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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