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29894-4 HideawayOUTSTANDING BOND REPORT Name: ND La Quinta Partners (Hideaway) Tract No. 29894-4 Date of Contract: March 22, 2004 Required Bond Amounts: Drainage $145,500 performance/labor & materials Street Imp. $264,543 same Water $384,215 same Sewer $365,785 same Utilities $ 89,180 same Monumentation $ 27,500 performance only 10% Contingency $124,900 / $124,900 Prof. Fees Design $140,200 / $137,400 Prof. Fees Const. $140,200 / $137,400 No Plans Contg. $350,400 / $343,500 *Error was made on SIA for required bond amounts - the total performance should have been $23 more. Dates of Bond Reductions: Outstanding Bonds and Bond Company: Amount: Bond No. $2,032,400 (P) 2125806 $ 302,325 (R) same $ 152,422 (W) same $1,992,422 (L&M) same Insurance Company of the West Date Cancelled/Released: Replaced w/Rider Released 7/1 /08 Released 4/27/11 Released 9/26/08 S Tw�l 4 4QUIArw P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 May 9, 2011 Mr. Scott Birdwell P.O. Box 1482 La Quinta, CA 92247 Re: Tract Map 29894-4 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office hereby releases Bond No 2125806-M in the amount of 152,422. If you have any questions, please call me at (760) 777-7002. Sincerely;, C - Veronica Montecino, City Clerk City of La Quinta cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File 1 C&t9p 4 a a" P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 April 28, 2011 Mr. Scott Birdwell P.O. Box 9546-3- i314p-� La Quinta, CA 92247 Re: Tract Map 29894-4 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office hereby releases Bond No 2125806-M in the amount of 152,422. If you have any questions, please call me at (760) 777-7002. Sincerel , C Veronica Mon ino, City Clerk City of La Quinta cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY RINDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 MAINTENANCE BOND Bond No.212 58 06 —M Premium $Inc] in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That, ND LA QUINTA PARTNERS, LLC, as Principal, and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the CITY OF LA QUINTA in the sum of ONE HUNDRED FIFTY-TWO THOUSAND, FOUR HUNDRED TWENTY-TWO AND 00/100 ($152,422.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 21 st day of May, 2008. WHEREAS, on the 21' day of January, 2004, the said ND LA QUINTA PARTNERS, LLC, as developer, entered into an agreement for THE HIDEAWAY ON -SITE IMPROVEMENTS - TRACT MAP# 29894-4 for the sum of TWO MILLION, THIRTY-TWO THOUSAND, FOUR HUNDRED AND 00/100 ($2,032,400.00); and, WHEREAS, under the terms of the specifications for said work, the said ND LA QUINTA PARTNERS, LLC is required to give a bond for ONE HUNDRED FIFTY-TWO THOUSAND, FOUR HUNDRED TWENTY-TWO AND 00/100 ($152,422.00), to protect the CITY OF LA QUINTA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said ND LA QUINTA PARTNERS, LLC shall for a period of one year from and after the date of the completion and acceptance of same by said CITY OF LA QUINTA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. ND LA QUINTA PARTNERS, LLC INSURANCE COMPANY OF THE WEST BY: Jud" A. Dickinson Att ev-in-Fact GN-ICW 163 (7100) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange } Ss. On May 21, 2008 before me, Angela H. Shepherd, Notary Public, personally appeared Judith A. Dickinson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that they foregoing paragraph is true and correct. ANGELA H. SHEPHERD COMM. # 1655356 ' NOTARY PUBLIC CALIFORNIA ORANGE COUNTY o My comm. expires April 27, 20101 WITNESS my hand and official seal. Signature of Aotary Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) INSURANCE COMPANY OF THE WEST CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT 212 58 0611INTENANCE BOND Title or Type of Document ONEO) Number of Pages May 21, 2008 Date of Document Signer(s) Other Than Named Above No. 0000050 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint JUDITH A. DICKINSON, JAMES DE BEAU, VU HO their true and lawful Attomey(s}in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. yawr+u►n g1ltZ4,y � � �G Y%�4fraGefF� q a�Fpo�r��v 4 - INSURANCE COMPANY OF THE WEST o SEAL e ± a a r EXPLORER INSURANCE COMPANY °aiNyt ` a INDEPENDENCE CASUALTY AND SURETY COMPANY cl�a;vl�4 a,14� Jeffrey D. Sweeney, Assistant Secretary State of Califomia } County of San Diego Ss. J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/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 persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Witness my hand and official seal. NARY CM iCE�f�ItM�, y1178D�J0 SAN 0M0 COUNTY Y UPERR 20, � Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers ofAttomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other Sim i lar contracts of suretysh ip, and any related documents. RESOLVED RJRTHER: That the signatures of the officers making the appointmcrit, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and sucb facsimile representations shall have the same force and effect as if manually affixed The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors ofthe Companies, and are now in full force. V IN WITNESS WHEREOF, I have set my hand this g 0 t day of �I o),00 Y . Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of R1ye.rald?, On MOAd Q61. �A before me, _ r ,n -J&--, e� CT�LLru Date HName and ille of the officer personally appeared S 1 *00D cl Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(h) whose name(h) is/dm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized IfATHRVN L }fig capacity(fes), and that by his/her/their signature(s) on the Cartwri�on 16976M instrument the person(s), or the entity upon behalf of 7 which the person( acted, executed the instrument. A"Oft CW* 61yfCorexrn.BlaNOlrl,ml I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • sf� Place Notary Seal Above Signature Signalurg of Notary Pu lic 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: _ hlti r%t f Inc e, 0 (o Document Date: _ D Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name:_ ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ El Partner — ❑ Limited El General ❑ Attorney in Fact • -. Li Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02W7National Notary Association-9350DeSoto Ave.,P.O. Box 2402-Cha6yvorth,CA91313.2402-www.NatimaiNotaryorg Item#5907 Reorder: Call TblWree1-80o-8766W Fee $18.00 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE T'�°,'� SAN FRANCISCO Wa4�;e cV I0 r 15. Certificate of Compliance I, Pauline D'Andrea, on behalf of the Insurance Commissioner of the State of California, do hereby certify that the Insurance Company of the West of California, is duly organized under the laws of the State of California, and is licensed by this Department to issue policies and transact the business of Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common. Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous insurance. The Certificate of Authority is for an indefinite term but shall expire with the expiration or termination of the corporate existence- of the holder thereof. Notwithstanding the foregoing, the Certificate of Authority may be suspended, revoked, or surrendered in the manner provided by statute. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Insurance Commissioner to be affixed this 21 st day of April, 2008. Steve Poizner Insurance Commissioner By ,� �1� Pauline D'Andrea No. 3851 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority . y THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Insurance Company of the West of San Diego, California, organized under the laws of California, subject to its Articles oflncorporation or other fundamental organizational documents, is hereby authorized to transact within.this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler. and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.. IN WITNESS WHEREOF, effective as of the 30th day of November,1978, I have hereunto set my hand and caused my official seal to be affixed Company Profile INSURANCE COMPANY OF THE NEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 27847 0922 2071-9 May 17, 1972 UNLIMITED -NORMAL Property & Casualty CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE http://interactive.web.insurance.ca.gov/webuser/idb_co�rof utl.get_co�rof'?p_EID=5809 6/4/2008 - - ---r - --� - . - WORKERS' COMPENSATION --a----- Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help t Find a CoinpanKRepresentative in My Area Financial Rating Organizations Last Revised - May 07, 2008 02:35 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof ut1.get co_Prof?p_EID=5809 6/4/2008 T414t 4 *PQ�rw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, P.E., Development Services Principal Engineer Via: Timothy R. Jonasson, P.E., Public Works Director /City Engineer Date: April 20, 2011 Subject: Release of Warranty Security for Tract Map No. 29894-4, Hideaway, On -Site Improvements Please release the following warranty security held in your files for the above referenced tract. The improvements were accepted by City Council on June 17, 2008. The warranty amount and the address to the developer and surety company are as follows: TRACT No. 29894-4 Warranty Bond No. Warranty Amount 2125806-M $152,422 Developer: Mr. Scott Birdwell P.O. Box 1482 La Quinta, CA 92247 Surety Company: Insurance Company of the West P.O. Box 85563 San Diego, CA 92186 Cc: Project File I, Tract Map No. 29894-4 TATracts_Parcel Maps_SP\20000-29999\29894-4\internal correspondence\Release of Warranty Security memo TM 29894-4 onsite.doc P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUIN-rA, CALIFORNIA 92253 FAX (760) 777-7101 September 26, 2008 ND La Quinta Partners Scott Birdwell P. 0. Box 1482 La Quinta, CA. 92247 Re: Tract Map 29894-4 (Hideaway) To Whom It May Concern: Per authorization from the Public Works Department, the City Clerk's Office hereby releases Labor and Materials Bond No. 2125806 in the amount of $1,992,422. If you have any questions, please call me at (760) 777-7002. i ,ICA JN ECINO, City Clerk La ta, California cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File Tw�l 4 4 a" MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: N' Timothy R. Jonasson, Public Works Director-/ City Engineer Date: September 24, 2008 Re: Release of On -Site Labor & Materials Security for Tract Map No. 29894-4, Hideaway Please release the following Labor & Materials security held in your files for the above referenced tract. The on -site improvements were accepted by City Council on June 17, 2008; therefore, the retention of the Labor & Materials 90-day period was completed on September 17, 2008. The Labor & Materials security amount and the address to the developer and Surety Company are as follows: TRACT No. 29894-4 Bond No. Bond Amount 2125806 $1,992,422 Developer: Mr. Scott Birdwell P.O. Box 1482 La Quinta, CA 92247 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130 Cc: Project File I, Tract Map No. 29894-4 Amy Yu, Assistant Engineer II T:\Tracts_Parcel Maps_SP\20000-29999\29894-4\internal correspondence\Release of L & M Security onsite memo TM 29894-4.doc P.O. Box 1504 LA QU[NTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 July 1, 2008 ND La Quinta Partners Scott Birdwell P. 0. Box 1482 La Quinta, CA. 92247 Re: Tract Map 29894-4 (Hideaway) To Whom It May Concern: Per authorization from the Public Works Department, the City Clerk's Office has received Warranty Bond No. 2125806M in the amount of $152,422, and hereby releases the Performance Bond and Rider in the amounts of $2,032,400 and $302,325 respectively. If you have any questions, please call me at (760) 777-7002. Sincerely VERONICA�.ONTECINO, City Clerk City of La Quinta, California cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File TW�p 4 4 Q" MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Ywimothy R. Jonasson, Public Works Director / City Engineer Date: June 20, 2008 Re: Release of Performance Securities for Tract Map No. 29894-4, Hideaway, On -Site Improvements Please release the following on -site Performance securities held in your files for the above referenced tract. The on -site improvements were accepted by City Council on June 17, 2008. The security amounts and the address to the surety company are as follows: TRACT No. 29894-4 Performance Bond No. Performance Amount 2125806 $302,325 Developer: Mr. Scott Birdwell P.O. Box 1482 La Quinta, CA 92247 Surety Company: Insurance Company of the West P.O. Box 85563 San Diego, CA 92186 cc: Project File I, Tract Map No. 29894-4 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\20000-29999\29894-4\internal correspondence\Release of Performance onsite memo TM 29894-4.doc T'af 4 44" MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Wimmer, Development Services Principal Engineer Via: 4imlothy R. Jonasson, Public Works Director / City gineer Date: June 2, 2008 Re: Retain Warranty Security for Tract Map No. 29894-4, Hideaway, Final Acceptance of On -site Improvements Please retain the attached Warranty Security for Tract Map No. 29894-4, Hideaway, for on -site improvements. Final Acceptance of the on -site improvements is scheduled for City Council consideration on June 17, 2008. Once the on -site improvements are accepted by City Council, a memorandum will be forwarded to you with instructions as to the release of the current bonds. The warranty securities are as follows: Tract No. Warranty Bond No. Warranty Amount 29894-4 2125806-M $152.422 Cc: Project File I, Tract Map No. 29894-4 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\20000-29999\29894-4\internal correspond ence\Cl erk Hold Warranty Security Memo TM 29894-4.doc TUV/ 4 -04P P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 6, 2005 ICW Judith Dickinson Insurance Company of the West 11455 El Camino Real San Diego, CA. 92130 Re: Tract Map Nos. 29894-3, 4 Dear Ms. Dickinson, Per authorization from the Public Works Department, the City Clerk's Office has received Riders reducing the following performance bonds: Tract 29894-3 Performance Bond 2123125 reduced to the amount of $311,440 Tract 29894-4 Performance Bond 2125806 reduced to the amount of $302,325 If you have any questions, please call me at (760) 777-7025. Sincerely, a�� —AZS, �� JUNE S. GREEK, City Clerk City of La Quinta, California cc: Raoul Martinez, Assistant Engineer II Cindy Zamorez, The Hideaway File fig 1 � yIre MEMORANDUM TO: June S. Greek, City Clerk FROM: Timothy R. Jonasson, Public Works Director / City Engineer DATE: November 18, 2005 RE: Reduction of Bonds, Hideaway, Tract No. 29894-4 Pursuant to Chapter 13.28.050 of the Municipal Code, the following Performance Bonds have been approved for reduction. Please accept the attached Rider to reduce the original bond amounts. Improvement Description PERFORMANCE SECURITY Current Amount Reduction Reduced Amount ON -SITE IMPROVEMENTS Grading $0 $0 Drainage $145,500 80% $29,100 Street Improvements **$264,543 80% $52,909 Domestic Water $384,215 80% $76,843 Sanitary Sewer $365,785 80% $73,157 Dry Utilities $89,180 80% $17,836 Monumentation $27,500 $1,276,723 $124,900 0% $27,500 Construction Sub -Total Standard 10% Contingency --- 80% $277,345 $24,980 Construction Total Professional Fees, Design 10% $1,401,623 $140,200 100% $302,325 $0 Professional Fees, Construction 10% No Plans Contingency 25% $140,200 $350,400 100% 100% $0 $0 Total Bond Amount $2,032,423 --- $302,325 * * Total bond amount received was $23.00 less than the above totals for a total bond amount of $2,032,400.00 Cc: Project File I, Tract No. 29894-4 T:\PWDEPT\Tracts\29894-4\intemal correspondenceNemo Perfonnance Reduction.doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: s E C E i V E D JUNE S. GREEK, City Clerk 2005 DE� 12 pM 1 J8 AND WHEN RECORDED MAIL TO: C I r Y 0 F LA Q U I N TA CITY LERK'& OFFICE CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92247-1504 DOC # 2005-0982906 11/29/2005 08:00R Fee:NC Page i of a Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 8 Recorder 1 1111 1EE E 111 d Eil 1111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. 3 f- A R L COPY LONG REFUND NCHG EXAM CERTIFICATE OF CORRECTION Tract Map No. 29894-4 Monument Substitution Title of Document THIS AREA FOR RECORDER'S USE ONLY 0 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION FML I Recording Request By and When recorded Mail to: City of La Quinta P.O. Box 1504 La Quinta, CA 92247- 1504 Attn: Public Works Dept. CERTIFICATE OF CORRECTION (MONUMENT SUBSTITUTION) I, RALPH W. GUIDA, IV certify that I am a Licensed Land Surveyor of the State of California. That Tract No. 29894 - 4 was prepared by MARY L. PETERSON Licensed Land Surveyor No. 7277 and is filed in Book 351 Pages 49 THRU 57, of Maps, Records of Riverside County, California, and that the following correction to said map are made by me in accordance with Chapter 3, Article 7, Section 66469 through Section 66472 of the Subdivision Map Act. I am the Land Surveyor assuming the responsibility for placement of the final monuments, in accordance with Chapter 3, Article 7, Section 66469 through section 66472 andSection 66498 of the Subdivision Map Act. I hereby Certify that survey was performed by me or under my direction on March 1, 2005 which verified the information contained on said map. Monument descriptions are corrected as follows. Incorrect Data The Monument Notes per said map states that all set monuments shall bear the tag number L.S. 7277 Corrected Data All set monuments shall bear the tag number L.S. 7076. r�'4r' G!!jd * P.LS.L76 Expires rG There are no property owners affected by this corregAilml Dated: b' q,o ph WGuida, IV L.S. 7076, Exp.12/31/06 State of California) s.s County of Orange) ,4-0- On ,before me the undersigned a Notary Public in and for said State, —� personally appeared RALPH W. GUIDA IV, p to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. Witness my hand and official seal: My Commission expires 'd. , z3 2 % Signature 04t 19L Notary Public — In aia or said State Name sy..�y�:iirna=^�—`•'�..t� ::-.mot: _... Coma; : cion V 14,; G� +.� COrangz C--•iny "My Cci nm. Expires May 23, 2007 My principal place of business is in Orange County My Commission Expires��, CITY ENGINEER'S CERTIFICATE This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act. Date: I a /Ito l057 Timothy Jonassbit, P.E. ( R.C.E. 45843 — Exp 12/31/06 ) City Engineer, City of La Quinta PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92247-1504 HOC # ZOOS—OSSZSo6 11/29/2005 Conformed Copy Has not been compared with original Larry W Ward County o Riverside Assessor, County Clerk & Recorder SPACE ABOVE FOR RECORDER'S USE ONLY CERTIFICATE OF CORRECTION Tract Map No. 29894-4 Monument Substitution Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Recording Request By and When recorded Mail to: City of La Quinta P.O. Box 1504 La Quinta, CA 92247- 1504 Attn: Public Works Dept. CERTIFICATE OF CORRECTION (MONUMENT SUBSTITUTION) I, RALPH W. GUIDA IV certify that I am a Licensed Land Surveyor of the State of California. That Tract No. 29894 - 4 was prepared by MARY L. PETERSON Licensed Land Surveyor No. 7277 and is filed in Book 351 Pages 49 THRU 57, of Maps, Records of Riverside County, California, and that the following correction to said map are made by me in accordance with Chapter 3, Article 7, Section 66469 through Section 66472 of the Subdivision Map Act. I am the Land Surveyor assuming the responsibility for placement of the final monuments, in accordance with Chapter 3, Article 7, Section 66469 through section 66472 andSection 66498 of the Subdivision Map Act. I hereby Certify that survey was performed by me or under my direction on March 1, 2005 which verified the information contained on said map. Monument descriptions are corrected as follows. Incorrect Data The Monument Notes per said map states that all set monuments shall bear the tag number L.S. 7277 Corrected Data All set monuments shall bear the tag number L.S. 7076. Ap LAN �� w GUza Gfi< * RLS.7076 Expires +2-3) -a(. 'k �I ca_ There are no property owners affected by this 3Dated: L o — q —o � phMWGuida, IV L.S. 7076, Exp.12/31/06 State of California) s.s County of Orange) p � -to On ,before me the undersigned a Notary Public in and for said State, —� personally appeared RALPH W. GUIDA IV, p _ to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. Witness my hand and official seal: My Commission expires �3 �`�' 7 Signature Notary Public — In an or said State ' :. CorrEr ;y esn # P;0'i;1ry P»tfc - Cai[4OMIU Orr, Cj�May My CCrYin i. E+p My princxpai place of business is in Orange County My Commission Expires�'2'T Name CITY ENGINEER'S CERTIFICATE This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act. Date: I D/l.* JoS7 Timothy Jon s� sWh, P.E. ( R.C.E. 45843 — Exp 12/31/06 ) City Engineer, City of La Quinta CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM - TO: JUNE GREEK, CITY CLERK FROM: ANTHONY COLAROSSI, ASSITANT ENGINEER I SUBJECT: TRACT MAP NO. 29894-3 AND 4, HIDEAWAY DATE: 2/27/2004 The City Council adopted a resolution granting conditional approval of a Final Maps and Subdivision Improvement Agreements for Tract No. 29894-3 and 4, Hideaway. I am transferring to you both Tract Maps and 6 SIA for you to perform the following tasks 1. Sign and return (to Public Works Dept, Anthony Colarossi) the Tract Map�,�SvY�` No. 29894-3 and 29894-4. _-� 2. Sign (SIA agreements) and keep SIA's and performance & labor bonds for on -site and off -site improvements Tract No. 29894-3 Performance On -site = $2,124,500.00 Bond No 212 31 25 Labor and Material On -site = $ 2,091,201.00 Bond No 212 31 25 Performance Off -site = $ 1,179,960.00 Bond No 212 58 07 Labor and Material Off -site = $ 1,179,960.00 Bond No 212 58 07 Tract No. 29894-4 Performance On -site = $2,032,400.00 Bond No 212 58 06 Labor and Material On -site = $1,992,422.00 Bond No 212 58 06 3. The City Manager and City Attorney need to sign Subdivision Improvement Agreements. 4. Please provide a copy for PW files of the executed agreements. If you have any questions, please contact me at extension 7089. Thanks, Anthony Colarossi Cc: Steve Speer, Assistant City Engineer Brian Ching, Associate Engineer j4ln co U'- U't : - 1 . - rr, rvw r,CHL 1 Y 1 NULSTORS 614 857 2346 TO 917603985?P.02i02 e8 p - WRITTEN CONSENT OF THE MANAGING MEMBER qF ND LA QUINTA PARTNERS, LLC The undersigned, being the We m0agirg member of ND LA QLITNTA PARTNERS, LLC, a Delaware limited liability company (the " 99MVanyy"), does hereby authorize, consenj and adopt the following resolutions: RESOLVED, that the Company be and hereby is authorized and empowered to enter into those agreements with the City of La Quinta, necessary and appropriate to process and obtain the the final tnap phases for Tract 29894 (including Subdivision Improvement A&TeCnentS) on such term-% and conditions as the Company deems necessary or appropriate; and RESOLVED FURTHER, dial Joseph Amnson, Vice President of Discovery Land Partners, LLC, a member of the Company, be an is authorized and empowered to do and perform, or cause to he done and performed, all such acts, deeds and things to make, execute and deliver, or cause to be made, executed and delivered, all such agreements, undertakings, documents, instruments and certificates in the name and on behalf of the Company or otherwise as such officermay deem necessary or desirable tv effectuate and carry out fully the purpose and intent of the foregoing reso]tttion RESOLVED FURTHER, that any acts of Joseph Arenson, which acts would have been authorized by the forcgaing resolutions except that such acts were taken prior to the adoption of such resolutions, are hereby severally ratified, confrrned, approved and adopted m acts in the narne and on behalf of the Company. Dated: January 29, 2004 NATIOfB REALT FSTORS, LTD., an Ohited iabili c y By. J. Ellis, Preside and Ctzief Operating Officer I-W6a5674.t ** TOTAL PAGE.02 ** 01-29-04 15:36 RECEIVED FROM: P.03 TaT 4 04� Q" P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 March 25, 2004 Mr. Joseph Arenson ND La Quinta Partners, LLC 81-100 Avenue 53 P. O. Box 980 La Quinta, CA 92253 Dear Mr. Arenson: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Please find enclosed fully executed Subdivision Improvement Agreements for On -Site Improvements for Tract Map Nos. 29894-3 & 4, and Off -Site Improvements for Tract Map No. 29894-3, by and between the City of La Quinta and ND La Quinta Partners. Should you have any questions, please contact Anthony Colarossi in the Public Works Department at (760) 777-7075. Sincerely, a4_�" --&. �� JUNE S. GREEK,- CMC City Clerk Enclosures c: Tim Jonasson, Public Works Director/City Engineer ga�r9 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 29894-4 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 0 day of L�/��� by and between ND La Quinta Partners, LLC a Delaware Limited Liability Company 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 Tract 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. 29894-4 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, p 9, 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 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Hideaway 29894-4\ONSITE SIA.doc 1 or 7 reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 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 Tract 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress%deaway 29894-4\ONSITE_SIA.doc 2 of 7 separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., 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 3.6., 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 30(7 TAProject Development Divisionevelopment Projects\Agreements\SIA\SIAs in Progress0deaway 29894-4\ONSITE_SIA.doc \D of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 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. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. 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 TAProject Development DivisionTevelopment Projects\Agreements\.SIA\SIAs in ProgresslHideaway 29894-CONSITE_SIA.doc 4 of 7 by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement 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 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. TAProject Development Division0evelopment Projects\Agreements\SIAkSIAs in Progress%deaway 29894-4\ONSITE_SIA.doc 5 of 7 B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable 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 La Quinta, CA 92253 dhomas 0/777-7075 P. Genovese, City Manager Date A9TCQT- ND La Quinta Partners, LLC 81-100 Avenue 53 P.O. Box 980 La Quinta, CA 92253 (760) 1-5072 By: Title: By: Title: l Date Date Reviewed and Approved: '� L6,�� 3 //,1O f Cit Engin Date Approved as to F rm- A-)-.Jze'V'LZ City Attorney Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Hideaway 29894-4\ONSITE SIA.doc 6 of 7 Exhibit A SECURITY — TRACT MAP NO.29894-4 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 Grading $ - $ Drainage $ 145,500 $ Street Improvements $ 264,543 $ Domestic Water $ 384,215 $ Sanitary Sewer $ 365,785 $ Dry Utilities $ 89,180 $ Monumentation $ 27,500 $ Totals Standard 10% Contingencey Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% No Plans Contingency 25% Bond Amount $ 1,276,700 $ $ 124,900 $ $ 1,401,600 $ $ 140,200 $ $ 140,200 $ $ 350,400 $ $ 2,032,400 $ 145,500 264,543 384,215 365,785 89,180 1,249,222 124,900 1,374,122 137,400 137,400 343,500 1,992,422 T:\Project Development Division\Development ProjectMAgreements\SIA\SIAs in Progress\Hideaway 29894-4\ONSITE_SIA.doc 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California j� ss. County of On 3Gt'1 O'.r.1;L1, �Cic)q before me, � yuh L,. AAm-k-w- �atu R-bl1` [late NarAe and Title of Officer (e.g., "Jane D , Notary Public") personally appeared SoSe.Ah Name(s) of Signer(s) KATHRYN L. HUNTER Commission # 1382 Z z t �� Notary Public - California > Riverside County My Comm. Expires Nov 1, 2006 ❑ personally known to me )( proved to me on the basis of satisfactory evidence to be the person(Q whose named istW subscribed to the within instrument and acknowledged to me that he/61be/fl9@y executed the same in his/Ifer/their authorized capacity(t%), and that by his/her/their signatureN on the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. _pic UZblu Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Sjj3� Ill lS1 Ott-LtKnyiipyQ-me-v-%+ OtaY.¢ metAi Document Date: Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nabonainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876.6827 OUTSTANDING BOND REPORT Name: ND La Quinta Partners (Hideaway) Tract No. 29894-4 Date of Contract: March 22, 2004 Required Bond Amounts: Drainage Street Imp. Water Sewer Utilities Monumentation 10% Contingency Prof. Fees Design Prof. Fees Const. No Plans Contg. Dates of Bond Reductions: $145,500 performance/labor & materials $264,543 same $384,215 same $365,785 same $ 89,180 same $ 27,500 performance only $124,900 / $124,900 $140,200 / $137,400 $140,200 / $137,400 $350,400 / $343,500 Outstanding Bonds and Bond Company: Amount: Bond No. $ 2,032,400 2125806 $1,992,422 (L&M) same Insurance Company of the West Date Cancelled/Released: K SUBDIVISION IMPROVEMENTS BOND# 212 58 06 Premium $ 21,950.00 Tract Map No. 29894-4 PERFORMANCE BOND ON —SITE IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 2 9 8 9 4 — 4 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 ND LA OUINTA PARTNERS, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated n s , 200 , and identified as Tract Map No. 2 9 8 9 4 —4 , 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 INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of and 8b)168i'** - DOLLARS ($ 2 , 0 3 2 , 4 0 0.0 0 *)'"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 SUBDIVISION IMPROVEMENTS BOND# 212 58 06 Premium is included in the Performance Bond. Tract Map No. 29894-4 LABOR AND MATERIAL BOND ON —SITE IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 2 9 8 9 4 — 4 , 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 ND LA OUINTA PARTNERS, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which a rreem ent, dated n s 200 and identified as Tract MapNo. 98yy , is herebyreferred 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 ref rred N in Title 15 (coin encin with Sec ' n 308 ) ne mill on nine hun�ed i - *� of Part 4 of Division 3 of the Civil Code in the sum of lour hundred twenty-two an� ���0 DOLLARS ($1 F 9 9 2 , 4 2 2 .0 0 ), 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 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk2IO'C CiE Pip F,,g AND WHEN RECORDED MAIL TO: f .` CITY OF LA QUINTA Attn: June Greek P. O. Box 1504 La Quinta, CA 92247-1504 DOC # 2005-0982906 11/29/2005 08:00A Fee:NC Page 1 of 3 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIII IIIIIII ill IIIIIII III IIIIIII IIIII III IIIII IIII llll M S U PAGE '.. SIZE DA PCOR NO -OR SMF MISC. A R - COPV LONG REFUND NCHG ExAM I L CERTIFICATE OF CORRECTION Tract Map No. 29894-4 Monument Substitution Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Recording Request By and When recorded Mail to: City of La Quinta P.O. Box 1504 La Quinta. CA 92247- 1504 Attn: Public Works Dept. CTRTIFlCATI: OF CORRI,("I'ION (MONUMTNT SUBSTITUTION) I, RALPH W. GUIDA, IV certify that I am a Licensed Land Surveyor of the State of California. That Tract No. 29894 - 4 was prepared by MARY L. PETERSON Licensed Land Survevor No. 7277 and is filed in Book: 351 Pages 49 '1'1 IRU 57, of Maps. Records of Riverside County, California. and that the following correction to said map are made by me in accordance with Chapter Article 7. Section 66469 through Section 66472 of the Subdivision Map Act. I am the Land Surveyor assuming the responsibility for placement of the final monuments, in accordance with Chapter ). Article 7, Section 66469 through section 66472 andSection 66498 of the Subdivision Map Act. I hereby Certify that survey was performed by me or under my direction on March 1. 2005 which verified the information contained on said map. Monument descriptions are corrected as follows. Incorrect Data The Monument Notes per said map states that all set monuments shall bear the tag number L.S. 7277 Corrected Data All set monuments shall bear the tag number L.S. 7076. S!p LAND W. Gum G * R LS. 7076 Expires r2- 1-cCp There are no property owners affected by this con Dated: R- Iph W.Guida, IV L.S. 7076, Exp.12/ 31 /06 State of California) s.s County of Orange)�a' On -- ,before me the undersigncdi a Notary Public in and for said State, - personally appeared RALPH W. GUIDA IV' p`� to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. Witness my hand and official seal: My Commission expires Signature. - Notary Public'- In an or said State Name My principal place of business is in OranOe COMM' My Commission Expires_ _ = I. CITY ENGINI',' :R'S CERTIFICATF This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Subdivision Map Act. Date: 4 t LL Timothy Jonasshn, P.E. ( R.C.F. 45843 — Exp 12/ 31 /06 ) City Engineer. City of La (luinta