29889 LPP, Inc.CITY of LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
Parcel Map 29889
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
q w day of -Zo-eo-w. 20 fl I
by and between LPP, 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 Map 29889 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements").
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping,
and other improvements required to be constructed or agreed to be constructed under this Agreement as listed
in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and
scheduling of construction shall be as approved by the City Engineer.
3. Imorovement 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.
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.
T:\PWDEPT\STAFFXMartinez\Tracts\agreemerrts\29889.wpd Page 1 of 6
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) Alien 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 forth of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver
of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different
form and/or source (surety or financial institution) of security initially submitted and for substitution of securities
but shall not be required for submittal of warranty security if the warranty security is of the same forth 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).
T:\PWDEPr\STAFF\Martinez\Tracts\agree nts\29889.wpd Page 2 of 6
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., 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 OnePercent(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 fors 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 demandtoSubdivider's Surety for payment of said cash
and Subdivider's Surety shall pay to City the lesser of: 1) the account demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including
non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated
in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days
written notice by registered or certified mail, return receipt requested.
G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall
security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus
Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for
any improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be
released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City
receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year
warranty period, there are one or more outstanding requests by City for performance of work or provision of
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Reouired. Prior to commencing any phase of work, Subdivider shall obtain all permits required
forthat 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
T:\PWDEPr\STAFF\Mertinez\Tracts\agreements%29889.wpe Page 3 of 6
to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on
behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form
acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One
Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion
of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property
shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the
failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's
obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90)
days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions
of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in
Exhibft A. Failure by Subdivider to begin or complete construction of the Improvements within the specked 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 condftions 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, at sec. of the Subdivision Map Act and of the
La Quints 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
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
T:\PWOEPT\STAFF\Martinez\TracU\agr eMs\29889.wpd Page 4 of 6
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 Securi(y. 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. 1f Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform the
obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and
reasonable attorneys fees incurred by City in enforcing such obligation. In cases of emergency or compelling
public interest, as determined by the City Engineer, the requirement for written notice of default and/or the
passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its
officers, employees, agents, representatives, and assigns harmless from and against any losses, claims,
demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with
Subdivider's performance herein under, including costs of suit and reasonable attomeys' 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. Severabil9y. In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated
hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and
sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either
party may change its address for notices hereunder by notice to the other given in the manner provided in this
subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs,
executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party
shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall
not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
T:\PWDEPTSTAFRMartinm%Tracts\agreements\29889.wpd Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY: City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
7601777-7075
Date
ATTEST:
City C
SUBDIVIDER: LPP Inc., A California
Corporation
(760)346-0745
By: -L7—CN
p Title: Date
•
t�c.�, .
By:
Date
Title:
Reviewed and Approve
Approved as to Form:
/ t 27 d
Date/
T:\PWDEPTSTAFFlMartii \Traas\agreemants%29888.wpd _ Page 6 of 6
Exhibit A
SECURITY - PARCEL MAP 29889
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security
prior to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory' have been or will be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
The "Engineering & Plans" security will be released when the City has possession of complete, approved, original
plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency",
which may be utilized for any listed item or for other cost found necessary in the design or construction of the
required improvements, may be released in whole or part by the City Engineer, at any time after construction
plans are complete and the scope and nature of improvements are fully known. These releases shall be separate
from and in addition to the reductions discussed below.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total performance
security for the tract and shall not reduce total performance security below the amount necessary to complete the
Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be
evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting
forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council.
Percent
Total Amount
Improvement Description
Performance
Labor & Materials
Compi e
To Secure
Grading
15,452
15,452
95
773
Paving & Storm Drain
244,762
244,762
50
122,381
Domestic Water
146,876
145,876
80
29,175
Sanitary Sewer
46,202
46,202
80
9,240
Dry Utilities
30,000
30,000
80
6,000
Monumentation
10,000
_ 0
-9
10,000
Construction Subtotal:
$492,292
$482,292
177,569
Engineering & Inspection
17,757
(10% of Construction)
Contingency
19,533
(10% of Project)
Total:
$214,859
Percent of Work Completed (36%)
OUTSTANDING
Name: LPP, Inc. (Palm Desert National Bank)
Tract No. Parcel Map 29889
Date of Contract: 12/04/01
Required Bond Amounts:
Grading
Paving/Drainage
Water
Sewer
Utilities
Monumentation
Engineering/Inspect.
Contingency
$ 15,452 ($
773)
$244,762 ($122,381)
$145,876 ($
29,175)
$ 46,202 ($
9,240)
$ 30,000 ($
6,000)
$ 10,000
$ 17,757
$ 19,533
Performance/Labor&Materials
Same
Same
Same
Same
Performance only
Performance only
Performance only
(Amount in parenthesis is reduced amount required for performance)
Dates of Bond Reductions:
Outstanding Bonds:
Insurance Company: Insurance Company of the West
Amount: Bond No. Date Cancelled/Released:
$214,859 (P)
LOC#1295 Replaced/Released 217/02
$492,292 (P)
1846210 Reduced to rider amount
$ 57,457 (rider)
1846210
$482,292 (L&M)
same
I.C.W. GROUP
®INSURANCE COMPANY OF THE WEST
❑EXPLORER INSURANCE COMPANY
❑INDEPENDENCE 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
www.icwgroup.com
AMOUNT OF COVERAGE RIDER
To be attached to and form part of Bond No. 1846210 in the amount of $2,867.00. issued by Insurance Company
of the West on behalf of LPP, Inc. in favor of Subdivision of Parcel Map 29889.
It is understood and agreed that the bond described above is hereby modified so as to state the bond amount is
decreased from $492,292 to $57,457, such change in the amount to have effect as of and from date.
Said Principal and said Surety shall be liable under said bond for loss sustained by the Obligee during the period
such change shall continue in effect, only to the extent by which the bond amount exceeds loss, if any, covered by said
bond which shall have been sustained by the Obligee prior to such increase/decrease.
Signed, Sealed, and Dated this 13th day of July, 2994.
BY: qLP�PI Inc '(�
�{ �1 i�l� �.� �I\.C� �J CPO
(PRINCIPAL)
1W
Insurance Company
)Aichael H. Pradels s
ATTORNEY -IN -FACT
GN.ICW 175(M)
No. 0001404
1CW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company I 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, The
Explorer Insurance Company, a Corporation ditty organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred in as the "Companies"), do hereby appoint
THOMAS A. JAMES, MICHAEL H. PRADELS, DENNIS BORSENBERGER, GARY T. PETERSON
their tme 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 16th day of January, 2001.
c carxriro; 0Q' poop@ry �5° �o�� INSURANCE COMPANY OF THE WEST
ysonmso� i j u° 4' �, t .F THE EXPLORER INSURANCE COMPANY
zomA
4.
is
SEAL_ o a INDEPENDENCE CASUALTY AND SURETY
`Wean,on ,' d +s, .` 0 COMPANY
61 gN
John H. Craig, Assistant Secretary John L. Harriman, Executive Vice President
State of California
} County of San Diego ss.
On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Barnum and John H. Craig, personally known in me 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 persons acted, executed the inshnment.
MARY COBB
COMM. #1321341 p
_ NOtARY POSLiC-CALIFORNIA N
NTY 0
Q d' MyCommissim Expses
SEPTEMBER 20.2005
Witness my hand and official seal.
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 of Attorney appointing the persons) 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 similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment. 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 such 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, The Explorer Insurance Company, and h,dependence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in fill force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 13th day of July 2004
John H. Craig, 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 Attorney 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 San Diego
On July 13, 2004 before me, Elizabeth C. Stringer, Notary Public,
appeared Michael H. Pradels,
® personally known to me -OR_ n - ' ` — - �s cf�atisfasteFy eridc�e to be the person
whose name is/ar� subscribed to the within instrument and
acknowledge to me that he/sue executed the same in his4mAheir
authorized capacity(aae); and that by his/13 4*eir signatureV on the
instrument the person( sa or the entity upon behalf of which the persono
ELIZABETH C. STRINGER acted, executed the ' tument.
Commission#1303638 z
Notary Public - Califomia £
San Diego County
My Comm. ErPires Wtay6, 2D05 WITNESS my hand and official seal.
Signature of Notary
Though the data below is not required by law, 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
DESCRIPTION OF ATTACHED DOCUMENT
Bond Rider
❑ PARTNER(S) ❑ LIMITED 2 pages
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
Issued on July 13, 2004
6MCC) Na"a090g;13Mt12MIefe]
NAME OF PERSON(S) OR ENTITY(IES)
Insurance Company of the West
Michael H. Pradels
CA-ICW 24 (7/W)
47
FAITHFUL PERFORMANCE BOND
(Subdivision Agreement)
Bond No.: 1846210
Premium: $10,346.00
WHEREAS, the City Council of the City of La Quinta, State of California, and LPP, Inc., a California
Corporation (herein designated as "principal") have entered into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement, dated December 4, 2001 and identified as
project La Quinta Professional Plaza, Parcel Map 29889, City of La Quinta, County of Riverside, 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 Four hundred ninety-two thousand two
hundred ninety-two and 00/100 dollars ($492,292.00) lawful money of the United States, for the payment of which sum
well and truly 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 it's 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 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.
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 anywise
affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 31, 2002.
Address of Surety Principal
11455 El Camino Real LPP Inc a California Corporation
San Diego, CA 92130-2045 . n /f (J ,1Y1/(
Insurance CompanyCompa2y of the West
B� � �� p4v o p�
Mi ael H. Pradels, Attorney -In -Fact
Acknowledgment by attorney -in -fact must be attached. _ �d
1 =«
CA-ICW 18 (7100)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego ss.
On —January 31 2002,before me, Elizabeth C. Stringer Notary Public
Date Name and TV. of ORmer (e.g.,'3ane Doe, "ore, Public")
personally appeared Michael H. Pradels
Nanne(s) of Signer(s) '
ELIZABETH C. STRINGER
Commission # 1303838
z =� Notary Public- Califomia
San Diego County
My Comm. Expires May 8, 2005
Place Notary Seal Above
12 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persori(�gf whose name,W is/are-
subscribed to the within instrument and
acknowledged to me that hel&he4hey executed
the same in his/helAheir authorized
capacity(iosr; and that by his/hei4t4eir
signature(sl on the instrument the personK,, or
the entity upon behalf of which the person(gf
acted, executed the instrument.
WIT ES _my h taoffir
I seS
Signature of Notary Pectic
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: Performance Bond
Document Date: January 31 2002 Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Michael H. Pradels
❑ Individual
❑ Corporate Officer — Title(s): Top of thumb here
❑ Partner —❑ Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Insurance Company of the West
w i nanonal NMry Association • 9350 De Sore Ave., PD. Box 2402 • Chatsworth, CA 91313 2402 • wmv.nabwalnolary.oy Plaid . Ne. 5907 Peorder: Call Toll Fred 1-600.0766827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of l _0 I FC)e IA
County of ��yERS Il�E
On rf kl R_u P,� S QOpD_ before me, &E l (P b Yn(, A10 . %Jb H2c� I c�
to Name and Title of C)Roer ( . , "Jane Doe, Nota Publil
r1 '�
personally appeared
Kpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person
whose named is/fie subscribed to the within instrument
and acknowledged to me that he/sfie/tljey executed the
same in his/hlat/th'giT authorized capacity(iK, and that by
; "j "" HEIL ORE ' " his/l)r lth*rsignatureA)4-on the instrument the person
�,y ,w�.,„,s SHEILA D. MOREIJb
a g Comm, #1201211 7, or the entity upon behalf of which the personf�'acted,
g i Q Notary Public-Califomia p executed the instrument.
z cx Riverside County
My Commission E��IIrel
o^" .Jovernber9th, 2002 ~ WITNESS my hand and official seal.
:,.r....t............r...ber 1...rt..r2 1
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: C--A t4A+.4 P akko) PVye i , &,il ---
Document Date: 3 1 0 oo Number of Pages:-
Signer(s) Other Than Named Above: A Y lI LDlAFl2
v
Capacity(ies)-Claimed by Signer(s)
Signer's Name: I°CA,UOA h *()) E_e,
❑ Individual
Corporate Officer /�
Title(s): VICE f 2ESt 0E,JT
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
rl TniRtaa
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
>_PP, s N e_ .
RIGHT THUMBPRINT
OF SIGNER
11
Signer's Name:
F ■
i
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-71M Pnocl No. 5907 Reorder: Call Toll -Free 1-800-876-6827
No. 0001404
•' ICW GROUP
Power of Attorney
Insurance Company of the West
The 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, The
Explorer Ins frame Company, a Corporation duly organized under the laws of the State of Arizona, 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
THOMAS A. JAMES, MICHAEL H. PRADELS
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.
�YN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
a� zy dauq* Mo INSURANCE COMPANY OF THE WEST
7" ^¢ �t•�caeoy,�.4�? O THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
l GesaM , t a'►°
John H. Craig, Assistant Secretary
State of California
County of San Diego as.
John L. Hannum, Executive Vice President
On Jamrary 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose rames are subscribed to the within instrument, and acknowledged to me that they executed the same in then authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
NOHMAPORTER
COMM. #1257540NOTARY PUUC-CALIFORNIA
SAN DIEC60 COUNTY OO a /, ,�
My Commission Fapires ,a///ry//r/
MARCH 18, 2004 Il Yiir�`
Norma Porter, 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 my Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and suretybonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, 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 such facsimile representations shall have the sauna
force and effect as if normally 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, The 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 of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 31st dayof January 2002
John H. Craig, 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 Attorney 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 Croup,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
(Subdivision Agreement)
Bond No.: 1846210
Premium: Included in Performance Bond Premium
WHEREAS, the City Council of the La Quinta, State of California, and LPP, Inc., a California Corporation
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
certain designated public improvements, which said agreement, dated, December 4, 2001 and identified as project La
Quinta Professional Plaza, Parcel Map 29889, City of La Quinta, County of Riverside, is hereby referred to and made a part
hereof, and,
WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the
work, to file a good and sufficient payment bond with the City 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City
of La Quinta and all contractors, subcontractors, laborers, material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four hundred eighty-two
thousand two hundred ninety-two and 00/100 dollars ($482,292.00), for materials famished or labor thereon of any kind, or
for amounts due the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in
an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in
addition to the face amount thereof, costs and reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3
of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 January 31, 2002.
Address of Surety Principal
11455 El Camino Real LPP, Inc., a California Corporation
San Diego, CA 92130-2045
By: atA%
Insurance
Company of the
/West
By: �YJu�Y
Mohael H. Pmdels
Attorney -In -Fact
Acknowledgment by attorney -in -fact must be attached.
CA-ICW 48 (7/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of San Diego
On January 31, 2002 , before me, Elizabeth C. Stringier, Notary Public ,
Data Name and Title of OHlcer (e.g.. "Jane Doe, Notary Public")
personally appeared Michael H. Pradels
Names) of Signers)
[Apersonally known to me
❑ proved to me on the basis of satisfactory
evidence
ELIZABETH C. STRINGER
Commission A 1303638 to be the person( whose name(.sf is/aFe
zOMYCOMM.
Notary Public- California = subscribed to the within instrument and
San Diego County acknowledged to me that he/sHe/i#aey executed
ExpireaMay8,2(g5 the same in hiyrlief,i,=leir authorized
capacity(Lea), and that by his/Oier # r
signature,(s}on the instrument the personK, or
the entity upon behalf of which the personf.8f
acted, executed the instrument.
WIT my hand d officjal5sf
(�}
Place Notary Seal Above 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: Payment Bond
Document Date: January 31, 2002 Number of Pages: 2
Signers) Other Than Named Above: none
Capacity(ies) Claimed by Signer
Signer's Name: Michael H. Pradels _
❑ Individual
Tap of thumb here
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Insurance Company of the West
01999 National Notary Association • 93W De Soto Ave., P0. Box 2CO2 • CEawmdh. CA 91313 2CO2 • wwenalionalnmW org Prod No, 5907 Reortlee Call Tall -Free 1-800 876 6827
C'ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of l,P
County of
On k1.t14g S QOOa before me, f�(fL��iY)DPFe1hNOiF)P�.�u�/i[ ,
ai� Name and Ttle of Officer (e.g. "Jane Doe, Notaryublic")
personally appeared
Names) of Signers)
IXpersonally known to me — OR — El proved to me on the basis of satisfactory evidence to be the person
whose narlisl subscribed to the within instrument
and acknowledged to me that he/,"Allil executed the
"„ " , ,,- same in his/hX/thVLauthorized capacityQb�), and that by
his#W/th* signatureplil the instrument the person
SHEILA D. MpRE'Nb or the entity upon behalf of which the persona`) acted,
GYi Comm. # 1201211
Z - c w Notary Pubic Califorruaz executed the instrument.
Riverside County
„-o,, MVComrMsalon EvIl WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: J A N � 31 Number of Pages: --b OE —
Signers) Other Than Named Above: __Yl l 7RzAn _c,
Capacity(ies) Claimed by SiSigner(s)
1 l Signer's Name: 1RIUP(� 1, `6 o a E_,2
❑ Individual
Corporate Officer
Title(s): \/(0-E,l0EfJTi
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing
Signer's Name:
❑
Individual
❑
Corporate Officer
Title(s):
❑
Partner — ❑ Limited
❑
Attorney -in -Fact
❑
Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
". OF SIGNER
01995 National Notary Association • 8236 Retract Ave., P.O. Box 7184 • Canoga Par, CA 91309-7184 Prod, No, 5907 Reorder: Call TollFree1-800-8]6682]
No. 0001404
ICW GROUP
Power of Attorney
Insurance Company of the West
The 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, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, 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
THOMAS A. JAMES, MICHAEL H. PRADELS
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 16th day of January, 2001.
+M� 0 taeu99 'ND INSURANCE COMPANY OF THE WEST
oi`catoa�+.fTHE EXPLORER INSURANCE COMPANY
t - i SEA O INDEPENDENCE CASUALTY AND SURETY COMPANY
DNA
V
John H. Craig, Assistant Secretary
State of California
County of San Diego } Ss.
John L. Hannum; Executive Vice President
On January 16, 2001, before me, Nora Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me out 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.
Witness my hand and official seal.
NORMA PORTER
COMM. #1257540 ypp
O A. -NOTARY PUBLJFOALIFORNIA O
` SANOIEGQC Expim O ` -
'MyCo IrGOC Expires
MARCH 19, 2004
Norma Porter, 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 of Attorney 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 similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of my 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 such facsimile representations shall have the aa=
fora and effect as if min ally 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, The 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 of to Companies, and are now in full force.
INWIT1,MSS WHEREOF, I have set my hand this 315t dayof January 2002
John H. Craig, 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 Attorney Number,
the shove 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.