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31348 WH La Quinta 29, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 31348 Development: Estates at Point Happy Developer/Owner: WH La Quinta 29, LLC (Prev. PH Ranch) Bond Company: Philadelphia Indemnity Insurance Company, 800 E. Colorado Blvd. 6t" Floor Pasadena, CA 91101 Attn: Martha Barreras Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust Control PM 10 66112398 $32,250 Released 11/23/16 Grading SU500110307 $108,150 Released 3/20/14 Performance SU5011916 $648,562 Released 3/20/14 Labor & Material SU5011916 $648,562 Released 3/20/14 Performance SU5011912 $308,767 Reduced 3/27/07 Performance SU5011912 $117,341 Released 3/20114 Labor & Material SU5011912 $308,767 Released 3/20/14 Performance SU5011915 $23,136 Released 3/20114 Performance SU5011913 $1,356,641 Reduced 3/27/07 Performance SU5011913 $473,871 Released 3/20114 Labor & Material SU5011913 $1,356,641 Released 3/20114 Performance SU5011914 $241,560 Reduced 3/27/07 Performance SU5011914 $73,800 Released 3/20114 Labor & Material SU5011914 $241,560 Released 3/20114 Fugitive Dust Control PM 10 800029355 $32,500 Released 11/22/2023 Performance PB03010408831 $626,402 Performance PB03010408832 $14,040 Labor & Material PB03010408832 $14,040 Fugitive Dust Control PM 10 PB03010409717 $32,500 t(4.1QaL(ta - C1LI170NXIA - MEMORANDUM Date: November 21, 2023 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re: Bond Replacement for Tract Map 31348, Estates at Point Happy Please replace the following dust control bond held in your file for the above referenced tract. Please release the following bond: 1 Tract Map No. 31348 Type of Bond Bond No. Performance Amount Dust Control 800029355 $32,500 Please retain the following attached bond: Tract Map No. 31348 Type of Bond Bond No. I Performance Amount Dust Control PB030104097171 $32,500 Previous Developer: Joseph Rivani 3470 Wilshire Blvd, Ste 1020 Los Angeles, CA 90010 Surety Company: Atlantic Specialty Insurance Company (800029355) 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attn: Melissa Lopez W �GN'NW CALIFORNIA November 27, 2023 Atlantic Specialty Insurance Company 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attention: Melissa Lopez RE: TRACT MAP 31348 ESTATES AT POINT HAPPY — RELEASE OF BOND Dear Ms. Lopez, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bond: Bond Number Bond Amount Bond Type 800029355 $32,500 Fugitive Dust Control Copies of the bond being released are enclosed for your reference. RCS — Point Happy, LLC., the previous developer, was also notified of the above bond release on 11 /27/2023. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcGinleyCc LaQuintaCA.gov Tel: (760) 777 - 7123 W �GN'NW CALIFORNIA - November 27, 2023 -- Joseph Rivani 3470 Wilshire Blvd., Suite 1020 Los Angeles, CA 90010 RE: TRACT MAP 31348 ESTATES AT POINT HAPPY — RELEASE OF BOND Dear Mr. Rivani, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified Atlantic Specialty Insurance Company on 11 /27/2023. Bond Number Bond Amount Bond Type 800029355 $32,500 Fugitive Dust Control The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcGinley(a)LaQuintaCA.gov Tel: (760) 777 - 7123 Bond No. 800029355 Premium: $244.00/Annually FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize RCS -Point Happy, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract No. 31348 ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. Atlantic Specialty Insurance NOW therefore, we the Principal and Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Thirty Two Thousand Five Hundred and no/100------------------------------------------------------ Dollars ($ 32,500.00 ) 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 bonded 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 dust control plan 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 Obligee, 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 therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on October 18 , 2016 RCS -Point Happy, LLC Principal r NA (Seal) - - �' nature a rincipal Title of Signatory Atlantic (Seal) BY: VVVV,U,k Signature of Surety Melissa Lopez, AttornVy-in-Fact Title of Signatory c/o Performance Bonding Surety & Insurance Brokerage, L.P 15901 Red Hill Avenue, Suite 100 Tustin, CA 92.790 Address of Surety (714) 824-8367 Phone # of Surety Melissa Lopez Contact Person for Surety T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form 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 y COUNTY OF LOS AtJ , } ss.) On (90 U. , 2016, before me, 5Pp4JtPT&4j A Notary Public, personally appeared ! who proved to me on the basis of satisfactory evidence to be the person(A whose name(o islafe subscribed to the within instrument and acknowledged to me that helms executed the same in hlslhe0their authorized capacity(.es), and that by signature{) on the instrument the person[)', or the entity upon behalf of which the person[ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SAMANTHA KANG Commission # 2050781 -r' Notary Public - California A Los Angeles County My Comm. Expires Dec 31, 2017 M018811612292838-2 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Orange } On OCT 18 2016 before me, Frances Lefle Public, Date personally appeared Melissa Lopez (here insert name and title of the officer) otary who proved to me on the basis of satisfactory evidence to be the person(- whose name(s) is/a4a subscribed to the within instrument and acknowledged to me that 4e/she/t4ey executed the same in 1-4*-/her/tke4- authorized capacity (-ice}, and that by his/her/their signahire(s� on the instrument the person(3.'), or the entity upon behalf of vvhich the person( 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 seal. { P„ ��� FRANCES IL JLER 0 Q n COMM. # 2150250 X -ue T NOTARY PUBLIC-CALIFORNIA ;U ORANGE COUNTY � MY COMM, EXP. APRIL 23, 2U2G Signature.._ .'Z . [Seal) Description of Attached Document Title or Type of Document: Document Date: Other: OPTIONAL Number of Pages: - 1 ii'i�I=.`.i•:1". �- '+'-�r'+"-�?11 :L:'�tC'i '.��il�i'i: "il lrt �.�I t '+ € i - •�r•,:: - vio One Beacon I NSURANCE GROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Erik Johansson, Melissa Lopez, Christina Johnson, Ellen Bell, Frances Lefler, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer') may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Attomey-in-Fact maybe given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014. r �pLt Y "I N SV�D�4-�, G❑Rpd�r�'n6' SEAL m Y 19aa o4 By STATE OF MINNESOTA roQaa= Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this eighth day of December, 2014, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. • TARA JANELLE STAFFORD NOTARY PUBLIC -MINNESOTA My Comm ssion Expires January 31.2020 f• i I Notary I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of OCT 18 71116 .,,,.,,,T.,,,, Qa �an�o>aarF9�, SEAL This Power of Attorney expires =Ir 1986 a October 1, 2017 y yeyy e - y0,, a James G. Jordan, Assistant Secretary City of La Quinta Public Works Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Call Public Works for assistance at (760) 777-7075 Standard Dust Control Bond Forms Pursuant to LQMC 6.16 all Fugitive Dust Control Plans must be financially secure prior to issuance of any permits that authorizes construction or demolition activity that is not exempt from the Fugitive Dust Control Ordinance. The City requires financial security in the amount of $2,000 per acre. The security must be posted in two forms: 25% of the security must be a cash deposit, or an approved equal, such as a Certificate of Deposit, or a Letter of Credit; the remaining 75% of the security may be in the form of a surety bond. The City of La Quinta has prepared a Standard Dust Control Bond Form for use with the Fugitive Dust Control Plans. For easy electronic distribution purposes, the Standard Dust Control Bond Form is available in an interactive form in which you fill in the blanks while viewing the form with the Adobe Acrobat Reader (free software available at www.adobe .com), then print out the completed form, sign it, and seal it as appropriate. Simply forward the Standard Dust Control Bond Form to the bonding company via email and they can determine which completion method works best for their administrative operation. The bonding company must be listed in Circular 570 published by the US Treasury Department. Additionally, the City relies on the A.M. Best Company to evaluate the financial stability of the insurance company issuing the bonds. The City of La Quinta will not accept bonds from any insurance company with an AM Best rating less than "B++ or B+„ Please submit the completed form to Public Works Department for processing. T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form a� .c TWT �...��, AJ 4 To: Susan Maysels, City Clerk From: Bryan McKinney, Principal Engineer Via: imothy R. Jonasson, P.E., Design & Development Director/City Engineer Date: November 21, 2016 Subject: Replacement of Dust Control Bond for Tract Map 31348, Estates at Point Happy Please replace the following dust control bond held in your file for the above referenced tract. Please release the following performance security: Tract Map No. 31348 Type of Bond Bond No. Performance Amount Dust Control 66112398 $32,250 Please retain the following attached performance security: Tract Map No. 31348 Type of Bond Bond No. Performance Amount Dust Control 800029355 $32,500 New Developer: Ms. Rob Bernheimer 45025 Manitou Drive, Suite 3 Indian Wells, CA 92210 Surety Company: Lincoln General Insurance Company (66112398) Capitol Associates Building 901 N. 71h Street Harrisburg, PA 17102 Surety Company: Atlantic Specialty Insurance Company (800029355) 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attn: Melissa Lopez (714) 824-8367 cc: Project File I, Tract Map No. 31348 Page 1 of 1 . 9 Gu Ak- Zo OF44- Noverriber 23, 2016 Ms. Rob Bernheimer 45-025 Manitou Drive, Suite 3 Indian Wells, CA 92210 Re: Tract 31348 Dear Ms. Bernheimer: Per authorization from the Public Works Department, the City Clerk's office hereby releases Bond No, 66112398 in the amount of $32,250. If you have any questions, please call me at (760) 777-7103. Sincerely, Pam Nieto Deputy City Clerk c: Tim Jonasson, Design and Development Director Lincoln General Insurance Company File 78-495 Calle Tampico i La Quinta i California 92253 1 760.777.7000 1 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66112398 PREMIUM: $1019.00 ANNUALLY FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize P H RANCH, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as 46201 WASHINGTON STREET ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and LINCOLN GENERAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of THIRTY-TWO THOUSAND TWO HUNDRED FIFTY AND 00/100------__� Dollars ($ 32, 250. 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 bonded 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 dust control plan 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 Obligee, 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 obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # Page 2of2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on MAY 24 2004. (Seal) natory LINCOLN GENERAL INSURANCE COMPANY Surety (Seal) / (�:n// -L , - -, Signature of Surety KENNETH A. COATE, ATTORNEY -IN -FACT Title of Signatory 701 B STREET, SUITE 2100 SAN DIEGO CA 92101-6197 Address of Surety (619) 881-8480 Phone # of Surety RON BALLARD ___Contact Person -For _Surety_ F211 Bond NO. 66112398 TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula _ established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond_ The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 CALIFORNIA IALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAY 2 4 Z004 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary personally appeared KENNETH A. COATE, ATTORNEY IN FACT Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their S. L KYSEM signature(s) on the instrument the person(s), or the entity upon CommWion# 1274061 I behalf of which the person(s) acted, executed the instrument. i� Notc ry Public — Coilfomio x I San 86mmfino County ii My Comm. Expires Sep 1 Z 2D04 WITNESS my hand and official seal. Public -------------------------------------- _OPTIONAL -------------------__--_--R------------- 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 ❑ Titles(s): Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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: Top of Thumb here BD-1133 09/00 ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66112398 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW. ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and anvoint: Kenneth A.Coate, Mark N. Gladding, Julia B. Leonard its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three IVllllion Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized io execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers rnaldng the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, rnay be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein tray be affixed by stamping, printing, typing, or photocopying. IN WFINESS WHEREOF, Lincoln General Insurance Company has caused be signed by its duly authorized officers this 4th day q�' m*$. 22002. Attest: Gary 3. do Se tary :Z (3 : =� The Commonwealth of Pennsylvania Y 1977_ ; O York County s�Q NSYLVI`a�4: �a On this 4th day of September, 2002, before m�orpdfona]I came C. Bhojwani, to me known, who being duly sworn, did depose and say: that he is the President of the Cj;p-M- in and which executed the above ingtrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of safd Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania Catherine Made LoQS8, Notery York County 'Springatisbury Twp.' York C MY Cornrnmoor: Expires June t Notary I, Gary Omdorffy Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a frill, true and correct copy of Power of Attorney issued by said Corrxpzmy,, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 24TH day of _MAY 2004 viuururr►ef. 1NSO ORA7Fs ' - J 3. d , 5e--retary == '1977 :o= r'�rrrrrrrru atttui��''���,� M. ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND N0: SU500110307 PREMIUM: $2,163.00 FAITHFUL PERFORMANCE BOND (LQMC 8,02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit ##_ in accordance with the La Quints Municipal Code, and the California Building Code which is adopted by reference, to PH RANCH, LLC , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City* and others as TRACT 31348 ; and WHEREAS, Said Principal is required under the terms of the permit t4 furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and ARCH INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of ONE HUNDRED EIGHT THOUSAND ONE HUNDRED FIFTY AND 100-------------------------- Dollars ($1 o8,150.00 ) 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 bonded 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 permit 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 Obligee, 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 obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension, of time, alteration or addition to the terms of the permit or to the work to be performed thereunder or the specifications accompanying the some shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the permit or to the work or to the specifications. KIN Page 1 of 2 R�m ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SU5011916 PREMIUM: $13,620.00 SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: STREET IMPROVEMENTS, SOUNDWALL 6' BLOCK, RETAINING WALL, LANDSCAPE AND IRRIGATION, ACCESS GATE, 8' WIDE MEANDERING SIDEWALK 50% OF TRAFFIC SIGNAL AND APPURTANCES (1) KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and PH RANCH, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200, and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 648, 562.00------- ) 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. *SIX HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED SIXTY-TWO AND 00/100------ 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 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: GRADING KNOW ALL MEN BY THESE PRESENTS: BOND NO: SU5011912 PREMIUM: $6,484.00 THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31346 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and hereWafter designated as ("principal") PH RANCH LLC have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_ , and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 308,767.00 ) 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. *THREE HUNDRED EIGHT THOUSAND SEVEN HUNDRED SIXTY-SEVEN AND 00/100-- 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. Page 1 of 2 F201 - Performance Bond ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND N0: SU5011915PREMIUM: $486.00 SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND 'IMPROVEMENT DESCRIPTION: MONUMENTATION KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and hereiafter designated as ("principal") PH RANCH LLC have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200 , and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of TWENTY-THREE THOUSAND ONE HUNbRED THIRTY-SIX & 00/10dDOLLARS ($ 23,136 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 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SU5011913 PREMIUM: $28,490.00 SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: DRAINAGE, STREET IMPROVEMENTS, DOMESTIC WATER AND SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map NO. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and PH RANCH, LLC hereinafter designated as ("principal') have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 1200 _ , and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 1 , 356, 641.00----- ) 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. *ONE. MILLION THREE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FORTY-ONE AND 00/100---- 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 ORIGINAL, ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SU5011914 PREMIUM: $5,073.00 SUBDIVISION IMPROVEMENTS Tract Map NO. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: DRY UTILITIES KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map NO. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and PH RANCH, LLc hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200, and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 241 , 560.00------- ) 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. *TWO HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED SIXTY AND 00/100 ------------------ 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 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66112398 PREMIUM: $1019.00 ANNUALLY FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize P H . RANCH, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as 46201 WASHINGTON STREET, ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and LINCOLN GENERAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of THIRTY-TWO THOUSAND TWO HUNDRED FIFTY AND 00/100------------------------------- -- Dollars ($ 32, 250.00--- ) 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 bonded 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 dust control plan 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 Obligee, 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 obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211