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14496-7 LQ Joint Venture 84AGREEMENT 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 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 —7 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 furnished. 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 Eighty Five Thousand Eight dollars IS 185,858.00 ►. Hundred Fifty Eight 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 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 forthe 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: Contr ;to�.agree�_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 fo As 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 conditicips. 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 t 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 t 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 saaV 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 c 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 FORM 43, REV 70 NINTH: It is further agreed by and between the parties hereto, Mcluding 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: Subdivision Engineer Riverside County Road Dept. County Administration Center 4080 Lemon Street - 8th Floor Riverside, California 91501 Contractor: La Quinta Joint P.O. Box 780 La Quinta, Ca IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: April 2 5, 1984, �TTEST: �onald D. Sullivan, Clerk AV Deputy (SEAL) Approved as to Form: JAMES H. ANGELL, County Counsel Venture 92253 La Quinta Joint Venture By: Anden Corporation BY Michael. O'Rourke V.P. 0By April Martin, ASSt. Secretary 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 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 Tr a c t 14 4 9 6 — 7 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 Vallev Water District 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 Nine ty O n _ Thousand Snve n Hu nA r e d. Pun n_ dollars (S 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 the Road Com- missioner. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the completion of the water systemimprovements all costs and enable expenses and fees incurred by the County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attor*'s fees, and that, �pon 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 oroccurring 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, g p ogees, 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: 9 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.1he 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 3062) 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 eu 111101 a ice.1/ a 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 La Quinta Joint Venture Riverside County Road Dept. P.O. Box 780 County Administrative Center La Quinta, Ca 92253 4080 Lemon Street -8th Floor Riverside, California 92501 Dated: April --2 5-1984 ATTEST: Gerald A. Maloney, Clerk By Deputy (SEAL) Approved as to Form: GERALD I GEERLINGS, County Counsel By IN WITNESS WHEREOF Contractor has affixed his name, address and seal La Quinta Joint Venture By:Anden Corporation, By i�%_d4d Mic el O'Rourke - By .April Martin, Asst. Secretary COUNTY OF RIVERSIDE By Chairman, Board of Supervisors xmm� ,Gy SIGNATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE 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 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 —7 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 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 oJEiclhty- Four Thousand Seven Hun— dollars ($ 8 4 , 7 0 4 0 0 1. dred Four 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 attoreey'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 7180 sufficient, 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 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 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 —"~falidity 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 Ilowing addresses: County: Subdivision Engineer Riverside County Road Dept. County Administrative Center 4080 Lemon Street - 8th Floor Riverside, California 92501 Contractor: La Quinta Joint Venture P.O. Box 7- B a La Quinta, Ca 9.2253 IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: Apr i 1 2 5 19.8 4 y ATTEST: (' Donald D. Sullivan, Clerk By Deputy i i (SEAL) l Approved as to Form: JAMES H. ANGELL, County Counsel By La Quinta Joint Venture By: den Corporation Venturer By r - rrGld7ffC '-- Mi. el. O'Rourke V , P . By Ap 1 Martin, Asst. Secretary COUNTY OF RIVERSIDE By Chairman, Board of Supervisors 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 Ouinta Joint Venture WITNESSETH: hereinafter called Contractor. 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- 14 4 9 6 — 7 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 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 66495). Contractor further agrees that if payment to the surveyor or engineer is not made within 30 days, the surveyor or engineer notes 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 giNjQ mr, Sand Five Hundred dollars(S__2_, 50(] nn I. SECOND: Contractor hereby agrees to pay to the County the actual cost of such inspections of the above required work as maybe required by the Cwt . ty Surveyor of the County of Riverside. Contractor further agrees that, if suit is brought upon this contract or any bond guaranteeing the complethm 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 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 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, K 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 ;amount, 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 0 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 ID FOW 41 Mn.1= 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: Contractor: Countv: Dated: Subdivision Engineer Riverside County Road Dept. County Administrative Center 4080 Lemon Street - 8th Floor Riverside, California 92501 La Quinta Joint P.O. Box 780 La Quinta, Ca IN WITNESS WHEREOF Contractor has affixed his name, address and seal. April 25, 1984 ATTEST: Gerald A. Maloney, Clerk By -- Deputy (SEAL) Approved as to Form: GERALD J. dEERLINGS, County Counsel By Venture 92253 La Quinta Joint Venture By: nden Corporation, M naging Venturer By — i � Mic ael O'Rourke V.P. By_-� April Martin, Asst. Secretary COUNTY OF RIVERSIDE By Chairman, Board of Supervisors SIGNATURES OF CONTRACTOR MUST BE WITNESSED BY NOTARY AND EXECUTED IN TRIPLICATE FAITHFUL PERFORP ANICF County of Riverside State of California (Government Code Section 66499.1) OR: Streets and Drainage $ 185, 858. 00 Water System $ 91, 707. 00 Sewer System $ 84,704.00 Surety INTEGRITY INSURANCE COMPA Address 2101 West Alameda Avenue R 0 N D I Tact No. 14496-7 Parcel Map No. Bond No. ASI 100 318 Premium _ $3 , 623 .-00 Principal_ .La Quinta Joint Venture Address, i ty— Burbank, CA 91506 City P.O. Box 780 La Quintal Ca _92253 1,4HEREAS, The Board of Supervisors of the County of Riverside, State of California, and Ida Quinta Joint Venture hereinafter designated as "principal" have enter- intro, or are about to c-riter into the attached agreement(s) whereby principal agrees to in, and complete thr� above designated public impro-vements, relating to (TractpM*� Map 14496-7 _, which �,yreement(s) is/, hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement(s) t:o furnish bo6d(s) for the faithful performance of said agreement(s). NOW, therefore, we, the principal and INTEGRITY INB_URANCE COMPANY _ _$ as surety, are held and firmly bound unto the County of Riverside, in the penal sum of Three > nri rPd Sixty —Two Thousand, Two Hundreds Z�-�i@11 a rs ($-3-6-2 lawful money of the United ..Mates, for the payment of whicii sum well and t*.ruly to be made, bind ourselves, our heirs, successors, executors and administrators, jointly and ?verally, firmly by these presents. the condition of this obligation is such that if the above bounded princi�lal, his or its '}eirs, executors, administrators, successors or assigns, shall in all things stand to and ,ibide by, and well and truly keep and perform the covenants, conditions and provisions in :.ire said agreement and any alteration thereof made as f.here i n provided, on his or their ,.)(,Art, to be kept and performed at the time and in the manner therein spr,cified, and in all ,espects according to their true intent and meaning, and shall indemnify 81,d save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then t.his obligation shall become null and void; otherwise it shall be and rerimain in full force and effect. '.s a part of the obligation secured hereby and in addition to the face amount specified herefor, there shall be included costs and reasonable expenses and fees, -including reasonable attorney's fees, incurred by county in Successfully enforcin such obligation, :il to be taxed as costs and included in.any judgment rendered. SUBDIVISION MONUMENT BOND COUNTY OF RIVERSIDE STATE OF CALIFORNIA TRACT/P $RL MAP NO. 14496-7 (_Government Code 66496) BONDING COMPANY INTEGRITY INSURANCE COM ADDRESS 2101 West Alameda Avenue CITY Burbank, 'CA 91506 KNOW ALL MEN BY THESE PRESENTS: BOND N0. ASI 100 319 ANY PREMIUM: $ 2 5.00 PRINCIPAL La Quinta Joint Venture ADDRESS P.O. Box 780 CITY La Quinta, Ca 92253 That . La Quinta Joint Venture , Subdivider, as Princii-paT—,and INTEGRITY IN.5URANCE C MPANY , a Corporation, as Surety, are hereby jointly and severalrybound to pay tote County of Riverside the sum of Two Thousand Five Hundred $ 2,500.00 The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of (Tract/RaxMap) 14496-7 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 berformina thA Wnv-�_ in 'STATE OF CALIFORNIA CUL M OF Los Angeles ISTATE OF CALIJ'ORNIA COUNTY OF RIVERSIDE 25 day of A ri l 19 8�4 be f_ er"F:. li'le Barbara J; _ P�X���� a h On this �� _ v otary Pu— Y = blic in and for said State personally aPPE-?aced Michael -O'Rourke l-nown to me to be the _Vice _ _ President of Anden Corporation rporation that executed thy. within instrument. � -icy known t o nIe i_c� be the ,person who excuted the within instrument on bhal-f of ; � icy cor.}���r<ai=ion, c said corporation being known to me to be one of the Joint Ventur is of La Quinta Joint Venturer the Joint Venture thc-At executed the with in Instrument, and acknowledged to me that such corporation executed( the ;lame as such Joint Venturer and that such Joint_ Venturer excut(-d i he same. WITNESS my hand and official seal. OFFICIAL SEAL Barbara J. Paynter " 0 r., .,4 NOTARY PUBLIC-CALIFORNIA " ;,; ignat ure =t -- x PRINC,PAL OFFICE IN RIVERSIDE COUNTY My Commission Expires May 13, 1986 _ ,.... % Asst. Secret t April rt•,i.n Title (IF ORPORATION, AFFIX SEAL) ME OP SURETY. I1TEGRITY IteORANCFIM COMPANY 'HORIZED SIGNATURE: B ': /qSAT ORNEY- N-FACT, Richard Adair Titie (IF CORPORATION, AFFIX SEAL) CH. NOTARIAL ACKNOWLEDGFMF"" SIGNATURE OF PRINCIPAL AND ATTORNEY -IN -FACT OUTSTANDING BOND REPORT Name: La Quinta Joint Venture Tract No. 14496-7 Date of Contract: April 25, 1984 Required Bond Amounts: $ 2,500 - Monument Bond 185,858 - Road/Drainage 91,707 - Water System 84,704 - Sewer System Dates of Bond Reductions: None Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $362,269 ASI 100 318 $ 2,500 ASI 100 319