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14496-5 LQ Joint Venture 84AGREEMENT 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 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 — 5 agrees, at Contractor's own cost and expense to construct or cause to have constructed, within 11 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 Valley 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 Sixty — Two Thousand , Two Hundred dollars IS 6 2 , 2 2 7. 0 0 1. Twenty -Seven 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 Com- missioner. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the sanitary sewer system improvements, all costs 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 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, REV V60 4 wfficight, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds or both, within ten days after being notified by the commissioner that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if contractor faits 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 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 this contract that, in the event it is 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, by 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 the surety or 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 exten- sions 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 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. 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 LM QeWa Jabt►a ♦s11ttmrs Riverside County Road Dept. POO* am 780 County Administrative Center La Arista, Calif • 922S3 4080 Lemon Street - Bth Floor Riverside, California 92501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal Dated: Apell 139 1964 La Quints Joint Vonturo Aly a A n Corporation,, rer B V1 Y 91.0ae 0111 to 1t ft V« P w By A ri Martin, Asst. Scty. ATTEST: COUNTY OF RIVERSIDE Donald D. Sullivan, Clerk BY Chairman, Board of Supervisors By Deputy (SEAL) Approved as to Form: JAMES H. ANGELL, County Counsel By SIGNATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE AGREEMENT FOR THE CONSTRUCTION OF WATER SYSTEM 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 division known as Tract 14 4 9 6 — 5 agrees, at Contractors 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, District , and, further, to extend main or mains from the existing supply system maintained and operated by Coachella Valley Water to connect with distribution system described above with all pipe laid at such depth as to provide a full thirty six (36") 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 Seventy —Two Thousand Seven Hundred Thirteen dollars ($ 72 . 713 .00 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 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 costs 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 sbalfterminate 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: K 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 -]he 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, 9 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 amount of said bonds, or both, within ten days after being notified by the commissioner that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if con- 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 completed within 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 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, by 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 the surety or 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 extensions 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 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. 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 I& (i"t! Jolft V411"c* Riverside County Road Dept. Pose sm 7194 County Administrative Center La QsJ*t&* ft2ifa 91253 4080 Lemon Street -8th Floor Riverside, California 91501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: ATTEST: Gerald A. Maloney, Clerk fi By Deputy (SEAL) Approved as to Form: GERALD J. GEERLINGS, County Counsel BY L& Quint^ joint Venture SY 2 Inden Corpora t ,ion r By By Gpo4ilMartin,,nAsst- Scty. COUNTY OF RIVERSIDE By Chairman, Board of Supervisors AGREEMENT FOR THE CONSTRUCTION OF ROADIDRAINAGE IMPROVEMENTS This agreement, made and entered into by and between the County of Riverside, State of California, hereinafter called County, and La Q u i n t a 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 Tr a c t 1 4- 4 9 6 — 51_ agrees, at Contractor's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, and within 12 months from the date this agreement is executed, to perform and complete in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the County Road Commissioner, and are on file in the office of the Riverside County Road Department and to do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 461, as amended, which are hereby expressly made a part of this contract. All of the above required work shall be done under the inspection of, and to the satisfaction of, the County Road Commissioner, and shall not be deemed 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 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 fyrnished. Contractor further agrees that all underground improvements shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of One Hundred Forty —Two Thousand, Four Hund- dollars IS 142,422.00 ). red Twenty —Two 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 Com- missioner. Contractor further agrees that, if suit is brought upon this coptract or any bond guaranteeing the completion of the road and drainage improvements, all costs 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 sub- ject land division for the purpose of completing the improvements. This permission shall terminate in the event that the Contractor has completed with 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 improvements 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, 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 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 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, becomes insufficient, Contractor agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten days after being notified by the commissioner that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if con- 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 completed within 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. RD FDRM 43, REV 70 NINTH: It's further agreed by and between necessary to extend the time of completion of the w the Parties hereto , of Supervisors, either a its own option, or upon ncluding the suret y co sureties on the bonds securing this contract t k contemplated to be done under this contract sureties on said bonds. Contractor further agrees to req uest st of Contractor, and such extensions shall in no that, in the event it is extensions of time may be granted, from time to time b sions of time as may be granted therein. maintain the aforesaid bond or bonds in full force a way affect the validity of this contract or releasea the and effect during the terms of this contract, includingthe su TENTH: It is understood and agreed b the validity of the remaining isunderstood y Parties hereto that if an any the particular a Portions shall not be affected and the rights and obligation Y Part, term or provision of this agreement is b part, term or provision held to be invalid.g s of the parties shall be construed an y the courts held to be unlawful and voic ELEVENTH: d enforced as if the agreement did n Any notice or notices required or permitted to b following addresses: of co e given pursuant to this contract shall be served on th e other party by mail postage prepaid, at County: Subdivision Engineer Contractor.. Riverside County Road Dept. County Administration Center La QuIas jet" 4080 Lemon Street - 8t 00 i80�at�� Riverside, California 925011oor % qu4e IN Contractor h WITNESS WHEREOF C fi as affixed his name, address and seal. Dated. AVVS4 13 a� Anden C ►'� t ur4 Venturer By �C r By _ { ATTEST. Apri rln, , } Donald D. Sullivan, Clerk jar AsstS c ty COUNTY OF RIVERSIDE By Deputy By Chairman, Board of Supervisors (SEAL) Approved as to Form: JAMES H. ANGELL, County Counsel By SIGNATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE AGREEMENT 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 — 5 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 be points and to furnish to the County Surveyor be 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 664 a . 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 Two Thou— sand Five Hundredillars(s 2,500.00 ). 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, all costs 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 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 et 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 iiamouriv 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 W FdM 41 FW UQ 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 event it is 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, by 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 the 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 exten- 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: County: Contractor: Subdivision Engineer ��, jolu To""* Riverside County Road Dept. ►� � �Iait 780 County Administrative Center Le Ql "s "lit * 92253 4080 Lemon Street - 8th Floor Riverside, California 92501 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: _ a�dt�- 12" ATTEST: f Gerald A. Maloney, Clerk By _ Deputy (SEAL) Approved as to Form: GERALD J. GEERLINGS, County Counsel By L& Ouinta Joint venture in 111entutrr By Nq hael 'Rourke V.P. BY Ap it Aartin,, Asst. Scty. COUNTY OF RIVERSIDE By Chairman, Board of Supervisors SIGNATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE IL OUTSTANDING BOND REPORT Name: La Quinta Joint Venture Tract No. 14496-5 Date of Contract: April 13, 1984 Required Bond Amounts: $ 2,500 - Monument Bond 142,422 - Road/Drainage 72,713 - Water System 62,227 - Sewer System Dates of Bond Reductions: None Outstanding Bonds: Amount: [RM. CEN-• MR ra NNW - No bonds in file; attached letter from La Quinta Joint Venture has handwritten notes that say to see Tract 21 120 and that bonds were released 11 /24/86. (File in dead file?)