29963 Coral Mountain CourtCITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 29963
ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreeme C) is made and entered into this
4t-- day of 3
20 Q by and between Bruce R. Baumann, Janiffer A. B umann, and Baumann Family
Trust, 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 las 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. 29963 (the "Tract") pursuant
to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map
Act").
+r
B. Prior to ap Droval of (he Map, Subdivider is, required to install or agree to install certain public and.
private imp ovements (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, THERE ORE, 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. Improvemelnt Security.
A. One cl ss of security to be provided by Subdivider, hereinafter referred to as "performance
securi ," shall assure the faithful performance of this Agreement including construction of the
Improv ments, payment of Subdivider's fair share of Improvements which have been or.will be
constr cted by others ("Participatory Improvements"), and payment of plan check and permit
fees. A second class of security to be provided by Subdivider, hereinafter referred to as
"payment security," shall assure the payment of the cost of labor, equipment and materials
supplied to construct the Improvements. A third class of security to be provided by Subdivider,
hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the
Improv ments for a period of one year following the completion and acceptance of the
Improv ments. Subdivider shall furnish performance and payment security prior to and as a
conditi n of City Council approval of the Map. Subdivider shall provide warranty security after
Improv ments are complete and accepted by the City Council and prior to or concurrently with
the fin I release of performance security. Warranty security shall not be required for
Monu entation or Participatory Improvements. However, the City may utilize Monumentation
Securit for performance of or payment for the work in accordance with the Subdivision Map Act.
As pa 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 ir clude and assure the payment of costs and reasonable expenses and fees, including
reason able attorney's fees, incurred by City in successfully enforcing the obligations thereby
29963 ONSITE j Page 1 of 7
B. Improv ment security shall conform with Section 66499 of the California Government Code and
one or ore of the following: '
1) A c�sh deposit with City or a responsible escrow agent or trust company, at City's option.
2) Su ety 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
(lat st version).
3) Ce ificates of deposit, in City's name, from one or more financial institutions subject to
reg ilation by the state or federal government and having a financial quality rating of "A" or
bet er and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of he Los Angeles County Treasurer's office).
4) IrrE vocable letters of credit, issued by one or more financial institutions meeting the
req irements of Paragraph (3), pledging that the funds necessary to carry out the completion
of he Improvements are on deposit, guaranteed for payment, and constitute a trust fund
wh ch is not subject to levy or attachment by any creditor of the depositor until released by
Cit f. 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
ne d 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
froin 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
exF iration or until sixty (60) days after City receives notice from the financial institution of
intc nt to allow expiration of the letter of credit.
5) A I en upon the subdivided property, if City finds that it would not be in the public interest to
re . uire 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
col ateral 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
pr fits 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
Sec,tion 16430 of the California Government Code, deposited, at City's option, with City or a
re ponsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
perforniance 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 Ci Engineer or a duly authorized representative of the City Engineer. The amount of
Payme t security shall equal the amount of the amount of performance security, except as
otherw se set forth in Exhibit A, and shall be furnished as a separate security. Warranty security
shall a ual Ten Percent (10%) of the amount of performance security except as otherwise set
forth in Exhibit A.
D. At the ime of submittal of security, Subdivider shall pay to City administrative fees applicable to
the fo of security provided. Administrative fees shall apply to the subdivision (final map, parcel
map o waiver of parcel map) rather than to individual security instruments. The fees shall be
paid s parately 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
29963 ONSITE I Page 2 of 7
warranty security if the warranty security is of the same form and from the same source as the
perfomiance 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) Fo liens on real property as described in Paragraph 5) of SECTION 3.6., for which City will
pr pare lien agreements and subordination agreements, administer valuation of the real
pr perty and administer the agreements over the life of the lien, all of which require legal
as istance 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
Fiv Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) Fo� 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
Subdiv der's share of the cost of the Participatory Improvements. Payment security and warranty
secud shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replace ment 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
deman to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the les er of: 1) the amount demanded, or 2) the amount of the security.
F. Securit shall not expire, be reduced or become wholly or partially invalid for any reason,
includi g 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) . Pe ormance security shall be released upon the final completion and acceptance or
ap roval, by the City Council of the Improvements subject to the provisions of paragraph B.
2) Th City Engineer may authorize partial reduction of performance security as work
pr resses, upon application by Subdivider. However, no such reduction shall be for an
am unt less than Ten Percent (10%) of the total performance security provided for the faithful
pe ormance of the act or work. In no event shall security be reduced below that required to
gu rantee the completion of the act or work or obligation secured, plus Ten Percent (10%).
Th City Engineer shall not allow more than two partial reductions of security furnished for
an improvement agreement.
3) M'divider's
icipatory Improvement security shall be released upon payment by Subdivider of
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
Ma 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
29963 ONSITE I Page 3 of 7
irity shall be retained until the outstanding requests are satisfied or until Subdivider has
e other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits
required 'fo that phase of work and pay all required fees. Work performed under a permit or permits
shall comp y with all provisions of the required permits.
5. Off -site Im rovements. When the construction of one or more of the Improvements requires or
necessita s the acquisition of real property not owned by Subdivider or City, Subdivider shall use its
best effo purchase such real property at a reasonable price. In the event that Subdivider is
unsuccess ul, despite its best efforts, to acquire such real property at a reasonable price, Subdivider
may reque t 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 a reement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%)
of the appr ised fair market value of the real property. Any unexpended portion of said advance shall
be refunde to Subdivider. Any additional funds required for acquisition of the real property shall be
paid by Su divider to City upon the conveyance of said real property to Subdivider. In no event shall
the failure f Subdivider or City to acquire such real property excuse, waive, or otherwise terminate
Subdivider' obligation to construct the applicable improvement pursuant to this Agreement or the
Conditions f Approval.
6. Completion of Im rovements. 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 Impro ements within the specified. time periods shall constitute cause for City, in its sole
discretion e nd when it deems necessary, to declare Subdivider in default of this agreement, to revise
improvernerit security requirements as necessary to ensure completion of the improvements, and/or
to require odifications in the standards or sequencing of the Improvements in response to changes
in standard or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the v lidity of this agreement or Subdivider's obligations hereunder.
7. Force MaN ure. 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 ev nts 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 condit on of the time extension, Subdivider shall furnish securities, similar in form and substance
to those re juired 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
Improvemeots.
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 monurr ents have been set, evidence of payment and receipt thereof by the engineer or surveyor
setting the onuments, and intersection monument tie -outs for monuments set in public streets.
10. Final Acce tance of Improvements. At the completion of.construction and prior to acceptance of the
Improveme is by City,. Subdivider shall submit a request for final approval by City. The request shall
be accom anied by any required certifications from Subdivider's engineers or surveyors, approval
letters fron, 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 previou ly submitted.
29963 ONSITE I Page 4 of 7
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 reco mend acceptance of the Improvements by the City Council.
11. Revisions o 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 depic t the actual Improvements constructed. When necessary revisions have been made, each
separates eet 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
improveme its thereon, who is licensed to practice in California, and the plans shall be resubmitted to
the City Engineer.
12. Im rovement Warrantv. 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 defecti te 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. Cily Right t Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been perfo med within sixty (60) days after written notice of default from City, then City may perform
the obligati n, 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 9f 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, clai s, demands, actions, or causes of action of any nature whatsoever, arising out of or in
any way onnected with Subdivider's performance herein under, including costs of suit and
reasonable attorneys' fees.
16. No,Modific tion of Conditions. This Agreement shall in no respect act to modify or amend any
provision cf 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. Severabilit . In the event that any provision or provisions of this Agreement are held unenforceable,
all Drovisio s not so held shall remain in full force and effect.
18.
A. All noti es pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by reg stered or certified mail, return receipt requested, to the parties at their respective
addres es indicated hereon. Notices personally delivered shall be effective upon delivery.
Notice mailed as provided herein and sent postage prepaid shall be effective upon the date of
delive or refusal indicated on the return receipt. Either party may change its address for notices
hereun er by notice to the other given in the manner provided in this subparagraph.
B. The te2ecutors,
s, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, administrators, assigns, and successors of the parties hereto.
29963 ONSITE I Page 5 of 7
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This A reement shall be governed by and interpreted with respect to the laws of the State of
Califor ia.
E. In the vent of any dispute between the parties with respect to this Agreement, the prevailing
party s iall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing
party.
F. Any fai ure or delay. by either party in asserting any of its rights and remedies as to any default
shall n t operate as a waiver of any default or of any such rights or remedies provided for
hereun Jer.
IN WITNESS HEREOF, 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 Qui ta, CA 92253
7 0/77 -7075
2/ =/ C" a
Thomas P. Ge ovese, City Manager
ATTEST:
City 61s -
SUBDIVIDER:
By:
By:
By:
Bruce R. IBaumann
Date
Ace R. Baumann, Trustee (Baumann Family Trust)
uraann,
Reviewed and , pproved:
♦ w
9 ty Enginej U
Approved as to Fort*
City Attorney
(Baumann Family Trust)
Date
Date
Bruce R. Baumann
Janiffer A. Baumann
Baumann Family Trust
44-239 Monterey Avenue
Palm Desert, CA 92260
Date
6C/y//0 3
Date
-7L361o_
Date
e/ le) 3
Date
29963 ONSITE I Page 6 of 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of e
on- ` ?jQ before me, QK
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public'")
personally appeared �C S1 Ce � • �
Name(s) of Signer(s)
Y.personally known to me
❑ proved to me on the basis of satisfactory
evidence
PAMELA J. W MW ER
Commission # 1240166 Z
Notvy Public- Calffornia
z Fiverside County
My Corrm Dies Oct 30, 2003
to be the person whose name) is/4K
subscribed to the within instrument and
acknowledged to me that he/ Ny executed
the same in his/13-AAK authori ed
capacity(' , and that by his/r�itl
signature on the instrument the personftj, or
the entity upon behalf of which the personkj
acted, executed the instrument.
VNESS my hand and official seal.
Signat4e 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: �03 Number of Pages: --
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer —
❑ Partner — ❑ Limitec
❑ Attorney -in -Fact
Title(s):
❑ General
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representi
RIGHT THUMBPRINT
OF SIGNER
01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827
1 C.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO _
On U.. '�' before me,
Date i r
personally appeared (AINO
JACRLYNN HAVIGHURST, NOTARY PUBLIC
Name and Title of Officer (e.g.. "Jane Doe. Notary Public")
of Signer(s)
❑ personally known to me — OR proved to me on the basis of satisfactory evidence to be the person
whose name(j) is/afe subscribed to the within instrument
and acknowledged to me that- a/she%#Izey executed the
same in I49/her/tkoif authorized capacity(iles), and that by
jiws/her/their signature(s) on the instrument the person(p),
or the entity upon behalf of which the person() acted,
JACKLYNN HAVIG,HURST W executed the instrument.
comm. *1376647
VW)TAW KMJC4
m $24,� �,�WITNESS my hand and official seal.
Ar
Signatu of Notary Pub1'
OPTIONAL ^`
it may prove valuable to persons relying on the document and could prevent
Though the information below is not required by law,?
fraudulent removal and reattachment of this form to another document.
1^
Description of Attached Document
Title or Type of Document:` v ��► ° r`vv``�"
l;
Document Date: � ! �'��' Number of Pages:
c
Signer(s) Other Than Named Above: ..
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El
El
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
Eli
J
U
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
•• of
0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-68
Exhibit A
SECURITY — TRACT NO 29963
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 sp cified 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 ecurity. Partial releases shall be for not less than ten percent (10%) of the total
performance s curity 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 & matey als security shall remain in place until 90 days after all required tract improvements are
complete and ccepted by the City Council.
Improvement bescription Performance Labor & Materials
Grading
Street & Storm Drainage Improvements
Domestic I
Sanitary S
Monument
Dry Utilities (Eli
Subtotal of Im
Professional FE
Subtotal of Im
Contingencies
Standard Conti
Grand Total (E
, Construction (10%)
rvements with applicable
incy (10%)
d Amount)
$ 113,009.75
$ 41, 838.50
$ 22,480.00
$ 18,447.25
$ 2,000.00
$ 26, 598.00
$ 224,373.60
$ 22,437.35
$ 246,810.85
$ 24,681.08
$ 271,491.93
$
113,009.75
$
41, 838.50
$
22,480.00
$
18,447.25
$
2,000.00
$
. 26, 598.00
$
224,373.60
$ 22,437.35
$ 246,810.86
$ 24, 681.08
$ 271,491.93
29963 ONSITE I Page 7 of 7
OUTSTANDING BOND REPORT
Name: 29963
Tract No. Bruce & Janiffer Baumann (Baumann Family Trust)
Date of Contract: July 30, 2003
Required Bond Amounts:
Grading
Streets/Drainage
Water
Sewer
Monumentation
Dry Utilities
Prof. Fees Construction
Stand. Contingency
Dates of Bond Reductions:
$113,009.75
performance/labor materials
$ 41,838.50
same
$ 22,480.00
same
$ 18,447.25
same
$ 2,000.00
same
$ 26,598.00
same
$ 22,437.35
same
$ 24,681.08
same
Outstanding Bonds and Bond Company: Developers Surety & Indemnity Co.
Amount:
$271,492
$271,492
Bond No. Date Cancelled/Released:
828218S
same
$ 7,500 (PM 10) 828217S
07;1012003 1 S . 45 FAX 7607777155 La WINTA PJD WKS @ 093;40e
SUBDIVISION IMPROVEMENTS
Tact Map No. .29963
PERFORMANCE BONO
BONDiNUMBER: 828218S PREMIUM: $63,516.00/2 YR TERM
�NOW ALL MGN BY THESE PRESENTS:
THAT the City Coundi of the City Q(La Cwinta has approved the linos MAP Poe t'f k>ia
No. 29963 prior to i ntelw6an of car; air dt►bignated public improvements requb*d 6y the
GQndi bras Approval 1w the subject map, 'n acoordanee with um Cali(Ornta Mill) Act (Govammem Coft
Seclon t1fir462)
yyF1 f EitS ow city Cou�n_ciJ or the C�'qr W !�to, slaw of California, and BRUCE R BAUMANN 9 JANIFFER A
B �, BAUMANN FAMILY �`KUST hereinafter designated its ("prIndpW')
ve Ontered into s-t afreerneM wSweby grin asrsas to tat and complete certsin designated p j:)W
imp�ements, wni �y apreet-net detail 7 11 1*003 . and identified as
Tract Mop No. Syb . is hereby »tarred to snd 6w* a part hmwji: and
WHOREAG, acid wine -pal is required under the tsrms of said agmement to (urnisrt a Mond fcv the
ftithM perlwmanco of said agreernent.
NOW THMEFORE." the prindpW and DEVELOPERS SURETY AND INDEMNITY .COMPANY
ow wvra r, are held ona Arndt' bOund urt a the City tea utnta era a r t;' �'Cityr), in • Penal stun
of. TWO H RED SEVENTY ONE THOUSAND** DOLLARS ($ 271. 492.00 _)bVVI.4
moray ura" Stems, tot ft paonwt sum Wand truly to be made, vm bind Otuselves, our
l art. auccew s, executors end adrrirr'strowts, jo'n;ly and severally. ttrMly by these prO`enta,
i **FOUR HUNDRED NINETY TWO
The condlion d tl%Js ob!9allon is such MI if ttte Obwe batcrdod prtnc�p0.. his ar its heirs, n.�oruw�,
adrnWskretors, successors or assigrs, shots In s.l **W tilsnd to and abide by. end wen and uWy kD ap and
perform the covenants, cortdipons aid proviso in the said a8rar rnant and any altereflo) thwsQt M41" as
therein provided, on his or their P&M :o be kept and Warnwd at the tarty and in the mwner thanOn
dpeci! ed. and in all resDecxs accard�g to their mw intent and ream. and shall indemnity and save
twmltes the Cdy. its oSxn ra, Egaand amployeet, as inowein v1pulated. tree, this obigatial shalt become
null and w'd: etherwtss tt shelf be and ramain in NN fame and a wt.
As a port of the obigatico seew*d hereby and in adiMion to the face 2rnount specoied 1hei efor, fire
shot be included asb and reasonable rrxpensts and tees, including reasonablo attameV$ f0wl, incurred
by City in successF•Ny OMorur►g :uGh vbtigaUen, all to be tax" as caste and included in any 16d2rnr'nt
rendered,
Ful -% tmrtcs tMnM PaOp 1 2
r
at/16/2003 !15'06 FAX 7007777155
BOND
HUNDRED NINETY
LA QUINT` PUB OKS
SUBDIVISION IMPROVEMENTS
Tract Map No. 29963
4boo sioo6
LABOR AND MATERIAL BOND
NUMBER: 828218S PREMIUM: INCLUDED WITH PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS;
THAT, the City coour" or the Ctiy of La Qulrrte has approved the fins! map for Tract Nap
Nc. 29963 . prior W initaNadon or Colvin designated public Improvements roquisaed by the
Cor+dstaor 4 d Approve! o�c trie sub jW mep, in accordance with the California Map Art ((3ovemmW. Code
Section NA67)
WHEREAS, me City Ctxmcil of the City at L& QuWa. State of Caliramia, and BRUCE R BAUMANN., JANIFFER A
BAUMANN, BAUMANN FAMILY TRUST lWalneRer destgFtated is'tho pdnciDa.'` have
britKad inA an agreement wn:riby iha p at og�in" and complete Wain deoignated public
irnprowlewmc, whICIN a t. 4atee 7 , 200. end identlF a a
Tract Mop No. 29 63 , it hto and Made a part hc•eo+; and
I WHEREAS, under the terms of the ■groement, the principal is roauirea before enfermy Vpon the
performance of 2% work, to file a good and ustnaent payment bond rrlth the City of La Quints to secure thi
claims w which (efore-Am is rru de, in TRIO 15 (cbrnmencl:rg wsh Section 30$2) of Pan 4 of Division 3 01 the
'1 Coda of the Stole of Cal&rnis.
NOW, THRIWORE, the principal VW the vatdersrigned ai sorporate stm:ty, am bald frM(y hound
wpta tno City of Le QUTAU ins all cotttraMM subcontractoors, laborers, rnetenalmvi end other pe eam
s+ttgcyed In the perfor once of the agreement and referrec to in Title 15 (emmencing with Section 3082)
c PaA 4 of Diyli;m 3 of the Civil Code in Me aim of TWO =RED SEVENTY ONE THOUSAND FOUR
TWO DOLLARS (s 271.492.00 1, for e►t d Cr labor thereon of any 10nd. or for
ants Clue undkr he Unarnplayrnent Ina ame Act wild reepecl to ibis work or labor, Met eta surety will
pay the earn in an arnourtt net axcsedir►9 the amount hershubm# sat forth. and also ir. rase suit is breugm
upon this bons!. *0 pay, in addition to the Lace amount tfooW. aasW and reasonable expenses and fens.
in reasonable attomey' a fees, inaLrned by CNV in sjeeess" snforcing has obl 0a6on. to be tswsaroad
old fted by the court, and to be taxed n costs and to be Included in the judgment therein rendered.
It is %reby expressly slbulsted and rgrood that this bond she!! aturc to the benefit of any and aft
parsons, wmpv4t. and acrporalion, "ded to hie claims under Tice 15 (c ommendriV valli Section 302)
of Port 4 a* Dlvi$ion 3 of the C.W Code, so as to g ve a right of action to them or their aasVgns in any suit
brought upon Wt bond.
Should 1M1 eondj%oA of this bona be fu4y ped(omx4. then tnla oC119ation shall become nUF 3W void,
z0 wise h shall be and rernsin in full force and offoot.
FT, Low MC MWIN %ft Page 1 Of 2
i
BOND NUMBER: 828217S
I
i
FAITHFUL, PERFORMANCE BOND
(LQMC 6.16)
PREMIUM: $180.00/2 YR TERM
Fugitive Dust Control Bond
WHEREAS. the City of La Quinta. California, is prepared to authorize BRUCE R BAUMANN,
BAUMANN, BAUMANN FAMILY TRUST . 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 95
TRACT 29963 .. ; and
JANIFFER A
WHEREAS, all such construction and demolltlon activities must be parformod in such
manner as to conform with Le Quinta Municipal Code, Chaper 6.16, entitled Fugitive DU9f COnlrol to
reduco fugitive dust and corresponding PM10 emissions; and
WHEREAS, sold Principal is required by LQMC 6.16.050(A)(4) to ensuro that Fugitive
Dugt Control Plan e , prepared spocifically for the subject construction site, Is financially
secure by furnishing securky for the faithful performance of the dust control activitities required In the
Fugitive Dust Mitigation Plan.
`! NOW, therefore, we the PrInelp..-II and DEVELOPERS SURETY AND I COMPANY
as Surety are held and bound unto the City of Le Quints. as Obligee. in the penal
sum of SEVEN fA6USAND F� HUNDRED of which sum well and truly
Dollars (i , 500.00 ) laves money of the United States, for the payment
to be made, we bind ourselvoc, our heirs, successors. executors and administrators, jointly and sovorally,
firmly by th�se presents.
The condition of this obligation Is such that if the above bonded Principal, his or its heirs. executors.
administratim, 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 lime and In the
mennar thgroin specified, and in all respects according to their truo intent and meeninp, and shell
indemnify and save harmless the Obligee, its officers, agents and employees. as therein stipulated, then
this obppat�m shall become null and void; otherwise, it shalt be and remain In full form and offoct.
As a part of this obligaton cncured hereby and in addition to the face amount specified therefor, thorn
ees, In
shall be inducted costs site ressonabie oxponsos and rees.
including tad asreanab/ co-sts. tt included m��
by the Obligee in successfully entorcinp such obitgetlon, all
judgement rendered.
The surety hereby stipulates and agrees that no chngeextension hernder oof o.thleoration of ndsrtlon to the
terms of the dust control plan or to the work to be performed
accompanying tho same shall in anywise affect its obligation on this bond, and K does hereby waive
notice of any such change, oxtonsion of time, alteration or addition to the terms of the dust control plan or
to the work, the specirwa Ions, or the conditions of approval of said plan.
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