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31253 Quarry Ranch LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: Development: Developer/Owner: 31253 Quarry Quarry Ranch, LLC Bond Company: American Contractors Indemnity Company 9841 Airport, 9t" Floor Los Angeles, CA 90045 Attn: Dan Aguilar Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance 223367 $149,300 Labor & Material 223367 $149,300 y BOND NO. 223367 SUBDIVISION IMPROVEMENTS Parcel Map No. 31253 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. 31253 , 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 QUARRY 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 Exhibit A of Parcel Map No. 31253 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., Exhibit A NOW, THEREFORE, we, the principal and AMERICAN CONTRACTORS INDEMNITY COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of** One Hundred Forty Nine Thousand Tnree HuDgottA 'S ($149, 300.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. %,-\ In witness whereof, this instrument has been duly ex uted y the principal and surety above named, onNov. 9 , 200 4 QUAR(iY CH,LLC KENDALE TRAHAN t Commission # 138t Z Notary Public California Title of Sig at Riverside County my Comm. Expires Nov23,2M) AMERICAN CONTRACTORS INDEMNITY COMPANY Surety (Seal) Signature o urety Marcia D. Smith ATTORNEY IN FACT Title of Signatory 9841 AIRPORT , 9th Floor LOS ANGELES,CA 90045 Address of Surety 800-649-2663 Phone # of Surety DAN AGUILAR Contact Person For Surety F201 - Performance Bond Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal I Porn i a County of River -Ode On November 9,2004 Data before me, DONA L. BLESSING, NOTARY PUBLIC Nww "TWo of Oftw (a.g..'Jw* Doe, No" PuWk) personally appeared MARr I A D Sldl TH N-3) of sig-a•I [lpersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the persor)(s; whose named isbajo subscribed to the within instrument and acknowledged to me thatiWshe/AbtX executed the same in kx/her/tlaisdr authorized capacity(ies), and that by � FFICIALSEAL keher/ter signature(s) on the instrument the person*), DONA L BLESSING COMM #1412913 or the entity upon behalf of which the persons) acted, 4i Notary Public - Califomia executed the instrument. U` RIVERSIDE COUNTY r My Commission Expires APRIL22,2007 WITNESS my hand an¢ fficifseal. i'�01 Notary Pu04c OPTIONAL 14 Though the information below is not requiredby 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: PERFORMANCE BOND 11/9/04 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marcia D. Smith ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General U Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: AMERICAN CONTRACTORS INDEMNI Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 190 NaabrW Notary Aaa-WM . WX Plarn mot Avw.. P.O. Box 7164 - Canoga Park, CA 91309-7164 Prod. No. 5007 Pwordw. Cam Toll -Er" 1-e00-676-bev American Contractors Indemnity Company 9841 Airport Blvd., 91h Floor Los Angeles, California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, George C. Faletto or Marcia D. Smith of La Quinta, California its true and lawful Attorney(s)-in- Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ ***1,500,000.00***Dollars This Power of Attorney shall expire without further action on March 18, 2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 61h day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`h day of December, 2003. ET011S AMERICAN C NTRACTORS INDEMNITY COMPANY s INcoRPORAiED sEn26j"o By: ?� o Robert F. T omas, Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES �1► On this 15'h day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. tn,l` 'Ae e, — Signature of Notary My Commission expires March 18, 2007 DEBORAH REESE _ CommRslon # 1406149 Notary Publb - Cogfomia Los Angeles County My Comm. Exptes Mar 18, 2007 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 9 day of November 12004 7L a I PA I _0 Bond No. 223367 Jeann J. Kim, Co orate Secretary Agency No. #2022 Rev. POA 12/15/03 BOND NO. 223367 SUBDIVISION IMPROVEMENTS Parcel Map No. 31253 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 Parcel Map No. 31253 , 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 QUARRY RANCH - i. L C hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain esiTated public improvements, which agreement, dated , 200, and identified as Parcel Map 3 1 5 3, E x h i b i t A No. 31253 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of *11 ' One Hundred Forty Nine Thousand Three Hundred DOLLARS ($149 , 300.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 s The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice a such change, extension, alteration, or addition. In witness whereof, this instrument has been duly a uted b the principal and surety above named, on Nov. 9 2004. QUARRY RAN , LLC (Seal) Vag[ lignaturt of Principal KEN4LE�TRAN AMERICAN CO ORS INDEMNITY COMPANY Comm86587 Z '.u' Notary Public - California B y, er Riverside County y My Corr gym. Expires Nov 23,?O(k' Marcia D. Smith Attorney in Fact -� -- � F202 - Labor and Material Bond Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On November 9,2004 before me, DONA L. BLESSING, NOTARY PUBLIC Date N" ud T12J* d Mw (a.¢, •Jana Dos, Notary Pubdc ) personally appeared MARC I A I) SM 1 TH Na,, 0) 01 3"r(1) 11personally known to me — OR —O proved to me on the basis of satisfactory evidence to be the porsor)(* whose name>dp� ishaxj subscribed to the within instrument and acknowledged to me that*R/she/ibx executed the same in kx/her/tk5ir authorized capacity(ies), and that by OFFICIAL SEAL k2/her/ts9r signature(s) on the instrument the person*), DONA L BLESSING or the entity upon behalf of which the person6c) acted, COMM #1412913 Notary Public -California executed the instrument. C7 RIVERSIDE COUNTY My Commission Expires APRIL22, 2007 D WITNESS my hand and official seal. Syruturo of Notary Public OPTIONAL Though the information below is not required�by law, it may prove valuable to persons retying 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: LABOR & MATERIALS BOND Document Date: 11/9/04 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Marcia D. Smith ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General U Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: AIIERICAN CONTRACTORS INDEMNITY Signer's Name: gy i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: 0 100 National Notary Asaoda60n - UX Rww l Ave.. P.O. Boa 7164 - C80-na Park, CA OINO.7164 Prod. No. SW Rsadw: C+A 1bwEres 1-0OP076-68V