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2015 - 32742 La Quinta Housing 1, LLC - Amended On-Site & Off-Site ImprovementsCITY OF LA QUINTA SUBDIVISION IMPROVEMENTAGREEMEN AMENDED TRACT MAP NO. r:FF-SITE 11,7PTOVE1,1ENTS • .:; • •. .. ,. w ': _ • is ::. �' _ ,:. •• .: ':• :i •. .. .. � .: . . •a : i • • ` _ i '. i • _ � .: f _ i is • • : • `. •. i I • .: • '... `i • i •i `• i• a i — i. �' i •. _ • r i ' _ • . i r is • ' ` • '. ' r !: '. i . • :` i : ': :• i • f. . • • `. . . • • liq i • r' : • ` i i • i i • : i • "' ` : � r • ;' • ` i • • a • i • i : • • a ' : i i ` _ i i _ • r • _:'. i .' � r ' _ • ` ` is • • i . ... .. i � .: _ . • , • • _, :. ` •: • '. .. • • i ., i ... is _ • ` •..". • i ':• • i • �' i.' _ i ` ` :•. i • '. : i ' i r ' • • • a r i ` • 1 i ` r i' i.:' i:':i i :a `i i'. i i _i •_ `ii •,: 1 of 9 SI-71619111112038AN M 11W1J16iZKQ IN Wr�rj I I WO 1203 241 VALT1716J Oil I I WZ M61 OK I 11617-NA I 110 42 LZ-JMV IMI VA pi LOIN As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face • • 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. 13Improvement security shall conform with Section 66499 • the California Government Code and may be 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, in a form acceptable to and approved by the City Attorney, 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 • the Improvements. IBM 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. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. DAt 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 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 3.13., 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). i ITIMMM-M 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. MIRINIREMMWOR Morerwdua W-SE-40 0 IMMM111 MUMMA "I Security shall not expirej 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. 4 of 9 1111MIN R F1 LO ka isle] 1101 11 L611FRZI RIMUNIII-MMMMO Ws .0 — a- -011411 11 0 0 — do — 2 -WM&?FL ir R. Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Ma*eure. 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. WIMITO WIN incomplete at the time of the extension, and to provide warranty security on completed Improvements. elmQ 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 11Inoury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. EM 18. Ro 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. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 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 •' effective upon the •. •: 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 attorneys' fees from the non -prevailing •> MM 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 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 7Gn/777 7n7C La Quinta Housing 1, LLC, a Delaware limited liability company 27285 Las Ramblas, Suite 230 Mission Viejo, CA 92691 949-348-8162 By: Woodbridge Pacific Group, LLC, a California limited liability company Its: Authorized Agent 40 By: Steve Zabala Date Title: Senior Project Manager By: Date Title:. Reviewed and Approved:: j Tiothy R. , ona o� E., Cjty Engineer Date Approved as to Form: SIGNED IN COUNTERPART William H. Ihrke, City Attorney Date 8 of 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. 1. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quints 78-495 Calle Tampico La Quints, CA 92253 760/777-7075 SIGNED IN COUNTERPART Frank J. Spevacek, City Manager Date ATTEST: SIGNED IN COUNTERPART Susan Maysels, City Clerk La Quints Housing 1, LLC, a Delaware limited liability company 27285 Las Rambles, Suite 230 Mission Viejo, CA 92691 949-348-8162 By: Woodbridge Pacific Group, LLC, a California limited liability company Its: Authorized Agent By. eve Zab ai aly—P—X4 Date Title: Senior Proiject Man ager By: Date Title: Reviewed and Approved, i TI o6thy R Janaofp, E., City Engineer Date Approved as to Form: William H. lhrke, City Attorney Date- 809 ti r rExhibitA i 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%) • 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. Totals Standard {a, Contingen Total•Cost I Performance Labor & Materials $ 2,00 $ 2,00 $ 2,00 2,00 20 20 3,00 ,00 30 0 30 0 ` CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMEN AMENDED TRACT MAP NO. 32742 ON -SITE •i I 1 of 9 Ati 111141MMMUMIM IMOA M PRI L417AT 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 may be 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, in a form acceptable to and approved by the City Attorney, 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. W-M 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kin approved for securing deposits of public moneys with City or in favor of City, as specified i Section 16430 of the California Government Code, deposited, at City's option, with City or responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit k The amount of th- performance security shall equal one hundred percent (100%) of the estimated cost constructing the Improvements, including payment of plan check and permit fees, as estimated the City Engineer or a duly authorized representative of the City Engineer. The amount Payment security shall equal the amount of the amount of performance security, except otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty securi shall equal Ten Percent (10%) of the amount of performance security except as otherwise s forth in Exhibit A. The securities required by this Agreement shall be kept on file with the Ci Clerk. The terms of the security documents specified in this Agreement are incorporated into th Agreement by this reference. If any security is replaced by another approved security, th replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have bee made a part of and incorporated into this Agreement, Upon filing of a replacement security wit the City Clerk, the former security may be released. The City Engineer shall approve replacerne of security. D. At the time of submittal of security Subdivider shall pay to City administrative fees applicable to the form of security provided. Ad6nistrative 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 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 3.13., 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). I 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. tMEWIM OTS i M M ifim Wo OWN Q 11 1 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. 11=111 �*•- 0 - - .. 6 0 3um=s 4 of 9 vfmpewt Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maneure. In the event that Subdivider is unable to perform within the time limits herein due 4 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. tu Mire Me perTurmance OT ana pajruern YOF improlerTIM, F. incomplete at the time of the extension, and to provide warranty security on completed Improvements. • - R-IffiffirFRO161:1-7 -0 IN N mi=4 lz 111 lim. 1161611 11,14111.04. .4 1AM 0 M I I I 106-4. M. I 1i12101111, 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordan with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of t improvements constructed or installed. Until such time as all Improvements required by th Agreement are fully completed and accepted by City, Subdivider will be responsible for the car maintenance of, and any damage to such improvements. City shall not, nor shall any officer employee thereof, be liable or responsible for any accident, loss or damage, regardless of caus happening or occurring to the work or improvements specified in this Agreement prior to t completion and acceptance of the work or improvements. All such risks shall be the responsibility and are hereby assumed by Subdivider. M 1 required to cover the provisions of this paragraph. M 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. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. 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. DThis 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 •: am 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. A. The Recitals to this Agreement are hereby incorporated into and expressly made a part of th - terms of this Agreement. 1. This Agreement constitutes the entire agreement of is with respect to the subject matte All modifications, amendments, or waivers of the terms of this Agreement must be in writing an signed by the appropriate representatives of the parties. 1- IV WITVESS kLUERE*F, tXe �2X!es Xerets, X2ve exec�.-W Ws Agreemtmt as rif tXe 1ay a&� year first written above. CITY: City of La QuInta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 SIGNED IN COUNTERPART Frank J. Spevacek, City Manager Date SIGNED IN COUNTERPART Susan Maysels, City Clerk La Quinta Housing 1, LLC, a Delaware limited liability company 27285 Las Ramblas, Suite 230 Mission Viejo, CA 92691 949-348-8162 By: Woodbridge Pacific Group, LLC, a California limited liability company Its: Authorized Agent By: - Ateve Zahall Date Title: Senior ._P_rqj�Mana :arts. By: Date Title: Revi ed and Approved: 1 Q18 othy I 'Jon son,, E., City Engineer Date' othy othy William H. lhrke, City Attorney Date ew® 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 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 760/777-7075 Aran, ,Sp ce , ity Manager Date ATTEST: Susan Maysels, City Clerk La Quinta Housing 1, LLC, a Delaware limited liability company 27285 Las Ramblas, Suite 230 Mission Viejo, CA 92691 949-348-8162 By: Woodbridge Pacific Group, LLC, a California limited liability company Its: Authorized Agent By: At�a�ve "Zabal Date Title: Senior Proiect Manaaer By: Date Title: Revie ed and Approved: T TiL othy R, Jon son E., City Engineer Date' Approved as to Form: William H. lhrke, City Attorney Date a of 9 Exhibit A ■ ■; • ♦ - • shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements art complete • accepted by the City Council. DescriptionImprovement Street Improvements 66,506 Signing and Striping ,00 Sidewalk 0,0 Totals 1,18 Standard 10%® Contingency 9,11 Total Construction Cost 100,305 Professional Fees, Design 10% $ 10,031 Professional Fees, Const 10% 10,01 Bond Amount 120,367 T ME TO: Frank Spevacek, City Manager FROM: ' 6 imothy R. Jolson, P.E., Public or Director/ City Engineer Bryan McKinney, P.E., Development Services Principal Engineer )0�7 DATE: February 19, 2015 RE: Subdivision Improvement Agreements for the Monterra Development, Amended Tract Map No. 32742 Attached for your signatures are two (2) original agreements with La Quinta Housing 1, LLC for the Monterra development and the agreements are as follows: Subdivision Improvement Agreement for off -site improvements Subdivision Improvement Agreement for on -site improvements Please sign all originals and return the to the City Clerk for processing and distribution. OUTSTANDING BOND REPORT Name: Monterra Development Tract Map or Case No. 32742 Date of Contract (if applicable): March 16, 2015 Required Bond Amounts: Onsite: Street Improvements $66,506. Signing & Striping 4,400. Sidewalk 20,280. Off -Site Signage Performance $ 2,800. Signage L & M $2,800. Bond Company: Westchester Fire Insurance Company Outstanding Bonds: Amount: Bond No. On -Site $ 120,367.00 PB K0914285A Off -Site $ 3,696.00 PB K09142812 $ 3,696.00 L/M K09142812 Date Replaced or Released: Bond No. K0914285A Premium: $2,407.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32742 Onsite Improvements PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 32742 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Housing 1, LLC, a Delaware limited liability company hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as Tract Map No. 32742 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and La Quinta Housing 1, LLC, a Delaware limited liability company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum Of One Hundred Twenty Thousand Three Hundred Sixty Seven Dollars and.00/100 DOLLARS ($ 120, 367.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on December 29 , 2014 . La Quinta Housing 1, LLC, a Delaware limited liability company Principal (Seal) By. S�" Signature of Principal [&e - I AA --ac Title of Signatory Westchester Fire Insurance Company �r^~ ~ Surety (Seal) By. Signature of Surety Erik Johansson Attorney -in -Fact Title of Signatory 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Address of Surety (714) 824-8364 Phone # of Surety Erik Johansson Contact Person For Surety F201 - Performance Bond Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the indenty of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of California County of Orange On DEC 2 9 2014 before me, Melissa A. Lopez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Erik Johansson Names) of Signer(s) MELISSA A..LOPEZ Commission # 2011078 z b Notary Public - California zz z ' Orange County My Comm. Expires Mar 22, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(is) whose name(s) is/mmsubscribed to the within instrument and acknowledged to me that he0w&RWexecuted the same in hisdcauthorized capacity;,, and that by hissignature(s) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. 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 offi 'al eal. Signature Signa r of totW Pub 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotaryorg Item N5907 Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA• • • • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Coun 6(ame of ) Onqv) 4abIG"'i before me ,� Date Her Insert personally appeared Dann �TTO k and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person' whose name4afa subscribed to the within instrument and acknowledged to me that h�" ls�tFtey executed the same in i uthorized capacity(i , and that by i ignaturon the instrument the persofa(s�f, r the entity upon behalf of whidh the perso acted, executed the Instrument. SUSAN M. ALAMILLA - Commission # 1974715 z G�,� v Notary Public - California z Z #' Orange County r My Comm. Expires Apr 12, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd an icial s Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Haney ,Vice -President of the WES'FCMSTER'FIRi,..:,INSP#ANjUE:CUMI'AN.Y. tope personally preceding instrumentWand-". d that he eiVc6Wd-..dje same and the'-$Ca6ffixcd to the ,c ac0d99 A We the said corporate seal r'. duly affixed 6d clirddio n'.of the said cc js signature of said Company, referred tb:*I.nthe. ,*. 3 n, instrument i4n force w —prcce t...e�s IN TESTIMONY WHEREOF I have hereunto set'myhand and affixed,mv official seal at the City of:PhiladeII)hi6 If In witness wj oreo>yI Have :hereunto "-subscrib'e"d I AssistahtSecretai ." v. and "affixed the corporooeitof ifie 0ypa,ne!as - this 4' E THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES N THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. E Bond No. K09142812 Premium: $100.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32742 Offsite Improvements PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 32742 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Housing 1, LLC, a Delaware limited liability company hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _,and identified as Tract Map No. 32742 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and La Quinta Housing 1, LLC, a Delaware limited liability company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Three Thousand Six Hundred Ninety Six Dollars and 00/100 DOLLARS ($ 3,696.00 ) 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 attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on December 29 , 2014 . La Quinta Housing 1, LLC, a Delaware limited liability company Principal (Seal) By: (t" Signature of Principal Vu.P -P41OUB4 Title of Signatory Westchester Fire Insurance Company Surety (Seal) By.,�1 Signature of Surety Erik Johansson Attorney-in=Fact i' Title of Signatory 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Address of Surety (714) 824-8364 Phone # of Surety Erik Johansson Contact Person For Surety F201 - Performance Bond Page 2 of 2 CALIFORNIA•. • •. <.::., :, .,<r�,..c .c.....:.<. r�..r�<r�cr�c... ,.:.�.r�er�. <r :..:•.. cccre. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County'' of On \1 �,Iq k0 R0 before me, �J � 1 ► t. I 1 �C� dY�I��Q,► 1 V f b 11 ���� Date .— ► t Mere Insert Name and Title of the Officer personally appeared V on Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name14 e subscribed to the within instrument and acknowl dged to me that e#ey executed the same in S'hewthuir authorized capacityW, and that by eir signaturewon the instrument the persor4, or the entity upon behalf of which the personWacted, executed the instrument. SUSAN M. ALAMILLA _ Commission # 1974715 Notary Public - z y California Orange County n IP My Comm. Expires Apr 12, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my(a and fi ial seW)„ Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the indenty of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of California County of Orange .AR DEC 2 9 2014 Date before me, Melissa A. Lopez, Notary Public Here Insert Name and Title of the Officer personally appeared Erik Johansson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/mwsubscribed to the within instrument and acknowledged to me that het0v&U eqc executed the same in hisl1lxxteiKauthorized MELISSA A. LOPEZ capacity(, and that by his signatures) on the 5. Commission # 2011078 instrument the person(s), or the entity upon behalf of Z z ; m n' Notary Public • California > which the person(s) acted, .executed the instrument. �'O • -� Z Orange County My Comm. Ex tree Mar 22, 2017 tI 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 offcci se I. Signature Place Notary Seal Above Signatur f Notar%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: 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 _ _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact •• ❑ 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: @2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotaryorg Item #5907 Reorder. Call Toll -Free 1-800-87&6827 FIRE INSURANCE CUDIPANY.. this 25. day is Jun ..:j ay IN TESTIMONY WHI 1, the unde which the D In witness he �Ilthe.."- p d' rece !alth of Per personally ixed to the the he sdid�c'o -P Win I have hereunto. seamy hand and 6,iff iid ii'W&ficiiil seal at the City of Philadelphia the day and year first above written. ve: cretary.. ofthe"WESTCHESTER'FIRE INSURANCE COMPANY, d&hei ceftif y that the :6rjg!naIPOWER :OF Al I have bereUnt6subscrib.0 free t and affixed the corporate seal 666e Corporation, this day of DEG.. 2 9 Z: THIS POWEk OF.:ATTORNty MAY NOT.DE: g8go'TO]EXECUTE ANY BOND -w I rrl-I A . NIN I June 25--'2016 m THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. m Bond No. K09142812 Premium: Included in cost of Performance bond. SUBDIVISION IMPROVEMENTS Tract Map No. 32742 Offsite Improvements LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 32742 , 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 La Quinta Housing 1, LLC, a Delaware limited liability company hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated _,and identified as. Tract Map No. 32742 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three Thousand Six Hundred Ninety Six Dollars and DOLLARS ($ 3,696.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on December 29, 2014 , La Quinta Housing 1, LLC, a Delaware limited liability company Principal (Seal) By: 9-A\11A Signature Principal V� - P,1 Title of Signatory Westchester Fire Insurance Company Surety (Sea]) By:���� Signature of Surety Erik Johansson Attorney-in-F.�idt -'�\--,-— Title of Signatory 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Address of Surety (714) 824-8364 Phone # of Surety Erik Johansson Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 CALIFORNIA• •D A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �� � ) County of r t r a ) �99 On before me, l n �� ��� A, Date _ Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose nameA6/are, subscribed to the within instrument and erfacknow dged to me tha he' hey executed the same in their authorized capacit r , and that by I"111111 signatur on the instrument the persoKcs), or the entity upon behalf of which the personXacted, executed the Instrument. SUSAN M. ALAMILLA Commission # 1974715 Z r, _ : e' Notary Public - California z "' J Orange County n My Comm. Expires Apr 12, 2016 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m nd an ffici s I. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the indenty of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of California County of Orange On DEC Z 9 2014 before me, Melissa A. Lopez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Erik Johansson Names) of Signer(s) MELISSA A. LOPEZ Commission * 2011078 ax Notary PubUo - California a Orange County My Comm. Wres Mar 22.2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(is) whose name(s) is/wasubscribed to the within instrument and acknowledged to me that hell fkf* executed the same in his authorized capacity;, and that by his signature(z) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. 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 Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Naf ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing document RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402-www.NationalNotaryorg Item 45907 Reorder. Call Toll -Free 1-80D-876-6827 ■ THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.