd i iY by Principals and Surety must be attached.
V
Cjf-3MfEJ
inscc
=ib=lco
CCQOMG�
ON SITE STREETS AND STORM
DRAINAGE
BOND NO: 435285S
INITIAL PREMIUM: $1,192. 00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
as Obligee, in the sum of ONE HUNDRED FORTY EIGHT
($ 148, 952.00------- ) Dollars, for which payment,
successors, jointly and severally firmly by these presents.
THOUSAND, NINE HUNDRED FIFTY TWO AND no/100
well and truly to be made, we bind ourselves, our heirs, executors and
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
TRACT 25363
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH , 19 97
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, L.P., A
CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY HONFS COMMUNITIFS- A
CALIFORNIA CORPORATION, IT N PARTNER
0" s�
WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
,DEVELOPERS INSURANCE C PA
IE T. ROUSSERE
17780 Fitch
Irvine, California 92714
(714) 263-3300
Attorney -in -Fact
DI 113 Rev. 2/91
Q
BOND NO: 435285S
rnnsr.%:- Ir.0
PREMIUM INCLUDED
ON SITE STREETS AND STORM IN PERFORMANCE BOND.
DRAINAGE
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPICO LA QUINTA, CA 9225
as Obli ee, in the sum of ONE HUNDRED FORTY EIGHT THOUSAND, NINE HUNDRED FIFTY TWO AND NO/ 100
(S 148, 952. 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.
TRACT 25363 , 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.
Su WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of
MARCH , 19
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALTFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
RY rFNTiiRY HnMFS r'nMMUNITIES, n
CALIFORNIA CORPORATION ENERAL PARTNER
GARY WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
EVEL PERS INSURANCE CO A Y
BY.
MARIE T. ROUSSERE Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 112 (Rev. 5/92)
THE
GROUP
OFFSITE STREET
IMPROVEMENTS (PARTICIPATORY)
BOND NO: 435286S
INITIAL PREMIUM: $154.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP I , 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 NINETEEN THOUSAND, TWO HUNDRED EIGHTY FOUR AND NO/ 100
(S 19, 284.00-------- ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, cxecutors 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. ,
TRACT 25363
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform -said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH , 19 '97
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P_.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
CALIFORNIA CORPORATION, G.P.
B Y :
A Y WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
DEVELOPERS INSURANCE COMP
BY:
E T. ROUSSERE
17780 Fitch
Irvine, California 92714
(714) 263-3300
Attorney -in -Fact
01113 Rev. 2/91
�Q
Ins
=10
'CO
OM[p
DOMESTIC WATER
BOND NO:
435287S
INITIAL PREMIUM: $697.00
SUBJECT TO RENEWAL. .
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPIC09 LA QUINTA, CA 92253
as Obligee, in the sum of EIGHTY SEVEN THOUSAND, EIGHTY NINE AND NO/ 100
(S 87 , 089.00--------) 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.
TRACT 25363 entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH , 19 97
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY HOMES COMMUNITIES-. A
CALIFORNIA CORPORATION, G. .
BY:
WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
ELOPERS INSURANCE OMP
BY:
MARIE T. ROUSSERE Atforney-in-Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
DI 113 Rev. 2/91
A.
10
BOND NO: 435287S
'
p PREMIUM INCLUDED
DOMESTIC WATER IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78 495 CALLE TAMPICO, LA QUINTA, CA 92253
as Obligee, in the sum of EIGHTY SEVEN THOUSAND, EIGHTY NINE AND NO/ 100
(S 87,U89.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION 1S SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF LA QUINTA as Obligee for the improvements in the
subdivision designated as (Tract/ Parcel) Map No.
by the Government Code of California.
TRACT 25363
, as required
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH _ , 1997____.
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
_ BY • CENTURY HOMES COMMUNITIES, A
CALIFORNIA CORPORATION, ITS ERAL PARTNER
GARY WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
VELOPERS INSURANCE COM ANY
Ile
BY:
RIE T. ROUSSERE Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 212 (Rev. 5/92)
in c
BOND NO: 435288S
INITIAL PREMIUM: $432.00
SANITARY SEWER
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
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 N0/100
(S 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 1S SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No. ,
TRACT 25363
said agreement or agreements.
entered into an agreement or agreements with said Obligee to complete the improvements specified in
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH 19 97 .
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY HOMES COMMUNITIES, A
CALIFORNIA CORPORATION, ITS GENERAL PARTNER
13y: 1,7
2 r
EINTRAUB, ASSISTANT SECRETARY
"SURETY"
DEVELOPERS INSURANCE COMP
BY:
E T. ROUSSERE
17780 Fitch
Irvine, California 92714
(714) 263-3300
Attorney -in -Fact
D1 113 Rev. 2/91
Q
nsc BOND NO: 435288S
'co SEWER
o �p SANITARY SE PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP — , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
as Obligee, in the sum of FIFTY THREE THOUSAND,
($ 53, 969.00------- ) Dollars, for which payment
successors, jointly and severally firmly by these presents.
NINE HUNDRED SIXTY-NINE AND N0/100
well and truly to be made, we bind ourselves, our heirs, executors and
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. TRACT 25363 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH , 19197 .
"PRINCIPAL" "SURETY"
TOPAZ ASSOCIATES, L . P . ,
A CALIFORNIA LIMITED PARTNERSHIP DEVELOP S INSURANCE CO PA
BY: CENTURY CROWELL COMMUNITIES, A ..
CALIFORNIA LIMITED PARTNERSHIP
BY• CFNTIIRY HQMFS CQMMIINITIES9 A BY:
CALIFORNIA CORPORATI ,-__I GENERAL PARTNER MARIE T. ROUSSERE Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
GARY WEINTRAUB, ASSISTANT SECRETARY (714) 263-3300
FORM OI 112 (Rev. 5/92)
,
insccil=
BOND NO: 435289S
ELECTRIC INITIAL PREMIUM: $238.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
as Obligee, in the sum of TWENTY NINE THOUSAND, SEVEN HUNDRED AND NO/ 100
(S 29, 700.00--------) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION 1S SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No. ,
TRACT 25363 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 shalt remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH , 19 97
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
BY: CFNTIIRY HQMES COMMUNITIES, A
CALIFORNIA CORPORATION, ITS GENERAL PARTNER
l e :/ 3 �� 7
Ry-
RY WEINTRAUB, ASSISTANT SECRETARY
DI 113 Rev. 2/91
"SURETY"
EVE OPERS INSURANCE COMP
BY: - .
E T. ROUSSERE
17780 Fitch
Irvine, California 92714
(714) 263-3300
Atrorney-in-Fact
insc co
Mp ELECTRIC
BOND NO:
435289S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
as Obligee, in the sum of TWENTY NINE THOUSAND, SEVEN HUNDRED AND NO/ 100
(S 29, 700. 00--------) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF LA QUINTA as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. TRACT 25363 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20 th day of MARCH , 1997 .
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
Bye CENTURY HOMES —COMMI-INiTIE5a
CALIFORNIA CORPORATION, I NERAL PARTNER
ARY WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
DEVELOPERS INSURANCE COMPAN
S
B :
RIE T. ROUSSERE Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM 01 112 (Rev. 5/92)
inscqBOND NO: 435290S
gD�tC�
o Up RETENTION BASIN INITIAL PREMIUM: _$3, 072.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78-495 CALLE TAMPIC09 LA QUINTA, CA 92253
as Obligee, in the sum of THREE HUNDRED EIGHTY FOUR AND NO/ 100
($ 384 , 000.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No.
TRACT 25363 entered into an agreement or agreements with said Obligee to complete the improvements specified in
said agreement or agreements.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
UPLAND
California, this 20th day of MARCH , 19 497 .
"PRINCIPAL"
TOPAZ ASSOCIATES, L.P_.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY HOMES COMMUNITIES, A
CALIFORNIA CORPORATION, ITS GENERAL PARTNER
GARY WEINTRAUB, ASSISTANT SECRETARY
DI 113 Rev. 2/91
"SURETY"
EVELOPERS INSURANCE COMPA
BY. -
T. ROUSSERf Attorney -in -Fact
17780 Fitch
Irvine, California 92714
(714) 263-3300
HE _
-7T
GROUP
RETENTION BASIN
BOND NO: 435290S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, TOPAZ ASSOCIATES, L.P. , A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
78 495 CALLE TAMPICO, LA QUINTA, CA 92253
as Obligee, in the sum of THREE HUNDRED EIGHTY FOUR THOUSAND, AND NO / 100
(S 384, 000.00--------) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF LA QUINTA as Obligee for the improvements in the
subdivision designated as (Tract/ Parcel) Map No. TRACT 25363 , 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
California, this
20th
"PRINCIPAL"
UPLAND
day of MARCH _ , 1997
TOPAZ ASSOCIATES, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: CENTURY CROWELL COMMUNITIES, A
CALIFORNIA LIMITED PARTNERSHIP
CALIFORNIA CORPORATION, ITS _GENERAL PARTNER
3-zsy�
RY WEINTRAUB, ASSISTANT SECRETARY
"SURETY"
EVELOPERS INSURANCE CO
BY:
. ROUSSERE Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
(714) 263-3300
FORM DI 212 (Rev. 5/92)
bUNU NU. 435291S
PREMIUM $55.00
for a term of 2 years
MONUMENTING BOND
FOR SUBDIVISIONS
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS,
TOPAZ ASSOCIATES L.P., A CALIFORNIA LIMITED PARTNERSHIP
hereinarter called SUBDIVIDER, is the developer or that certain subdivision
known as TRACT 25363 ; and WHEREAS, all monuments
have not yet been set in the positions noted in the proposed Final Subdivision
Map for said subdivision,
NOW, THEREFORE, we the subdivider as Principal, and the DEVELOPERS INSURANCE
COMPANY, 600 N. MOUNTAIN AVE, SUITE B-204, UPLAND, CA 91786
(Legal Title and Address of Surety)
as Surety, are held and firmly bound unto the (may O�q�INTA
in the Sum of S TX THOU AND,- E T , T Hum
(S_6,820.00---)0
lawful money of the United States, for the payment or which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors,
or assigns, or any or all or either of them, shall fail to pay any engineer or
surveyor for setting monuments in the positions noted in the proposed Final
Subdivision Map for said subdivision in accordance with the provisions or
Government Code Sec. 66495 et.seq., then said Surety Will pay the same in an
amount rtut exceeding the amount hereinabove det forth, and A13o in case suit
is brought upon this Bond, will pay a reaaona ble attorney's t'ec to be awarded
and fixed by the Court, and to be taxed as costs and to be included in the
Judgement therein rendered.
1T IS NEARBY EXPRESSLY STIPULATED AND AGREED that this bond shall insure to the
benefit or any and all persons, companiea,.and corporations entitled to rile
Claims against it.
Should the condition or this Bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain,in full force
and effect.
And the said Surety, for value received, hereby Stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
AgrcCMent or Contract, or to the work to be perrurmed thereunder, shall in
any way affect its obligations on the Bond, and it does hereby waive notice
or any Such change, extension of time, alteration or addition to the terms
of the Agreement or Contract.
IN WITNESS WHEREOF this Instrument has been duly executed by the Principal
and Surety above named on MARCH 20
"Surety"
"Principal"
D VEI.OPERS INSURANCE CO PAN TOPAZ ASSOCIATES L.P.,
NERSHIP
hY; BY: CENTURY CROW LL .P.,
LIMITED PARTNERSHIP
R ATTORNEY- N-FACT BY: CENTURY HOMES COMMUNITIES ..
ITS G ERAL PARTNER
BY: .1 -", I N
ARY
OUTSTANDING BOND REPORT
Name: Topaz Associates
Tract No. 25363-2
Date of Contract: March 20,
1997
Required Bond Amounts:
Grading
- $.189,856
- performance only
Onsite Streets/Drainage
- $148,952 / $148,952
- performance/labor
Offsite Streets
- $ 19,284
- performance only
Water
- $ 87,089 / $ 87,089
- performance/labor
Sewer
- $ 53,969 / $ 53,969
- performance/labor
Electric
- $ 29,700 / $ 29,700
- performance/labor
Ret. Basin
- $384,000 F$384,000
- performance/labor
Monument
- $ 6,820
- performance only
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
Bond No.
Date Cancelled/Released:
$189,856
435292S
$148,952
435285S
$148,952
same
$ 19,284
435286S
' $ 87,089
435287S
$ 87,089
same
$ 53,969
435288S
$ 53,969
same
$ 29,700
435289E
$ 29,700
same
$384,000
435290S
$384,000
same
$ 6,820
435291 S
Z