31172 OBR & Released BondsOUTSTANDING BOND REPORT
Name: Kleine Building & Development Inc.
Tract No. 31172
Date of Contract: October 21, 2003
Required Bond Amounts:
Peri. Landscaping Corporate Ctr (offsite) $22,500 performance/labor materials
Peri. Landscaping Hwy 111 (offsite)
$30,000
same
Bus Shelter (offsite)
$25,000
same
Standard Contingency (offsite)
$ 7,750
same
Prof. Fees Design (offsite)
$ 8,525
same
Prof. Fees Construction (offsite)
$ 8,525
same
No Plans Contingency (offsite)
$19,375
same
Grading (onsite)
$40,850
same
Streets/Drainage (onsite)
$58,970
same
Water (onsite)
$71,800
same
Sewer (onsite)
$37,330
same
Electrical (onsite)
$16,600
same
Monumentation (onsite)
$15,000
performance only
Standard Contingency (onsite)
$24,055
/$22,555 perf./labor materials
Prof. Fees Design (onsite)
$26,461
/$24,811 same
Prof. Fees Construction (onsite)
$26,461
/ $24,811 same
No Plans Contingency (onsite)
$60,138 / $56,388
same
Dates of Bond Reductions:
Outstanding Bonds and Bond Company: Insurance Co. of the West
e ..ITTSTUN S
$377,700 (perf)
$ 39,961 (W)
$354,100 (L&M)
Bond No. Date Cancelled/Released:
2123451 Replaced w/warranty
same Released 5/11 /07
same Released 10/19/2006
$121,700 (perf) 2123450 Released 5/11 /07
$121,700 (L&M) same Released 5/1 1 /07
TH 'A Id
May 11, 2007
Neil Kleine, President
Kleine Building & Development, Inc.
41-910 Boardwalk, Suite A-10
Palm Desert, CA. 92211
Re: Tract Map 31 172
To Whom It May Concern:
Per authorization from the Public Works Department, the City Clerk's Office hereby
releases Performance and Labor & Materials Bonds 2123450 in the amount of
$121,700, and Warranty Bond 2123451 in the amount of $39,961 .
If you have any questions, please call me at (760) 777-7002.
Sincere ,
s
VERONICA J ONTECINO, City Clerk
City of La nta, California
cc: Tim Jonasson, Public Works Director/City Engineer
Insurance Company of the West
File
P.O. BOX 1504 • LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPICO • LA QUINTA, CALIFORNIA 92253
(760) 777-7000 •FAX (760) 777-7101 (�'
Twit 4 4Q"
MEMORANDUM
To: Veronica J. Montecino, CMC, City Clerk
From: 40 Wimmer, Development Services Principal Engineer
Via: qq)lmothy R. Jonasson, Public Works Director / City Engineer
Date: May 4, 2007
Re: Release of Warranty Security for On -Site Improvements, Parcel Map
No. 31172, La Quinta Valley Plaza
Please release the following securities held in your files f L
above referenced
tract.
The amounts and the address to the surety company to which the securities are as
follows:
Parcel No. 31172
Bond Number Warranty Security
2123451 $39,961.00
Developer: Mr. Neil Kleine
Kleine Building & Development, Inc.
41-190 Boardwalk, Suite A-10
Palm Desert, CA 92211
Surety Company: Insurance Company of the West
P.O. Box 85563
San Diego, CA 92186-5563
Cc: Project File I, Parcel Map No. 31 172
Amy Yu, Assistant Engineer II
Memo -Release of warranty security PM 31172
T-itf 4 44"
MEMORANDUM
To: Veronica J. Montecino, CMC, City Clerk
From: Ed Wimmer, Development Services Principal Engineer
Via: tmothy R. Jonasson, Public Works Director / City Engineer
Date: May 3, 2007
Re: Release of Performance and Labor & Materials Securities for Off -Site
Improvements, Parcel Map No. 31172, La Quinta Valley Plaza
Please release the following securities (Performance and Labor & Materials) held in
your files for the above referenced tract.
The amounts and the address to the surety company to which the securities are as
follows:
Parcel No. 31172
Bond Number
Performance Security
Labor & Materials
2123450
$121,700.00
$121,700.00
Developer: Mr. Neil Kleine
Kleine Building & Development, Inc.
41-190 Boardwalk, Suite A-10
Palm Desert, CA 92211
Surety Company: Insurance Company of the West
P.O. Box 85563
San Diego, CA 92186-5563
Cc: Project File I, Parcel Map No. 31 172
Amy Yu, Assistant Engineer II
Memo -Release of off -site securities PM 31172
SUBDIVISION IMPROVEMENTS
Tract Map No. 31172
PERFORMANCE BOND
Off —Site Inprovenents
KNOW ALL MEN 8Y THESE PRESENTS:
Bond #2123450
,Dremiun $1, 704.00
Bond is for 2 years
THAT, the City Council of the City of La Quinta has approved the final map for Tract Map
No. 31122 , prior to installation of certain designated public improvements required by the
Conditions of Approval for the subject reap, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the Cdj/ of La Quinta, state of California, and Kleine Building and
Devel2Mtnt Inc. a California r i hereinafter designated as ("principal")
have ante into an agreement whereby principal agrees to install and complete certain designated pudic
improvements, which staid n9emMthd � 'o and ade a past hereof; and
. and identified as
Tract Map No.
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
as surety, are held and firm! bound unto the City of Le uinte hereinafter fed City"). in tf� penal sum
of One Hundred 'Twent One 'Thousand. Seven H tS (S_12 , 700. 00 ) lawful
money of V* Unitod States, for the payment 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, sucoaswm or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, condidons 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 meaMng, and shall indemnify and save,
harmless the City, its of kws, 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 obfigadon 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.
Page t of 2
F201- Pfftmancs Bond
wwwrw§ W ■wVwV'% nwor sew V %wavro.sm ■ W
Tract Map No, 31172 Bond #2123450
Pre du►n Included
LABOR AND MATERIAL BOND
Of f--Site 2*norove^tents
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of Le Quints has approved the final map for Tract Map
No. _31 1,72 . 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 Quints, State of California, and Kleine Building and
DeVelopment a '!q 1 ; fQ,�„ a 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. '11�_ _ , 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 Quints to secure the
Balms to which reference is made in Tide 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 contradors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the agreement and referred to in Tide 15 (commencing with Section 3002)
of Part 4 of Division 3 of the Civil Code in the sum of Qne Hundred 2f2aty C1ze 'I3wusand Seven
Hundred Dollars DOLLARS ($121, 700. 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 tabor, 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 quit
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 - Labs and Material Bond
Page 1 of 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOSEPH A. GIBBS ESQ. BAR NO.82118' E7C E (V c D
> >
ll�:� ] =- D
� i.it'.1.Z10i;i!.�)ij;21 )� C:AI.IrQFtdll
ll��J ,Q
PM
�F�vEr,,siil�
RHONA S. KAUFFMAN ESQ., BA1N9735 3
l9' MAR
AR 14 2007
Joseph A. Gibbs & Associates
74-900 Highway 111, Suite 222 CITY OF LA 0 f; i (4 TA
Indian Wells, California 92210 C I j )' (I I_ K ° OFFICE
Telephone (760) 779-1790
Attorneys for Kleine Building & Development Inc.
RIVERSIDE COUNTY SUPERIOR COURT
FOR THE COUNTY OF RIVERSIDE
KLEINE BUILDING & )
DEVELOPMENT, INC., a California )
corporation )
Petitioner, )
VS. )
CITY OF LA QUINTA; and DOES 1-100, )
inclusive )
Respondent. )
CASE NO.: 060393
Assigned: Lawrence W. Fry
Department 2J
NOTICE OF ENTRY OF AMENDED
JUDGMENT GRANTING
PEREMPTORY WRIT OF
MANDAMUS
Petition filed: July 27, 2006
Hearing on Writ:. November 3, 2006
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that pursuant to the provisions of Code of Civil Procedure
Section 664.5, the Amended Judgment filed with the Court on February 15, 2007 was entered in
the above -entitled action Nunc Pro Tunc on December 27, 2006, a true and correct copy of said
Judgment Granting Peremptory Writ of Mandamus is attached hereto as Exhibit "A".
DATED: March, 2007 JOS GIBBS & A SOCIATES
By:
-RHONA S. KAUFFMAN, ESQ., Attorney for
Plaintiff, Kleine Building & Development, Inc.
Notice of Entry of Judement
-1-
r
1
2
3
4
5
6
7
8
9
10
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOSEPH A. GIBBS, ESQ., BAR NO.82118
RENELL E. BURCH, ESQ., BAR NO.201453
RHONA S. KAUFFMAN, ESQ., BAR NO. 174735
Joseph A. Gibbs & Associates
74-900 Highway 111, Suite 222
Indian Wells, California 92210
Telephone (760) 779-1790
Attorneys for Kleine Building & Development Inc.
F0 LIE0
SUPER
10R ROU, OFTRIVE A DORM:.
_B 15 2007
Deputy
RIVERSIDE COUNTY SUPERIOR COURT
FOR THE COUNTY OF RIVERSIDE
KLEINE BUILDING & )
DEVELOPMENT, INC., a California )
corporation )
Petitioner, )
VS. )
CITY OF LA QUINTA; and DOES 1-100, )
inclusive )
Respondent. )
CASE NO.: INC 060393
AMENDED JUDGMENT GRANTING
PEREMPTORY WRIT OF
MANDAMUS
DATE: November 3, 2006
TIME: 8:30 a.m.
LOCATION: 2J
This matter came regularly before this court on November 3, 2006 for hearing in Department
2J of the Superior Court, the Honorable Judge Lawrence J. Fry, presiding. Rhona S. Kauffman, Esq.
appeared as attorney for petitioner. Robert O. Owen, Esq. Appeared as attorney for respondent.
Pleadings on file having been examined by the court and arguments having been presented.
IT IS ORDERED that:
1. A peremptory writ of mandamus shall issue from the court, commanding respondent
to release all Bonds identified in Petitioner's Writ of Mandate including the
is
Amended
I'•
following:
Exhibit A to Writ of Mandate: Performance Bond No. 2123451 for On -Site
V
I
2
3
4
5
6
7
f
8
9
r
10
11
12
13
14
15
16
17
18
19
e 20
21
9
S
22
3
23
24
25
26
27
28
Improvements in the amount of $377,700, and Labor and Material Bond No.
2123451 in the amount of $354,100.
Exhibit D to Writ of Mandate: Performance Bond No. 2123450 for Off -Site
Improvements in the amount of $121,700.
2. Petitioner is relieved from any and all duties and obligations in connection with
construction of the Bus Shelter identified in the Subdivision Improvement
Agreement.
3. Petitioner shall recover all costs in this proceeding, in the amount of $385 pursuant
to Petitioner submitting Memorandum of Costs Bill, if these costs are awardable,
under law.
4. Petitioner shall recover reasonable attorney fees in this proceeding, if any are
awardable under law pursuant to separate Motion for Attorneys' Fees
DATED: 2007
:�`--
x, Cc
Judgement entered on
Clerk --
By Deputy Clerk
Amended iuumuer.;
2
3
5
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
I, Donna J. Sanchez, state as follows: I am employed in the County of Riverside, State of
California. I am over the age of 18 and not a party to the within action. My business address is 74-
900 Highway 111, Suite 222, Indian Wells, California 92210.
On March I,/ , 2007, I served the following described document(s):
NOTICE OF ENTRY OF AMENDED JUDGMENT GRANTING
PEREMPTORY WRIT OF MANDAMUS
on the interested parties in this action, addressed as follows:
Robert Owen, Esq.
Rutan & Tucker
611 Anton Blvd., 10 Floor
P. 0. Box 1950
Costa Mesa, California 92626
FAX NO. (714) 546-9035
Courtesy copy to:
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
City of La Quinta
Post Office Box 1504
La Quinta, California 92247-1504
D] BY MAIL: I caused such envelope, with postage thereon fully prepaid, to be placed in
the United States mail at Indian Wells, California. The envelope was mailed with postage thereon
fully prepaid. I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. It is deposited with the U.S. postal service on that same day in the
ordinary course of business. I am aware that on motion of party served, service is presumed invalid
ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing
in Affidavit.
[ ] BY FACSIMILE: I caused a facsimile transmission from (760) 779-1780 to be sent
to the parties and attorneys listed above, at their respective facsimile numbers. Upon completion of
the said transmission, the transmitting machine issued a transmission report showing that it was
complete and without error.
] BY PERSONAL SERVICE: I delivered such envelope by hand to the offices of the
addresses.
I declare under penalty of perjury under the laws of the State of California that the above is
true and.correct. Executed on March 1,3, 2007, at Indian Wells, California.
Donna J. Wnchez
u
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOSEPH A. GIBBS, ESQ., BAR NO.82118
RENELL E. BURCH, ESQ., BAR NO.201453
RHONA S. KAUFFMAN, ESQ., BAR NO. 174735
Joseph A. Gibbs & Associates
74-900 Highway I11, Suite 222
Indian Wells, California 92210
Telephone (760) 779-1790
Attorneys for Kleine Building & Development Inc.
RIVERSIDE COUNTY SUPERIOR COURT
FOR THE COUNTY OF RIVERSIDE
KLEINE BUILDING &
DEVELOPMENT, INC., a California
corporation
Petitioner,
VS.
CITY OF LA QUINTA; and DOES 1-100,
inclusive
Respondent.
CASE NO.: INC 060393
AMENDED PEREMPTORY WRIT OF
MANDAMUS
To CITY OF LA QUINTA, Respondent:
WHEREAS ON FFR 15 Aff , judgment having been entered in this action, ordering
that a peremptory writ of mandamus be issued from this court,
YOU ARE HEREBY COMMANDED immediately on receipt of this writ to release all
Bonds identified in Petitioner's Writ of Mandate including the following:
(1) Exhibit A to Writ of Mandate: Performance Bond No. 2123451 for On -Site
Improvements in the amount of $377,700, and Labor and Material Bond No.
2123451 in the amount of $354,100.
Amended Writ of Mandamus
-1-
11/06/P-WRIT
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2) Exhibit D to Writ of Mandate: Performance Bond No. 2123450 for Off -Site
Improvements in the amount of $121,700.
(3) Petitioner is relieved from any and all duties and obligations in connection
with construction of the Bus Shelter identified in the Subdivision
Improvement Agreement.
YOU ARE FURTHER COMMANDED to make and file a return to this writ on or before
February 5, 2007, setting forth what you have done to comply.
Clerk
By M. MEDRANO
Deputy Clerk
Amended Writ of Mandamus
-2-
11 /06/P-WRIT
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLS TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
November 15, 2006
Neil Kleine
Kleine Building & Development Inc.
41-910 Boardwalk Suite A-10
Palm Desert, CA. 92211
Re: Tract Map 31 172
To Whom It May Concern:
Per authorization from the Public Works Department, the City Clerk's Office has
received Warranty Bond 2123451 in the amount of $39,961 and hereby releases
Performance Bond 2123451 in the amount of $377,700.
If you have any questions, please call me at (760) 777-7002.
Sincerel ,
�Z%2�Gz
VERONICA J. NTECINO, City Clerk
City of La Quinta, California
cc: Tim Jonasson, Public Works Director/City Engineer
Insurance Company of the West
File
T,vf ot 4Q"
MEMORANDUM
To: Veronica Montecino, City Clerk
From: Ed Wimmer, Development Services Principal Engineer 91,
Via: imothy R. Jonasson, Public Works Director / City Engineer
Date: November 14, 2006
Re: Release of Performance Security
On -site Improvements, La Quinta Valley Plaza, Parcel Map No. 31 172
Please release the on -site Performance security held in your files for the above
referenced tract. All on -site work associated with the conditions of approval has
been completed. Additionally, all on -site obligations of the Subdivision
Improvement Agreement have been satisfied. The on -site improvements were
accepted by City Council on November 7, 2006.
The warranty amount and the address to the surety company are as follows:
PARCEL No. 31172
Bond Number
Performance
Security
Warranty
Amount
2123451
$377,700
$39,961
Developer: Mr. Neil Kleine
Kleine Building & Development, Inc.
41-910 Boardwalk, Suite A - 10
Palm Desert, CA 92211
Surety Company: Insurance Company of the West
P.O. Box 85563
San Diego, CA 92186-5563
Cc: Project File I, Parcel Map No. 31 172
T:\Tracts\30000-39999\31172\Internal Correspondence\PM 31172 Release of on -site Performance 11-14-06 memo.doc
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0
LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101
October 19, 2006
Neil Kleine, President
Kleine Building & Development, Inc.
41-910 Boardwalk, Suite A-10
Palm Desert, CA. 92211
Re: Tract Map 31 172
To Whom It May Concern:
Per authorization from the Public Works Department, the City Clerk's Office hereby
releases Labor & Materials Bond 2123451 in the amount of $354,100. Please note
that the On -Site Performance Bond is not being released.
If you have any questions, please call me at (760) 777-7002.
Sincerel ,
ERONICA J. M TECINO, City Clerk
City of La Quin , California
cc: Tim Jonasson, Public Works Director/City Engineer
Insurance Company of the West
File
Tiht 4 4au&rw
MEMORANDUM
To: �fi�
Vroni Montecino, City Clerk
From: othy R. Jonasson, Public Works Director / City Engineer
ineer
Date: October 19, 2006
Re: Release of Performance Securities
La Quinta Valley Plaza, Tract Map 31172
Pursuant to Chapter 13.28.050 of the Municipal Code, please release the on -site labor
and materials securities. Please note, that the on -site performance bond is not
being released. Please mail the bond to the developer, Neil Kleine, President, Kleine
Building & Development, Inc., 41-910 Boardwalk, Suite A-10, Palm Desert, California
92211.
Tract Map 31172
Bond Number Bond Amount
2123451 $354,100.00
Total $354,100.00
c: Project File I, Tract No. 31172
T:/Tracts/30000-39999/31172/internal correspondence/release of on -site performance 10-19-06 memo
z
SUBDIVISION IMpROVEMENTS
172
Tract Map No. 31Bond #- 2123451
prMium $5 , 288.00
Bond is for two yeaxs
PERFORMANCE BOND
Qn--Sate TrnprovEents
KNOW ALL MEN RY THESE PRESENTS:
THAT, the City Council of the City of La puinta has approved the final map for Tract Map
No. 31172 ,prior to installation of certain dealsHated public improvements required by the
the California Map Act (Government Code
Conditions of Approval for the subject MOP, n 8CCor'danc6 With
Section 66462)
Kleine Building and
WHEREAS, the City Council of the City of La Quinta, State of Caiifo hereinafter designated as ("principal")
.� ..,.,., -; � n�•mra �- i can — .
T%,.-- 1 nrment Inc .. a Cali o ate certain designated public
haveentered ered into on agreement whereby pnncipal agrees to rnse�u� and compote
improvements, w� said agreement, dated 200_ ,and identified as
Tract Map No. 31172 , is hereby referred tc and made a part hereof; and
is required under the term$ of said agreement to furnish a bond for the
WMEREI�, said principal
faithful performance of said agreement.
NOW, THEREFORE, we, the principal and i Mal sum
as surety, are held and firmly bound unto the City of LO O, herei (� 377,700. �* lawful
S en i';Ven Thousand sum well and truly to be made. we bind ourselves, our
money of the United States, for the payment firmly b these Presents.
heirs, successy Y ors. executors end administrators, jointly and severally,
The condition of this obligation is Such that if the above bounded PmaPal• his or its heirs. executors,
and well and truly keep and
administrators. sucea� Sin or assigns. shah in all things stand to and ci bany alteration thereof made as
perform the covenants, conditlons and Provisions in the said agreement
on his or their port, to be kept and performed at the bTe and in the manner therein
therein Pi true intent and meaning, and shaft indemnify and save,.
specified, and in all respects according to their shall become
harmless the City. its OWXWs, agents and emproyees, Ss themin stipulated, then this obligation
null end void: otherwise it shall be and remain in full force and effect.
As a part of the obkjWon WC+r'ed hereby and in addition to the face amount speared therefor, there
curred
shall be included costs and reasonable expenses and fees. including e s acid ndudedYn any es, in meet
by City in successfully enforcing such obligation, all to be taxed
rendered.
Pogo i of 2
F201- PartWRIIInca Bond
BDIVISION IMPROVEMENTS
Tract Map No, 31172 Bond #2123451
Premium Included
LABOR AND MATERIAL BOND
(fin -Site 1mrovements
KNOW ALL MEN BY THESE PRESENTS:
THAT the City Council of the City of Le Quints has approved the final map for Tract Map
No. 3117� , 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 65462)
WHEREAS, the City Council of the City of La Quinta, State of California, andneine Building and
I�,w=ant I'nc .. A California Co=Q=ion 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. 31172 . 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 suftent payment bond with the City of La Quinta to secure the
claims to which reference is made in Title 16 (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 contradors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the agreement and refemed to in Title 16 (commendng with Section 3002)
of Part 4 of Division 3 of the Civil Code in the sum o Four Thousand One Hundred
DOLLARS ($ ** , 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 addc6on to the fece 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 3=)
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 snail become null and void,
otherwise 4 shad be and remain in full force and effect.
F202 - Labs and Material Bond Page 7 of 2