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29323 La Quinta Dunes 03OUTSTANDING BOND REPORT Name: La Quinta Dunes 350, Inc. Tract No. 29323 Date of Contract: (no contract as of 1 /9/03) Required Bond Amounts: Grading (Phase 1) $350,000 Grading (Phase II) $685,636 Dust Control $ 96,250 Dates of Bond Reductions: Outstanding Bonds and Bond Company: Gulf Insurance Amount: Bond No. $ 350,000 B34343033 $ 685,636 B34343034 $ 96,250 B34343032 Performance Performance Performance Date Cancelled/Released: Bond No. B34343033 Premium: $7,000.00 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # 3800 in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to LA QUINTA DUNES 350, INC. , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as 'T2A4--T `l_i'.z' ; and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Gulf Insurance Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of THREE HUNDRED FIFTY THOUSAND and no/100 Dollars ($ 350,000.00 ) 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 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 F210-1 Grading Bond Encroachment Permit # 3800 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on January 6th , 2003 . LA QUINTA DUNES 350, INC. Princip-- (Seal) Signatur of Principal Title of Sign6lbry Gulf Insurance Company Surety � (Seal) Lec c Lt. ignature of Surety Richard Adair, Attorney in Fact Title of Signatory 110 West A Street, Suite 1805, San Diego, Ca 92101 Address of Surety 619-446-2843 Phone # of Surety Dave Banfer Contact Person For Surety F210 Bond No. B34343034 Premium: $13,713.00 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to LA QUINTA DUNES 350, INC. as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as-V-'r-a13�-'� ; and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Gulf Insurance Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of SIXHUNDREDEIGHTYFIVE THOUSAND SIX HUNDREDTH IRTYSIX and no/100 Dollars ($ 685,636.00 ) 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 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 F210-1 Grading Bond Encroachment Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on January 6th , 200 3. LA QUINTA DUNES 350, INC. Principal (Seal) Si na e f Principa Title of Signa ory Gulf Insurance Company Surety (Seal) i ature of Surety Richard Adair, Attorney in Fact Title of Signatory 110 West A Street, Suite 1805, San Diego, Ca 92101 Address of Surety 619-446-2843 Phone # of Surety Dave Banfer Contact Person For Surety F210 Bond No. B34343032 Premium: $1,925.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize LA QUINTA DUNES 350, INC. , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as TRACT 29323 ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Gulf Insurance Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of NINETYSIX THOUSAND TWO HUNDRED FIFTY and no/100 Dollars ($ 96,250.00 ) 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 # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on January 6th ,200 3. LA QUINTA DUNES 350, INC. Principal (Seal) Signatu of Pri cipal Title of Signatory Gulf Insurance Company Surety ' (Seal) ��- Sig ature of Surety Richard Adair, Attorney in Fact Title of Signatory 110 West A Street, Suite 1805, San Diego, Ca 92101 Address of Surety 619-446-2843 Phone # of Surety Dave Banfer Contact Person For Surety F211