29909 Santa Rosa PlazaATTACHMENT 3
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
Parcel Map 29909
THIS SUBDIVISION IMPROVEMENT AGREEMENT the "Agreement') is made and entered into this
day of , 20 d c*- ,
by and between Santa Rosa Plaza, LLC, a California Limited Lia ility Company, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to
as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of
La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 29909 (the "Parcel') pursuant to
the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act').
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements').
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping,
and other improvements required to be constructed or agreed to be constructed under this Agreement as listed
in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and
scheduling of construction shall be as approved by the City Engineer.
3. Improvement Securitx.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance
security," shall assure the faithful performance of this Agreement including construction of the Improvements,
payment of Subdivider's fair share of Improvements which have been or will be constructed by others
(Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of
labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided
by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the
Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider
shall furnish performance and payment security prior to and as a condition of City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council
and prior to or concurrently with the final release of performance security. Warranty security shall not be required
for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for
performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security shall include and
assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
one or more of the following:
T:\PWDEPT\Agreements - SIA\29909.wpd Page 1 of 6
ATTACHMENT 3
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Goverment Code,
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or better and a
commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County
Treasurer's office).
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the
requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements
are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by
any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the
funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written
demand need not present documentation of any type as a condition of payment, including proof of loss. The
duration of any such letter of credit shall be for a period of not less than one year from the execution of the
agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from
the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues,
and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an
appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local goverment, when any
agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the
Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the
California Goverment Code, deposited, at City's option, with City or a responsible escrow agent or trust
company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the
Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly
authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the
amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate
security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as
otherwise set forth in Exhibit A.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver
of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different
form and/or source (surety or financial institution) of security initially submitted and for substitution of securities
but shall not be required for submittal of warranty security if the warranty security is of the same form and from
the same source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial
institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).
O11
TAPWDE'7Wpreenwnts - SIA129909.wpd Page 2 of 6
ATTACHMENT 3
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real property and administer
the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall
pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements
secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are
known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory
Improvements, and shall guarantee the reimbursement by Subdivider of Subdividers share of the cost of the
Participatory Improvements. Payment security and warranty security shall not be required for Participatory
Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security
guaranteeing Participatory Improvements.:. If Subdivider fails to deposit said cash within 30 days of the date of
the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash
and Subdividers Surety shall pay to City the lesser of- 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including
non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated
in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days
written notice by registered or certified mail, return receipt requested.
G. Security shall be released in the following manner
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall
security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus
Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdividers share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City
receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year
warranty period, there are one or more outstanding requests by City for performance of work or provision of
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts
purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best
efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt
T-.V WD8-nAV*emsnts - SW129909.wpd 0 1 Paps 3 of 6
ATTACHMENT 3
to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on
behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form
acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One
Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion
of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property
shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's
obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90)
days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions
of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in
Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time
periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider
in default of this agreement, to revise improvement security requirements as necessary to ensure completion of
the improvements, and/or to require modifications in the standards or sequencing of the Improvements in
response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not
otherwise affect the validity of this agreement or Subdivider's obligations hereunder.
7. Force MaJeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such
events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time
for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny
the request or conditionally approve the extension with additions or revisions to the terms and conditions of this
Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to
those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be
sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the
extension, and to provide warranty security on completed Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the
La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have
been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and
intersection monument tie -outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other
agencies having jurisdiction over and approval authority for improvements required by this Agreement or the
Conditions of Approval, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required
documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with
applicable City standards and specifications, and as provided herein, obligations required by the Conditions of
Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in
Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City
Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer,
Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual
Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall
be dearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped
by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California,
and the plans shall be resubmitted to the City Engineer.
T:V WDE P7XA9resmar+tz - SIA\29909.wpd 013 Page 4 of 6
ATTACHMENT 3
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1)
year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective
work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of Section
3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide
a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment
security released.
14. CC y Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform the
obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and
reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling
public interest, as determined by the City Engineer, the requirement for written notice of default and/or the
passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its
officers, employees. agents, representatives and assigns harmless from and against any losses, claims,
demands, actions, or causes of action of any nature W atsoever; arising out of or in any way connected with
Subdividers performance herein under, including costs of suit and reasonable attorneys' fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision
of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent
with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are)
incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall
control.
17. Severability. In the event that arty provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail. return receipt requested, to the parties at their respective addresses indicated
hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and
sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either
party may change its address for notices hereunder by notice to the other given in the manner provided in this
subparagraph.
B. The terms, conditions. covenants. and agreements set forth herein shall apply to and bind the heirs,
executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party
shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall
not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
014
T:V WDEPT\Agreenvmts - SIA\29909.wpd Page 5 of 6
ATTACHMENT 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
7601777-7075
�a
Thomas P. Genovese, City Manager
Date
ATTEST:
SUBDIVIDER: Santa Rosa Plaza, LLC, a California
Limited Liability Company,
By: Daniel Brown, Trustee of the
Fleetwood Salley Trust, Managing
Member,
By: Bridget Myers, Trustee of the
Kokeka Trust, Managing Member,
49105 Barrymore Street
Indio, CA 92201
(760) 777-4077
By:
Date
Title:
By:
D to
Title:
Reviewed and Approved:
City ngineer Date
i
Approved as to Form:
�.
m Da
T:V WDEPTWgreem*nts - SIA129909.wpd 1 Page 6 of 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of k�nl-a�a i
On 1Vd# 1jb& POWI , before me, �// k,4 ds/V
4%6 G1 C
Date Name and Title of O ' er, (e.g., "Jane Doe, Notgry Public")
personally appeared �r��' /%" r U°�S f
Name(s) of Signer(s)
OFFICIAL SEAL
MICHELLE RAMOS
-+ COMM #1246380
Notary Public - California
t7 RIVERSIDE COUNTY ,...
My Commission Expires
DECEMBER 20, 2003
Place Notary Seal Above
❑ personally known to me
/)(proved to me on the basis of satisfactory
evidence
to be the person whose namEt are
subscribed to the within instrument and
acknowledged to me that be%h642�xecuted
the same in hKs/ heir authori
capacity ies and that y ty�`/ thei
signature the instrument the perso s , or
the entity upon behalf of which the persor ss
acted, executed the instrument.
VYW-NE�S'S my hand and official a
w7
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: -' ' -
❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
ATTACHMENT 3
Exhibit A
SECURITY - PARCEL MAP 29909
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security
prior to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
The Engineering & Plans" security will be released when the City has possession of complete, approved, original
plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency,
which may be utilized for any listed item or for other cost found necessary in the design or construction of the
required improvements, may be released in whole or part by the City Engineer, at any time after construction
plans are complete and the scope and nature of improvements are fully known. These releases shall be separate
from and in addition to the reductions discussed below.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total performance
security for the tract and shall not reduce total performance security below the amount necessary to complete the
Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be
evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting
forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council.
Improvement Description
Performance
Grading
$157,350
Streets, On Site
82,400
Domestic Water
189,400
Sanitary Sewer
64,500
Dry Utilities (Elect.)
35,000
Perimeter Landscaping
126,000
Monumentation
5.000
Construction Subtotal:
$659,650
Professional Fees Design & Construction (15%) 98,950
$791,580
Contingency (20% of Project) 151,720
Total: $910,320
Labor & Materials
$157, 350
82,400
189,400
64,500
35,000
126,000
0
$654,650
OUTSTANDING BOND REPORT
Name: Santa Rosa Plaza LLC
Tract No. 29909
Date of Contract: February 5, 20002
Required Bond Amounts:
Grading
$157,350
performance & labor & materials
Streets
$ 82,400
same
Water
$189,400
same
Sewer
$ 64,500
same
Electric
$ 35,000
same
Peri. Landscaping
$126,000
same
Monumentation
$ 5,000
performance only
Fees Design/Construct.
$ 98,950
performance only
Contingency
$151,720
performance only
Dates of Bond Reductions:
Outstanding Bonds:
Amount: Bond No. Date Cancelled/Released:
$910,320 BE2617104
$654,650 same
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
IIIIPI VVCIIICI1Lb
Executed in One (1) Original
Bond BE2617104
Initial Premium $ 18,206.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and Santa Rosa Plaza, LLC, a California Limited
Liability Company— (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , and identified as project Tract
29909, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now, therefore, we, the principal and GULF INSURANCE COMPANY, 110 West "A" Street, Sutie 1805, San Diego, CA
92101, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Nine
Hundred Ten Thousand Three Hundred Twenty Dollars and No/100 ($910.320.00) lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless City of La Quinta, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 17, 2002
Santa Rosa Plaza, LLC. A Calif..Ltd Liab. Co.
C\Principal/\n
GULF INSURANCE COMPANY
rety
By l%- ( Aim Y�
Diane M. Nielsen, Attorney -in -Fact
110 West "A" St., #1805
San Diego, CA 92101
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
r
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON I (� tSa- , BEFORE ME, LUIS GARCIA, Notary Public
PERSONALLY APPEARED: DIANE M. NIELSEN
Capacity Claimed By Signer(s):
() Individual(s) ( ) Corporate () Partner(s) (X) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator () Other:
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name (s) is/are subscribed to the within instrument & acknowledged tome that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature:
Luis a ,
ALL PURPOSE ACKNOWLEDGMENT
LUIS GARCIA
Commission # 1310163
Notary Public - Califomis
Riverside County
Riverside
Comm. Expires Jul 20, 2005
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
improvements
Executed in One (1) Original
Bond BE2617104
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and Santa Rosa Plaza, LLC, A California Limited
Liability Company— (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to
install and complete certain designated public improvements, which said agreement, dated , and identified as project Tract
29909, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title
15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Six Hundred Fifty Four Thousand Six
Hundred Fifty Dollars and Nol100 ($654.650.00), for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by city in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 17, 2002
, Calif.. Ltd., Liab. Company GULF INSURANCE COMPANY
ncipal Surety 10 tr
/J
Diane M. Nielsen, Attorney -in -Fact
110 West "A" Street, #1805
San Diego, CA 92101
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
r
STATE OF CALIFORNIA
I
COUNTY OF RIVERSIDE
ON ) O / D 1 , BEFORE ME, LUIS GARCIA, Notary Public
PERSONALLY APPEARED: DIANE M. NIELSEN
Capacity Claimed By Signer(s):
() Individual(s) ( )Corporate_ () Partner(s) (X) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator () Other:
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
LUIS MCIA
WITNESS my hand and official seal. Commission # 1310163
Notary Public - California
Riverside County
My Comm.m. Expirbe Jut 20, 2005
Signature:
L
ALL PURPOSE ACKNOWLEDGMENT
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK.
KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its
principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on
the 10th day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney
constituting as Attorney - in -Fact, such persons, firms, or corporations as may be selected from time to time, and any such Attorney - in -Fact may be removed and the authority grant-
ed him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the
Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in -fact to sign, execute, acknowledge, deliver or otherwise issue
a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of
Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon
the Company in the future with respect to any bond and documents relating to such bonds to which they are attached "
Gulf Insurance Company does hereby make, constitute and appoint
VAN G. TANNER PAUL LEWIS MATT COSTELLO
DIANE M. NIELSON ANN WILLARD FILAMENA LEMOS LINDA WELD
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as
surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and
documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed five million (5,000,000) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto
affixed.
SUPANCF GULF INSURANCE COMPANY
C
GOPPO!?,� O�.o
T
Z
SEAL ` P
STATE OF NEW YORK l SS 00
�NEC(\CJ�
COUNTY OF NEW YORK f Lawrence P. Miniter
Executive Vice President
On this 1st day of October, A.D. 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides
in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation and that he signed his name, thereto by like order.
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STATE OF NEW YORK ���0 �o
COUNTY OF NEW YORK j SS OF N
ob j *_
David Jaffa
Notary Public, State of New York
No. 02JA4958634
Qualified in Kings County
Commission Expires December 30, 2001
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER
OF ATTORNEY remains in full force.
Signed and Scaled at the City of New York. �s�3aANCF eo Dated the f ]th day of January 2002
��� GOPP04Lq��
SEAL /
c0't'NE CT\OJT
George Biancardi
Senior Vice President