28838-1 KSL Land 98CITY OF LA Q UI,1TA ORIC-71NAL
SUBDIVISION IMPROVEMENT AGREEMENT o?.
OFF -SITE IMPROVEMENTS
TRACT 28838-1
THIS SUBDIVISION IMPROVEMENT AGREEMENT for OFF -SITE IMPROVEMENTS (the "Agreement") is made
and entered into this day of S QP6Pm be r 1998, by and between KSL Land Corporation, a Delaware
Corporation, hereinafter referred to as "Developer," and the City of La Quinta, a municipal corporation of the State
of California, hereinafter referred to as "City."
RECITALS:
A. Developer has subdivided a portion of Specific Plans 83-002 and 90-017, as amended, which require
certain development -wide public infrastructure improvements.
B. Developer has conveyed said portion of Specific Plans 83-002 and 90-017 to Rielly Homes Madison, LLC,
a Delaware Limited Liability Company, hereinafter referred to as "Subdivider."
C. Subdivider has prepared and filed a final map (the "Map") of a unit of land in the City of La Quinta, County
of Riverside, which unit of land is known as Tract 28838-1 (the 'Tract") pursuant to the provisions of Section 66410,
et sec. of the California Government Code (the "Subdivision Map Act").
D. Prior to approval of the Map, Subdivider is required to install or agree to install certain public off -site
improvements (the "Improvements").
E. Developer has agreed to assume Subdivider's responsibility for installation of the Improvements, as
required by Specific Plans 83-002 and 90-017, as amended, and the Map.
F The Improvements have not been installed and accepted at this time.
G. It is therefore necessary that Developer 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. Developer shall furnish original improvement plans meeting the requirements of the
City Engineer.
2. Improvements. Developer shall construct the public street, drainage, utility, landscaping, and other off -site
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 Developer, hereinafter referred to as "performance security,"
shall assure the faithful performance of this Agreement including construction of the Improvements, payment of
Developer'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
Developer, 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 Developer,
hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a
period of one year following the completion and acceptance of the Improvements. Developer shall furnish
performance and payment security per the security schedule identified on Exhibit A attached hereto and made a
part hereof. Developer 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.
KSL Land Corporation — Tract 28838-1 Page 1 of 6
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, including engineering design if the improvement plans were
not complete at the time this agreement was made.
B. Improvement security shall conform with Section 66499 of the California Government Code and one
or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code,
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment
reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements
of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of
the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available
pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not
present documentation of any type as a condition of payment, including proof of loss. The duration of any such
letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is
provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City
authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to
allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues,
and profits thereof. The collateral value of the property shall be established at Developer'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 Developer 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, Developer 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:
KSL Land Corporation — Tract 28838-1 Page 2 of 6
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4)
of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution,
the administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real property and administer
the agreements over the life of the lien, all of which require legal assistance and financial advice, Developer 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 Developer, or until Developer pays to City the estimated cost of the Participatory Improvements, and shall
guarantee the reimbursement by Developer of Developer'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, Developer shall deposit cash with City in lieu of or in replacement of security
guaranteeing Participatory Improvements. If Developer fails to deposit said cash within 30 days of the date of the
written demand from City, City may present a written demand to Developer's Surety for payment of said cash and
Developer'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 Developer. 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 Developer of Developer's
share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City
receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year
warranty period, there are one or more outstanding requests by City for performance of work or provision of
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Developer has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Developer 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 Developer or City, Developer shall use its best efforts
purchase such real property at a reasonable price. In the event that Developer is unsuccessful, despite its best
KSL Land Corporation — Tract 28838-1 Page 3 of 6
efforts, to acquire such real property at a reasonable price, Developer 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 Developer. If City so agrees, City and Developer shall enter a separate written agreement in a form acceptable
to the City Attorney. Said separate agreement shall provide that Developer 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 Developer. Any additional funds required for acquisition of the real property shall be paid by
Developer to City upon the conveyance of said real property to Developer. In no event shall the failure of Developer
or City to acquire such real property excuse, waive, or otherwise terminate Developer's obligation to construct the
applicable improvement pursuant to this Agreement or the Conditions of Approval.
6. Completion of Improvements. Developer 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 Developer 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 Developer 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 Developer's obligations hereunder.
7. Force Majeure. In the event that Developer is unable to perform within the time limits herein due to strikes,
act of God, or other events beyond Developer's control, the time limits for obligations affected by such events will
be extended by the period of such events.
8. Time Extension. Developer 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, Developer shall fumish 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, Developer 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. Developer 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, Developer shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Developer'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 Developer 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,
Developer 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 dearly 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.
KSL Land Corporation — Tract 28838-1 Page 4 of 6
12. Improvement Warranty. Developer 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 Developer 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 Developer 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
Developer 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. Developer 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 Developer'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.
KSL Land Corporation — Tract 28838-1 Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
iomas P. Genovese, City Manager
AIT:
Clerk
Developer:
By:
Title:
By:
Title:
Reviewed and Approved:
ity Engineer
Approved as to Form:
Cily Attorney
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
'7-a el— 70
Date
KSL Land Corporation
55-920 PGA Boulevard
La Quinta, CA 92253
(760) 564-1088
3
Date
Date
eorlz Z' / 7 e
Date
q/;- � l q 8
Date
KSL Land Corporation — Tract 28838-1 Page 6 of 6
Exhibit A
TRACT 28838-1
OFF -SITE IMPROVEMENTS SECURITY
Off -Site Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Developer may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract
and shall not reduce total performance security below the amount necessary to complete the Improvements plus
ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be
granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount
of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council
Off -Site Improvement Description
Performance
Labor & Materials
Grading
$285,523
$285,523
Street & Drainage Improvements
$1,544,755
$1,544,755
Perimeter Improvements
$1,212,820
$1,212,820
Domestic Water
$183,195
$183,195
Sanitary Sewer
$611,469
$611,469
Underground Electrical
$427,000
$427,000
Traffic Signal Improvements (Participatory):
Madison St. & Airport Blvd. (25% share)
$31,250
$0
Madison St. & Main Entry (50% share)
$62,500
$0
Landscaped Median Improvements (Participatory):
Airport Boulevard (50% share)
$176,813
$00
Totals:
$4,535,325
$4,264,762
STATE OF CALIFORNIA
) ss.
COUNTY OF Kl OeY S, d e,
1
On a - 3 - `� , before me-,: ' A 0 Ab K
Name, Tifle, e.g., Jane D e, Notary Publi
personally appeared k1r� 4')e_,khT-ey-
personally known to me -- OR --
JUDITH A. MC NAVY
,Sol
Coen. # W656
utwic
WE COON Y
V Comm. Expires APR 11. NN
Name(s) of Signer(s)
❑ proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal.
OPTIONAL
M Vb
gna ure of Notary
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: DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
Corporate Officer:
if U I S ( 6 lJ TM 00 UP nt PA)V-
Title(s) it a or Tlype of Document
❑ Partner(s): ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
Number o ages
Date of Document
SIGNERS
(Other than named above)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
�F (CALIFORNIA)
' One (1) Original Bond 513565 S
Initial Premium
for two years subject to renewal
State of nd KSL Land Corporation, (hereinafter
REAS, The City Council of the City of La Quinta, California,,
nated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
desig public ublic improvements, which said agreement, dated September 1998, and identified as project
TMct 28838-1 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Two Hundred Eighty
Five Thousand Five Hundred Twenty Three and Noll 00 dollars ($285,523.00) 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 attorneys 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 September 14,
1998.
KSL LAND CORPORATION "` " `
4 Principal —�"—
B Atc
nette McCulloch, Attorney -in -Fact
780 Fitch
Irvine, CA 92714
r.
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
Bond 513565 S
Premium included in performance bond
Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter
all, have entered into an agreement whereby Principal agrees to install and complete certain
covements, which said agreement, dated September 1998, and identified as project
iv referred to and made a part hereof; and
'terms of said agreement, principal is required before entering upon the performance of the work, to
cient payment bond with the City of La Quinta to secure the claims to which reference is made in
a with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
id principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
rs, subcontractors, materialmen and other persons employed in the performance of the aforesaid
referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Eighty Five Thousand
Twenty Three and No/100 dollars ($285.523.00), for materials furnished or labor thereon of any kind,
due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay,
an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's
nvd, by city in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as
to be included in the judgment therein rendered.
expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies
rations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil
`so as to give a right of action to them or their assigns in any suit brought upon this bond.
the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
main in full force and effect.
surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
ment or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it
s hereby waive notice of any such change, extension, alteration or addition.
;n witness whereof, this instrument has been duly executed by the principal and surety above named, on September 14,
1998.
KSL LAND CORPORATION DEVELOPERS INSURANCE COMPANY
X Principal
By r &ZLI'ad
eanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
& Drainage Improvements
;ed in One (1) Original
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
Bond 513566 S
Initial Premium $ 15,448.
for two years subject to renewal
city Council of the City of La Quinta, State of California, and KSL Lanastall and clop, k vs-
designatedas "Principal") have entered into an agreement whereby
termberal agrees 998n and identified as project
designated public improvements, which said agreement, dated�p
Tract 28838-1 , is hereby referred to and made a part hereof; and
Whereas, Said principal
ci al is required under the terms of said agreement to furnish a bond for the faithful performance of
said agreement.
e the principal and DEVELOPERS INSURANCE COMPANY„17780 Fitch 11 sum of One Million Five y
Now, therefore, w p P in the
are held firmly bound unto the city of La Quinta hereinafter co�100 dolbars�(,�1� 544 755.00) lawful money of the United
Hundred Fort Four Thousand Seven Hundred Fift Five and N
States, for the payme
nt 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.
his or its heirs, executors, administrators,
The condition of this obligation is such that if the above bounded principal,and abide by, and well and truly keep and perform the covenants,
successors or assigns, shall in all things stand to
n his
conditions and prov
isions in the said agreement and any alteration thereof made as therein provided,
rovide , oto their true intent
to be kept and performed at the time and in the mar t
nner therein specified,
ats officers, agents and employees, as therein
and meaning, and shall indemnify and save tiarll a I� void; totherwise it shall be and remain in full force and effect.
stipulated, then this obligation shall become n
inclu
As part of the obligati
on secured hereby and in addition to the face amount specified therefore: there successful be
cng
costs and reasonable expenses and fees including reasonable attorney's fees,
incurred by city in
ly
such obligation, all to be taxed as costs and included in any judgment e
stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
The surety hereby p
in
se
agreement or
to the work to be performed thereunder or the specifications accompanying extens on of time,llalteration' or
affect its obligations on this bond, and it does hereby waive notice of any such change,
addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, th
is instrument has been duly executed by the principal and surety above named, on September 14,
1998.
DEVELOPERS INSURANCE COMPANY
KSL LAND CORPORATION principal
B
nette McCulloch, Attorney -in -Fact
7780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services Coachella Valley
77564 County Club
of
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
inage Improvements
One (1) Original
Bond 513566 S
Premium included in performance bond
1KHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1, 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 Million Five Hundred Forty Four
Thousand Seven Hundred Fifty Five and No/100 dollars ($1,5 755.00), 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 September 14,
1998.
KSL LAND CORPORATION
Principal
DEVELOPERS INSURANCE COMPANY
B
Jeanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
1provements
One (1) Original
Bond 513567 S
Initial Premium
for two years subject to renewal
FHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY.-
OMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Million Two
Hundred Twelve Thousand Eight Hundred Twenty and No/100 dollars ($1,212,820.00) 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 September 14,
1998.
KSL LAND CORPORATION
Principal
DEVELOPERS INSURANCE COMPANY
BY
nette McCulloch
, Attorney -in -Fact t780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
1provements
One (1) Original
Bond 513567 S
Premium included in performance bond
-WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1, 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 Million Two Hundred Twelve
Thousand Eight Hundred Twenty and No/100 dollars ($1.212,820.00), 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 September 14,
1998.
KSL LAND CORPORATION
Principal
DEVELOPERS INSURANCE COMPANY
By
eanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
One (1) Original
Bond 513568 S
Initial Premium $ 1,832.
for two years subject to renewal
HEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY, 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Hundred Eighty
Three Thousand One Hundred Ninety Five and No/100 dollars ($183.195.00) 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 September 14,
1998,
KSL LAND CORPORATION
Principal
21,
DEVELOPERS INSURANCE COMPANY
anette McCulloch, Attorney -in -Fact
7780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
One (1) Original
Bond 513568 S
Premium included in performance bond
CgEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation (hereinafter
nated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated _ September 1998, and identified as project
Tract 28838-1, 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 Eighty Three Thousand
One Hundred Ninety Five and No/100 dollars ($183.195.00), 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 September 14,
1998.
KSL LAND CORPORATION
• Principal
DEVELOPERS INSURANCE COMPANY
By
Jeanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
in One (1) Original
Bond 513569 S
IF Initial Premium
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Six Hundred Eleven
Thousand Four Hundred Sixty Nine and No/100 dollars ($611.469.00) 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, 'ointl
and severally, firmly by these presents. y
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 September 14
1998.
KSL LAND CORPORATION
'Name Principal
DEVELOPERS INSURANCE COMPANY
B ��t► a 1-11-1 hi, /'., IAA-rg
adanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
One (1) Original
Bond 513569 S
Premium included in performance bond
l'HEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation. (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1, 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 Six Hundred Eleven Thousand Four
Hundred Sixty Nine and No/100 dollars ($611,469..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 September 14,
1998.
KSL. LAND CORPORATION
Principal
DEVELOPERS INSURANCE COMPANY
By
eanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
4.p
FAITHFUL PERFORMANCE
(CALIFORNIA)
11rectrical
One (1) Original
Bond
Initial Premium
for two years
Fes
REAS, The City Council of the City of La Quinta, State of California, and KSL Land CorporetM
Hated as "Principal") have entered into an agreement whereby Principal agrees to install and com
1998, and identified es
designated public improvements, which said agreement, dated September ,
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee ), in the penal sum of Four Hundred Twenty
Seven Thousand and No/100 dollars (1427,000.00) 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 attorneys fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
p
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 September 14,
1998.
KSL LAND CORPORATION DEVELOPERS INSURANCE COMPANY
Principal
B
ZA�041111 Anette McCulloch, Attorney -in -Fact
t—/ Oro-780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
Electrical
One (1) Original
Bond 513570 S
Premium included in performance bond
EREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1, 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 Twenty Seven
Thousand and No/100 dollars ($427,000.00), 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 September 14,
1998.
KSL LAND CORPORATION DEVELOPERS INSURANCE COMPANY
- Principal ----
By
a440014�7 e44p�� eanette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
rnal Improvements: Madison St. & Airport Blvd
in One (1) Original
Bond 513571 S
Initial Premium $ 313.
FHEREAS, L The City Council of the City of La Quinta, State of California and KS for two years subject to renewal
Land CorQoration (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obli ee"), in the penal sum of Thirtv One Thousand
Two Hundred Fiftv and No/100 dollars ($31.250.00) 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 September 14
1998.
KSL LAND CORPORATION
Principal
0114
DEVELOPERS INSURANCE COMPANY
B
anette McCulloch, Attorney -in -Fact
7780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
anal Improvements - Madison St. & Main Entry
in One (1) Original
PF Bond 513572 S
Initial Premium $ 625.
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated September 1998, and identified as project
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of _Sixty Two Thousand
Five Hundred and No/100 dollars 62 500.00) 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 September 14,
1998.
KSL LAND CORPORATION
Principal
DEVELOPERS INSURANCE COMPANY
By ��e . Ad6,1-1,
anette McCulloch, Attorney -in -Fact
7780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
sd Median Improvements -Airport Boulevard
in One (1) Original
Bond 513573 S
Initial Premium
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated Se tember , 1998, and identified as project
Tract 28838-1 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obli ee"), in the penal sum of One Hundred
Seventy Six Thousand Eiaht Hundred Thirteen and No/100 dollars ($176.813.00) 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 September 14
1998.
KSL LAND CORPORATION
Principal
DEVELOPERS INSURANCE COMPANY
r
G!e �ette McCulloch, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
OUTSTANDING BOND REPORT
Name: KSL Land Corporation
Tract No. 28838-1
Date of Contract: September 15, 1998
Required Bond Amounts:
Grading
$
285,523
Street/Drainage
$1,544,755
Perimeter
$1,212,820
Water
$
183,195
Sewer
$
611,469
Electrical
$
427,000
Signal/Madison & Airport $
31,250
Signal/Madison & Entry
$
62,500
Landscaped Median
$
176,813
Dates of Bond Reductions:
Outstanding Bonds:
Amount: Bond No.
$ 285,523
513565S
$ 285,523
same
$1,544,755
513566S
$1,544,755
same
$1,212,820
513567S
$1,212,820
same
$ 183,195
513568S
$ 183,195
same
$ 611,469
513569S
$ 611,469
same
$ 427,000
513570S
$ 427,000
513570S
$ 31,250
513571S
$ 62,500 513572S
$ 176,813 513573S
performance/labor
(same)
(same)
(same)
(same)
(same)
performance only
performance only
performance only
Date Cancelled/Released: