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2017 - 33597 La Quinta Malaga, LLC - SIA On-Site & Off-SiteCITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33597 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMEN AGREEMENT (# a�,�"'?°j�reement"') is made and entered into this L ti day of wl , 20 ?'7 , by and between La Quinta Malaga, LLC, a Delaware limited liability 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 submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-054 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. 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. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. 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 complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, 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 Secunty. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: 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 1 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. 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 may be one or more of the following: 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 Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal 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, in a form acceptable to and approved by the City Attorney, 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 Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon 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 Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. 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 Section 10 of this Agreement. 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 Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all 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. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction 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 4of9 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. 6.2 Inspection.. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. 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. 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 set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. of 9 12. 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 clearly 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. 13. 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. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. 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. 15. City Riqht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, 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 attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. hury to Public Improvements, Public Proyerty or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6of9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. 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. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. 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. 7of9 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 F49ft J. ce City P anager Tat (,) ATTE Susan Maysels, City Cler La Quinta Malaga, LLC, a Delaware limited liability company 10621 Civic Center Drive Rancho Cucamonga, CA 91730 By: Diversified Pacific evel pment Group, LLC, a California limited liability company Its: Ai �f},orged Agent %rvJ ey- By: /& M Title: Manaaina McAber By: Title. fed and Approved: t4l-�o A" J -A,% y R. Jonas n, P. City Engineer Date Approved as to Form: 5-Y-17 Date Date � � l William H_ Ihrke, City Attorney Date 8ons Exhibit A SECURITY — TRACT MAP NO. 33597 ON -SITE IMPROVEMENTS 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. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading & Walls $ 480,710 Street $ 361,933 Storm Drain $ 436,310 Water $ 166,858 Sewer $ 139,224 Dry Utilities $ 142,500 Landscaping $ 40,000 Irrigation Line Relocation $ 800,000 Monumentation $ 25,000 Totals $ 2,592,535 - Standard 10% Contingency $ 259,254 Total Construction Cost $ 2,851,789 - Professional Fees, Design 10% $ 285,179 - Professional Fees, Const 10% $ 285,179 - Bond Amount $ 3,422,147 9of9 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33597 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMEfjI,T AGREEMENT (the ;'u r e�nent") is made and entered into this dayofy i , 20 11 by and between La Quinta Malaga, LLC, a Delaware limited liability 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 submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-054 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. 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. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. 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 complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: 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 1 or 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. 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 may be one or more of the following: 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 Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal 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, in a form acceptable to and approved by the City Attorney, 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 Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon 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 Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. G. Security shall be released in the following manner. 3of9 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 Section 10 of this Agreement. 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 Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all 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. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements; Inspection. 6.1 Construction 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 4of9 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. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. 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 set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. IniurV to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 5 of 12. 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 clearly 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. 13. 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. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. 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. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, 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 attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 of b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. 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. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. 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. 7of9 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 J. City Manager Dat Al Susan Maysels, City Clerk La Quinta Malaga, LLC, a Delaware limited liability company 10621 Civic Center Drive Rancho Cucamonga, CA 91730 By: Diversified Pacifi ev lopment Group, LLC, a California limited liability company Its: A q) z, d Age 4M Kager By: at w A. Title: M na in By: Title: Reviewed and Approve 4TT-ioth�y R. Jona on ., City Engineer Date Approved as to Form: William H. Ihrke, City Attorney Da S—L/—/7 Date Date 8of9 Exhibit A SECURITY — TRACT MAP NO. 33597 OFF -SITE IMPROVEMENTS 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. 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 Street and Sidewalk —Ave 60 Street and Sidewalk — Madison St Signing and Striping — Ave 60 Signing and Striping — Madison St Storm Drain Water Sewer Landscaping Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 241,395 $ 241,395 $ 906,487 $ 906,487 $ 2,789 $ 2,789 $ 5,840 $ 5,840 $ 21,015 $ 21,015 $ 156,830 $ 156,830 $ 29,680 $ 29,680 $ 151,592 $ 151,592 $ 1,515,628 $ 151,563 $ 1,667,191 $ 166,719 $ 166,719 $ 2,000,629 $ 1,515,628 $ 151,563 $ 1,667,191 $ 166,719 $ 166,719 $ 2,000,629 City of La Quinta JOINT CITY COUNCIL/HOUSING AUTHORITY MEETING: June 6, 2017 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS ASSOCIATED WITH TRACT MAP NO. 33597, THE ESTATE COLLECTION AT CORAL MOUNTAIN, LOCATED AT THE SOUTHWEST CORNER OF MADISION STREET AND AVENUE 60 RECOMMENDATION Adopt a resolution approving the Final Tract Map and Subdivision Improvement Agreements for the Estate Collection at Coral Mountain residential development associated with Tract Map No. 33597; and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY •La Quinta Malaga, LLC. (Developer), the developer of the Estate Collection at Coral Mountain, has requested approval of a Final Tract Map. •This is a ministerial action that occurs when the conditions of development are satisfied or secured through agreements. FISCAL IMPACT Securities of sufficient value will be submitted to secure the incomplete improvements prior to recordation of the Final Tract Map. BACKGROUND/ANALYSIS Estate Collection at Coral Mountain is a residential development located at the southwest corner of Madison Street and Avenue 60 (Attachment 1). The Final Tract Map subdivides the property into 57 single-family lots. The site was previously rough graded. Three model homes were constructed. On-site street improvements, the perimeter wall, and the retention basin were partially completed by the previous developer. The Developer has submitted bonds to secure the development’s conditioned improvements and seeks approval of the Final Map (Attachment 2). The Final Tract Map has passed technical review by the City Surveyor and has been signed by the Developer. CONSENT CALENDAR ITEM NO. 7 113 ALTERNATIVES Staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Tract Map 33597 3. Subdivision Improvement Agreements 114 ATTACHMENT 1 TM 33597 estate collection at coral mountain V I C I N I T Y M A P NOT TO SCALE 117 119 1 2 0 121 122 123 124 T41f 4 4 a" P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 April 19, 2012 Mr. Richard Hughes R.T. Hughes Co., LLC P.O. Box 1992 La Quinta, CA 92247 Re: Tract Map 33597 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office has received reduction bond riders to the existing Performance bonds as follows: Bond Number 728062S - Reduced performance Amount $ 34,005 Bond Number 728061 S - Reduced performance amount $ 13,698 If you have any questions, please call me at (760) 777-7123. Sincerely, Kocv V� Susan Maysels, InteriYn City Clerk City of La Quinta cc: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Company File T-,dT 4 4,Qu«rw MEMORANDUM To: Susan Maysels, Interim City Clerk From: d Wimmer, P.E., Development Services Principal Engineer Via: othy R. Jonasson, P.E., Public Works Director /City Engineer Date: April 16, 2012 Re: Reduction Bond Riders to Performance Securities for Malaga, Tract Map No. 33597 Please attach the reduction bond riders to the existing Performance security bonds for TM 33597. Please find enclosed the new reduction bond riders (reduced amount). The amounts and addresses to the developer and the surety company are as follows: TRACT No. 33597 Bond Number Original Performance Security Reduced Performance Amount 728062S $340,047 $34,005 728061 S $136,980 $13,698 Developer: Mr. Richard Hughes R.T. Hughes Co, LLC P.O. Box 1992 La Quinta, CA 92247 Surety Company: Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 Cc: Project File I, Tract Map No. 33597 TATracts_Parcel Maps_SP\30000-39999\33597, Malaga\internal correspondence\Bond Reduction Rider memo to City Clerk TM 33597.doc BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER I TYPE OF BOND LICENSE # 4110/2012 1 728061S UBDIV.IMPROVEMENT Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: City Of La Quinta 78 495 Calle Tampico La Quinta CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 09/11/2011 This Rider is on behalf of Rt Hughes Development Co LLC understood and agreed, effective from above date, that: Effective 4-2-12 Amend Bond Amount to read: $13,698.00 PRODUCER: Desert Empire Ins Svcs Inc 77564 Country Club Dr Ste B401 Palm Desert CA 92211 By Provided, however, that the liability of the company under the attached bond as changed by ihib order snail not bewzymuiative. Signed 4j%,day pfApril;'S12 Gina Lei er, AtMn� y-In- -!a POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute ano appoint: ***Gregg N. Okura, Yvonne M. Dean, Pauline M. McLean, Mark J. Lansdon, James E. Mary, Daniel Young, Cassie J. Berrisford, Gina L. Garner, Antonio Alvarado, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th, 2011, By. Danieliel You r Pre nt Du ,"o AND fNo GO�PPO Y piO y,_. D�y4pRgJ rr OQ R4 9 W t O 0 j OCT. 5 Q rt By: ��=s� ' o' 1936 0 W 1967ZD Steve A. Tvedt, Vice -President 11 >��•., a ; O� C,% Q 2 State of California County of Orange On _ October 4 2011 before me, _ Antonio Alvarado, Notary Public - Date Here Insert Name and Title of the Officer personally appeared and Steve A. Tvedt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized ANTONIO ALVARADO capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of COMM. ti 1880643 which the person(s) acted, executed the instrument. N01AFIY PUKIC CALIFORNIA � I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE Y true and correct. comm.My eotplim Aug. 8, 2015 WITNESS my hand and official seal. s Place Notary Seal Above Signature' Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate is executed in the City of Irvine, California, this A day of,4Y By: regg Okur , istant Secretary ID-1380(Rev.10/11) FAITHFUL PERFORMANCE BOND (LQMC 14.16.180) Bond #728061S Premium — $2 740.00 Restoration Bond Bond is for I years WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # 8059 in accordance with the La Quinta Municipal Code, to HT -Hughes neve] Qpment Tf� T E , as Principal, whereby Principal will be authorized to construct certain improvements in the public right of way as identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, Said Principal is required to furnish a surety bond in accordance with La Quinta Municipal Code Section 14.16.180 to faithfully perform and construct the permitted improvements, or restore the right of way to its former condition in the event the proposed improvements are not completed in accordance with the approved plans, specifications, and permit requirements to the satisfaction of the Public Works Director; or, if the work is abandoned (not completed as required), Principal shall shall complete the improvements, or restore the right of way to its former condition, whichever is the less expensive alternative of these two alternatives to perform. NOW, therefore, we the Principal and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of One Hundred Thirty. Six Thousand Nine Hundred Eighty Dollars & 00/ 160 __ Dollars (S 136., 980.00^1 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 bonded 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 permit and any . alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall'be and remain in full force and effect. As a part of the obligaton 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 the Obligee in successfully enforcing such obligation, all,to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. Page 1 of 2 t Drive\Administrative Services Division\Forms\Originals\Faithful Performance Bond - Restoration Bond Restoration Bond Encroachment Permit # 8059 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above j, named, on Seetn}�e� 11 .200-,. RT Hughes Development Co. LC Principal (Seal) i Title of Signatory i Developers Surety and Indemnity Company Surety (Seal) Q� j re o MY Diane M Nielsen i 'Attorriey in fact I-qie OT Signatory P 0 Box 19725, Irvine', CA 92623 Address of Surety M-263-3300 Phone # of Surety i Steve Bonilla - Contact Person For Surety T Drive%dministrative Services DivisionlFonns\OriginalslFaithful Performance Bond - Restoration Bond STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON q l a , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rA0 LINDA ROC Commission #E 1777932 r j Notary Public - CaNtornla Riverside County Signature.tzi MVCarm 80wNov23,2ot1 r da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA•ACKNOWLEDGMENT oai< �• �5,.� _ �sS..oe,.�at,. ,»S,.aS� oi. �..os. �sG-oi.� �,�' aac,.�S,.� .� �4,, c�3„� „ �,s� �ax,oa os.� State of Califor County of On 9 r Date personally appeared PEGGY BAUMGARDNER Omy Commission # 1521324 Z Notary Public - California Riverside County Comm. Expires Nov 8, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my a and o icial eal. Signature Signature of Notary Pu 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Hill ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: O Individual O Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 7RIGHTTHUMBPRINT ©2007 National Notary Association • 9350 De Solo Ave , P.O. Box 2402 -Chatsworth. CAJ91313-2402 • www NalronalNolary.orgJItem 4"5907 Reorder: Call Toll -Free 1-800-876-6827 6 BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER I TYPE OF BOND LICENSE # 4/10/2012 1 728062S UBDIV.IMPROVEMENT Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: City Of La Quinta 78 495 Calle Tampico La Quinta CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 09/11/2011 This Rider is on behalf of Rt Hughes Development Co LLC understood and agreed, effective from above date, that: Effective 4-2-12 Amend Bond Amount to read: $34,005.00 PRODUCER: Desert Empire Ins Svcs Inc 77564 Country Club Dr Ste B401 Palm Desert CA 92211 Provided, however, that the liability of the company under the attached bond as changed by this order �sh�al$l ®�ulative. Signel,vl 1 Cs® By 4 Gina L er, Attcwy-ln- � c POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Gregg N. Okura, Yvonne M. Dean, Pauline M. McLean, Mark J. Lansdon, James E. Mary, Daniel Young, Cassie J. Berrisford, Gina Garner, Antonio Alvarado, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereb/ ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008 RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th, 2011. By: _ I l _ �.r� { AND Iy% •.," OMPAN Y Daniel Young, Senior Vice -President ; yp?; 4Rp0Rgl ;F :, �O Olp�POR, OCT, W10 OCT, s J� :e By: `^'G'�✓/ — . 1 936 , c` w 1967 Steve A. Tvedt, Vice -President O O State of California County of Orange On _ October 4 2011 ____ before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A. Tvedt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of AtJT OfdlO ALVAi�ADo COMM �1 VARA3 which the person(s) acted, executed the instrument. ORANGE CONOTAAY PUBLIC MA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (a', Comm. 9*res Aug. 8, 2013 WITNESS my hand and official seal. Place Notary Seal Above Signature _ t..�' " Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this / C y of By: ' f regg Okur , istant Secretary ID-1380(Rev.10/11) FAITHFUL PERFORMANCE BOND (LQMC 14.16.180) Restoration Bond Bond # 728062S Premium — �6, 801.00 Bond is for 2 years WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # s;nu in accordance with the La Quinta Municipal Code, to RT 'u lobes Development ra lT r as Principal, whereby Principal will be j authorized to construct certain improvements in the public right of way as identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, Said Principal is required to furnish a surety bond in accordance with La Quinta Municipal Code Section 14.16.180 to faithfully perform and construct the permitted improvements, or restore the right of way to its former condition in the event the proposed improvements are not completed in accordance with the approved plans, specifications, and permit ..requirements to the satisfaction of the Public Works Director; or, if the work is abandoned (not : completed as required), Principal shall shall complete the improvements, or restore the right of way to its former condition, whichever is the less expensive alternative of these two alternatives to perform. NOW, therefore, we the Principal and Developers Surety and Indemnity Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Three Hundred Forty 'Thousand Forty Seven Dollars & 00/ 100 Dollars ($340,047.00** ) 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 bonded 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 permit and any . alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obiigaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. Page 1 of 2 T Drive\Administrative Services Division\Forms\Originals\Faithful Performance Bond - Restoration Bond t Restoration Bond Encroachment Permit # 8094 Page 2 of 2 In witness whereof; this instrument has been duly executed by the Principal and Surety above named, on September 11 , 2008. RT Hu hes•Development Co. LLC Princr, (Seal) ipa7. Signature of Principal' e� Title of Signato Developers Surety and+Indemnity Company Surety N (Seal) o e Diane M Nielsen �t orney in fact rrhe-o�Sryna P 0 Box 19725, Irvine, 'CA .92623 Address'of Surety 949-263-3300 Phone # of Surety Stevb,�Boni la Contact Person For Surety T DrivaWministrative Services Division\Fonns\OriginalslFakhful Performance Bond - Restoration Bond STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON Ql i/1 a 3 , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. -------------------- WITNESS my hand and official seal. LINDA ROCHA Commission #t 1777932 Notary Public - California r Riverslde County Signature Wo m�=14ov23.2011 i da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA•ACKNOWLEDGMENT -• csS,.cs aCaaS,. ' oa oc3.s�S..•,S..e3.- �4.��.. -a o, � aC.v,�,�.S..oiS��S.�Gv. � oa �iS,. �f„ �S,:�t,. A �, » State of California �n . Countty� of On before me, Date /l personally appeared PEGGY BAUMGARDNER Commission # 1521324 Z %my Notary Public - California Riverside County Comm. Expires Nov 8, 2008 015 WMA7.19 J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and officials I. Signature Place Notary Seal Above 1gnature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 9)2007 National Notary Association • 935D De Soto Ave.. P.O. Box 2402 • Chatsworth, CAJ91313-2402 • www.NationalNotary.orgJItem #5907 Reorder: Call Toll -Free 1-800-876.6827 LABOR AND MATERIAL BOND Bond # 728062S Premium — Included Bond is for 2 years WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # 8094 in accordance with the La Quinta Municipal Code, to RT Hughes Development Co LLC , as Principal, whereby Principal will be authorized to construct certain improvements in the public right of way as identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, the principal is required before entering upon the performance of the permitted 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, we the principal and Developers Surety and Inuemnity Company , as Surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the permitted improvements and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three Hund- Fnrty 1bn„cand Fnrty Raxren Dol i ars EM?LWS ($ 3400ri7.00** ), for materials m furnished or labor thereon of any kind, or for amounts due under the Uneployment Insurance Act with respect to this work or labor, that the 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 this 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 the permit 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 permit or to the work or to the specifications. TAAdministrative Services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 1 of 2 �n f Labor and Material Bond Encroachment Permit # 8094 Page 2 of 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 11 200 8. RT Hughes Development Co. LLC Principal t (Seal) Developers Surety and Xndemnity Company Surety (Seal) v ( \ e of Surety Diane 11 Nielsen Attorney in fact Title of Signatory P 0 Box 19725, Irvine, CA 92623 Address of Surety 949-263-3300 Phone # of Surety Steve Bonill Contact Person For gurety TAAdministrative Services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON q 11,14 , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LINDA ROCHA Commission * 1777932 Notary Public - California Riverside County My Comm. 80w Nov 23, 2011 Signature4ain,hC� ocha, otary ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: `e''+S`t AND OphR ?ANY G, Stephen T. Pate, Senior Vice President �J�ro4PORg � T .Fy o 4 OCT = OCT. s rt By o 1936 w 196 Charles L. Day, Assistant Secretary ;�� , SOW pnf�d; ��i �4CIFOR�\P a� State of California County of Orange On January 1st 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person {s), or the entity upon behalf of PASTO HM # J. ROACH 9 which the person(s) acted, executed the instrument. OOMKNOTARY PUBLIC WIFORNIA p I certify under PENALTY OF PERJURY under the laws of the State of Cal'domia that the foregoing paragraph Is ORANW COUNTY ^' true and correct vy txstM exom my 19, 2011 WITNESS my hand and offi 'al seal. Place Notary Seal Above Signature Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 11 t1ilay of September 2008 By: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor County of a219 Date personally appeared before me, OPEGGY BAWAGARDNER Commission # 1521324 ZNotary Public - California Z Riverside County My Comm. Expires Nov 8, 2008 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal. Signature Place Notary Seal Above dF1115—ign1aitul. 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of thumb here 02007 National Notary Association • 9350 De Soto Ave.. P.D. Roxf2402 •Chatsworth. CA 91313-2402 • www NahonalNotary.orgJItem #5907 Reorder -Call Toll -Free 1-800-876-6827 G No. 08505 STATE OF CALIFORNIA RECER OCT 0 J t�... DEPARTMENT OF INSURANCEUBLIC woRk_ SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 8th day of February, 2008, 1 (,'ompany Profile Company Profile Page 1 of DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 12718 0075 4606-0 August 30, 1999 UNLIMITED -NORMAL Property & Casualty IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY Company Complaint Information http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=100170 3/2/201 Company Profile Page 2 of Company Enforcement Action Documents Company Performance & Comparison -Data Composite _Comp. lant..Studies Want More? Help Me Find a Company Re Representative in My Area Financial Rating Organizations Last Revised - June 27, 2008 09:13 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=100170 3/2/20 Tit9v 4 4 Qgb& PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Veronica J. Montecino, CMC, City Clerk FROM: immer, Development Services Principal Engineer (Z VIA: othy R. Jonasson, Public Works Director/City Engineer DATE: August 1, 2007 RE: Rough Grading Bond for Tract Map No. 33597, Malaga Estates The City Engineer is in the process of approving an At -risk Rough Grading Plan for the subject project. The developer is requesting to place a Rough Grading Bond with the City. Please find the following enclosed: 1 . Rough Grading Bond for Tract No. 33597 Performance = $ 250,000 Bond No 726950S Surety: Developers Surety & Indemnity Company 17780 Fitch, Irvine, CA 92614 If you have any questions, please contact me at extension 7047. Thank You. T:\Tracts\30000-39999\33597\internal correspondence\GradingBond memo - TR 33597.doc BOND NO. 726950S PREMIUM $5,000-00 TERM: 2 YEARS FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # %! S2 in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to R-T. HUGHES, CO. , LW, as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as MALAGA F.STATF.S ; and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and DEVELOPERS SURETY & INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of TWO HUNDRED FIFTY THOUSAND AND N01100 Dollars ($250,000. ) 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 bonded 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 permit and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. Page 1 of 2 F210 Grading Bond Encroachment Permit2— Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on DULY 23 200 7. R.T. HUGHES CO. LLC Principa r- f (Seal) Signatbfe of Principal DIANA C. DEIGADO OWNER Commission #t 1621598 Title of Signatory %,MY Notary Public - California Riverside County Comm. Expires Nov 14, 2009 DEVELOPERS SLIRETY & INDEMNITY CO- S (Seal) M Ae'�' of Surety DE%SEN F210 ATTORNEY IN FACT Title of Signatory 17780 PITCH, IRVINE CA 92614 Address of Surety 949-263-3300 Phone # of Surety STEVE BONILLA Contact Person For Surety ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT STATE OF: CALIFORNIA COUNTY OF: kwdl�— On'-7 before me, b/lie�.` &jjw e=4 W f(I (here insert name and title of the officer), personally appeared p e (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. DIANA C. DELGADO Commission # 1621598 Notary Public • COIROMIa Riverside County aMy Comm. Expires Nov 14. 2 (SEAL) ATTENTION NOTARY: Through the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO. THE DOCUMENT DESCRIBED AT RIGHT Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON %/a 3/ 0% , BEFORE ME, LINDA CURIEL, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate I ( ) Partner(s) (0o),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. LINDA CURIEL WITNESS my hand and official seal. Commission # 1451765 Z amy Notary Public - California ZRiverside County Comm. Expires Nov 20, 2007 Signature:' inda Curiel, Notary ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *** Ann Willard, Diane M. Nielsen, Van G. Tanner, Jeanette McCulloch, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. By: David H. Rhodes, Executive Vice -President By: Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE AND G �iP 0R9iF�y OCT. `: < 10 -` 1936 a On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, 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 and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(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 62� / A"� — GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBLIC CAUFORNIA ORANGE COUNTY my comtn. expires Ma 13, 2009 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the midday of JLILY 1 2007 By Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) T4t,vl 4 mCP PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Veronica Montecino, City Clerk FROM: t'-4— Anthony Colarossi, Associate Engineer VIA: A Timothy R. Jonasson, Public Works Director/City Engineer DATE: November 1, 2006 RE: PM 10 Bond for Tract Map 33597, Malaga The City Engineer is in the process of approving a Fugitive Dust Control Plan (Pending Permit No. 5070) for the subject project. The developer is requesting to place a Fugitive Dust Control Bond and Cash Deposit with the City. Please find the following enclosed: 1. Tract No. 33597 Fugitive Dust Control Bond Performance = $ 34,500.00 (Equals 75% of security) Bond No 726314S Surety Company: Developers Surety and Indemnity Company 2. Copy of check for Fugitive Dust Control Cash Deposit submitted to the Finance Department. Amount = $11,500.00 (Equals the remaining 25% of required security) If you have any questions, please contact me at extension 7089. Thank You. \\CLQADMFSI\Public Works - Enginee ring\STAFF\Colarossi\Deposits_bond_Icredit\Malaga TM 33597\PM10Bond.doc FAITHFUL PERFORMANCE BOND (LQMC 6.16) Bond #726314S Premium - $690_00 Fugitive Dust Control Bond Bond is for 2 year term WHEREAS, the City of La Quinta, California, is prepared to authorize R. T. Hughes Co., LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Malaga Tract 33597 ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # 5070 , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Deve oBerG SLrety and Tnd mni ty Comnany as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal SUM Of M1,; -4161..,,. nn /inn Dollars ($34, 500.00**) 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 bonded 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 dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan 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 dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # 5070 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on October 23 2006. R. T. Hughes Co., LLC Princjp (Seal) / J Signature of Principal Richard T41ughes Managing Member Title of Signatory Developers Suret$-and Indemnity Company Suret (Seal) ature of Surety Dune M Nielsen Attorney in Fact Title of Signatory 3517 Camino Del Rio South #200 San Diego, CA 92108 Address of Surety 619-521-9686 Phone # of Surety Steve Bonilla Contact Person For Surety F211 0 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON l b / d3 / tt-P , 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. W LUIS GARCIA WITNESS my hand and official eal. GFh7onvnission # 1594120 No" Pul3k - CaNfomia RNOMk* county 11bMV Comm. Expkes Jul 20, Signature: Lul< ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: *** Ann Willard, Diane M. Nielsen, Van G. Tanner, Jeanette McCulloch, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. paoumm�q By- '�� AND r•'� ( /y David H. Rhodes, Executive Vice -President '�Q�,..•••' ""•••• . �F''•, .�o�yJ ORq ;•�'' Ce ; OCT. 1-4 -W' 10 ca: By. 80 1936 a Walter A. Crowell, Secretary •�7� • , /O yI p a STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, 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 and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature WITNESS my hand and official seal. Gina � GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBUC CAUFORNIA ORANGE COUNTY My comm. expires 13, 2t109 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 23rd day of October 2006 By Albert Hillebrand, Assistant Secretary ID- 1380 (Rev. 12/05) Twit aF XfVQur«rw CASH DEPOSIT STATUS SHEET* P _9 Budget Account No. - DIN: TM 33597 Project Location: Southwest corner of Intersection of Madison. Ave621 PF -� Depositor:RT Hughes, LLC; 78-900 Avenue 47, Suite 200; La Quinta, CA 92253 Phone 760-771-8890 ' 2006 [KCASH SECURITY — 25% Fugitive Dust Control Deposit ❑ Dust control; ❑ As -built plans ❑ Other ❑ CASH PAYMENT - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT I DATE DEPOSIT DEBIT BALANCE Amount Receipt # 11/01/06 $11,500.00 $11,500.00 COMMENTS: The remainder of the deposit is in bond form at $34,500.00 *Cash deposits placed in City administered trust accounts are typically received for two basic reasons: 1) CASH SECURITY- to provide a source of funds for the City to draw upon if the City incurs costs satisfying obligations of the developer, or 2) CASH PAYMENT- to provide a source of funding for improvements, property, or services to be acquired, or administered, by the City at the developer's expense. The City will release the fund balance when the developer's obligations that prompted the cash deposit are fully satisfied. The release function is initiated via the Request/Demand for Release of F059 Bond Number: 12144673 Premium: $68,443.00 Premium For Two Years Only SUBDIVISION IMPROVEMENTS Tract Map No. 33597 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 33597, prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Malaga, LLC, hereinafter designated as ("principal") have entered into an agreement whereby principal agrees t°� install and co lete certain designated public improvements, which said agreement, dated V IA A( E, 201 '1 , and identified as Tract Map No. 33597, 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 The Guarantee Company of North America USA , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Three Million, Four Hundred Twenty -Two Thousand, One Hundred Forty -Seven DOLLARS ($3,422,147.00) 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 the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified 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 anyjudgment 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 hereunder 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 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 April 27, 2017. (Seal) (Seal) The Guarantee CompAgy of North America USA Surety ' e Of Surety William Syrkin, Attorney -In -Fact Title of Signatory The Guarantee Company of North America USA 6303 Owensmouth Avenue, 10th Floor Woodland Hills, CA 91367 Address of Surety (818) 936-2844 Phone # of Surety Kevin Chambers Contact Person For Surety CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 t,er..�esr..�<.�r..,.•.c�r.c�r s�es�r.car.c�r.c�r.c�e s�...�c...r...r_..r..�r.�.r.o�r...r.ce.ac .�..c,.r..�r.z�e.T.z�r....A•_..•.n..�,e.c.•_e�•.c�r.craa .T _Te.c. as .car. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 6ax\- ) _ On rn!'i_g 1 9W before me, 5)monci pa,5� I ?a_bb_,2, Date Here Insert Name and Title of the OWicer personally appeared mad A` JiNdO_A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{} whose namKs) is/age subscribed to the within instrument and acknowledged to me that he/AreftBy executed the same in his/fir authorized capacity64, and that by his/h@*414eir signatureA on the instrument the personX, or the entity upon behalf of which the person% acted, executed the instrument. SIMONE BASSO Notary Public - California i• "� San Bernardino County Commission # 2164524 M Comm. Expires Oct 9, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by nejs) Signer's Name: YnGli-}NP.tu Si7. JDYc ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L:�:'✓L�:'e!'S�f'•✓:� �:'✓:�:�4�:'y6�6�.'✓:� �ti ti.�:'✓�:�:'arS�..'✓<��rL�✓'��-ti..�%L�S'✓:'✓.�.'./i ei4� .'✓ .ei6'd6'✓i THE The Guarantee Company of North America USA IV, GUARANTEE© Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Millennium Corporate Solutions, LLC William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Richard Leroy Adair its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 311' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and 6J yp4TEE(10. its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. 1Z TZ THE GUARANTEE COMPANY OF NORTH AMERICA USA �oRTh aMEa`�P STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 17, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. 6,PppNTEE�a� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of April 2017 one Jye yaRn1 AME�`01 Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On April27, 2017 before me, Corinne L. Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name( f Signer who proved to me on the basis of satisfactory evidence to be the persons -whose name is/are subscribed to the within instrument and acknowledged to me that he/she/thay executed the same in hisAw/their authorized capacity(ies), and that by his/her/their signatur on the instrument the personk), or the entity upon behalf of which the person acted, executed the instrument. CORINNE L. HERNANDEZ Commission 0 2083563 = a .� Notary Public -California > i Los Angeles County M Comm. Ex ires Se 27. 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and offici Sign ture Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin C, Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual Xj Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Signer's Name: 01 Corporate Officer — Title(s): ❑ Partner — El Limited ; General Individual Cl Attorney in Fact El Trustee C! Guardian or Conservator FI Other: Signer Is Representing: _ UG �:•:4�G'HG'♦lG',Y ✓ ' G' h..G. U� •riG. •✓ .VG\�A,G�: '.YG`•.G\�G�:��.•/G'.n�i•�.•/ 'VG'✓i'eiG'e/G`✓•\+!✓G'.v G�.:�✓. G ei;�,•'ei 1 SUBDIVISION IMPROVEMENTS Bond Number: 12144672 Premium included in Performance Bo; Tract Map No. 33597 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 33597, prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Malaga, LLC, hereinafter designated as "the principal' have entered into an agreement whereby the principal agreetj�sell and c mplete certain designated public improvements, which agreement, dated 14 , 20J-17—, and identified as Tract Map No. 33597, is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the 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, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Two Million, Six Hundred Twenty -Nine DOLLARS ($2,000.629.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the 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 this 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 the 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 April 27, 2017. (Seal) (Seal) ' mpany of North America USA William Syrkin, Attorney -In -Fact Title of Signatory The Guarantee Company of North America USA 6303 Owensmouth Avenue, 10th Floor Woodland Hills, CA 91367 Address of Surety (818) 936-2844 Phone # of Surety Kevin Chambers Contact Person For Surety CALIFORNIA• • •. C...� .a�s�C..�. C.c�C C.�Cs�C..�<.c�Cc�C.�..wC.c�.Cr��s��.c�<..�C.c�C.T�.v�L .� ..�C.�C..�C.c�C.c�.L.� s� .cam .i�•.� .a�C_.�•s�C.aCs�C.c�..n..a...� ..� .a s�C..� ..�•. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ste- (Y10�C10 On M 8 Lod G )'? before me, Date Here Insert Name and Title of the fficer personally appeared YnCu#ko u /`j - :j-bW apt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nam96) is/are subscribed to the within instrument and acknowledged to me that he/ -executed the same in his/tZ~ authorized capacity(Of, and that by his/htrA=r signatur9Kon the instrument the person(, or the entity upon behalf of which the person(, acted, executed the rnstrument. 5;Z7SIMONE BASSO 40tary Public - California i . y San Bernardino County Z Commission #F 2164524 MComm. Ex ires Oct 9, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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:J�cQ6lbL— ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ct RA a40 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L:�.�.'e'.�.'�S'✓i,ti4'ei:'✓'.�-�.''�.�:'✓5�4�.'✓.�5�.�'.�-�.:�:�:�:�:'erS�.�.S�✓S�✓.'✓.'�.�'r/'s.y.4�S�:�:\✓.'✓:�4� '•✓ e/,�,yS'•✓. 02014 National Notary• •www.NationalNotary.org1-800-US NOTARYi i • • i t JOXMiLl THE The Guarantee Company of North America USA UVWGUARANTEEO Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Millennium Corporate Solutions, LLC William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Richard Leroy Adair its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and vJ n hT"001 its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. THE GUARANTEE COMPANY OF NORTH AMERICA USA tioR AME�``P STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Cynthia A. Takai Notary Public, State of Michigan County of Oakland i ' My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. QJPycANTEEpo� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of April 2017 pR, yO,P�1f,AMEp`OP �— Randall Musselman, Secretary CALIFORNIA• • t .. U1ClG\2_'1C.1N'TC!:\�.G�Q/Ai19�2!G\�.^S.T. .4\2.T�i/'T .q�. i\ .��.'.\�. �C.A .L\��L�Y9.t/ri.'T</,1Y:�..4\t.'T�.i\V1��.4\C.:\�: \f � .:aC.T�. �.T .L\`✓.4�:.4\�.4\C :\�.4\�. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ __ Los Angeles On r I 2- before me, Corinne L. Hernandez, Notary Publi Date Here Insert Name and Title of the Officer personally appeared William Syrkin of Signer who proved to me on the basis of satisfactory evidence to be the personK whose name(9), is/arm subscribed to the within instrument and acknowledged to me that he/she/*ey executed the same in his/he7'/tbeir'authorized capacity(ies), and that by his/47er/14eir signatureT8�on the instrument the person or the entity upon behalf of which the personjaKacted, executed the instrument. CORINNE L. HERNANDEZ Commission # 2083563 z ;-d Notary Public - California z Los Angeles County My Comm. Expires Sep 27, 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS;ny and and o i tl"seal., Signat L Signature of Notary Pu is Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Cl Individual & Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Individual i_J Attorney in Fact [O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: ©2014 National Notary Association . www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SUBDIVISION IMPROVEMENTS Bond Number: 12144672 Premium: $40,013.00 Premium For Two Years Only Tract Map No. 33597 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 33597, prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Malaga. LLC, hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated J I,U,(f �, 2017, and identified as Tract Map No. 33597, 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 The Guarantee Company of North America USA, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Two Million, Six Hundred Twenty -Nine DOLLARS ($2,000,629.00) 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 the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified 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 anyjudgment 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 hereunder 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 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 April 27, 2017. La Quinta Malag Prinz el/ ff (Seal) SignatureoO�rincipa.VWcL+Cli A-�cV The Guarantee Company of North America USA Suretya ulureoSurety(Seal) f William Syrkin, Attorney -In -Fact Title of Signatory The Guarantee Company of North America USA 6303 Owensmouth Avenue, 10th Floor Woodland Hills, CA 91367 Address of Surety (818) 936-2844 Phone # of Surety Kevin Chambers Contact Person For Surety CALIFORNIA• • •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 9a.0— On Yn f , ab) q before me, Date Here Insert Name and title of the fficer personally appeared VYl GL- t.0 A - j�d.O_A-- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) whose name,(Is) is/W subscribed to the within instrument and acknowledged to me that he/stey executed the same in his/lair authorized capacityo*, and that by his/h; it signature) on the instrument the person(, or the entity upon behalf of which the personX acted, executed the instrument. SIMONE BASSO Notary Public - California -. San Bernardino County a Commission #E 2164524 My Comm. Expires Oct 9, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers „ Signer's Name: YYlA..1� ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THE © The Guarantee Company of North America USA GUARANTEE Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Millennium Corporate Solutions, LLC William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Richard Leroy Adair its true and lawful atomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'4 day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and 6JPgPNTEFcob its corporate seal to be affixed by its authorized officer, this 2n0 day of October, 2015. TX THE GUARANTEE COMPANY OF NORTH AMERICA USA or �v/ JyejL fi 2C A%RnIAMEa\4P STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 1018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. �rEr.r IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of April 2017 e l�Yt\ yaRrh AMER��P Randall Musselman, Secretary C CALIFORNIA. • .. ... .spy, �..ci...:�.•.v:..'� :a .�C.:�.�s�✓.�Ks� .arae!v.•� .z•t/.mot/�.: �t..��s�0!.�.s�C s�:;.�t ��.c�Q.T..Tt.T t�:.:� .sit s� .sit. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On �ti 2-1 2i l before me, Date personally appeared William Syrkin Corinne L. Hernandez, Notary Public Here Insert Name and Title of the Officer of Signer who proved to me on the basis of satisfactory evidence to be the person whose name(s), is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity4es), and that by his&rer/.their signaturej�on the instrument the person or the entity upon behalf of which the person(*,,acted, executed the instrument. 432 rHERNAN(D)E",Z 08356 c - California es County res Sep 27, 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y and and ffi I eal. Signat re Signature of Notary Pu lic Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual n Attorney in Fact * Trustee ❑ Guardian or Conservator ❑ Other: ,$igner Is RepresentlnU:. an Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — "D Limited i General D Individual i 1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: P 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 LABOR AND MATERIAL BOND Bond #728061S Premium — Included Bond is for 2 years WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # Q059 in accordance with the La Quinta Municipal Code, to as Principal, whereby Principal will be authorized to construct certain improvements in the public right of way as identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, the principal is required before entering upon the performance of the permitted 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, we the principal and Developers Surety and Tndemn; i y r- --panT as Surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the permitted improvements and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of One Hu g9LLARS ($ 136.980.00*** ), for materials furnished or labor thereon of any kind, or fora ou is due under the Unemployment Insurance Act with respect to this work or labor, that the 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 this 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 the permit 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 permit or to the work or to the specifications. T:\Administrative Services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 1 of 2 Labor and Material Bond Encroachment Permit # 8059 Page 2 of 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, on6entember 11 , 2008 . �T. Huees Development Co LLC nnclp (Seal) 44re OT Princrpal Developers Surety and �ndemnity Company Surety (Seal)C"D Ig a ure o ure y Diane M Nielsen Attorney in fact Title of Signatory P 0 Box 19725, Irvine, CA 92623 Address of Surety 949-263-3300 Phone # of Surety Steve Bonilla Contact Person For Surety T:\Administrative Services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON 'qj4 , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LINDA ROCHA Commission # 1777932 Notary Pub11C - California Riverside County Signature: Mycemm8owNW23.2ott da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. �,HunisKN. By: .��y AHD �,ya o�iPA.NY ,, Stephen T. Pate, Senior Vice President yJ`` �oSY0Rq� OPQORqOCT� 09 eyr 6 tam �'r w{10 h OCT. 5 O O By: 6 0: 19 3 6 �; w 1967 Charles L. Day, Assistant Secretary •'•.y�0 '.....«......-'`1��,c C/FOR State of California '�•Q,ff?k..m� County of Orange On January 1st 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared T. Pate and Charles L. Da Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histherltheir authorized capacity(ies), and that by hislher/their signature(s) on the Instrument the person(s), or the entity upon behalf of CHMTOPHER J. (Oi'if.`H which the person(s) acted, executed the instrument. Q 00MM 0 1745M NOTARY PUSLX CAMIRMIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is OMM fCXUNTY ra we and correct. ooN= wpM I&y 19, 2Dt1 PIPWRIPW WITNESS my hand and offi 'al seal. Place Notary Seal Above Signature Ch er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 11 tray of September 2008 By: Albert Hillebrand, Assistant ecretary I D-1380(Wet)(Rev.07107) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C County of On personally alifor L� /W /r-- b ofn re me,A l �% Date Here nsert Name a d Title of the dicer appeared Name(s) 01 B ner(s) PEGGY BAUMGARDNER Commission # 1521324 Notary Public - California z: Riverside County My Comm. Expires Nov 8, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d and official seal. Signature ignat a 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — O Partner — O Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 92007 National Notary Association • 9350 De Soto Ave. P0. Box 2402-Chalsworth. CAJ91313.2402- wwwNationalNotary.orgJItem #5907 Reorder. Call Toll -Free 1-800-876-6827