28019 Williams Dev 95T4tit 4 aCP Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: November 18, 1997
CONSENT CALENDAR:
ITEMTITLE: Approval of Subdivision Improvements P STUDY SESSION:
within Tract 28019, "The Seasons", Williams
Development Corp. PUBLIC HEARING:
RECOMMENDATION:
Accept only the street improvements within Tract 28019 as well as the traffic signal
improvements located at the Desert Club Drive and Calle Tampico intersection as
complete.
Immediate fiscal implications are estimated at an additional $1,000 per year added to
the City's street sweeping costs. This figure accounts for the additional 1.75 curb
miles the streets within Tract 28019 will add to the City's previously accepted public
infrastructure, with an average street sweeping cost of approximately $525 per year
per curb/mile. Additional exact fiscal implications are unknown; however, the costs
of maintaining the public infrastructure, including future slurry seals and other street
surface maintenance, as well as maintenance of associated curbs, gutters, and
sidewalks constructed within this development, will ultimately be absorbed by the
Public Works Department, Streets Maintenance Division. Increases in this budget
should be expected as additional streets and other public facilities are constructed and
accepted by the City. The yearly signal operation and maintenance costs are
estimated at $6,500 per year.
The "Seasons" project, Tract 28019, is a City subsidized housing project for low to
moderate income households consisting of 60 single family homes and 90 senior
apartments.
Most of the subdivision infrastructure improvements have been installed; however,
the storm water detention basin and pump station are only partially complete at this
time. The developer encountered economic hardship while constructing this project
and ownership of the property has reverted to the lender through foreclosure.
F:IPWDEPT\C0UNCIL\1 997\971 1 18e.wpd
OUTSTANDING BOND REPORT
Name: Williams Development Corporation
Tract No. 28019
Date of Contracts: January 17, 1995
Required Bond Amounts:
Eng. Design Prep -
$112,000
- performance only
Water -
$260,688 / $130,344
- performance/labor materials
Sewer -
$176,682 / $
88,341
- (same)
Underground Elect -
$ 92,200 / $
46,100
- (same)
Park/Basin/Land. -
$ 84,352 / $
42,176
- (same)
Basin Eva. Pump -
$109,000 / $
54,500
- (same)
Streets/Drainage -
$717,400 / $358,700
- (same)
Land./Per. Wall -
$ 32,696 / $
16,348
- (same)
Tampico Median -
$ 6,200 / $
3,100
- (same)
Signal -
$ 13,200 / $
6,600
- (same)
Monument -
$ 11,220
- performance only
Dates of Bond Reductions:
- Street and Signal improvements accepted on 11 /18/97 (no bonds released)
- On 1 /5/99, Jim Dan D Agreement approved with new bond amounts. August
23, 2006 P.W. memo released all labor and materials bonds.
Outstanding Bonds:
Insurance Company: Federal Insurance Company
Amount:
Bond No.
Date Cancelled/Released:
$130,344
8143-05-67
Released 9/6/06
$ 88,341
8143-05-66
Released 9/6/06
$ 46,100
8143-05-68
Released 9/6/06
$ 42,176
8143-05-69
Released 9/6/06
$ 54,500
8143-05-70
Released 9/6/06
$358,700
8143-05-71
Released 9/6/06
$ 16,348
8143-05-72
Released 9/6/06
$ 9,700
8143-05-73
Released 9/6/06
$ 11,200
SD00076532
Released 5/4/2000
P.O. Boa 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLF TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
September 6, 2006
Williams Development Corporation
42-600 Caroline Court, Suite 101
Palm Desert, CA. 92211
Re: Tract Map 28019
To Whom It May Concern:
Per authorization from the Public Works Department, the City Clerk's Office hereby
releases the following Labor and Materials Bonds:
#8143-05-67
in the amount of $130,344
#8143-05-66
in the amount of $
88,341
#8143-05-68
in the amount of $
46,100
#8143-05-69
in the amount of $
42,176
#8143-05-70
in the amount of $
54,500
#8143-05-71
in the amount of $358,700
#8143-05-72
in the amount of $
16,348
#8143-05-73
in the amount of $
9,700
If you have any questions, please call me at (760) 777-7002.
Sincerely,
DEBBIE H. POWELL, Interim City Clerk
City of La Quinta, California
cc: Ed Wimmer, Principal Engineer
Federal Insurance Trust
File
ffi;20.16:69r.
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of -7aV .0 0. r2. , 19 q 5"' , by and between
Williams Development Corporation, a California C&rporation hereinafter referred to as "Subdivider," and the
City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map (the "Tract Map") of a tract of land in the City of La
Quinta, County of Riverside, which tract is known as Tract No. 28019 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Tract Map, Subdivider is required to install or agree to install certain public
and private improvements (the "Improvements")
C. The requisite improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of
the improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Revision of Plans. Subdivider shall, within thirty (30) days of City Council approval of the Tract
Map, complete final corrections and revisions to improvement plans and submit for approval original plans
meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility,
landscaping, and other improvements required to be constructed or agreed to be constructed under this
Agreement as listed and described in the List of Improvements attached hereto as Exhibit "A" and
incorporated herein (the "Improvements"), and shall bear the full cost thereof. The methods, standards,
specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security.
A. As a condition of City Council approval of the Tract Map, Subdivider shall have furnished
performance and payment securities to City as a guarantee of the completion of the Improvements, as set
forth in Government Code Section 66499 et sec. One class of security to be provided by Subdivider,
hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement
including payment of associated plan check and permit fees. A second class of security to be provided by
Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor,
equipment and materials supplied to construct the Improvements. A third class of security to be provided
by Subdivider, hereinafter referred to as "guarantee security," shall serve as a guarantee and warranty of
the Improvements for a period of one year following the completion and acceptance of the Improvements.
B. Subject to the approval of the City Engineer, security may be furnished in the form of (1) a
deposit of cash or negotiable bond, of the kind approved for securing deposits of public moneys with City
or in favor of City, with a responsible escrow agent or trust company, (2) bonds which are of the form
specified in Section 66499.2 of the Subdivision Map Act and satisfactory in form and substance to the City
Attorney and are executed by a corporation authorized to transact surety business in the State of California,
(3) an instrument of credit from an agency of the state, (3) an instrument of credit from an agency of the
state, federal, or local government when any agency of the state, federal, or local government provides at
least twenty percent (20%) of the financing for the Improvements to be completed, or from one or more
financial institutions subject to regulation by the state or federal government and pledging that the funds
necessary to carry out the completion of the Improvements are on deposit and guaranteed for payment, or
a letter of credit issued by such a financial institution, (4) a lien upon the Tract, created by contract between
City and Subdivider, if City finds that it would not be in the public interest to require the installation of the
Improvements sooner that two (2) years after the recordation of the Tract Map, (5) an irrevocable
instrument of credit from one or more financial institutions subject to regulation by the state or federal
government pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for
payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the
depositor until released by the City, and/or (6) an irrevocable instrument of credit issued by a financial
institution subject to regulation by the state or federal government guaranteeing that all or any portion of
the funds available pursuant to the letter of credit will be paid upon the written demand of the City Engineer,
and that such written demand need not present documentation of any type as a condition of payment,
including proof of loss. Irrevocable instruments of credit specified in (5) and (6) hereinabove shall be issued
by financial institutions having a Moody's Financial Service rating of "A" or better and evidence of such
rating shall accompany the instruments when submitted to the City for approval. The duration of any such
bond or letter of credit shall be for a period of not less than one year from the execution of the Agreement
or such longer period for completion of the Improvements, whichever is greater; further provided that the
Subdivision Improvement Agreement - Tract 28019 Page 1 of 4
duration of such bond or letter of credit shall be extended to provide the performance security holdback
provided in Section 13 hereof.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. Separate
security shall be furnished for performance security and payment security. The amount of the performance
security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements,
including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized
representative of the City Engineer. Payment security shall equal Fifty Percent (50%) of the amount of
performance security except as otherwise set forth in Exhibit A. City shall retain Ten Percent (10 %) of the
performance security for one (1) year following acceptance or approval of the Improvements to support the
guarantee of the Improvements pursuant to Section 12 hereof. As part of the obligation secured by each
of the performance security, payment security and guarantee security, and in addition to the face amount
of each such security, each such security shall include and assure the payment of costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the
obligations thereby secured.
D. Certain Improvements required herein may be deferred for construction by others at a later
date. Deferred improvements, if any, are identified in Exhibit A. Security furnished for deferred
improvements shall remain in place until the deferred improvements are constructed and costs are known
and shall guarantee the reimbursement by Developer of Developer's share of the cost of the deferred
improvements.
Upon written demand from City, Developer shall deposit cash with City in lieu of or in replacement of
securities guaranteeing deferred improvements.
4. Permits 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 conditions to approval of the Tract Map.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the City
Engineer as set forth in Exhibit A.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due
to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by.,the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension
of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the terms
and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish to City securities, similar in form and
substance to those required in Article 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to insure the performance of and payment for improvement work that remains
incomplete at the time of the extension, and to provide guarantee security on completed improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and
Section 13.20.100 of the City Subdivision Ordinance. Subdivider shall provide the City Engineer written
proof that the monuments have been set and evidence of payment and receipt thereof by the engineer or
surveyor setting of the monuments.
10. Ar)proval of Improvements. At the completion of construction and prior to acceptance of the
improvements by the city, Subdivider shall submit a request for final approval by the city. The request shall
be accompanied by any required certifications from Subdivider's engineers or surveyors and any required
construction quality documentation not previously submitted.
Subdivision Improvement Agreement - Tract 28019 Page 2 of 4
Upon receipt of said request, the City Engineer or a duly authorized representative will review the
construction quality documentation and will inspect the Improvements. If the Improvements are determined
to be in accordance with applicable city standards and specifications, and as provided herein, the City
Engineer shall recommend approval of private improvements and acceptance of public improvements by the
City Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict
the actual Improvements constructed. When necessary revisions have been made, each separate sheet of
the plans shall be clearly marked with the words "As -Built" or "As -Constructed," the marking shall be
stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to
practice in California, and the plans resubmitted to the City Engineer.
12. Imorovement Guarantee. Subdivider hereby guarantees the improvements to City for a period of
one (1) year, beginning on the date of final acceptance of all tract Improvements by the City Council,
against any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 66499.7 of the Subdivision Map Act and of Section 3 of this agreement. Prior to the release of
payment security, the City Engineer may require Subdivider to provide a title report or other evidence
sufficient to show claims of lien, if any, that may affect the amount of payment security released.
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has
not been performed within sixty (60) days after written notice of default from City, then City may perform
the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit
and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or
compelling public interest, as determined by the City Engineer, the requirement for written notice of default
and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall
remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City
and its officers, employees, agents, representatives, and assigns harmless from and against any losses,
claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way
connected with Subdivider's performance hereinunder, including costs of suit and reasonable attorneys'
fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Tentative Tract Map Conditions of Approval for the Tract. In the event that any
requirement or condition of this Agreement is inconsistent with or fails to include conditions of the Tentative
Tract Map Conditions of Approval for the Tract, which document is incorporated herein by reference, the
provisions in the Tentative Tract Map Conditions of Approval shall remain in effect and shall control.
17. Severability. In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuani,to this Agreement shall be in writing and shall be personally delivered
or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses
indicated below their respective signatures. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or
refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice
to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in
this Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State
of California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
Subdivision Improvement Agreement - Tract 28019 Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF LA QUINTA:
ATTEM
Clerk
Tom Genovese
City Manager
SUBDIVIDER: ADDRESS:
E.G. AMS DEVELOPMENT CORP. 42600 Caroline Court
Suite 101
By: Palm Deser-V, CA 92211-5144
Title: Chairman & CEO
By:
Title:
Approved as to Form:
Ci me Date
Reviewed and Approved:
City Epgineer ate
Subdivision Improvement Agreement - Tract 28019 Page 4 of 4
Exhibit A
LIST OF IMPROVEMENTS AND SECURITY AMOUNTS - TRACT 28019
Except as otherwise provided herein, Subdivider shall furnish performance security and payment
security prior to City Council approval of the final map.
As elements of the work are completed, Subdivider may request a maximum of three partial releases
of performance security. Requested releases will be evaluated and may be granted, in whole or in part,
by the City Engineer. Requests for partial releases, setting forth in detail the amount of work
completed and the value thereof, shall be made in writing to the City Engineer.
Improvement Description
Estimated Cost
Labor & Matls
Security
Engineering Design & Plan Preparation'
$112,000
0
Domestic Water
260,688 ,!
$130,344 - ✓
Sanitary Sewer
176,C82
88,341
Underground Electric
92,200
1
46,100 - ✓
Park/Basin (Walks, Landscaping & Irrigation)
84,35211
42,176 -
Basin Evacuation Pump & Pressure Line
109,000 --
54,500 • .✓
Streets & Storm Drainage
717,400
358,700 - ✓
Landscaping & Perimeter Wall
32,696
16,348
Tampico Median Island Reconfiguration
6,200
3,100 -
Tampico/Desert Club Signal (1 1.1 % share)
13,200 --
6,600 - /
Survey Monumentation
11,220 •-
0
$1,615,638
$746,209
Security for engineering design and plan preparation will be released when the plans
are approved by the City Engineer and the design and plan preparation have been paid
for (as certified by the design engineer). The estimated cost of that work is eight
percent of the estimated cost of all improvements except underground electric and
Tampico median landscaping for which improvement plans will be furnished by others.
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On 3 / 2 3 / 9 5 , before me, Marie T . Jones /Notary Public ,
Name, Title, e.g., "Jane Doe, Notary Public"
personally appeared
E.G.Williams
Name(s) of Signer(s)
Rk personally known to me
person(s) whose named is/aj& subscribed to the within
instrument and acknowledged to me thatxU/shetAbM
executed the same inhertK authorized capacityt
and that by tAa4her/*jfX signature(A) on the instrument the
person(30, or the entity upon behalf of which the person(
MARIE T. )ONES acted, executed the instrument.
COMM. #988825
Notary Public-Califomia
's RIVERSIDE COUNTY O
MY Commission Exppi��s Witness my hand and official seal.
March 24, 1997
Signature of
OPTIONAL
Though the data below are not required by law, the information ' may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER:
❑ Individual
XRX Corporate Officer:
Chairman and CEO
Title(s) .
❑ Partner(s) : ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
DESCRIPTION OF ATTACHED DOCUMENT
City of La Quinta
Subdivision Improvement Agreement
Tract 28019
Five
Title or Type of Document
Number of Pages
Per the City, we were instructed
not to date yet
Date of Document
Tom Genovese, City Manager
Attest: City Clerk
SIGNER IS REPRESENTING Approved as to Form the City Attorne
Name of Person(s) or Entity(ies) Reviewed and Approved City Engineer
Signer(s) Other than Named Above
E.G. WILLIAMS DEVELOPMENT CORPORATION
BOND NO. 8143-05-67
PREMIUM: $956.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We, E_.G. WILLTAMS DEV
--J /-- I.ITI I TAR., ••r-.%• I fIPMFNT CORPORATION
�•. .w ... �. .._.. �..-_
as Principal, and '
FEDERAL INSURANCE COMPANY, an Indiana corporation
Surety, are held and firmly bound unto CITY OF LA QLIINTA
as obligee, in the sum of ONE HUNDRED THIRTY THOUSAND THREE HUNDRED FORTY -
MD NO/ 100THS - - - - - - - - - - - - - - - - - - - - - - - - _ _ _
Dollars ( $ 130.344. 0
Q. _), lawful money of the United
States, for the payment of which sum well and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said
Principal has entered into a Subdivision Agreement with said Obligee,
dated , in which said Principal agrees to
construct designated public improvements, as follows:
Domestic Water System, Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.
Signed and sealed on March 17. 1995
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/or WILLIAMS-HEDLEY JOINT VENTURE
b_y E.G./ WILLIAMS DEVELOPMENT CORPORATION
Principal
By:
FEDERAL INSURANCE COMPANY
Richarfd'Adair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-66
PREMIUM: $692.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS , That t We , E.G. WILL i AMS DEVELOPMENT CnRPORATI ON
as Principal, and '
FEDERAL INSURANCE COMPANY, an Indiana corporation
Surety
, are held and firmly bound unto r.ITY OF I n ,UINTA
as obligee, in the sum of EIGHTY-EIGHT _HT THOUSAND, THREE HUNDRED FORTY-ONE N
Dollars ($ Sg,41 ,pp _) , lawful money of the United
States, for the payment of which sum well and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
THE' CONDITION Or THE FOREGOING OBLIGATION IS SUCII, That, Whereas, said
Principal has entered into a Subdivision Agreement with said Obligee,
dated , in which said Principal agrees to
construct designated public improvements, as follows:
Sanitary Sewer System, Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of thecontractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.
Signed and sealed on March 17, 1995
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/or WILLIAMS-HEDLEY JOINT VENTURE
b_y E.G._ WILLIAMS DEVELOPMENT CORPORATION
Principal
By:
__FEDERAL MURANCE_COMPANY
R!<ffard Adair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-68
PREMIUM: $415.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That Wes, E.G. WTI I T AMt p VFI OPMFNT CORPORATION
EY JOINT VENTURE
as Principal, and
FEDERAL INSURANCE COMPANY an. Indiana corporation
Surety, are held and firmlybound
unto f.TTY (7F LA nLITNTA
as Obligee, in the sum of FORTY-STX THOUSANp_ ONE HUNDRED AND
Dollars ($
lawful
States, for t e payment of which sum well and truly netoobetmade,
United
ourselves jointly and severally, firmly by these presents.de, we bind
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said
Principal has entered into a Subdivision Agreement w4th said Obligee,
dated in which said Principal agrees to
construct desi nated
g public improvements, as follows:
Underground Electrical Lines, Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure
and to persons renting
for the improvements,.
Signed and sealed on
to the benefit of thecontractor, his subcontractors,
equipment or furnishing labor or materials to them
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/or WILLIAMS-HEDLEY JOINT VENTURE
by E.G; WILLIAMS DEVELOPMENT CORPORATION
Principal
By.
FEDERAL INSURANCE COMPA
�I/!V�'/'�'/ice.
RichoFd Adair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-69
' PREMIUM: $380.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We, E.G. WILLIAMS DEVELOPMENT OPMENT CORPORATION
- Y JOINT VENTUR
as Principal, and
FEDERAL INSURANCE COMPANY, an Indiana corporation
Surety
, are held and firmly bound unto f.iTY OF LA Q11iNTA
as Obligee, in the sum of FORTY-TWO THOUSAND_ ONE HUNDRED
NO10OTHS--------___ ______--- _________S--N--SIX-AND---
Dollars ($ 42,176.00 ) , lawful money of the United
States, for the payment of which sum well and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
T11170' CONDITION OF THE FOREGOING OBLIGATION IS SUC11, That, Whereas, said
1rincipal has entered into a Subdivision Agreemenz: with said Obligee,
dated , in which said Principal agrees to
construct designated public improvements, as follows:
Park/Basin (Walks, Landscaping and Irrigation)
Tract 28019
and, as a condition of approving said Subdivision, the Principal. is
►-equired to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any,materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
nr performance of the work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action'to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.
Signed and sealed on March 17, 1995
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/or WILLIAMS-HEDLEY JOINT VENTURE
by E. WLLIAMS DEVELOPMENT CORPORATION
Principal
By. -X- V"
_F DERAL INSU NCE COMPANY _
By:
Richar, dair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-70
PREMIUM: $479.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We, E.G. WI I TAMc DEVELOPMENT CORPORATION
Andlor Y iQINT VENT RE
as Principal, and
FEDERAL INSURANCE COMPANY,, an Indiana corporation
Surety, are held and firmlybound unto '
_ f.TTY OF I A �UTNTA
as obligee, in the sum of FIFTY-FOUR THOUSAND, FIVE HUNDRED AND '
Dollars ($ 54,500.00 _) , lawful money of the United
w
States, for the payment of which sum ell and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said
[principal has entered into a Subdivision Agreement with said Obligee,
dated in which said Principal agrees to
construct designated g public improvements, as follows:
Detention Basin Evacuation Pump and Pressure Line
Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
nr performance of the work to be done, or for any work or labor done of
�Iny kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.
Signed and sealed on March 17. 1995
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/or WILLIAMS-HEDLEY JOINT VENTURE
by E.G. ILLIAMS DEVELOPMENT CORPORATION
Principal
By:
FEDERAL INWANCE_COMPANY
BY:
Ric d Adair, -Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-71
PREMIUM: $2,395.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We, E.G. WILLIAMS DEVELOPMENT CORPORATION
end/or WILLIAMS-}MEDLEY JUINT VENTURE
as Principal, and
FEDERAL INSURANCE COMPANY, an ,Indiana corporation
Surety, are held and firmly bound unto CITY OF LA QUINTA
as obligee, in the sum of THREE HUNDRED FIFTY-EIGHT THOUSAND,
SEVEN HUNDRED -
AND N01100THS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ 358.700.00 _) , lawful money of the United
States, for the payment of which sum well and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said
Principal has entered into a Subdivision Agreement with said Obligee,
dated , in which said Principal agrees to
construct designated public improvements, as follows:
Street and Storm Drain Improvements, Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bonl as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.`
Signed and sealed on March 17. 1995 •
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/o�IILLIAMS-HEDLEY JOINT VENTURE
by E G. WIL4IAMS DEVELOPMENT CORPORATION
Principal
By.
FEDERAL INSURANCE COMPANY
By:
IT'ichaf-dAdair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-72
PREMIUM: $147.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We, E, 0. WILL IAMB DEVEI OPMENT CORPORATION
Y JOINT VENTURE_
as Principal, and '
FEDERAL INSURANCE COMPANY, an Indiana corporation
Suret y, are held and firmly bound unto f.ITY OF LA QLITNTA
as Obligee, in the sum of SIXTEEN THOUSAND. THREE HUNDRED FORTY-EIGHT AND
Dollars ($ 16 34f� 00 _) , lawful money of the United
States, for the payment of which sum well and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said
Principal has entered into a Subdivision Agreement with said Obligee,
dated in which said Principal agrees to
construct designated public improvements, as follows:
Landscaping and Perimeter Wall, Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
or performance of the,work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.
Signed and sealed on
E.G. WILL MS DEVELOPMENT CORPORATION
and/or LLIAMS-HEDLEY JOINT VENTURE
b E LL MS DEVELOPMENT CORPORATION
Principal
By:
FEDERAL INS61ZANCE COMPANY
000,
By:
Ric d Adair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
BOND NO. 8143-05-73
PREMIUM: $88.00
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESENTS, That We,, E.G. WILLIAMS DEVELOPMENT CORPORAION
--A I-- LITI 1 T Alkar- .ie-ems. r %h .�•..... .......�..--
as Principal, and
FEDERAL INSURANCE COMPANY, an Indiana corporation
Surety, are held and firmly bound unto CITY OF U A Q1JINTA �
as Obligee, in the sum of NINE THOUSAND_ SEVEN HUNDRED AND NO/100THS - - - - -
-------------------------------------
-----
Dollars ($ 9.700.00 _) , lawful money of the United
States, for the payment of which sum well and truly to be made, we bind
ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said
Principal has entered into a Subdivision Agreement with said Obligee,
dated , in which said Principal agrees to
construct designated public improvements, as follows:
Tampico Median Island Reconfiguration and 111%..Share of
Tampico/Desert Club Signal, Tract 28019
and, as a condition of approving said Subdivision, the Principal is
required to give a Labor and Material Payment Bond as herein provided.
NOW, THEREFORE, if said Principal or any contractor or subcontractor
fails to pay for any materials, provisions, or rented equipment used
in, upon, or for or about the construction of the public improvements
or performance of the work to be done, or for any work or labor done of
any kind, in or on such improvements, said Surety will pay the same in
an amount not exceeding the sum set forth above and, in addition, the
Surety agrees to pay reasonable attorneys' fees in the event that it
becomes necessary to bring an action to enforce this bond.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor or materials to them
for the improvements.
Signed and sealed on March 17, 1995
E.G. WILLIAMS DEVELOPMENT CORPORATION
and/or W LLIAMS-HEDLEY JOINT VENTURE
4y E.Q.ZWILLIAMS DEVELOPMENT CORPORATION
a
Principal
By:
FEDERAL INSURANCE COMPANY
Ri cha'i d Adair, Attorney -in -Fact
7447 North Figueroa Street
Los Angeles, CA 90041
I
t
r OUTSTANDING BOND REPORT
Name: Williams Development Corporation
Tract No. 28019
Date of Contracts: January 17, 1995
Required Bond Amounts:
Eng. Design Prep -
$112,000
- performance only
Water -
$260,688 / $130,344
- performance/labor materials
Sewer -
$176,682 / $
88,341
- (same)
Underground Elect -
$ 92,200 / $
46,100
- (same)
Park/Basin/Land. -
$ 84,352 / $
42,176
- (same)
Basin Eva. Pump -
$109,000 / $
54,500
- (same)
Streets/Drainage -
$717,400 / $358,700
- (same)
Land./Per. Wall -
$ 32,696 / $
16,348
- (same)
Tampico Median -
$ 6,200 / $
3,100
- (same)
Signal -
.$ 13,200 / $
6,600 -
(same)
Monument -
$ 11,220
-
performance only
Dates of Bond Reductions:
- Street and Signal improvements accepted on 11 /18/97 (no bonds released)
- On 1 /5/99, Jim Dan D Agreement approved with new bond amounts.
Outstanding Bonds:
Amount:
Bond No. Date Cancelled/Released
$130,344
8143-05-67
$ 88,341
8143-05-66
$ 46,100
8143-05-68
$ 42,176
8143-05-69
$ 54,500
8143-05-70
$358,700
8143-05-71
$ 16,348
8143-05-72
$ 9,700
8143-05-73
$ 11,200
SD00076532 Released 5/4/2000
s
Name:
OUTSTANDING BOND REPORT
Williams Development Corporation - V Agreement
Jim Dan D, LLC - 2"d Agreement
Tract No. 28019
Date of Contracts: January 17, 1995 (1) - January 5, 1
Required Bond Amounts:
Williams Eng. Design Prep
Agreement Water
Sewer
Underground Elect
Park/Basin/Land.
Basin Eva. Pump
Streets/Drainage
Land./Per. Wall
Tampico Median
Signal
Monument
- $112,000
- $ 260,688 / $130,344
- $176,682 / $ 88,341
- $ 92,200 / $ 46,100
- $ 84,352 / $ 42,176
- $109,000 / $ 54,500
- $717,400 / $358,700
- $ 32,696 / $ 16,348
- $ 6,200 1 $ 3,100
- $ 13,200 / $ 6,600
- $ 11;220
i99 (2) �r
6'
- performance only
- performance/labor materials
- (same)
- (same)
- (same)
- (same)
- (same)
- (same)
- (same)
- (same)
- performance only
DD
Jim Dan D Basin Imp. - $145,800 / $145,800 - performance/labor materials
Agreement Block Wall - $ 44,000 / $ 44,000 - (same)
=$?,43,
Repairs/Conting. - $ 36,000 / $ 36,000 - (same)
En ineerin - $ 18,000 / $ 18,000 - sam
Monument - $ 11,200 - performance only
Dates of Bond Reductions:
- Street and Signal improvements accepted onV11 /1 e/97(no bonds bond amounts.leased)
- On 1 /5/99, Jim Dan D Agreement approved
- On 4/20/99, approval was given to allow replacement of perimeter wall bond with $20,000 cash.
- On 12/7/99, a reduction to the Jim Dan D Agreement was
approved
to becing performance to
re eased 12/7/2000
warranty of $18,180; labor payment to be released 3/7/200 Y
(no mention of block wall warranty of $44,000).
Outstanding Bonds:
Amount:
$130,344
$ 88,341
$ 46,100
$ 42,176
$ 54,500
$358,700
$ 16,348
$ 9,700
$ 11,200
$ 243,800
$ 20,000
Bond No. Date Cancelled/Released:
8143-05-67
8143-05-66
8143-05-68
8143-05-69
8143-05-70
8143-05-71
8143-05-72
8143-05-73
SD00076532
SD00076533
CK#188393
(deposited 3/24/99)