2006 - 31852 Cash Deposit & Bond ReleasesCASH DEPOSIT STATUS SHEET*
Budget Account No. 1Ol-666 2C1-
DIN:31852 Project Location:Polo Estates, TM 31852, Ave 52 and Madison
Developer:POLO ESTATES, INC; 12608 S 125 W, STE. C; DRAPER, UT 84020-5451
®CASH SECURITY - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT
z
Dust control; EAs-built plans; ['Removal of temporary improvements
Other
❑CASH PAYMENT - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT
DATE
DEPOSIT
DEBIT
BALANCE
Amount
Receipt#
8/11/06
$17,000.00
$17,000.00
COMMENTS Full security for TM 31852; See Permit No. 5116
Cash deposits placed in City administered trust accounts are typically received for two basic reasons: 1) CASH SECURITY -to provide a source of funds for the City
to draw upon if the City incurs costs satisfying obligations of the developer, or 2) CASH PAYMENT- to provide a source of funding for improvements, property, or
services to be acquired, or administered, by the City at the developer's expense. The City will release the fund balance when the developer's obligations that
prompted the cash deposit are fully satisfied. The release function is initiated via the Request/Demand for Release of Cash Deposit (Form F058)
itztib
o t
F059 8/00
LJ 5204
POLO ESTATES, INC.
12608 S 125 W, STE. C
DRAPER, UT 84020-5451
L$ R
Washington Mutual
Washingtan Mut/at Sank. FA
L QQuu+rt.lgFnnnclal 11 Cenmr 389
7e-6o9 k�w 1
La Ql.lma, CA 92257
S•800-ma-row
24. how Cortarner Sam.
11100005204i1' 1:322271G271: 3C71311,33523 lir
90-7162/3222
CITY Of LACONIA
FINANCE DEPT,
CITY OF LA @UINTA
CUSTOMER RECEIPT
Date: 8/14/06 0f Receipt no: 1384
Customer Location Name Amount
2201 2201 P0111 ESTATES INC PRO
AD A/R DEVELOPER DEPOSITS
$17v0.00
58483
Trans number:
POLO ESTATES/DEV DEP 407-004
Tender detail
CH CHECK
Total tendered
Total payment
5204
$17000. 00
$17000. 00
$17000.00
Trans date: 8/14/06 Time: 15:10:36
*** THANK YOU FOR YOUR PAYMENT *4*
FOR QUESTIONS PRISE CALL 760-777-7150
CHECK NO. 86017
PAY
/cLa Quints
PM10 INC
5196 01/26/2010
DATE INVOICE ACCOUNT DESCRIPTION AMOUNT
11/30/09 657796 101-0000-228-10.00 07-004 DEV DEP 8,394.00
Tatt4 4 alba
P.O. BOX 1504
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
(760) 777-7150
94.00
TO
THE
ORDER
OF
PM10 INC
75140 ST CHARLES PLACE STE A
PALM DESERT CA 92211
O-1- dbt
T \
WELLS FAROO BANK
I I-24/1210 191
8,394.00
86017
CHECK NO.
DATE AMOUNT
01/26/2010 $****8,394.00
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
n10000860 L 71I■ e: L 2 L000 2481: 4 L59 28 248 2"
OUTSTANDING BOND REPORT
Name: Mark L. Rindlebach, Trustee (Polo Estates ??)
Tract No. 31852
Date of Contract: March 15, 2006
Required Bond Amounts:
On -Site:
Grading $ 79,685 / $ 79,685
Streets $104,348 / $104,348
Water $286,572 / $286,572
Storm Drain $ 38,814 / $ 38,814
Sewer $ 67,410 /$ 67,410
Monumentation $ 2,100
Standard 10% Contingency $ 57,893 / $ 57,683
Prof. Fees Design 10% $ 63,682 / $ 63,451
Prof. Fees Construction 10% $ 63,682 / $ 63,451
Off -Site:
Streets $127,112 / $127,112
Sidewalk $ 14,985 / $ 14,985
Equestrian Trail $ 20,440 / $ 20,440
Landscaping $108,000 / $108,000
Relocate Telephone Poles $180,000 / $180,000
Sign & Striping $ 1,925 / $ 1,925
Standard 10% Contingency $ 45,246 / $ 45,246
Prof. Fees Design 10% $ 49,771 / $ 49,771
Prof. Fees Construction 10% $ 49,771 / $ 49,771
PM10 $ 17,000
Bond Company: Bond Safeguard Insurance Company
Outstanding Bonds:
Amount: Bond No. Date Cancelled/Released:
$764,186 (P) 5007405
$764,186 (L&M) same
(L&M amt. is over)
1 $780,618 (P)
$780,618 (L&M)
5007404
same
$ 17,000 (PM10) cash deposit in Finance
Released 12/07/06
Bond No: 5007404
Premium: $15,612.00
SUBDIVISION IMPROVEMENTS
Tract Map No. 31852
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. 31852 , 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
Rindlesbach Construction, Inc. Profit Sharing Plan hereinafter designated as ("principal')
have entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 200_ , and identified as
Tract Map No 31852 , 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 BOND SAFEGUARD INSURANCE COMPANY
as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum
of************************************************** DOLLARS ($780,618.00 ) 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 fu)) 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.
Seven Hundred Eighty Thousand Six Hundred Eighteen & 00/100***
F201 - Performance Bond Page 1 of 2
Bond No: 5007405
Premium: $15,284.00
SUBDIVISION IMPROVEMENTS
Tract Map No, 31852
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, 31852 , 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
Rindlesbach Construction, Inc. Profit Sharing Plan hereinafter designated as ("principal")
have entered into an agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated , 200_ , and identified as
Tract Map No 31852 , 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 BOND SAFEGUARD INSURANCE COMPANY
as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum
Of************************************************* DOLLARS ($764,186.00 ) 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.
Seven Hundred Sixty Four Thousand One Hundred Eighty Six & 00/100***
F201 - Performance Bond Page 1 of 2
Bond Number: 5007404
Premium: N/A
SUBDIVISION IMPROVEMENTS
Tract Map No. 31852
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. 31852 , 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 Ouinte, State of California, and
Rindlesbach Construction, Inc. Profit Sharing Plan 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 , 200 , and identified as
Tract Map No. 31852 , 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 performence 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 ***************************** **************
******** DOLLARS ($780,618.00 ), 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.
Seven Hundred Eighty Thousand Six Hundred Eighteen & 00/100***
F202 - Labor and Material Bond Page 1 of 2
07/25/2007 WED 15:56 FAX 760 777 7107
La Quinta_ City Clerk
TRANSMISSION OK
JOB NO.
DESTINATION ADDRESS
PSWD/SUBADDRESS
DESTINATION ID
ST. TIME
USAGE T
PGS.
RESULT
*********************
*** TX REPORT ***
2270
919098904069
07/25 15:55
00'16
1
OK
'eat" at 4da
FAX TRANSMITTAL
TO: J. Patrick Ragan
Law Offices of J. Patrick Ragan
(909) 890-4069
FROM: Phyllis Manley, Deputy City Clerk
City of La Quinta
DATE: July 25, 2007
Page 1 of 1
cTr
4. lira
This is in response to, your faxed letter to me dated July 24, 2007,
regarding J&J Brothers Construction v. Gilger Resort Construction.
l wish to clarify that .my comments are related solely to the labor and
materials bond for off -site improvements only. The labor and materials
bond for all on -site improvements has already been released.
c&tit 4 4Quinrw
FAX TRANSMITTAL
TO: J. Patrick Ragan
Law Offices of J. Patrick Ragan
(909) 890-4069
FROM: Phyllis Manley, Deputy City Clerk
City of La Quinta
DATE: July 25, 2007
Page 1 of 1
This is in response to your faxed letter to me dated July 24, 2007,
regarding J&J Brothers Construction v. Gilger Resort Construction.
I wish to clarify that my comments are related solely to the labor and
materials bond for off -site improvements only. The labor and materials
bond for all on -site improvements has already been released.
Please let me know if we can be of any further assistance.
78-495 Calle Tampico — P.O. Box 1504, La Quinta, California 92253 • (760) 777-7000 FAX (760) 777-7107
07/24/2007 14:19 9098904069
JPATRICK RAGAN APLC PAGE 01/05
14
J. PATP.T.CK RAGAN
Law Ofilces
Of
J. PATRICK RAGAN
1881 S_ Business Center Drive, Suite 713
San Bernardino, California 92408
Telephone (909) 890-4039
Telefax (909) 890-4069
FAX COVER PAGE
Mailing Address
Post Office Box 5761
San Bernardino, CA 92412
THIS MESSAGE Is INTENDED ONLY FOR THE t1SE OF THE DW) JA . OR ENTTTS' TO 'WHICH IT )S ADDRESSED ANJ) MAY CONTAIN
INPORMATION THATIS PRII ILEGED, COMM:OVAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICATION LAW- IFTHE READER
T7)EITS MESSAGE IS NOT THE?]N^!`PrNx1 1] nCJ(T` 1N;C,EM1'J DYES, ORAGEwr ktTs)'ONSrSLEDT.YSVERTNG TE1E MESSAGE TO THJ
YfTENDED MCI:PI:ENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTE N, 0X1 COPYING OIL THIS
COMMUNICATION IS STRICTLY lit o 'oTED- XP YOU HAVE RECEIVED TEO COMMUNICATION IN ERROR. P..IAASE NOTIFY US
31210DIATELY Ey TELEPHONE (COLLECT). THANK YOU.
DATE:
TO:
Mdid
Iqr5_ lli3 Ma1'Iiq
FAX NUM33ER: 1 1 f•�i 1
FROM:
RE:
COMMENTS:
J. PATRICK RAGAN. ESO.
NUMBER OF PAGES - (INCLUDING COVER PAGE): 5.
THANK YOU,
LAW OFFICES OF J. PATRICK RAGAN
A Professional Corporation
Emphtzsizing in ,Natters ,Related to 1314.ness, Real L4ste. e
and The Construction I.nductry
07/24/2007 14:19 9098904069
JPATRICK RAGAN APLC PAGE 02/05
J. PATRICK RAGAN
Law Offices
or
J. PATRICK RAGAN
1881 S. Business Center Drive, Suite 7B
San Bernardino, California 92408
Telephone (909) 890-4039
Telefax (909) 890.40i 9
July 24, 2007
Mrs. Phyllis Manley
City of La Quinta - City Clerk's Office
P.O. Box 1504
La Quinta, CA 92247
Mailing Address:
Post Office Box 5761
San Bernardino, CA 92412
VIA TELEFAX ONLY
(760) 777-7107
Re: J&J Brothers Construction Co,,, Inc. v. Wirier Resort Construction et. al,
Riverside County Superior Court Case No. INC 067261
Project: Polo Estates City of La Quinta, CA Tract # 31852
Off Site Labor and Materials Payment Bond.
Dear Mrs. Manley:
The undersigned acts as general, corporate and litigation counsel forJ&J
Brothers Construction Company, Inc. d.b.a. Jones Bros. Construction Co.
("Jones Bros.").
Jones Bros, to commence has commenced the above -styled action to
recover monies owed for labor and materials that Jones Bros. actually used and
incorporated for the off site water and sewer improvements on the Polo Estates
project. As such, Jones Bros. is a statutory claimant entitled to recover under any
Labor and Material Payment Bond in place covering its scope of work /Civil Code
§,§ 3110-3112 and §§ 3247-32521 The principal amount of Jones Bros.' claim is
$308,937.94_1
This letter shall confirm your telephone conversation with Mr. Schilling of
my office early today. You faxed to our office the attached Labor and Material
Bond #5007404 issued by Bond Safeguard Insurance Company, of which a copy
is attached.
' Jones Bros. has also sued for accrued interest and/or 2% prompt payment
penalty, costs and attorney's fees.
A Professional Corporation
Emphasizing In Matters Related to Business, Real Estate
and to The Construction Industry
07/24/2007 14:19 9098904069
JPATRICK RAGAN APLC PAGE 03/05
Mrs. Phyllis Manley
City of La Quinta - City Clerk's Office
July 24, 2007
page 2
You informed Mr. Schilling that the attached Labor and Material Bond
Number 5007404 is the payment bond that covers all offsite improvements for
the Polo Estates project. As such, this is the Payment Bond that covers the water
and sewer work performed by Jones Bros.
If the foregoing statements are in any way incorrect, or contrary to your
understanding please contact us immediately for clarification, If we do not hear
from you, we will assume that the above information is correct.
We thank you for your assistance in this regard, If this office can be of any
assistance in the above matter please do not hesitate to contact us.
JPR:js
Enclosure
cc: client
Very Truly Yours,
A Professional Corporatism
Emphasizing in Matters Related to Business,, Real Estate
and to The Construction Industry
07/24/2007 14:19 9098904069 JPATRICK RAGAN APLC
V (f ZV a U 1 TUI ii: i ¥A) au 777 7107 La Quinta, City Clerk
PAGE 04/05
001/001
13o i Number 5007404
Premium: N/A
SUBDIVISION IMPROVEMENTS
Tract Map No. 31852
LABOR AND MATERIAL BOND
x 64? kel
(91:51) gclo— 400
KNOW AL4, MIEN BY THESE PRESENTS:
'i hAT, the Clty Council of the City of La Quints has approved the Mai map for Tract Map
No• 31852 , prior to instalratlan of certain dot iiinated public improvements required by the
CDrtdftions et Approval for the s:di:iieet map, ir1 accordance with the California Map Act (Government Ced@
Sbotion 65462)
WHEREAS, the City Council of the City of La QUlnta, State of California, and
Ru dlesbacb Coxrstruotian, Inc, Profit Slim -ins Plan horeinafer tl06iansted as'Mt principal" have
entered Into an agreement whereby the principar agrees to install Bind complete certain designated pubilc
Improvements, which agreement. dated , 200 , and identified a;
Treat Map No, 3J 52 irti hereby referred to a—nd race o part hereof; and
WHEREAS, tinder the term° of the agrecrnont, the principal i required before catering upon the
perrolrriance of the work, to file a good! and Fi.rfficient pFayr-nont bond with the City of La Qulnta to s sera tho
claims to which reference to made in Title 15 (Dame rrenclng with Section 3052) of Pit 4 of Division 3 of the
Civil Code of the State of Cmlifomia
NOW, 'THEREFORE, the principal and the undorsignod as corporate surety, are held firmly brand
unto the City of La QuInte and all cgntreetorr., subcentrartars, laborers, materialrrten, and other persons
employed In the performance of the agreement and referrsd to in Title 15 (commencing with Section 3082)
of Part 4 of Division 2 of the Civil coda in the sure of """**'"**""""M*",'*a`"'"* ****""****,"*
***#"*" DOLLARS ($780,618.00 ), tor materials furnished ❑r labor th87so1 of any kind, or for
amounts due sender trte Unemployment Insurance Act with respect to work or labor, thet the surety will
pay the same in an amount not exceeding tho err,ourrt herelnebovw set forth, and WED in casFt suit' is 0rn+ight
WW1 this bond, will pay, in addition to the face sarnount thereof, costs and reasonable mcpensas and fees,
including reasonable attorney' s fee: , incurred by city in successfully Anforc`.ng this odliga5on, in br awarded
anal fiXed by the court, and to be taxed as coat:. and to be included in the judgment therein rendered.
It is haroby expressly stipulated and nomad that' this t541d shall inure trs the benefit of eery and all
persons, companies, and corporations entitled to rile claims under rtte.1$ (cars lrnencinp with section 34a )
of >:'art 4 of Division 3 of the Civil Code, so as to give a right of detlnn 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 bt and tem®ln In MI force and cffoi t,
Servejii undyed Jai h rhous�ad S' I3 dxrrci & hie n EJ011 [x1**:
12202 - Labor and Metsria1 Band
Page 1 eta
0712412007 14:19 9098904069 JPATRICK RAGAN APLC
u i r c i c uu r a. uL II: D I NIA ! U '117 7107 La Olga_ City Clerk
PAGE 05/05
002l002
The vurety her y otiputates and agrees that no change, extension of lime, alteration or addition to
the terms of the agreement or to the WW1 to bo performed t ereunclur or the speollieatiafe accompanying
the same shell in any manner affect tts Cbiigakbbnn on this band, and It does hereby waive notice 0 any sSoch
change, extension of time, alteration Or addition to the terms of the agreement or to the wosit or to the
specifications,
In witness whereof, this in$trumi nt ha.. been duly faxeouted by the principal fmd surety above named,
on April: 13 2o0fi.
Rindlesb • h CQnstzuction Prai"it Sh , Plan
Frfnc'
(Seal)
Sig afar • of Prim prat
rielVS
Title of Signatory
BOND SAEEGtJMW rNSUR ANOE COMPANY
Surety -
(Seal)
sigloture of Surety
Caroline L, Brown Athstovy-in.Fact
'%#If: of signatoryy
2213 N. Green Vakloy Pkwy., Suite 101
Hende;son, NV 89014
Addra9s of Surety
702-263-9065
Phone* of Surely
Caroline L, Brawn
Cohtect Porscn For Surety
F2o1- Performance Bond
r ag12 or 2