29457-2 TD Desert DevelopmentCITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
Tract 29457-2
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this
/6- A0 I day of e ✓ , 20 G c*X. ,
by and between T.D. Desert Development Limited Partnership, 4 Delaware Limited Partnership, hereinafter
referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California,
hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of
La Quinta, County of Riverside, which unit of land is known as Tract No. 29457-2 (the "Tract') pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act').
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements').
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping,
and other improvements required to be constructed or agreed to be constructed under this Agreement as listed
in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and
scheduling of construction shall be as approved by the City Engineer.
3. Improvement Securifii.
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
CParticipatory Improvements', and payment of plan check and permit fees. A second class of security to be
provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of
labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided
by Subdivider, hereinafter referred to as 'warranty security, shall serve as a guarantee and warranty of the
Improvements for eriod of one year following the completion ,and acceptance of the Improvements. Subdivider
P P Y
shall fumish performance and payment security prior to and as a condition of City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council
and prior to or concurrently with the final release of performance security. Warranty security shall not be required
for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for
performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security shall include and
assure the payment of costs and reasonable expenses and fees, including reasonable attorneys fees, incurred
by City in successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and
one or more of the following:
TAPWDEPT\Agreements - SIA\29457-2.wpd Page 1 of 6
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, issued by one or more financial institutions meeting the
requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements
are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by
any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the
funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written
demand need not present documentation of any type as a condition of payment, including proof of loss. The
duration of any such letter of credit shall be for a period of not less than one year. from the execution of the
agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically
renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from
the financial institution of intent to allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues,
and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an
appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local 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.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to
the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver
of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different
form and/or source (surety or financial institution) of security initially submitted and for substitution of securities
but shall not be required for submittal of warranty security if the warranty security is of the same form and from
the same source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial
institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00).
014
TAMDEMAgreements - SIA\29457-2.wpd Page 2 of 6
1-1 A 9, „ (:. - pi*.{''�+
2) For liens on real property as described in Paragraph 5) of SECTION 3.13., 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, without express authorization from City unless the surety provides City with sixty (60) days
written notice by registered or certified mail, return receipt requested.
G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall
security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus
Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
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) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year
warranty period, there are one or more outstanding requests by City for performance of work or provision of
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts
purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best
efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt
TAPWDEPT\Agreement9 - SIA\29457-2.wpd
01
Page 3 of 6
to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on
behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form
acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One
Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion
of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property
shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's
obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90)
days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions
of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in
Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time
periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider
in default of this agreement, to revise improvement security requirements as necessary to ensure completion of
the improvements, and/or to require modifications in the standards or sequencing of the Improvements in
response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not
otherwise affect the validity of this agreement or Subdivider's obligations hereunder.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such
events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time
for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny
the request or conditionally approve the extension with additions or revisions to the terms and conditions of this
Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to
those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be
sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the
extension, and to provide warranty security on completed Improvements.
9: Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the
La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have
been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and
intersection monument tie -outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other
agencies having jurisdiction over and approval authority for improvements required by this Agreement or the
Conditions of Approval, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required
documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with
applicable City standards and specifications, and as provided herein, obligations required by the Conditions of
Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in
Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City
Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer,
Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual
Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall
be 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.
VIC)
TAPWDEPT\Agroements - SIA\29457-2.wpd Page 4 of 6
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1)
year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective
work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of Section
3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide
a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment
security released.
14. Cly Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform the
obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and
reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling
public interest, as determined by the City Engineer, the requirement for written notice of default and/or the
passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its
officers, employees, agents, representatives, and assigns harmless from and against any losses, claims,
demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with
Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision
of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent
with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are)
incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall
control.
17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated
hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and
sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either
party may change its address for notices hereunder by notice to the other given in the manner provided in this
subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs,
executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party
shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall
not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
01
T:\PWDEPT\Agreements - SIA\29457-2.wpd Page 5 of 6
n:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
ATTEST:
SUBDIVIDER:
By:
Title
By:
Title:
Reviewed and Approvi
Approved as to Form:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Date
T.D. Desert Development Limited
Partnership, a Delaware Limited
Partnership,
By: T.T.D. Desert Development
Corporation, a Delaware
Corporation
ITS: General Partner,
79285 Rancho La Quinta Drive
La Quinta, CA 92253
(760) 777-7747
I �
Date
Date
T:\PWDEPT\Agreements - SIA\29457-2.wpd
Page 6 of 6
Exhibit A
SECURITY - TRACT 29457-2
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security
prior to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
The "Engineering & Plans" security will be released when the City has possession of complete, approved, original
plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency",
which may be utilized for any listed item or for other cost found necessary in the design or construction of the
required improvements, may be released in whole or part by the City Engineer, at any time after construction
plans are complete and the scope and nature of improvements are fully known. These releases shall be separate
from and in addition to the reductions discussed below.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total performance
security for the tract and shall not reduce total performance security below the amount necessary to complete the
Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be
evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting
forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council.
Improvement Description
Performance
Labor & Materials
Deferred Improvements (78 Lots)
$376,350
$376,350
Grading, On Site
57,700
57,700
Streets, On Site (Inc. Sidewalks)
344,080
344,080
Domestic Water, On Site
154,025
154,025
Sanitary Sewer, On Site
158,465
158,465
Dry Utilities, On Site
145,800
145,800
Monumentation
10.000
0
Construction Subtotal:
!!,�'/'A46-qAo
$1,236,420
Engineering & Plans (20% of Construction)
247,280
$1,4 3,700
No -Plans Contingency (35% of Project)
519,300
Total:
$2,0P3,000
0l19
OUTSTANDING BOND REPORT
Name: T. D. Desert Development (Rancho La Quinta)
Tract No. 29457-2
Date of Contract: January 15, 2002
Required Bond Amounts:
Deferred Improvements
$376,350
performance & labor
Grading
$ 57,700
same
Streets (incl. sidewalks)
$344,080
same
Water
$154,025
same
Sewer
$158,465
same
Dry Utilities
$145,800
same
Monumentation
$ 10,000
performance only
Eng. & Plans
$247,280
performance only
No -Plans Contingency
$ 519,300
performance only
Dates of Bond Reductions:
No -Plans Contingency was reduced to $509,300 by P.W. on 6/20/02.
Outstanding Bonds:
Amount:
$1,993,000 (P)
$1,236,420 (L&M)
Bond No.
76S10376638513CM
76S103766383BCM
$ 10,000(monument.) 76S103766384BCM
Date Cancelled/Released:
PERFORMANCE BOND
Bond No. 76S103766385BC4
WHEREAS, the City Council of the City of La Quinta, State of California (hereafter
referred to as the "City"), and T.D. Desert Development, Ltd., a Delaware Limited
partnership (hereinafter referred to as "Principal"), have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements, which said
agreement, dated the 18th day of February 2002, and identified as Subdivision
Improvement for Tract 29457-2 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 Travelers Casualty and Surety Company of
America, as Surety, are held and firmly bound unto the City in the penal sum of One Million
Nine Hundred Ninety -Three Thousand Dollars ($1,993,000) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, and 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 the City in successfully enforcing such obligation, all to be taxed
as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way 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 the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety name above, on the day of 2002
07
Name of Principal: T.D. Desert Development, Ltd.
Address: 530 Beacon Parkway West, Suite 800
Birmingham, AL 35209
By: T.D. Desert Development Corporation
Its: General Partner
• V
By: William B . Long
Its: Vice President
Name of Surety: Travelers Casualty & Surety Company of America
Address: 151 Farmington Avenue
Hartford, CT 06156
Authorized Signature: By:
George S . Byars
Its: Attorney -in -Fact
STATE OF ALABAMA )
JEFFERSON COUNTY )
I, the undersigned, a notary public in and for said County, in said State, hereby certify
that William B. Long, whose name as Vice President of T.D. Desert Development
Corporation, in its capacity as General Partner of T.D. Desert Development, Ltd., is signed to
the foregoing instrument and who is known to me, acknowledged before me on this day that,
being informed of the contents of the instrument, he, as such officer and with full authority
executed the same voluntarily for and as the act of the corporation, acting in its capacity as
general partner of said limited partnership for and as the act of said partnership.
Given under my hand and official seal this the `d � day of , 2002.
Notary Pu lic
My Commission Expires:
STATE OF ALABAMA )
WALKER COUNTY )
I, the undersigned, a notary public in and for said County, in said Sate, hereby certify
that George S. Byars, whose name as Attorney -in -Fact for Travelers Casualty & Surety
Company of America, is signed to the foregoing instrument and who is known to me,
acknowledged before me on this day that, being informed of the contents of the instrument, he,
as such Attorney -in -Fact, and with full authority executed the same voluntarily for and as the
act of said corporation.
Given under my hand and official seal this the r day of 002.
10 AAZ(A
N tary Public
My Commission Expires:
CEC:mc: TDD: PERFORMANCE.BOND
�Y
- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARIVIINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: George L. Byars, Jr., Arthur J. Williams, Harry W. Roberts, H, William Haig Wright,
H, Patricia D. Whitlock, George S. Byars, of Jasper, Alabama, their true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by
his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as
fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the act4of said
Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. -Wo
ir
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other wntings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
* A -
LABOR AND MATERIAL BOND
Bond No. 76SI03766383BM
WHEREAS, the City Council of the City of La Quinta, State of California, and T.D.
Desert Development, Ltd., a Delaware Limited partnership (hereinafter designated as
"Principal"), have entered into an agreement whereby Principal agrees to install and complete
certain designated public improvements, which said agreement, dated the 1.8th day of
Fehruary � 2002, and identified as Subdivision Improvement for Tract 29457-2 is hereby
referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering
upon the performance of the work, to file a good and sufficient payment and 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, material
men and other persons employed in the performance of the aforesaid agreement and referred to
in the aforesaid Code of Civil Procedures in the sum of One Million Two Hundred Thirty-six
Four Hundred and Twenty Dollar
_�or materials furnished or labor thereon of
any kind, or for amounts due under the Employment Insurance Act with respect to such work
or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove
set forth, and also in case suit is brought upon this bond, will pay, in addition, to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this boned.
Should the condition of this bond be fully performed, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specification 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 name above, on 18 *"ay of 002.
Name of Principal: T.D. Desert Development, Ltd.
Address: 530 Beacon Parkway West, Suite 800
Birmingham, AL 35209
By: T.D. Desert Development Corporation
Its: General Partner
� _ /
0
Name of Surety:
Address:
Authorized Signature:
William B. Long
Its: Vice President
Travelers Casualty & Surety Company of America
151 Farmington Avenue
Hartford, CT 06156
By:
George S . Byqrs
Its: Attorney -in -Fact
STATE OF ALABAMA )
JEFFERSON COUNTY )
I, the undersigned, a notary public in and for said County, in said State, hereby certify
that William B. Long, whose name as Vice President of T.D. Desert Development
Corporation, in its capacity as General Partner of T.D. Desert Development, Ltd., is signed to
the foregoing instrument and who is known to me, acknowledged before me on this day that,
being informed of the contents of the instrument, he, as such officer and with full authority
executed the same voluntarily for and as the act of the corporation, acting in its capacity as
general partner of said limited partnership for and as the act of said partnership.
Given under m hand and official seal this the I D '
y day of , 2002.
(f.
Notary Public
My Commission Expires: - "0
STATE OF ALABAMA )
WALKER COUNTY )
I, the undersigned, a notary public in and for said County, in said Sate, hereby certify
that George S. Byars, whose name , as Attorney -in -Fact for Travelers Casualty and Surety
Company of America, is signed to the foregoing instrument and who is known to me,
acknowledged before me on this day that, being informed of the contents of the instrument, he,
as such Attorney -in -Fact, and with full authority executed the same voluntarily for and as the
act of said corporation.
/Ok
Given under my hand and official seal this the day of MgAzn
2002. (5r
Notary Public
My Commission Expires: g �—
CEC: mc: TDD: labor. material. bond.
r TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: George L. Byars, Jr., Arthur J. Williams, Harry W. Roberts, H. William Haig Wright,
H, Patricia D. Whitlock, George S. Byars, of Jasper, Alabama, their true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by
his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as
fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said
Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. --�
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
PERFORMANCE BOND
Bond No. 76S103766384BCM
WHEREAS, the City Council of the City of La Quinta, State of California (hereafter
referred to as the "City"), and T.D. Desert Development, Ltd., a Delaware Limited
partnership (hereinafter referred to as "Principal"), have entered into an agreement whereby
Principal agrees to install and complete certain designated improvements, which said
agreement, dated the 18th � :day of February 2002, and identified as Subdivision
Improvement for Tract 29457-2 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 Travelers Casualty and Surety Company of
America, as Surety, are held and firmly bound unto the City in the penal sum of Ten Thousand
Dollars ($10000) lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, successors, and 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 the City in successfully enforcing such obligation, all to be taxed
as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any way 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 the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety name above, on the jLftay of 002
Name of Principal: T.D. Desert Development, Ltd.
Address: 530 Beacon Parkway West, Suite 800
Birmingham, AL 35209
By: T.D. Desert Development Corporation
Its: General Partner
&UY&-ZOO-- 9-
By: William B. Long
Its: Vice President
Name of Surety: Travelers Casualty & Surety Company of America
Address: 151 Farmington Avenue
Hartford, CT 06156
Authorized Signature: By: __ A�vl 44J.
George S . Byars
Its: Attorney -in -Fact
„ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies”) hath made, constituted and appointed, and do by these
presents make, constitute and appoint: George L. Byars, Jr., Arthur J. Williams, Harry W. Roberts, H, William Haig Wright,
H, Patricia D. Whitlock, George S. Byars, of Jasper, Alabama, their true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by
his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as
fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the act4of said
Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. ---a
iw
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other wrtulgs obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
TO:
FROM:
DATE:
SUBJECT:
4
MEMORANDUM
June Greek, City Clerk
Raoul Martinez, Assistant Engineer II f64101.
June 20, 2002
Tract Map 29457-2
On March 11, 2002, the Subdivision Improvement Agreement and the subdivision bonds were forwarded
to your office for Tract 29457-2. There was an inadvertent mistake made for the Performance security total.
Below is a summary of the improvement bonds, listing bond number, description, amount, and also a
schedule showing the corrected total amount for the Performance security.
rm
PERFORMANCE/LABOR & MATERIALS
Bond No.
76S 103766384BCM
76S 103766385BCM
76S 103766383BCM
Improvement Description
Deferred Improvements (78 Lots)
Grading, On Site
Streets, On Site (Inc. Sidewalks)
Domestic Water, On Site
Sanitary Sewer, On Site
Dry Utilities, On Site
Monumentation
Construction Subtotal:
Engineering & Plans
DeNLiptio Amount
Faithful Performance $10,000.00
Faithful Performance $1,993,000.00
Labor & Materials $1,236,420.00
Performance Labor & Materials
$376,350
$376,350
$57,700
$57,700
$344,080
$344,080
$154,025
$154,025
$158,465
$158,465
$145,800
$145,800
10.000
0
$1,236,420 $1,246,420
$1,236,420
(20% 19.84% of Construction) $247,280
9 $1,493,700
No -Plans Contingency (35% 34.09% of Project) $ 509,300
Total: $2,003,000
TAMDEMSTAFFNartineAmemo Mity Clerk%020613a.wpd
6%.
MEMORANDUM
TO: June Greek, City Clerk
FROM: Raoul Martinez, Assistant Engineer II OiEngineer
VIA: Roy F. Stephenson, P.E., Interim Public Works
DATE: March 11, 2002
SUBJECT: Tract Map 29457-2
Attached are the original mylars of Tract Map 29457-2, one (1) original of the subdivision improvement
agreement and the original copy of the subdivision bonds. Please forward a copy the executed
subdivision agreement to our department so that we may forward it to the developer. Below is a
summary of the improvement bonds, listing the bond number, description, and amount.
F11
Bond No.
76S103766384BCM
76S 103766385BCM
76S 103766383BCM
T.%PWDEPMTAFFW ar inez%memo 020ty CWM020311a.wpd
Description Amoun
Faithful Performance $109000.00
Faithful Performance $1,993,000.00
Labor & Materials $1,236,420.00