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14496-4 LQ Joint Venture 83AGREEMENT FOR THE PLACEMENT OF SURVEY MONUMENTS This agreement, made and entered into by and between the County of Riverside, State of California, hereinafter called County, and La Quinta Joint Venture hereinafter called Contractor. WITNESSETH: FIRST: Contractor, for and in consideration of the approval by the Board of Supervisors of the final map of that certain land division known as Tract 14 4 9 6 — 4 hereby agrees, at Contractor's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, and within 18 months from the date this agreement is executed to set, in a good and workmanlike manner, all survey monuments and tie points and to furnish to the County Surveyor tie notes for said tract in accordance with the standards set forth in Ordinance No. 461 of the County and Section 8771 et seq. of the Business and Professions Code of the State of California. Contractor further agrees to pay, within 30 days of presentation to contractor of the final billing of any surveyor or engineer for work performed by him as provided for in Article 9 of Chapter 4 Division 2 of Title 7 of the Government Code of the State of California (commencing with Section 66495). Contractor further agrees that if payment to the surveyor or engineer is not made within 30 days, the surveyor or engineer notifies County that he has not been paid for setting the final monuments, and the Board of Supervisors, pursuant to Section 66497 of the Government Code, after providing Contractor with an opportunity to present evidence as to whether or not the surveyor or engineer has been paid, orders that payment be made by County to the engineer or surveyor, the contractor, will, upon demand and without proof of loss by County, reimburse County for any funds so expended. Notwithstanding any other provision herein, the determination of the Board of Supervisors as to whether the surveyor or engineer has been paid shall be conclusive on the contractor, his surety and any and all parties who may have an in- terest in the contract or any portion thereof. All of the above required work shall be done under the inspection of, and to the satisfaction of, the County Surveyor, and shall not be deemed complete until approved and accepted as complete by the Board of Supervisors of the County. The estimated cost of said work is Three Thousand dollars($ 3,000.00 1. SECOND: Contractor hereby agrees to pay to the County the actual cost of such inspections of the above required work as may be required by the County Surveyor of the County of Riverside. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the monuments, ail costs and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attorneys fm, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occuring to the works specified in this contract prior to the completion and acceptance of the same, nor shall County, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of said work, but all of said liabilities shall be assumed by Contractor. Contractor further agrees to protect, defend and hold harmless County and the officers and employees thereof from any and all claims, demands, causes of action, liability or loss of any sort because of or arising out of the acts or omissions of Contractor, his agents and employees, in the perfor- mance of this contract, or arising out of the use of any patent or patented article in the performance of said agreement. FOURTH: The Contractor hereby grants to the County, the Surety upon any Bond, and to the agents, employees, and contractor of either of them, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the monumentation. This permission shall terminate in the event that the Contractor or the Surety has completed the work within the time specified or any extension thereof granted by the Board of Supervisors. It is further agreed that the Contractor shall have control of the ground reserved for the installation of said work, and the streets in which they are to be placed, as is necessary to allow him to carry out this agreement FIFTH: The Contractor agrees to file with the county prior to the date this contract is executed an acceptable and sufficient improvement security in an amount not less than the estimated cost of this work, as above specified, for the faithful performance of the terms and conditions and guarantees of this agreement and for the payment of the amount of the improvement security to the County for the benefit of any surveyor or engineer who has not been paid by the contractor, as provided for by Section 66495 at seq. of the Government Code of the State of California. Contractor further agrees if said improvement security is a Bond and the Surety or Sureties of said bond, or any of them, or the amount of said Bond, in the opinion of the County Surveyor become insufficient, the Contractor agrees to renew said Bond with good and sufficient Surety or Sureties or increase the amount of said Bonds, or both, within ten days after being notified by the commissioner. Notwithstanding any other provision herein, if contractor fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless all required improvements are completed within 90 days of the date on which the Road Commissioner notified the Contractor of the insufficiency of the sureties or the iamount, of the bonds or both. SIXTH: If the Contractor neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the time specified, or within such extensions of said time as have been granted by the Board of Supervisors, or if the Contractor violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in detault of this agreement and notice in writing of such default shall be served upon him and upon any Surety in connection with this contract. The Board of Supervisors shall have the power, on recommendation of the County Surveyor, to terminate all rights of the Contractor in such contract, but said termination shall not affect or terminate any of the rights of the County as against the Contractor or his Surety then existing or which thereafter accrue because of such default. The determination by the County Surveyor of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Contractor, his Surety, and any and all parties who may have any interest in the contract M MW 41 Mw.1AW or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the County under law. SEVENTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this contract that, in the evert It deemed necessary to extend the time of completion of the work contemplated to be done under this contract, extensions of time may be granted, from time to time, N the Board of Supervisors, either at its own option, or upon request of Contractor, and such extensions shall in no way affect the validity of this contract or release to sureties on said Bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this contract, including any extw sions of time as may be granted therein. EIGHTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawful and void the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. NINTH: Any notice or notices required or permitted to be given pursuant to this contract shall be served on the other party by mail, postage prepaid, at the following addresses: Contractor: County: Subdivision Engineer 1A Quinta Joint Venture Riverside County Road Dept. 16133 Ventura Blvd., Ste. 1270 County Administrative Center Enc i no o Ca 91436 4080 Lemon Street - 8th Floor Riverside, California 92501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: _ Mmailabn t► ATTEST: Gerald A. Maloney, Clerk By -- Deputy (SEAL) Approved as to Form: GERALD J. GEERLINGS, County Counsel Quinta Joint venture 4yt Anden Corporation ISO By 1�6—tL NJ&7!t�r By A#rU MmUn «. ,Aoet• lotrot&ry COUNTY OF RIVERSIDE By Chairman, Board of Supervisors By SIGNATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE AGREEMENT FOR THE CONSTRUCTION OF ROAD/DRAINAGE IMPROVEMENTS This agreement, made and entered into by and between the County of Riverside, State of California, hereinafter called County, and La Quinta Joint Venture hereinafter called Contractor. WITNESSETH FIRST: Contractor, for and in consideration of the approval by the Board of Supervisors of the final map of that certain land 1 4 4 9 6 — 4 agrees, at Contractor's own cost and expense, to furnish all labor, equipment and materials necessaryto perform division known as Tract from the date this agreement is executed, to perform and complete in a good and workmanlike manner, P orm and complete, and within 12 months Road Plans for said land division which have been approved by the County Road Commissioner, and are on file in he office of hse drainage I Riverde rovements in accordance with those ty to do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 461, as amended, which are hereby ex Road Department and this contract. All of the above required work shall be,done under the inspection of, and to the satisfaction of, the County Road Commissioner,by expressly made a part of complete until approved and accepted as complete by the Board of Supervisors of the County. Contractor further agrees to maintain the above required improvements for re ui shall not be deemed a period of one year following acceptance by the Board of Supervisors and during this one year period to repair or replace, to the satisfaction of the Road Commissioner, any defective work or labor done or defective materials furnished. Contractor further agrees that all underground improvements shall be compleed prior to t any roadway. The estimated cost of said work and improvements is the sum ofNINETY —FOUR THOUSAND SIX HUtthTpaving of NDRED dollars (S 9 4, 6 n_ n ) WENTY SECOND: Contractor agrees to pay to the County the actual cost of such inspections of the work and improvements as Com- missioner. may be Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the road and gimp v the Road and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, Includingreasonable drainage improvements, all costs that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. nable attorneys fees, and THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage works specified in this contract prior to the completion and acceptance thereof, nor shall County or any officer or employee thereof, be yliable f ore any peor rsons ons or p to the injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of the yw a sons or property liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof from all I work, and all of said because of, or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this contract, or arising out of the use, liability or claim patenNed aiticle in the performance of this agreement. 9 use of any patent or FOURTH: The Contractor hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to enter ject IMd division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor hasomplupon the lands of the sub time specified ar any extension thereof granted by the Board of Supervisors. eted with work within the FIFTH: Contractor agrees at all times, up to the completion and acceptance of the work or improvements by the Board of Supervisors, warning to the traveling public of each and every dangerous condition caused by the construction of the igood and adequate improvements, and to protect the traveling defective or dangerous conditions. public from such SIXTH: The Contractor, his agents and employees, shall give notice to the Road Commissioner at least 48 hours before be innin Road Commissioner all reasonable facilities for obtaining full information respecting the progress and manner of work. g 9 any work and shall furnish said SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure specked time, or within such extensions of time as have been granted by the Board of Supervisors, or, if the Contractor violates, ne lectsrefus s, orcompletion within the satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be a fails to perform The Board of Supervisors shall have the power, on recommendation of the Road Commissioner, served upon him. determination by the Road Commissioner of the question as to whether any of the terms of the contract or,spec specifications haveebeentvactoe because of such default. The satisfactorily, shall be conclusive upon the Contractor, and any and all parties who may have any interest in the contract or an violated, or have not been performed of this section shall be in addition to all other rights and remedies available to the County under law. Y portion thereof. The foregoing provisions EIGHTH: The Contractor agrees to file with County prior to the date this contract is executed a good and sufficient improvement the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this contract, good and sufficient� �n an amount not less than of labor and materials in the amount prescribed by Article XV of Riverside County Ordinance No. 460 to secure the claims to which reference ismadsecurity for payment (commen- cing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, contractor further agrees that if the improvement s made in Title 15and, i fte sureties, either on the Faithful Performance Bond or on the bond securingP security is a bond and, if the Road Commissioner, becomes insufficient, Contractor agrees to renew each and every said bond or boner awith r both, o sufficient sureties increa the amount of said bonds, in the opinion of the bonds, or both, within ten days after being notified by the commissioner that the sureties or amounts are insufficient. Notwithstanding anyorotherpre the amount of said ovis 'ractor fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless all required improvements are ion herein, if con - days of the date on which the Road Commissioner notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. completed within REV 70 NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this contract that, in the event it is deemed ecessary to extend the time of completion of the work contemplated to be done under this contract, extensions of time may be granted, from time to time, by the Board f Supervisors, either at its own option, or upon request of Contractor, and such extensions shall in no way affect the validity of this contract or release the surety or ireties on said bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this contract, including any exten- ions of time as may be granted therein. TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawful and void, the alidity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain ie particular part, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this contract shall be served on the other party by mail, postage prepaid, at the )flowing addresses: Wed: County: Contractor: Subdivision Engineer La Qu i n to Joint venture Riverside County Road Dept. 16133 Ventura H l vd . , Ste 1270 County Administration Center Encino, Ca 91436 4080 Lemon Street - 8th Floor Riverside, California 92501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Nov mh rr 299 IM3 ATTEST: Donald D. Sullivan, Clerk By Deputy (SEAL) kpproved as to Form: Lit Quints► Joint Venturi► By; Anden Corporation Managing Venturer COUNTY OF RIVERSIDE By Chairman, Board of Supervisors c SIGNATURES OF ANTRAC14 MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE AGREEMENT FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS This agreement, made pnd entered intq by and between the County of Riverside, State of California, hereinafter called County, and La Quinta Joint Venture , hereinafter called Contractor. WITNESSETH FIRST: Contractor for and in consideration of the approval by the Board of Supervisors of the final map of that certain land division known as T r a c t 14 4 9 6 - 4 agrees, at Contractor's own cost and expense to construct or cause to have constructed, within 18 months from the date this agreement is executed in a good and workmanlike manner a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appur- tenances necessary for the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Coachella Valley Water District to connect with distribution system described above with all pipe laid at such depth as to provide a full thirty six 136'1 inches minimum cover from the top of the pipe to street grade, unless otherwise specified by the Road Commissioner, all in accordance with those plans and specifications which have been approved by both the County Health Director and Road Commissioner and are on file in the Office of the Riverside County Road Department. Said approved plans and specifications are hereby made a part of this contract as fully as though set forth herein. All of the above required work, shall be done under the inspection of, and to the satisfaction of, the County Road Commissioner and County Health Officer, and shall not be deemed complete until approved and accepted as complete by the Board of Supervisors of the County and ac- cepted by the above named agency, into its system. Contractor further agrees to maintain the above required improvements for a period of one year following acceptan- ce by Board of Supervisors and during this one year period to repair or replace, to the satisfaction of the Road Commissioner, any defective work or labor done or defec- tive materials furnished. The estimated cost of said work and improvements is the sum of FIFTY—THREE THOUSAND THREE HUNDRED ELEVEN dollars ($ _ 53 . 311, 00 1. SECOND: Contractor agrees to pay to the County the actual cost of such inspections of the work and improvements as may be required by #w Road Com- missioner. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the water system improvements all cats and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this contract prior to the completion and acceptance thereof, nor shall County or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this contract, or arising out of the use of any patent or patented article in the performance of this agreement. FOURTH: The Contractor hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the improvement. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension thereof granted by the Board of Supervisors. FIFTH: Contractor agrees at all times, up to the completion and acceptance of the work or improvement by the Board of Supervisors, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Contractor, his agents and employees, shall give notice to the Road Commissioner at least 48 hours before beginning any work and shall furnish said Road Commissioner all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: N the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the Board of Supervisors, or, if the Contractor violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him. The Board of Supervisors shall have the power, on recommendation of the Road Commissioner, to terminate all rights of the Contractor because of such default.fie determination by the Road Commissioner of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Contractor, and any and all parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the County under law. EIGHTH: The Contractor agrees to file with County prior to the date this contract is executed a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this contract, and a good and sufficient security for payment of labor and materials in the amount prescribed by Article XV of Riverside County Ordinance No. 460 to secure the claims to which' reference is made in Title 15 (commen- cing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, contractor further agrees that if the improvement security is a bond and, if the sureties, either on the Faithful Performance Bond or on the bond securing payment of Labor and Materials, or both, or the amount of said bonds, in the opinion of the Road Commissioner, become insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the a bonds, or both, within ten days after being notified by the commissioner that the sureties or amounts are insufficient. Notwithstanding any other provision tractor fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless all required improvements are coi 90 days of the date on which the Road Commissioner notified the Contractor of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing the contract that, in the event it is de necessary to extend the time of completion of the work contemplated to be done under this contract, extensions of time may be granted, from time to time, by the I of Supervisors, either at its own option, or upon request of Contractor, and such extensions shall in no way affect the validity of this contract or release the sun sureties on said Bonds. Contractor further agrees to maintain the aforesaid bond or bonds in full force and effect during the term of this contract, including any extei of time as may be granted therein. TENTH; It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawful and validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as d the agreement did not conla r particular part, term or provision held to be invalid. ELEVENTH: Any notice or notices required or permitted to be given pursuant to this contract shall be served on the other party by mail, postage prepaid, at the following addresses: County: Contractor: Subdivision Engineer La QuInta Joint venture Riverside County Road Dept. .16133 Ventura Blvd . # $too 1270 County Administrative Center EnCiflo a Co 91436 4080 Lemon Street -8th Floor Riverside, California 92501 Dated: "" 298 1 3 ATTEST: Gerald A. Maloney, Clerk By (SEAL) Deputy Approved as to Form: By l IN WITNESS WHEREOF Contractor has affixed his name, address and seal. La Quints Joint Venture by s Anden Corporation Managing Venturer By +fie ur ,r Vicam. e's. By t1 mart ia «. Astt o toarat"y COUNTY OF RIVERSIDE By Chairman, Board of Supervisors AGREEMENT FOR THE CONSTRUCTION OF SANITARY SEWER SYSTEM IMPROVEMENTS This agreement, made and entered into by and between the County of Riverside, State of California, hereinafter called County, and hereinafter called Contractor. WITNESSETH FIRST: Contractor, for and in consideration of the approval by the Board of Supervisors of the final map of that certain land division known as T r a c t 14 4 9 6 — 4 agrees, at Contractor's own cost and expense to construct or cause to have constructed, within 12 months from the date this agreement is executed in a good and workmanlike manner a sanitary sewer system, complete with all necessary pipes, connections, and appurtenances necessary to the satisfactory operation of said sanitary sewer system. Contractor further agrees to extend the main or mains from the existing sewer system maintained and operated by Coachella Vallpy Water District to connect with the sanitary sewer system required to be constructed by this agreement. All the above required work shall be in accordance with those plans and specifications which have been approved by both the County Health Director and Road Commissioner and are on file in the Office of the Riverside County Road Depar- tment. Said approved plans and specifications are hereby made a part of this contract as fully as though set forth herein. All of the above required work shall be done un- der the inspection of, and to the satisfaction of, the County Road Commissioner and County Health Officer, and shall not be deemed complete until approved and accepted as complete by the Board of Supervisors of the County and accepted by the above named agency into its sewer system. Contractor further agrees to maintain the above required improvements for a period of one year following acceptance by the Board of Supervisors and during this one year period to repair and replace to the satisfaction of the Road Commissioner any defective work or labor done or defective materials furnished. The estimated cost of said work and improvements is the sum of Fortv Seven Thousand Seven Hundred dollars (S 47 794.00 1. Ninty Four dollars -- SECOND: Contractor agrees to pay to the County the actual cost of such inspections of the work and improvements as may be required by the Road Urn- missioner. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the sanitary sewer system imorovemem, M costs and reasonable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, including reasonable at&orney's fps, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss or damage happening or occurring to the works specified in this contract prior to the completion and acceptance thereof, nor shall County or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this contract, or arising out of the use of any patent or patented article in the performance of this agreement. FOURTH: The Contractor hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to enter upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed the work within the time specified or any extension thereof granted by the Board of Supervisors. FIFTH: Contractor agrees at all times, up to the completion and acceptance of the work or improvement by the Board of Supervisors, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the construction of the improvements, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Contractor, his agents and employees, shall give notice to the Road Commissioner at least 48 hours before beginning any work and shall furnish said Road Commissioner all reasonable facilities for obtaining full information respecting the progress and manner of work. SEVENTH: If the Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the Board of Supervisors, or, if the Contractor violates or neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, he shall be in default of this agreement and notice in writing of such default shall be served upon him. The Board of Supervisors shall have the power, on recommendation of the Road Commissioner, to terminate all rights of the Contractor because of such default. The determination by the Road Commisioner of the question as to whether any of the terms of the contract or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Contractor, and any and all parties who may have any interest in the contract or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to the County under law. EIGHTH: The Contractor agrees to file with County prior to the date this contract is executed a good and sufficient improvement security in an amount not less than the estimated cost of the work and improvements for the faithful performance of the terms and conditions of this contract, and a good and sufficient security for payment of labor and materials in the amount prescribed by Article XV of Riverside County Ordinance No. 460 to secure the claims to which reference is made in Title 15 commen- cing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. If the improvement security is a bond and, if the sureties, either on the Faithful Performance bond or on the bond securing payment of Labor and Materials, or both, or the amount of said bonds, in the opinion of the Road Commissioner, becomes in- RD FORM 76, REY 7/80 TATE OF CAL- auffWM1t, Contractor agrees to renew en et, erein, if contra or f Ils to suc g it bonds with good and sufficient sureties or increase the amount of said bonds or both take within htacf on days s being notified by the commissioner that amounts are insufficient Notwithstandingareleted any other provision compwithin 90 days of the date on which the after is necessary to comply with said notice, he shall N. atault of his agree�eoe amount unless nt of the bonds or both. p Road Commissioner notified the Contractor of the insufficiency of the sureties reed b and between the parties hereto, including the surety or sureties on the bonds securing this contract teac that, in the Time to time, by it is deemed d NINTH: h is further ag Yfromnecessary to extend the time of completion of the work contemplated to be done under this sshall ll contract, no affect he validity of this contract or release the surety or � of Supervisors, either at its own option, or upon request of Contractor, raid bond or bonds rin full force and effect during the terms of this contract, including any exten sureties on said Bonds. Contractor further agrees to maintain th lions of time as may be granted therein. � b the parties hereto that if any part, term or provision of this agreement is by the courts held to be unlawful and void the TENTH: It is understood and agreedY P validity of the remaining portions sha ll not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. ' wired or permitted to be given pursuant to this contract shall be served on the other party by mail, postage prepaid, at the ELEVENTH: Any notice of notices required following addresses: Contractor. County: Subdivision Engineer La Qu i n t a joint Venture Riverside County Road Dept. 16133 Ventura B 1 vd *' S tO o 1270 County Administrative Center Enc i nO * Ca 914316 4080 Lemon Street - 8th Floor Riverside, California 92501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Ls Quints joint Venture Dated: By s Anden Corporation Managing Venturer y 'Rourke# Vice BY A ?�Att10 • Asst. SWW*tAT7 ATTEST: Donald D. Sullivan, Clerk By Deputy (SEAL! Approved as to Form: JAMES H. ANGELL, County Counsel COUNTY OF RIVERSIDE By, Chairman, Board of Supervisors &ZIFr� �. FAITHFUL PERFORMANCE BOND County of Riverside State of California (Government Code Section 66499.1) FOR: Streets and Drainage $ 94, 620.00 Tract No. 14496-4 Water System $_ 53, 311.00 Parcel Map No. Sewer System $_47, 794_00 Bond No. Surety INTEGRITY INSURANCE COMPANY Principal Premi um $ i _ 57 on La Quinta Joint Venture Address 2101 W. Alameda Avenue Address 16133 Ventura Blvd. Ste 1270 City Burbank, Ca. 91506 City Encino, Ca 91436 WHEREAS, The Board of Supervisors of the County of Riverside, State of California, and La Quinta Joint Venture hereinafter designated as "principal" have entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements, relating to (Tract/Parcel) Map Number 14 4 9 6— 4 ,which agreements) is/c hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s). NOW, therefore, we, the principal and. INTEGRITY IN' U as surety, are held and firmly bound unto the County of Riverside, in the penal sum of ONE HUNDRED NINETY-FIVE THOUSAND, SEVEN HUNDRED TWENTY-FIVE AND NO/100THS - _ _ _ _ _ dollars ($195 725.00 lawful money of the. United States, for the payment of which sum well and truly t) we bind ourselves, our heirs, successors, executors and administrators, jointl and made, 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 the County of Riverside, 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 a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by county 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 obligation 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. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the Surety's obligations hereunder and are hereby waived by the Surety. When the work covered by the Agreement is complete, the Board of Supervisors of the County of Riverside will accept the work and thereupon the amount of the obligation of this bond is reduced by 90% with the remaining 100%, held as security for the one year maintenance period provided for in the Agreement(s). In witness whereof, this instrument has been duly executed by the principal and surety above named, on November 29 19 83• 91 NAME OF PRINCIPAL: La Quinta Joint Venture By: Ande Corporation, Managing Venturer AUTHORIZED SIGNATURE(S): By — NAME OF SURETY: AUTHORIZED SIGNATURE: Michael O'Rourke, Vice' President Title Ti tl'e April Martin - Asst. Secretary Title (IF CORPORATION, AFFIX SEAL) INTEGRITV9SUP,WCE COMPAZY Ric Adair, ITS ATTORNEY -IN -FACT Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY -IN -FACT. 0 J S U B D I V I S I O N M O N U M E N T COUNTY OF RIVERSIDE STATE OF CALIFORNIA (.Government Code 66496) ' BONDING COMPANY INTEGRITY INSURANCE COMPANY ADDRESS 2101 W. Alameda Avenue PRINCIPAL CITY Burbank, Ca 91510 ADDRESS CITY Encino, Ca 91436 TRACT/PARCEL MAP NO. 14496-4 BOND NO. ASI 100 153 PREMIUM: $30.00 La Quinta Joint Venture 16133 Ventura Blvd. Ste.1270 .KNOW ALL MEN BY THESE PRESENTS: r That La Quinta Joint Venture Subdivider, as 6 Pri nci pa , an INTEGRITY INSURANCE COMPANY a Corporation, as Surety, are hereby jointly and severally -bound to pay to -the County of Riverside the sum Of ThrPP Thousand and NO/100 $ 3,000.00 The condition of this obligation is that whereas the Subdivider, as a condition of the -'- filing of the final subdivision map of (Tract/Parcel Map) 14 4 9 6-4 , entered into an agreement with said -County to set Survey Monuments and Tie Points in said tract and furnish Tie Notes therefor and to pay the engineer or surveyor performing the work, in full, within 30 days after completion. �INOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or of any extension of said term that may be granted by the County of Riverside, with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. s a part of the obligation secured hereby and in addition to the face amount specified Vherefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, �.11 to be taxes as costs and included in any judgment rendered. he Surety hereby stipulates.and agrees that no change, extension of time, alteration r addition to the terms of the agreement or to the work to be performed thereunder r the specifications accompanying the same shall in anywise affect its obligations on is bond, and it does hereby waive notice of any such change, extension of time, alteration addition to the terms of the agreement or to the work or to the specifications. Dated: November 29. 1983 NAME OF PRINCIPAL: T a oiii nta dai nt VPntLrP • �,. �n.�Ar, C'nrt��rati AUTHORIZED SIGNATURE(S): By NAME uF SURETY: AUTHORIZED SIGNATURE: M iael,,.q'Ro,jxke, Vice President pr artin - Asst. Secretary (IF CORPORATION, AFFIX SEAL) INTEGRITY E COMP RNEY- N-FACT , RicharcT Adair tle tle tle coo, (IF CORPORATION,.AFFIX SEAL) ATTACH NOTXRI AC NOWLEDGEMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY -IN -FACT apes_ »i?iRn Opp, OUTSTANDING BOND REPORT Name: La Quinta Joint Venture Tract No. 14496-4 Date of Contract: November 29, 1983 Required Bond Amounts: $ 3,000 - Monument Bond 94,620 - Road/Drainage 53,311 - Water System 47,794 - Sewer System Dates of Bond Reductions: None Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $195,725 ASI 100 152 3,000 AS1 100 153