Loading...
29586 Century Crowell CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Tract 29586 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ~..~; ~"//' day of ~'~.~P ~'~,'~ ~ ,".r" ,2000, by and between Duna Fairways L L C, a California Limited Liability Co.,'by Century Crowell Communities L P, a California Limited Partnership its managing member Century Homes Communities, a California Corporation its General Partner, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 29586 (the "TraCt") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A" and "B", 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 secudty to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security pdor 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 secudty 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. T:\PWDEPT~STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Page 1 of 6 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 govemment and having a financial quality rating of"A" or better and a commitment reliability rating of "1:{-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 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, 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). T:\PWDEPT~STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Page 2' of 6 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 wdtten 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 wdtten 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 secudty 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 secudty as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits 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 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. T:\PWDEPT~STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Page 3 of 6 6. Com~31etion 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 cleady marked with the words "As-Built," "As-Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 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 Ri.qht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after wdtten notice of default from City, then City may perform the obligation, T:\PWDEP'~STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severabilitv. 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. T:\PWDEPT~STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Page 5 of 6 Exhibit A SECURITY- TRACT 29586 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation secudty 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" secudty will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No-Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or 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 separate from and in addition to the reductions discussed below. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) 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. Improvement Description Performance Labor & Materials Grading (On-site) 33,000 33,000 Streets & Storm Drainage (On-site) 292,851 292,851 Domestic Water 130,700 130,700 Sanitary Sewer 34,660 34,660 Perimeter & Geo-grid Walls 452,720 452,720 Dry Utilities/Electrical 52,704 52,704 Monumentation 5,000 0 Construction Subtotal: $1,001,635 $1,001,635 Engineering & Plans (20% of Construction) 200,327 No-Plans Contingency (25% of Project) 300,490 Total: $1,502,452 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager Date ATTEST: SUBDIVIDER: Duna Fairways L L C Century-Crowell Communities, a California Limited Partnership 1535 South 'D' Street, Suite 200 San Bernardino, Ca. 92408 (909) 381-6007 ~ _~ September 26, 2000 By: JJ,~ ~ ~- ~ Date Title:~y' Weintraub Asst. Sect. By: Date Title: Reviewed and Approved: ~.,,-- ,--~r.. ,,~ ~ City_Engineer ~ Date Approved as to Form: CMEorney[~A - ~[~ ~ ~ Date T:\PWDEPT\STAFF\LINDSEY\TRACTS\29586\S I Agreement.wpd Page 6 of 6 NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION On May 31, 2000, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California: SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P., a California limited partnership ("Century Crowell"); WHEREAS, Century. Crowell was formed for the purpose of acquiring land and developing same with single family' homes; WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that ownership in each Century Crowell project ("Project") be vested in a limited liability, company or limited partnership ("Project Entity"); WHEREAS, primary responsibility for management of the Projects has been delegated to the corporation's Project Managers, who are Kenny Felkel, Marry Butler, Ed Knight and Dave Cooper. RESOLVED, that in connection with the development of-any Project, any Project ,.x,.!a_qager (or GaN' Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, and as general contractor to the Projects, any and all documents in connection with plan checks, permits, entitlements, and all other documents relating to city, coun .ty, water district and other governmental agency actions respecting the Projects. RESOLVED, that in connection with the development of any Project, Gary Weintraub, as Vice President, or David J. Miller, as Assistant Secretary,, are authorized to sign on behalf of the Corporation, as General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety bonds, and all documents relating to same, in connection with the Projects. RESOLVED, that Joyce Montgomery or David J. Miller are authorized to sign on behalf of the Corporation, as general partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project · Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public Report for the Projects. RESOLVED, that copies of these Minutes may be provided to any person or public agency requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY. .Ali Directors were present and unanimously consented to the above. DATE' May 31. 2000 A/~TEST: J~Tn W. Pavelak, President ' Erncs O. incent, Assistant Sccretap,, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO On this 26th day of September, 2000 before me, Doris A. Benoit, Notary Public, personally appeared Gary Weintraub. Assistant Secretary for Duna Fairways. LLC.. a California limited liability company. By: Century Crowell Communities. LP.. a California limited partnership. R.y: Centurv Homes Communities. a California Corl;)oration. Its: General Partner, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and opfficial seal. Signature of Notary Public ~his area for Official Noaarial Seal , {~ DORISA. BENOIT ** COMMISSION #1141764 -!- NOTARY PUBLIC-CAMFORNIA SAN BERNARDINO COUNTY My Com~. i~sio~ Ex,itel JUNE 13. 2001 SUBDIVISION IMPROVEMENT AGREEMENT (6 PAGES- DATED 9~26~00) BOND NO.: BE0930032 INITIAL PREMIUM: $825.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Grading - On Site) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Thirty Three Thousand and no/100***($ 33,000.00***) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC . a California Gulf Insurance Company limited liability company BY: CENTURY CROWELL CO. UNITIES, LP, BY: c_. a Cal i forni a 1 imi ted partnership David C. Banfer, Attorney-in-Fact ITS: Hanagin§ Member 101 West Broadway Suite 700 BY: CENTURY HOLIES COIqMUNITIES, a SanDiego, CA 92101-8208 Cai i forni a corporati on ITS' General Partner BY: ry/W~ .~ra/,~~ ~ Ga ub, Vice President 1535~uth "D' Street, Ste.200 San Bernardino, CA 92408 BOND NO:BE0930032 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND (Grading - On Site) KNOW ALL MEN BY THESE PRESENTS: That we Duna Fairways LLC, as Principal, and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Thirty Three Thousand and no/100 ($33,000.00) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of La Quinta, CA, as Obligee for the improvements in the subdivision designated as Duna Fairways - Tract 29586 as required be the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, CA, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a (;al ifornia GULF INSURANCE COMPANY 1 imited 1 iability company ~ By:(;ENTURY (;ROWELL CO. UNITIES, LP, BY: ~ a Cai ifornia 1 imited partnership David C. Banfer, Atto~'rney-in-Fact ITS: Managing Member 101 West Broadway, Suite 700 BY: (;ENTURY HOHES (;01~IUNITIES, a San Diego, CA 92101-8208 (;al ifornia corporation ITS: GENERAL PARTNER BY- ',ragul~ Vice President BOND NO.: BE0930033 INITIAL PREMIUM: $7,321.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Streets & Storm Drain - On Site) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Two Hundred Ninety Two Thousand Eight Hundred Fifty One and no/100'**($292,851.00'**) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a California Gulf Insurance Company l imi ted 1 i abi 1 i ty company CENTURY CROWELL COMMUNITIES, LP, ~ ~YCalifornia limited partnership BY: ~-~ _ ITS: Managing Member David C. Banfer, Attorney-in-Fact BY: CENTURY HOMES COI~qUNIIIES, a 101 West Broadway Suite 700 California corporation SanDiego, CA 92101-8208 ITS: GENERAL PARTNER / BY' ?~~~- traub, Vice President BOND NO:BE0930033 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND (Streets & Storm Drain- On Site) KNOW ALL MEN BY THESE PRESENTS: That we Duna Fairways LLC, as Principal, and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Two Hundred Ninety Two Thousand Eight Hundred Fifty One and no/100 ($292,851.00) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of La Quinta, CA, as Obligee for the improvements in the subdivision designated as Duna Fairways - Tract 29586 as required be the Government Code of Cali£ornia. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of' CalifOrnia as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, CA, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a Cali forni a GULF INSURANCE COMPANY 1 imi ted l i abi l i ty company BY: CENTURY CROWELL CO. UNITIES, LP, BY: a California 1 imited partnership David C. Banfer,~kttorhey-in-Fact ITS: Hana§ing Member 101 West Broadway, Suite 700 BY: CENTURY HOMES COI~UNITIES, a SanDiego, CA 92101-8208 Cml i forni a corporati on ITS: GENERAL PARTNER BY: ~ ~ G r~ub, Vice President BOND NO.: BE0930034 INITIAL PREMIUM: $3,268.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Domestic Water) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of One Hundred Thirty Thousand Seven Hundred and no/100'**($130,700.00'**) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a Cali fo rni a Gulf Insurance Company 1 imited 1 iability company BY: CENTURY CROWELL COI~UNITIES, LP, BY: & a Cai ifornia Iimited partnership David C. Banfer, Attorney-in-Fact ITS' ~lanaging Member 101 West Broadway Suite 700 BY' CENTURY HOMES COI~UNITIES, a SanDiego, CA 92101-8208 Cali forni a corporati on ITS' General Partner Ga~'y~Wefntraub, Vice President 1536KSouth "0" Street, Ste.~?O0 San Bernardino, CA 92408 BOND NO:BE0930034 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND (Domestic Water) KNOW ALL MEN BY THESE PRESENTS: That we Duna Fairways LLC, as Principal, and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of One Hundred Thirty Thousand Seven Hundred and no/100 ($130,700.00) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of La Quinta, CA, as Obligee for the improvements in the subdivision designated as Duna Fairways - Tract 29586 as required be the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for thc improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, CA, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a (;al ifornia GULF INSURANCE COMPANY 1 imi ted 1 i abi 1 i ty company ~y~ BY: CENTURY CROWELL COMMUNITIES, LP, BY: ~ a Cali fornia 1 imi ted partnership David C. Banfer, Attorney-in-Fact ITS: Managing blember 101 West Broadway, Suite 700 BY: CENTURY HOMES C0b~UNITIES, a SanDiego, CA 92101-8208 Cali forni a corporati on ITS: GENERAL PARTNER BY ~ ~ ~~ n~raub, Vice President BOND NO.: BE0930035 INITIAL PREMIUM: $867.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Sanitary Sewer) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Thirty Four Thousand Six Hundred Sixty and no/100'**($34,660.00'**) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3Ta day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a California Gulf Insurance Company limited l iability company BY: CENTURY CROWELL COMMUNITIES, LP, BY: ~ a Cai ifornia 1 imited partnership David C. Banfer, Attorney-in-Fact ITS' Managing Member 101 West Broadway Suite 700 BY: CENTURY HOMES C0~UNITIES, a SanDiego, CA 92101-8208 Cali forni a corporati on ITS: General Partner Gary~l~ei~r~ul~, V i ce Pres i dent 153§~th 'mD" Street, Ste.200 San Bernardino, CA 92408 BOND NO:BE0930035 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND (Sanitary Sewer) KNOW ALL MEN BY THESE PRESENTS: That we Duna Fairways LLC, as Principal, and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Thirty Four Thousand Six Hundred Sixty and no/100 ($34,660.00) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of La Quinta, CA, as Obligee for the improvements in the subdivision designated as I)una Fairways - Tract 29586 as required be the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, CA, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" una Fairways, LLC , a Ca) ifornia GULF INSURANCE COMPANY imited liability company ~ BY: CENTURY CROWELL COIqqUNITIES, LP, BY: c~- a ca litornia 1 imited partnership David C. Banfer, Attorr~ey-in-Fact ITS' Managing Member 101 West Broadway, Suite 700 BY: CENTURY HOMES C0I~UNITIES, a San Diego, CA 92101-8208 California corporation ITS: GENERAL PARTNER Ga r(raub, ie' President BOND NO.: BE0930036 INITIAL PREMIUM: $11,318.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Perimeter & Geo-Grid Walls) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Four Hundred Fifty Two Thousand Seven Hundred Twenty and no/100'**($452,720.00'**) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a Cai i forni a Gulf Insurance Company limited liability company BY: CENTURY CROWELL COMMUNITIES, LP, BY: a Cali forni a 1 imi ted partnershl p David C. Banfer, Attomey-in-Fact ITS' )4ana§i ng Member 101 West Broadway Suite 700 DY' CENTURY HOMES COI~UNITIES, a SanDiego, CA 92101-8208 California corporation ITS: General Partner San Bernardino, CA 92408 BOND NO:BE0930036 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND (Perimeter & G¢o-grid Walls) KNOW ALL MEN BY THESE PRESENTS: That we Duna Fairways LLC, as Principal, and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Four Hundred Fifty Two Thousand Seven Hundred Twenty and no/100 ($452,720.00) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of La Quinta, CA, as Obligee for the improvements in the subdivision designated as Duna Fairways - Tract 29586 as required be the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of' extension of' time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, CA, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a California GULF INSURANCE COMPANY 1 imited l iabi! ity company BY: CENTURY CROWELL COb~IUNITIES, LP, BY: a California limited partnership David C. Banfer, Attorney-in-Fact ITS: Managing Member 101 West Broadway, Suite ?00 BY: CENTURY H0btES C0~UNITIES, a San Diego, CA 92101-8208 Cal ifornia corporation ITS- GENERAL PARTNER BY' r~al~ Ga ub, Vice President BOND NO.: BE0930037 INITIAL PREMIUM: $1,318.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Dry Utilities / Electrical) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Fifty Two Thousand Seven Hundred Four and no/100'**($52,704.00'**) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a California Gulf Insurance Company 1 imited 1 iability company BYf. FNTIIRY K. ROWFII £flI~IINITIF~, I P, BY: a California 1 imited partnership David C. Banfer, Attorney-in-Fact ITS: Managing Member ' 101 West Broadway Suite 700 'BY: CENTURY HOMES COMMUNITIES, a SanDiego, CA 92101-8208 California corporation ITS: General Partner Gar~ , Vice President 153~CJOuth "D' Street, Ste.200 San Bernardino, CA 92408 BOND NO:BE0930037 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND (Dry Utilities / Electrical) KNOW ALL MEN BY THESE PRESENTS: That we l)uaa Fairways LLC, as Principal, and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Fifty Two Thousand Seven Hundred Four and no/100 ($52,704.00) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the City of La Quiata, CA, as Obligee for the improvements in the subdivision designated as Duna Fairways - Tract 29586 as required be the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of CalifOrnia as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, CA, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a Cml i forni a GULF INSURANCE COMPANY I imi ted 1 i abi 1 i ty company BY: BY: (;~NIURY IJiqdW~LL CO~MUNI'mIES, LP, David C. Banfer, Attdrr~ey-in-Fact a Cml ifornia 1 imited partnership 101 West Broadway, Suite 700 ITS' Managing Member San Diego, CA 92101-8208 BY' CENTURY HOMES COI~UNITIES, a Ca1 i forni a corporati on ITS- General Partner BY: ry~nt/~ ~a raub, Vice President ITr3S South "0" Street, Ste. San Bernardino, CA 92408 BOND NO.: BE0930038 INITIAL PREMIUM: $125.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Monumentation) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Five Thousand and no/100*** ($5,000.00***) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3rd day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a {;al ifornia Gulf Insurance Company 1 imi ted 1 i abi 1 i ty company BYCENTURY CROWELL COI~UNITIES, LP, BY: ~ a California 1 imited partnership David C. Banfer, AttomJy-in-Fact ITS: Managing Meaber 101 West Broadway Suite 700 BY: CENTURY HOSES COI~UNITIES, a SanDiego, CA 92101-8208 Cal i forni a corporati on ITS: General Partner BY: , t~ 1G}~.a~).b,S~ireceett',r~}}~g~ San Bernardino, CA 917408 BOND NO.: BE0930039 INITIAL PREMIUM: $5,008.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (Engineering & Plan - 20% of Construction) MEN BY THESE PRESENTS: That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Two Hundred Thousand Three Hundred Twenty Seven and no/100*** ($200,327.00***) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3ra day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a Cali forni a Gulf Insurance Company l imi ted 1 i abi 1 i ty company BY~ENTURY CROWELL COI~UNITIES, LP, BY: a California limited partnership David C. Banfer, Attorney-in-Fact ITS: Managing Member 101 West Broadway Suite 700 BY' CENTURY HOHES C01~UNITIES, a SanDiego, CA 92101-8208 Cai ifornia corporation ITS: General P~rtner GarJ W946trau , V' ' 153L~gouth "D' Street, Ste.200 San Bernardino, CA 92408 BOND NO.: BE0930040 INITIAL PREMIUM: $7,512.00 SUBJECT TO RENEWAL SUBDIVISION PERFORMANCE BOND (No-Plans Contingency - 25% of Project) MEN BY THESE PRESENTS: ~ That we, Duna Fairways, LLC, as Principal, and, Gulf Insurance Company, a corporation organized and doing business under and by virtue of the laws of the State of Missouri and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto City of La Quinta, CA as Obligee, in the sum of Three Hundred Thousand Four Hundred Ninety and no/100*** ($300,490.00***) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the Duna Fairways - Tract No. 29586, entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at San Diego, California, this 3ra day of October, 2000. "PRINCIPAL" "SURETY" Duna Fairways, LLC , a Cml ifornia Gulf Insurance Company 1 imi ted 1 i abi 1 i ty company ~ BY: CENTURY CROWELL CO. UNITIES. LP, BY: ~ a Cml i fornia 1 imi ted partnership David C. Banfer, Attorney-in-Fact ITS' Managing I~ember 101 West Broadway Suite 700 BY' CENTURY HOMES C01~UNITIES, a SanDiego, CA 92101-8208 Cml i forni a corporati on By'ITS' General~Partner~_~x.~ . ~/(~~~ GarJKWja4~raub. Vice President 15~)5~outh_"D" Street, Ste.200 Sa)f Bernardino. CA 92408 OUTSTANDING BOND REPORT Name: Century Crowell Communities Tract No. 29586 Date of Contract: September 26, 2000 Required Bond Amounts: Grading $ 33,000 performance/labor Streets/Drainage $ 292,851 same Water $130,700 same Sewer $ 34,660 same Perimeter Walls $452,720 same Dry Utilities $ 52,704 same Monumentation $ 5,000 performance only Engineering & Plans $200,327 performance only No-Plans Contingency $300,490 performance only Dates of Bond Reductions: Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $ 33,000 BE0930032 $ 33,000 same $292,851 BE0930033 $292,851 same . 30,700 BE0930034 30,700 same 34,660 BE0930035 34,660 same $452,720 BE0930036 $452,720 same 52,704 BE0930037 52,704 same $ 5,000 BE0930038 $200,327 BE0930039 $300,490 BE0930040