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30521 La Quinta Del Oro 147 - Bonds onlyOUTSTANDING BOND REPORT Name: La Quinta Del Oro 147, LLC Tract No. 30521 Date of Contract: No Subdivision Improvement Agreement yet Required Bond Amounts: PM 10 $33,000 Grading $244,725 Dates of Bond Reductions: Outstanding Bonds and Bond Company: Gulf Insurance Co. Amount: Bond No. Date Cancelled/Released: $ 33,000 B34232039 $244,725 B34232040 T-ihf 4 e4� Q" MEMORANDUM LETTER OF TRANSMITTAL PUBLIC WORKS DEPARTMENT TO: City Clerk's Office Phyllis Manley FROM: Victor Monz, Assistant Engineer I DATE: March 6, 2003 RE: Tract No. 30521; La Quinta Del Oro 147, LLC Phyllis: Attached please find the following securities for the referenced project: BOND # TYPE AMOUNT B34232039 Performance (Fugitive Dust) $ 33,000.00 B34232040 Performance(Grading Bond) $ 244,725.00 The above bonds have been submitted in accordance with the requirements of issuing Encroachment Permit No. 3859 to La Quinta Del Oro 147, LLC. Please contact me should you have any questions at 760.777.7089. Thank You Victor Monz File : enc. Permit no. 3859 Executed in Duplicate Bond No. B34232039 Premium $660.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize La Quinta Del Oro 147, LP , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract 30521 (La Quinta Del Oro) ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Gulf Insurance Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Thirtvthree Thousand and no/100 Dollars ($ 33,000.00 ) 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 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 February 14th , 2003. La Quinta Del Oro 147, LP PrinciJ�Oe- Sigr*[Lireal (Seal) of PrPirkipal Title of Signatory Gulf Insurance Company Surety (Seal) ig t re of Surety Richard Adair, Attorney in Fact Title of Signatory Gulf Insurance Company Address of Surety 110 West A Street, Suite 1805, San Diego, Ca 92101 619-446-2844 Phone # of Surety Dave Banfer Contact Person For Surety F211 r-eLiIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On FPhrnar�/ 14 ?nng before me, Date personally appeared Richard Adair P. Bauer, Notary Public Name and Title of officer (e.g., 'Jane Doe, Notary Public') Narne(s) of Signer(S) ® 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 err his/her/their signature(s) on the instrument the person(s), P. BAUER or the entity upon behalf of which the person(s) acted, Commission # 1380630 6,MVCornrn.E=0ct19 Notary Public - Californiaexecuted the instrument. Los AngelesCounty 20ob WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 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 [I Other: Top of thumb here Signer Is Representing Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General El Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1994 National Notary Association - 8236 Remmet Ave., P.O. Sox iiw - �anvya tea' — — , -- „__..., aom Reorder. Call Toll -Free 1-800-876-6827 GULF 1NSURANCFC.,0r0PANY Richard Adair P. Bauer I In quo! /np 171 V nn 0 n nn A W Ws TATF&F via was Msmame company pas caul Use Prey ifs 11 be silo mv local any rMyny am s ol& .1 WIT 0 lye 00 Qwc 1 AAMME 3 "A yok zoo! !A V7 0 077 50ham w 9 w 70"ac swqnj me aqw, to wqn- oo TCON; WIMPUnar WOO its ;me F"S if POW 01 T-Ar" no 10 Ve ;sins01 V. i I WY t W arn W M! W Kovowd Maw a 1 Pno 1 14th February 03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of e/ - ;91 County of �-14_QVJ^/�_) On A14a .4 �� D3 before me, /� Date Name and Title of O icer (e.g.,'Ja e oe, Notary Public J personally appeared Name(s) of Signer(s) personally known to me — OR — - proved to me on the basis of satisfactory evidence to be the person whose name /IsLax&subscribed to the within instrument and acknowledged to me that he%He;lihey executed the SANDR,AKAYHODGE same in his/%9r41;@ 1r authorized capacity4l;4 and that by Commission# 135W96 Z his/4@44h it signature/on the instrument theperson/ Notary Public - California T. or the entity upon behalf of which the persor/) acted, Riverside County executed the instrument. My Comm. Ewes Jun 26, 2005 WITNESS my hand and official seal. SgoCatr96f Notary FILric 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): 1J Partner — I Limited ❑General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: C Number of Pages: Individual Corporate Officer Title(s): Partner — - Limited - General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER © 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Executed in Duplicate Bond No. B34232040 Premium $4,895.00 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to La Quinta Del Oro 147, LP , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as Tract 30521 ; and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Gulf Insurance Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of TWOHUNDREDFOURTYFOURTHOUSAND SEVENHUNDREDTWENTYFIVE & NO/100 Dollars ($ 244.725.00 ) 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 February 14th, 2003. La Uinta Del Oro 147 LP Principal r (Seal)�A Signature of Principa Title of Signatory Gulf Insurance Company Surety (Seal) �2fu- ignat re of Surety Richard Adair, Attorney in Fact Title of Signatory Gulf Insurance Company Address of Surety 110 West A Street, Suite 1805, San Diego, Ca 92101 619-446-2844 Phone # of Surety Dave Banfer Contact Person For Surety F210 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles February 14, 2003 before me, P. Bauer, Notary Public On Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Richard Adair Name(s) of Signers) ® 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), P. BAUER Commission # 1380630 or the entity upon behalf of which the person(s) acted, Not«y Public - Ccllifornio executed the instrument. Los Angeles County ' MyCorrjn.E)PVesoct19,nj WITNESS my hand and official seal. Sig ture 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 El Guardian or Conservator ❑ Other: Signer Is Representing RtGHTTHUMBPRINT OFSIGNER Number of Pages: Signer's Name: ❑ Individual Ej Corporate Officer Title(s): Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer is Representing: m 1994 National Notary association • 8236 Remmet Ave., i'.v. two I ­ - ­ ­1-' - Reorder. Call Toll -Free 1.800-876-6827 f3aULF INSURANCE fil N Richard Adair P. Bauer 11 S11-1,A 1, % Vo, i, ,'jr i k re 1 •1 7 zE', "e4ut v� 'tj-, p --Cj's ,')I ?!,J illi ICnONIA Al 111 .Dl1RPOSE ACKNOWLEDGMENT State of County of ✓• On et1/�l✓A�3 before me,��e 2 Date _ AA Name d Tie of Officer (e.g., " ane Doe, Notary Public") personally appearedT��.i7� �GY• /�/Ll�i.� Name(s) of Signer(,) Personally known to me — OR — E proved to me on the basis of satisfactory evidence to be the person/ whose name Is/tee-subscribed to the within instrument and acknow edged to me that he44@lil� executed the SANDRAKAYHODGE same in his/' he+r authorized capacity4e-&), and that by Commission# 1358698 Z his/he weir signature on the instrument the person�'j, Notary Public- California f or the entity upon behalf of which the person') acted, Riverside County executed the instrument. MY Corrrn. Ex0res Jun 28, 2008 WITNESS my hand and official seal. 01��Signatuur. f Notary 1.1lic 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 E Corporate Officer Title(s): ' Partner — El Limited E General E Attorney -in -Fact Ei Trustee _ E Guardian or Conservator I_l Other: Top of thumb here Signer Is Representing: Signer's Name: E Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ' General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER •p of © 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5901 meoraer. uau lull-r— ,-o..-..