2003 - 30850 Marvin Investments, Inc. - SIA On-Site & Off-SiteCITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 30850
ON -SITE AND OFF -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreerng nY)) is made and entered into this
o? day of U1G, 200-9
by and between Marvin Investments, Inc, a California Corporation 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 Parcel No. 30850 (the "Parcel")
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 Security.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance,
security," shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Subdivider's fair share of Improvements which have been or will be
constructed by others ("Participatory Improvements"), and payment of plan check and permit
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 a period of one year following the completion and acceptance of the
Improvements. Subdivider shall furnish performance and payment security prior to and as a
condition 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 attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
T:IPWOEPTI000NCIL%2003%October 7, 2003\01d Town 308500 Oft -Site 30850400
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B. Improvement security shall conform with Section 66499 of the California Government Code and
one or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government
Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570
(latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to
regulation by the state or federal government and having a financial quality rating of "A" or
better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange
(of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, 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
TAMDEPT\COUNCIU2003\0ctober 7, 2003\Old Town 30850\0n_Off-Site 30850.doc 2 of 7
warranty security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.13., 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
TAMDEPT\COUNCIU2003\0ctober 7, 2003\01d Town 30850\0n_Off-Site 30850.doc 3 of 7
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 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. Completign 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.
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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.
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. City 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 attorney's fees incurred by City in enforcing such obligation. In cases of
emergency or compelling public interest, as determined by the City Engineer, the requirement for
written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other
provisions of this Article shall remain in effect.
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.
TAMDEPT\COUNCIL\2003\0ctober 7, 2003\01d Town 30850\0n_Off-Site 30850.doc 5 of 7
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing
party.
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY: City of La Quinta
78-495 Calle Tampico
L Quinta, CA 92253
60/777-7075
Thomas P. Genovese, City Manager Date
ATTEST:
Citt Cldrk
Marvin Investments, Inc
78080 Calle Estado, Suite 201
La Quinta, CA 92253
(760) 771-2567
By: 10JA �. �„�_ 14'r 3
Date
Title: ry c I A CA
By:
Title:
Reviewed and Approved:
Ci Engine
Date
Apnrnved a to For/V001
m:
ie1A t�rn_ey Date
TAMDEMCOUNCIU2003\0ctober 7, 2003\Old Town 30850\0n_Off-Site 30850.doc
Date
/0-22-03
6of7
Exhibit A
SECURITY — PARCEL MAP NO.30850
Improvements- designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are
complete and accepted by the City Council.
Improvement Description Performance Labor & Materials
Street Phase I and II Improvements $ 235,648 $ 235,648
Domestic Water $ 53,620 $ 53,620
Sanitary Sewer $ 16,108 $ 16,108
Totals: $ 305,376 $ 305,376
TAMDEPT\000NCIL\20010ctober 7, 2003\01d Town 30850\On_Off-Site 30850.doc 7 of 7
ALL-PURPOSE ACKNOWLEDGMENT
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DESCRIPTION OF ATTACHED DOCUMENT '
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APA 5/97 VALLEY -SIERRA, 800-362-3369
T4tyl 4 4a Qums
MEMORANDUM
To: Susan Maysels, City Clerk
From: d Wimmer, P.E., Development Services Principal Engineer
Via: 6 Ti othy R. Jonasson, P.E., Public Works Director /City Engineer
Date: August 9, 2013
Re: Reduction Bond Rider to Performance Security for Old Town La
Quinta, Parcel Map No. 30850
Please attach the new reduction bond rider to the existing Performance
security bond for PM 30850. Please find enclosed the new reduction bond
rider (reduced amount) which will secure the completion of the remaining off -
site and on -site improvements.
The amount and addresses to the developer and the surety company are as
follows:
PARCEL No. 30850
Performance
Reduced Performance
Bond Number
Security
Amount
828343S
$305,376
$54,102
Developer: Mr. Wells Marvin
Marvin Investments, Inc.
78-010 Main Street, Suite 201
La Quinta, CA 92253
Surety Company: Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
Cc: Project File I, Parcel Map No. 30850
TATracts_Parcel Maps_SP\30000-39999\30850, Old Town La Quinta\Internal Correspondence\Bond Reduction Rider
memo PM 30850.doc
P.O. Box 1504
LA QUINTA, CAI.IFORNIA 9.2247-1504
78-495 CALLF. TAMPICO (760) 777-7000
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
April 9, 2013
Mr. Wells L. Marvin
Marvin Investments, Inc.
78-010 Main Street, Suite 201
La Quinta, CA 92253
Re: Parcel Map No. 30850, Old Town La Quinta
On -Site and Off -Site Improvements Performance Security
Reduction Approval, Bond No. 828343S
Dear Mr. Marvin:
The City is in receipt of your request for a partial reduction of
Performance Security for the On -Site and Off -Site Improvements for the
above referenced project.
Per your request, the City has reviewed the construction records for the
on -site and off -site improvements for this project and the improvements
appear to be approximately eighty percent complete in 2007.
Processing of the Performance Security reduction will proceed once a
suitable replacement security (rider) in the amount specified is received.
For your reference, please see the enclosed reduction amounts (Exhibit
A).
If you have any questions regarding this matter, please feel free to
contact Ed Wimmer, Development Services Principal Engineer, at (760)
777-7088.
Sincerely,
drnothytJon son P.E.
Public Works ector/City Engineer
cc: Project File, Parcel Map No. 30850, File
Robert Marshall, Insco Insurance Services, via email
Page 1 of 2
Exhibit A
DEVELOPMENT - PARCEL MAP NO. 30850, OLD TOWN LA QUINTA
ON -SITE AND OFF -SITE IMPROVEMENTS
Performance Security (Bond No. 828343S)
Improvement Description
Labor &
Material
Original
Amount
Reduction
(Percent)
Reduction
Amount
Street Phase I and II Improvements
$235,648
$235,648
80%
$47,130
Domestic Water
$53,620
$53,62Q
90%
$5,362
Sanitary Sewer
$16,108
$16,108
90%
$1,611
TOTALI
$305,376
$305,376
_{;a _d`
$54,102
419 INSCO INSURANCE SERVICES, INC.
insc%igg Underwriting Manager for:
CAP Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
BOND RIDER
ATTACHED TO AND FORMING A PART OF:
Bond No.: 828343S
Principal: Marvin Investments, Inc.
Obligee: City of LaQuinta
Surety: Indemnity Company of California
Effective April 10 2013 , it is agreed that:
The bond number is changed to 828344S
and
The amount of the bond is reduced from $305,376.00 to $54,102.00
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms,
conditions, agreements or warranties of the above mentioned bond, other than stated as
above. Provided, however, that the liability of the company under the attached bond as
changed by this order shall not be cumulative.
Signed, sealed this 30th day of July 2013
Principal: Surety:
Marvin] Investments, Inc. Indemnity Company of California
g Attorney -in -Fact
Cassie J. Berrord,
Accepted f n Obligee Acknowledgm
ID-1184 (REV. 1/01)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725. IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make. constitute and appoint:
***Gregg N. Okura, Yvonne M. Dean, Pauline M. McLean, Mark J. Lansdon, James E. Mary, Daniel Young, Cassie J. Berrisford, Gina
Garner, Antonio Alvarado, jointly or severally`**
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attoney(s)-in-Fact, pursuant to these presents
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President. Executive Vice -President. Senior Vice -President or any Vice President of the
corporations be. and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be. and each of them hereby is, authorized
to attest the execution of any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this May 23. 2013
By: —`— -- — �Nl %emu -- o.•1y AND �0..
Daniel Young. Senior Vice -President ;:yJ� `opPcsRglF�,�
:we 10
By. o�; 1936
regg N. 0 ice -President
'�7�'• �OWP :fib
State of California
County of Orange
On May 23, 2013 before me,
Date
OCT 5
1967
Garner. Notery Public
Here Insert Name and Title of the Officer
personally appeared Daniel Young and Gregg N. Okura
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of
GINA L. GARNER which the person(s) acted, executed the instrument.
COMM. tf 2021213
+ NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORE COUNTY true and correct.
— cxam I expires May 18, 2D171
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Gina L Garner. Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore. that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California. this 30 thlay of .July . 2013
BY
Mark J. Lansdon, Assistant Secretary
ID-1360(Rev.05113)
BOND RIDER
INDEMNITY COMPANY OF CALIFORNIA
17780 FITCH SUITE 200, IRVINE CA 92614
DATE OF NOTICE
BOND NUMBER
TYPE OF BOND
LICENSE #
10/21/2003
828344S
Subdivision Improv.
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions
agreements, or warranties of the above mentioned bond, other than stated below.
OBLIGEE:
City Of La Quinta
78 495 Calle Tampico
La Quinta CA 92253
Gentlemen:
This Rider is to be attached to and form a part of the above captioned bond effective 10/09/03.
This Rider is on behalf of Marvin Investments Inc
understood and agreed, effective from above date, that:
Please Amend Bond Number To Read 828344s From 82834s
Provided, however, that the liability of the
company under the attached bond as changed
by this order shall not be cumulative.
Signed this 21 day of October, 2003
S. Smith -Bowman, Attorney -In -Fact
PRODUCER:
Hrh Insurance Services Of The
Coachella Valley Inc
77 564 Country Club Dr Steb401
Palm Desert CA 92211
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
Oil I Ohl /C) -3 , before me, DANETTE JACOBS, NOTARY PUBLIC
PERSONALLY APPEARED S. SMITH-BOWMAN====================================================_====
personally known to me ((r proved to me on the basis of satisfactory
evidence) to be the personN) whose name) isl*tk-subscribed to the
within instrument and acknowledged to me thark-Ishe/rhev executed
the same in* ri ietltireir-authorized capacity(-ier); and that by h4Aer/4eit-
signature(' on the instrument the personN), or the entity upon behalf
of which the persont�q acted, executed the instrument.
WITNESS my hand and official seal.
Signature U\Lttj mUl/)—
DANETTE JACOBS, NOTARY PUBLIC
OPTIONAL
DANETTE JACOBS
Cornmission # 1351918 Z
i Notary Public - California
San Diego County
,My Cor rn. Expires Apr 16, 2008
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying oi�^e document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTIPN OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORAT FICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
-------------------------------------
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
-------------------------------------------
-------------------------------------------
R OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-1232 (REV. 5/01)
1
ALL-PURPOSE ACKNOWLEDGEMENT
ITHE
insr.qblr
cg o Mp
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine, CA 92614
(949) 263 3300
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith -Bowman, D. Kohl, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by [heir respective Secretary this 8"' day of January. 2002.
By: ,." AND
./yo••, MP AN y
O
David H. Rhodes, Executive Vice President r`yJ;: oµ?0RgT Fes';; �PpORq C
Oct
6,
0 1936 ; 3;' w 1967
Waller A. Crowell, Secretary ?90 /�'N' •'��aa i q4/FOP d
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument.
WITNESS my hand and official seal.
Si-nature9_ C�iwog
CERTIFICATE
ANTONIO ALVARADO
p ; COMM. # 1300303
g , R8 Notary Public - California
�y ORANGE COUNTY
M yy Comm. Expires APRIL 10, 2005
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Auorocy, are in forco as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 21 rJT_ da_v of OCTOBF11 2003
mod•
By
David G. Lane, Chief Operating Officer
ID-1380 (01/02)
Bond No,828343S/2yr ter
Premium: $9,161.00
SUBDIVISION IMPROVEMENTS
Parcel Map No. 30850
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map
No. 30850 , prior to installation of certain designated public improvements required by the
Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quinta, State of California, and
Marvin Investments, Inc. hereinafter designated as ("principal")
have entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated `9/25, 2003 , and identified as
Parcel Map No. 30850 , is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Indemnity Company of California
as suretx are held and firmly bound unto the City of a Quinta reinafter call 1 ) the penal sum
OF-hreeAundredFiveThousandThreeHundred�eventy_VLARS ($ �y 3 %. ) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as
therein provided, on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall indemnify and save
harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
F201 - Performance Bond Page 1 of 2
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 manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
Ip,witness wheCeof, this instrument has been duly executed by the principal and surety above named,
on 10 200 'j
Marvin Investments, Inc.
Principal
(Seal) IJA i-
Signature of Principal s
President
Title of Signatory
Indemnity Company of California
Surety _
(Seal) �
Signature of Surety
Attorney —in —fact
Title of Signatory
3517 Camino Del Rio South Ste 200
San Diego, CA 92108
Address of Surety
(619) 521-9686
Phone # of Surety
Steve Bonilla
Contact Person For Surety
F201 - Performance Bond Page 2 of 2
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON lDl 1, (03 , BEFORE ME, LUIS GARCIA, Notary Public
PERSONALLY APPEARED: DIANE M. NIELSEN
Capacity Claimed By Signer(s):
( ) lndividual(s) ( ) Corporate
( ) Partner(s) (X) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator ( ) Other:
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
LUIs GARC�
WITNESS my hand and off l seal. Cammission�1310163 z
z Notary Public - Caliiomia
-y
—_ Riverside County
My Comm. Expires JulJul20, 2005
Signature•
u►s a c a, o ar
ALL PURPOSE ACKNOWLEDGMENT
ALL-PURPOSE ACKNOWLEDGMENT
FState of California •
ICounty of ��U ..�^ SS. '
On _ 2G Z62 before me,
• (QXTF) (NOTARY) •
' personally appeared ��Ll�S' �• ��iPU%� _ __ !_ '
,— SIGNER(S)
P ' personally known to me - OR- ❑ proved to me on the basis of satisfactory I
• evidence to be the person(v) whose name(v) •
Iis/tee subscribed to the within instrument and '
acknowledged to me that he/gheAhey executed •
' the same in hisAwrAim;ir authorized '
capacity(i=), and that by his/ �r •
Isignature(ss on the instrument the person(:), I
NOREENM.TRIPP-NEUMEYER or the entity upon behalf of which the •
' Comrtbsion# 1253341 person(} acted, executed the instrument. f
Notary Public - Ca>fiart�ta
• Ovle r ids Courtly
I •
MpCortxn.6ptresfeb1ZM04
1 WITNESS my hand and official seal. I
r
NOTARY' SI ATURE 1
' OPTIONAL INFORMATION •
' The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl-
• edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT '
PIVIDUAL
ORPORATE OFFICER AWV_146weoe� .C�/✓d !
TITLE OR TYPE OF DOCUMENT '
TITLE(S)
f ❑ PARTNER(S)
NUMBER OF PAGES
• ❑ ATTORNEY -IN -FACT •
I❑ TRUSTEE(S) <cr/ a� D3 '
' ❑ GUARDIAN/CONSERVATOR DATE Olf DOCUMENT •
' ❑ OTHER: '
IOTHER '
IRIGHT THUMBPRINT t '
• SIGNER IS REPRESENTING: OF •
NAME OF PERSON(S) OR ENTITY(IES) E
1 SIGNER '
0
1.
• o •
APA 5/97 VALLEY -SIERRA, 800-362-3369
Bond No.828343S/2yr term
*Premium included in
Performance Bond
SUBDIVISION IMPROVEMENTS
Parcel Map No. 30850
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map
No. 30850 , prior to installation of certain designated public improvements required by the
Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quinta, State of California, and
Marvin Investments, Inc, hereinafter designated as "the principal' have
entered into an agreement whereby the principal agrees to install and complete certain designated public
improvs��s, which agreement, dated 9 25 , 200 3, and identified as Parcel Map
No. , is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the agreement, the principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound
unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code in the sum ofThree Hundred Five Thousand Three Hundred Seventy —
Six DOLLARS ($ 305, 376. 00 ), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will
pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought
upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
F202 - Labor and Material Bond Page 1 of 2
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to
the terms of the agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or
addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named,
on 10/9 12003.
4JA
Principal Marvin Investments, Inc.
(Seal) '(Jj& ( J'��_
Signature of Principal Wells L. Marvin, esident
v
M OtaAL
mane Nielsen, Atwrney-in--fact
F202 - Labor and Material Bond Page 2 of 2
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON 1()1 05 , BEFORE ME, LUIS GARCIA, Notary Public
PERSONALLY APPEARED: DIANE M. NIELSEN
Capacity Claimed By Signer(s):
( ) Individual(s) ( ) Corporate
( ) Partner(s) (X) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator ( ) Other:
Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
LUIS GARCIA
WITNESS my hand and offs 'al seal. Commission S 1310163 =
Z Notary Public - Califomia
Riverside County
My Comm. Expires Jul 20, 2l,D5
Signature -
ALL PURPOSE ACKNOWLEDGMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said
Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds. undertakings and contracts of suretyship:
and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this S"' day of January, 2002.
David H. Rhodes, Executive Vice President
By: "—Ztr("W
Walter A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
C-3JQ'p\kp Rq�oF�iti';y
fir'
c,
5 I
OCT.
a :
OPPORq
V
10
OCT. 5
1936
r3,
1967
On January S, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument.
WITNESS my hand and official seal.
Signature C�kw'4
CERTIFICATE
T ANTONIO ALVARADO
pe
COMM. # 1300303
gNotary Public - California +z
ORANGE COUNTY
My Comm. Expires APRIL 10, 2005
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the
mod•
By .
David G. Lane, Chief Operating Officer
9th day of
October 2003
_
ID- 1380 (01/02)
ALL-PURPOSE ACKNOWLEDGMENT
FState of California
f County of �/ -5io -
SS. '
' On _ O_���= — before me, 4156e l-K 7��-Y' &g ! E '
• (DATE) (NOTARY) do, •
I personally appeared ai _ZG _Z- IIAWWAI I
SIGNER(S)
Ipersonally known to me - OR- ❑ proved to me on the basis of satisfactory '
• evidence to be the person(so whose name(v
' is/a= subscribed to the within instrument and '
acknowledged to me that he/*6=W;ry executed •
' the same in his/fir authorized '
capacity(, and that by his/fir
TR1PP-NEunn�rER •
Cammfsion # 125W41 1 signature(r)
' CCatitomto I or the enti
�,A,p�,��� 2� r person( ac
1 WIT • NESS r
1
1
' OPTIONAL INFORMATIO
IThe information below is not required by law. However, it could prevent
i edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPI
!• ❑ INDIVIDUAL
O�ORPORATE OFFICER
' A! S�' T TI
TITLE(S)
• ❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
• ❑ TRUSTEE(S) `
• ❑ GUARDIAN/CONSERVATOR
I❑ OTHER:
•
I
•
RIGHT THUD
• SIGNER IS REPRESENTING: OF
' NAME OF PERSON(S) OR ENTITY(IES)
SIGN]
Lo-anow -0-490M. 0-momw 0-dows- oommu-0 *.-Nmm.
on the instrument the person(-g),
:y upon behalf of which the I
ed, executed the instrument.
Iy hand and official seal. •
NOTA S GNATU . •
fraudulent attachment of this acicnowl- '
•
ION OF ATTACHED DOCUMENT I
•
CLE OR TYPE OF DOCUMENT •
I iNUMBER OF PAGES
•
DATE OF DOCUMENT •
OTHER •
I
IBPRINT I
a •
;R '0
n •
_._._._._._.J
APA 5/97 VALLEY -SIERRA, 800-362-3369
T4t�t 4 .tPQur«rw
COUNCIL/RDA MEETING DATE: October 7, 2003
ITEM TITLE: Adoption of a Resolution Granting
Conditional Approval of a Final Map and Subdivision
Improvement Agreement for Parcel Map No. 30850,
Old Town La Quinta, Marvin Investments, Inc.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council granting conditional approval of a Parcel Map
and Subdivision Improvement Agreement (SIA) for Parcel Map No. 30850, Old Town
La Quinta, Marvin Investments Inc.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Parcel Map No. 30850 is generally located on the south side of Calle Tampico
between Avenida Bermudas and Desert Club Drive (Attachment 1). This commercial
complex development will consist of six (6) parcels, lots B through E, and Lot A for
public streets and utility easements on approximately 5.41 acres (Attachment 2).
The developer has requested the City Council's conditional approval of the Final Map
(Attachment 2) which will allow 30 days for completion of its processing. To date, the
SIA (Attachment 3) has been executed by the developer but the associated securities
have not yet been received. The Final Map is technically complete and is being routed
for signatures.
As a result, City staff has prepared the attached Resolution which provides for
conditional approval of the Final Map and SIA. The approval is contingent upon receipt,
110
within 30 days (November 6, 2003), of a technically correct Final Map, suitable for
recording by the County Recorder, with all required signatures (except the City Clerk)
and associated securities.
Once these items are received, the City Clerk will affix the City Seal to the Final Map
and offer the Final Map for recording by the County Recorder. If any of the required
items are not received by City staff within the specified time frame, the Final Map will
be considered disapproved and will be rescheduled for City Council consideration only
after all required items have been received.
The developer has demonstrated to City staff that sufficient progress has been made
with the documents required for conditional Final Map approval.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council granting conditional approval of a Final
Map and Subdivision Improvement Agreement for Parcel No. 30850, Old Town
La Quinta, Marvin Investments, Inc.; or
2. Do not adopt a Resolution of the City Council granting conditional approval of a
Final Map and Subdivision Improvement Agreement for Parcel No. 30850, Old
Town La Quinta, Marvin Investments, Inc.; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R. nas , P.E.
Public Works Director/ City Engineer
Approved for submission by:
homas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Parcel Map 91
3. Subdivision Improvement Agreement
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