28525-2 Stamko 99COUNCIL/RDA MEETING DATE: January 21, 2003
ITEM TITLE: Approve an Extension of Time for
Completion of Improvements for Parcel
Map 30420, The Centre at La Quinta
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve an extension of time for completion of certain improvements required for
Parcel Map 30420 (previously required by Parcel Map 28525-2) until June 30, 2003.
FISCAL IMPLICATIONS: None.
CHARTER CITY IMPLICATIONS: None.
BACKGROUND AND OVERVIEW:
The Subdivision Improvement Agreement (SIA) for Parcel Map 30420 (Attachment 1),
The Centre at La Quinta, incorporated certain improvements previously required under
the SIA for Parcel Map 28525-2. The improvements were required to be completed
by January 1, 2003, unless a time extension is granted pursuant to the terms of the
SIA. The developer has not completed these improvements and has requested the
City Council to extend the time of completion to January 1, 2004 (Attachment 2).
However, staff recommends an extension of time for completion of improvements
should be granted to July 2, 2003 instead of January 1, 2004. As of this writing, no
property owner in Tract 28525-2 has submitted construction plans for improvements
on their property; however, if construction plans were submitted in the near future,
offsite infrastructure may need to be in place as early as July, 2003.
1 r, 9
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Approve an extension for completion of certain improvements required for
Parcel Map 30420 (previously required for Parcel Map 28525-2) until June 30,
2003 ; or
2. Do not approve an extension for completion of certain improvements required
for Parcel Map 30420 (previously required for Parcel Map 28525-2) until June
30, 2003; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. Jo assoo E.
Public Works Directo /City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . SIA Parcel Map 30420
2. Stamko Request for Extension Letter
T:\PWDEPT\COUNCIL\2003\030121 d.doc
1-9
002
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL Mar 28525
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this
day of --T-1^, , 19 C::l , ,
by and between Stamko Development Co., a California Lim ted 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 f land in the City of
La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 28525'ge "Development')
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 issuance of permits for construction of improvements associated with the
Map, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping,
and other improvements required to be constructed or agreed to be constructed under this Agreement as listed
in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and
scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the Improvements,
payment of Subdivider's fair share of Improvements which have been or will be constructed by others
("Participatory Improvements), and payment of plan check and permit fees. A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of
labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided
by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the
Improvements for period of one year following the completion and acceptance of the Improvements. Subdivider
shall furnish performance and payment security prior to and as a condition of City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council
and prior to or concurrently with the final release of performance security. Warranty security shall not be required
for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for
performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security shall include and
assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
one or more of the following:
C:\Corel\WP\TRACTS\Agreements\28525.sia Page 1 of 6
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 receipt requested.
G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall
security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus
Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City
receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Development Improvements. However, if at the end of the one-
year warranty period, there are one or more outstanding requests by City for performance of work or provision
of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests
are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts
purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best
efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt
to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on
behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form
C:\Corel\WP\TRACTS\Agreements\28525.sia Page 3 of 6
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. Failure by Subdivider to begin or complete construction of the Improvements within the specified time
periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider
in default of this agreement, to revise improvement security requirements as necessary to ensure completion of
the improvements, and/or to require modifications in the standards or sequencing of the Improvements in
response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not
otherwise affect the validity of this agreement or Subdivider's obligations hereunder.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such
events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time
for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny
the request or conditionally approve the extension with additions or revisions to the terms and conditions of this
Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to
those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be
sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the
extension, and to provide warranty security on completed Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the
La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have
been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and
intersection monument tie -outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other
agencies having jurisdiction over and approval authority for improvements required by this Agreement or the
Conditions of Approval, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required
documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with
applicable City standards and specifications, and as provided herein, obligations required by the Conditions of
Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in
Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City
Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer,
Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual
Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall
be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped
by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California,
and the plans shall be resubmitted to the City Engineer.
C:\Corel\WP\TRACTS\Agreements\28525.sia Page 4 of 6
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1)
year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective
work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of Section
3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide
a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment
security released.
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform the
obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and
reasonable attomeyIs 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.
C:\Corel\WP\TRACTS\Agreements\28525.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:
(a,
Thomas P.
I1
SUBDIVIDER:
By:
Title:
By:
Title:
novese, city Manager
Reviewed and Approved:
/-
City7Engineer
Approved as to Form: 11 AA ol'l'
City Attorney
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
6-P-��-g
Date
Stamko Development Co.
2205 N. Poinsettia Ave
Manhattan Beach. CA 90266
Date
DatV/q /I F
e
C:\Corel\WP\TRACTS\Agreements\28525.sia Page 6 of 6
STATE OF CALIFORNIA ►
1 ss.
COUNTY OF RIVERSIDE ►
On JULY 289 1999 , before me, K. WENGER ,
Name, Title, e.g., "Jane Doe, Notary Public"
personally appeared CMUSTINE F. CLARKE**
Name(s) of Signer(s)
personally known to me -- OR -- ❑ proved to me on the basis of satisfactory evidence to be the
person(
whose name subscribed to the within instrument
and acto me that h executed the same in
/�Y
er authorized capacity( ,and that by erir
signature(jiQ -on the instrument th personal, or the entity upon
OFFICIAL SEAL
. ..
K. WENGER behalf of which the person(s) acted, executed the instrument.
^" COMM # 1192111 0
Q Notary Public • California a Witness my hand and official seal.
L7 RIVERSIDE COUNTY
My Commission Expires
AUGUST S, 2002
Signature of Notary
OPTIONAL
Though the data below are not required by law, the information ay prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER:
❑ Individual
❑ Corporate Officer:
Title(s)
❑ Partner(s): ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
SIGNERS
(Other than named above)
Exhibit A
SECURITY - PARCEL MAP 28525
Except as otherwise provided herein, Subdivider shall fumish performance security and labor & materials security
prior to agendization of the Map for approval by the City Council.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
The "Engineering & Plans" security will be released when the City has possession of complete, approved; original
plans, signed and sealed by design professional(s), for all required improvements. The "No -Plan Contingency,"
which may be utilized for any listed item or for other costs found necessary in design or construction of the
required improvements, may be released in whole or in part by the City Engineer, at any time after construction
plans are complete and the scope and nature of improvements are fully known. These releases shall be
considered separate from and in addition to the reductions discussed below.
As elements of the work are completed, Subdivider may request a maximum of two reductions in performance
security. Requests shall be made in writing to the City Engineer and shall set forth in detail the amount of work
completed and the value thereof. Reductions shall be for not less than ten percent (10%) of the original, total
performance security for the development and shall not reduce the security below the amount necessary to
complete the Improvements plus ten percent (10%) of the original amount. Requests will be evaluated and may
be granted, in whole or in part, by the City Engineer.
Labor & materials security shall remain in place until 90 days after all required improvements are complete and
accepted by the City Council.
Improvement Description Performance Labor & Materials
Rough Grading $247,000 $247,000
Streets & Storm Drainage 441,500 441,500
Water System 143,000 143,000
Sanitary Sewer 70,000 70,000
Electrical 66,000 66,000
Landscaping & Irrigation 303,000 303,000
Monumentation 7.000 0
Construction Subtotal: $1,277,500 $1,270,500
Engineering & Plans (20% of Construction) 255,500
No -Plans Contingency (25% of Project) 383,000
Total: $1,916,000
-4
ROUGH GRADING
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
Executed in One (1) Original
Bond _SD00079652
Initial Premium $ 4,446.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY. 4250 Executive Square, Suite 200,
La Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), in the penal
sum of Two Hundered Forty Seven Thousand Dollars and 00/100 dollars ($247.000.00) lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
�B�iane M. Nielsen, Attorney -in -Fact
42 0 Executive Square, #200
DiC�2f Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club, Drive Suite B-401
Palm Desert, California 92211-0449
PF SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
ROUGH GRADING (CALIFORNIA)
Executed in One (1) Original
Bond SD00079652
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co A California
Limited Partnership., (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract 28525, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Forty Seven Thousand
Dollars and No/100 dollars ($247.000.00), for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in addition to the face
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included
in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on Augur 1999.
LIMI I tU PARTNERSHIP _FRONTIER PACIFIC INSURANLE COMPANY
Principal '�-
BA, yk/,�
—(1,-Viane M. Nielsen, Attorney -in -Fact
4250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
STREETS & STORM DRAINAGE
Executed in One (1) Original
Bond SD00079653
Initial Premium $ 7,947.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY 4250 Executive Square #200 La
Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), in the penal
sum of Four Hundred Forty One Thousand Five Hundred Dollars andNo/100 dollars ($441,500.00) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 199k.
,IMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal A40-A 1n
lane M. Nielsen, Attorney-in-Fact
�G� 4250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
STREETS &STORM DRAINAGE (CALIFORNIA)
Executed in One (1) Original
Bond 8D00079653
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co A California
Limited Partnership (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated April. 1999, and identified as
project Tract 28525, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Hundred Forty One Thousand Five
Hundred Dollars and No/100 dollars ($441.500.00), for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by city in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
LIMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal
iane M. Nielsen, Attorney -in -Fact
4250 Executive Square, #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
WATER SYSTEM
Executed in One (1) Original
Bond SD00079654
Initial Premium $ 2,574.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY 4250 Executive Square #200 La
Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), iaee"), in the penal
sum of One Hundred Forty Three Thousand Dollars and No/100 dollars ($143.000.00) lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
-IMITED PARTNERSHIP. FRONTIER PACIFICI`NSURANCE COMPANY
Principal
4in�eAMNielsen, Attorney -in -Fact
4250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
TEM
Executed in One (1) Original
Bond SD00079654
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract 28525, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Hundred Forty Three Thousand
Dollars and No/100 dollars ($143.000.00), for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in addition to the face
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included
in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
.IMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal
By
lane M. Nielsen, Attorney -in -Fact
4250 Executive Square 3200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
SANITARY SEWER
Executed in One (1) Original
Bond SD00079655
Initial Premium $ 1,260.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY, 4250 Executive Square. #200. La
Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal
sum of Seventy Thousand Dollars and No/100 dollars ($70,000.00) lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta. its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness yvhereof, this instrument has been duly executed by the principal and surety above named, on August 9, 1999
LIMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal M �
iane M. Nielsen, Attorney -in -Fact
250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
SANITARY SEWER
Executed in One (1) Original
Bond SD00079655
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated., 19, and identified as project
Tract 28525, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Seventy Thousand Dollars and No/100
dollars ($70.000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said surety will pay, the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 19,E
-IMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal
Bye I i L It uzywl
-4 Diane M. Nielsen, Attorney -in -Fact
7 4250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
ELECTRICAL
Executed in One (1) Original
Bond SD00079656
Initial Premium $ 1,188.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY, 4250 Executive Square. #200. La
Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), in the penal
sum of Sixty Six Thousand Dollars and No/100 dollars ($66.000.00) lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta. its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1929
LIMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal �
BC::)(&e A Y?
ne . Nielsen, Attorney -in -Fact
4250 Executive Square #200
j La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
ELECTRICAL
Executed in One (1) Original
Bond SD00079656
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership.. (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract 28525, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Sixty Six Thousand Dollars and No/100
dollars ($66,OOOM. ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Act with respect to such work or labor, that said surety will pay, the same in an amount not exceeding the
amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in addition to the face amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999..
-IMITED PARTNERSHIP. FRONTIER PACIFICINSURANCE COMPANY
Principal
)1?
)JUAV----
Diane M. Nielsen, Attorney -in -Fact
250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
LANDSCAPE & IRRIGATION
Executed in One (1) Original
Bond SD00079657
Initial Premium $ 5,454.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY 4250 Executive Square #200 La
Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal
sum of Three Hundred Three Thousand Dollars and No/100 dollars ($303.000.00) lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta. its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August t 1999.
]MITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal
B
Diane M. Nielsen, Attorney -in -Fact
4250 Executive Square #200
M�/ ��Aa Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
LANDSCAPE & IRRIGATION
Executed in One (1) Original
Bond SD00079657
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership.. (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract 28525, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred Three Thousand Dollars
and No/100 dollars ($303.000.00), for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an amount not
exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in addition to the face
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included
in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
AUt. LIMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal
By
iane M. Nielsen, Attorney -in -Fact
4250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
MONUMENTATION
Executed in One (1) Original
Bond SD00079658
Initial Premium $ 126.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership.. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY. 4250 Executive Square #200. La
Jolla. CA 92037, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal
sum of Seven Thousand Dollars and No/100 dollars (7. 0. ) lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
11TED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
ncipal
B
Q WAP YI/ Id ddz- --,,
Diane M. Nielsen, Attorney -in -Fact
/ /50 Executive Square #200
a Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
I a
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
tN(j1NttKIN(3-& FLANS (ZO% OF CONSTRUCTION
Executed. in One (1) Original
Bond SD00079659
Initial Premium $ 4,599.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY 4250 Executive Square #200 La
Jolla. CA 92137, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal
sum of Two Hundred Fifty Five Thousand Five Hundred Dollars and No/100 dollars ($255.500.00) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
-IMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal M VU1Pk--1-/
B
Diane M. Nielsen, Attorney -in -Fact
4250 Executive Square #200
La Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
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 cant' out the completion of the Improvements
are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by
any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the
funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written
demand need not present documentation of any type as a condition of payment, including proof of loss. The
duration of any such letter of credit shall be for a period of not less than one year from the execution of the
agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from
the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues,
and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an
appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the
Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the
California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust
company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the
Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly
authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the
amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate
security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as
otherwise set forth in Exhibit A.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver
of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different
form and/or source (surety or financial institution) of security initially submitted and for substitution of securities
but shall not be required for submittal of warranty security if the warranty security is of the same form and from
the same source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial
institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).
C:\Corel\WP\TRACTS\Agreements\28525.sia Page 2 of 6
, J ) 1
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)'
NU -FLANS GUN I INGENGY (25% OF PROJECT)
Executed in One (1) Original
Bond SD00079660
Initial Premium $ 6,894.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Stamko Development Co.. A California
Limited Partnership., (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , 19, and identified as project
Tract No. 28525 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and FRONTIER PACIFIC INSURANCE COMPANY. 4250 Executive Square. #200. La
Jolla. CA 92137, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), igee'), in the penal
sum of Three Hundred Eighty Three Thousand Dollars and No/100 dollars ($383.000.00) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on August 9. 1999.
-IMITED PARTNERSHIP. FRONTIER PACIFIC INSURANCE COMPANY
Principal
iane M. Nielsen, Attorney -in -Fact
4250 Executive Square #200
O �a Jolla, CA 92037
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite B-401
Palm Desert, California 92211-0449
OUTSTANDING BOND REPORT
Name: Stamko Development Co.
r
Tract No. 28525-2
Date of Contract: July 28, 1999
Required Bond Amounts:
Grading
$ 247,000
Streets/Drainage
$441,500
Water
$143,000
Sewer
$ 70,000
Electrical
$ 66,000
Landscaping
$ 303,000
Monumentation
$ 7,000
Engineering & Plans
$255,500
No -Plans Contingency
$ 383,000
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
Bond No.
$247,000
SD00079652
$ 247,000
same
$441,500
SD00079653
$441,500
same
$143,000
SD00079654
$143,000
same
$ 70,000
SD00079655
$ 70,000
same
$ 66,000
SD00079656
$ 66,000
same
$303,000
SD00079657
$ 303,000
same
$ 7,000 SD00079658
$255,500 SD00079659
$383,000 SD00079660
performance/labor
(same)
(same)
(same)
(same)
(same)
performance only
performance only
performance only
Date Cancelled/Released:
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
.,_70p9e q,,,e � d,ty j r,
AND WHEN RECORDED MAIL O:: T,,1
G�jfy � �� v�n(Q
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DOC a 2002-040462
11/06/2002 08:00A Fee:NC
Page 1 of S
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk 8 Recorder
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ACR 238-02 (REV 03/02)
RESOLUTION NO. 2002-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AUTHORIZING AN EXCEPTION
TO THE VEHICULAR ACCESS RESTRICTION SHOWN ON
PARCEL MAP 28525-2 ON FILE IN BOOK 194, PAGES 72
THROUGH 75, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, ALONG A PORTION OF THE HIGHWAY 111
FRONTAGE OF LOT B.
WHEREAS, the City Council imposed a vehicular access restriction along specific
portions of the Highway 111 frontage of Lot B of Parcel Map 28525-2 when it
conditionally approved Tentative Parcel Map 28525-2 on August 3, 1999, and
WHEREAS, the City Council conducted a public hearing on March 19, 2002,
regarding Site Development Permit 2002-728 for the Super Wal-Mart development in
which the traffic circulation plan proposed two (2) driveways, the driveway on the
west side is for an ingress only and the one on the east side is for both ingress and
egress (for vehicles accessing Lot B from Highway 1 1 1) crossing the restricted access
area, and
WHEREAS, having heard no opposition to the proposed traffic circulation plan
at the public hearing, the City Council adopted Resolution 2002-41 that conditionally
approves Site Development Permit 2002-723 allowing ingress only on the west
driveway and ingress/egress on the east driveway as proposed pursuant to Condition
# 9.A. of the conditions of approval requiring the Applicant to provide documentation,
as needed, to support a subsequent City Council action that acknowledges and
perfects the newly approved access driveway location.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. Ingress access only for the westerly driveway, and ingress/egress
access for the easterly driveway as approved for Site Development Permit 2002-728
and as shown on Exhibit "A" and "B" attached hereto, is an authorized exception to
the access restriction shown on Parcel Map 28525-2 along a portion of the Highway
111 frontage of Lot B.
SECTION 2. The access authorization shall not be construed as a perpetual
access exception to the restriction shown on Lot B. The access authorization shall be
terminated when the land uses authorized by Site Development Permit 2002-728 are
no longer valid.
IN "�w°u-
Resolution No. 2002-124
Vehicular Access Restriction
Parcel Map 28525-2
Adopted: August 6, 2002
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 6th day of August, 2002, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
sl,� -q7-y' -
JU . GREEK, CMC, City rk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. KATHER E JENSO , City Attorney
City of La Quinta, California
JOHNJ� PEN, Mayor
City o a Qui ta, California
This Is to ewft that thr toMOMV IS a
tulk true and correct copy of the original -1
document Containing _?_ Pages;
which is on fife in the office of the City
Clerk of the City of La Quinta, California
Dated:
J Greek. CMC/AAE
City CW*
EXHIBIT "A"
LEGAL DESCRIPTION
VACATION OF THE RELINQUISHMENT OF ACCESS TO HIGHWAY I I I ACROSS
THAT PORTION OF LOT "B" AS SHOWN ON PARCEL MAP NO. 28525-2 ON FILE IN
BOOK 194, PAGES 72 THROUGH 75, INCLUSIVE OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT `B";
THENCE SOUTH 82021'04" EAST ALONG THE NORTH LINE OF SAID LOT "B", A
DISTANCE OF 267.60 FEET TO THE BEGINNING OF THE VACATION OF THE
RELINQUISHMENT OF ACCESS;
THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 82021'04" EAST, A
DISTANCE OF 30.04 FEET TO END OF THE VACATION OF THE RELINQUISHMENT
OF ACCESS;
THENCE SOUTH 82021'04" EAST, A DISTANCE OF 88.50 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 5070.00
FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 07°38'56"
EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF
164.16 FEET THROUGH A CENTRAL ANGLE OF 01051' 18" TO THE BEGINNING OF
THE VACATION OF THE RELINQUISHMENT OF ACCESS;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF
53.65 FEET THROUGH A CENTRAL ANGLE OF 00036'23" TO THE END OF THE
VACATION OF THE RELINQUISHMENT OF ACCESS.
AS SHOWN ON ATTACHED EXHIBIT "B", BY THIS REFERENCE BEING MADE A
PART HEREOF.
date:
Expires 06/30/04
THE KEITH COMPANIES, INC.
41-865 Boardwalk, Suite 101
Palm Desert, CA 92211
(760) 346-9844
Sip LAND
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No. 6697
Exp, 06/30/04
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