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31816 La Quinta North Partners, LP - OBR & Releases BondsOUTSTANDING BOND REPORT Name: La Quinta North Partners (Westward Shadows) Tract No. 31816 Date of Contract: July 25, 2005 Required Bond Amounts: Rough Grading $150,000 Off -Site: Streets $ 68,900 / 68,900 Sewer $ 80,150 / 80,150 Water $107,890 / 107,890 Storm Drain $ 14,080 / 14,080 Sidewalk $ 51,350 / 51,350 Landscape $ 15,000 / 15,000 Block Wall $ 24,800 / 24,800 10% Contingency $ 36,220 / 36,220 Prof. Fees Design $ 39,840 / 39,840 Prof. Fees Construction $ 39,840 / 39,840 No Plans Contingency $ 59,760 / 59,760 On -Site: Grading $ 17,140 / 171,400 Storm Drainage $ 31,980 / 31,980 Landscape $ 9,600 / 9,600 Utilities $113,605 / 113,610 Monumentation $ 2,500 10% Contingency $ 17,480 / 32,660 Prof. Fees Design $ 19,230 / 35,930 Prof. Fees Construction $ 19,230 / 35,930 No Plans Contingency $ 28,850 / 53,890 Dates of Bond Reductions: Outstanding Bonds and Bond Company: Insurance Company of the West Amount: Bond No. Date Cancelled/Released: $150,000 2134739 $485,000 (P) 2167861 $ 32,659 (W) same (Note: Performance amt. higher than required) $485,000 (L&M) same Released 6/7/2006 Replaced w/warranty 8/5/10 Released August 24, 2011 Released 4/14/2011 $537,830 (P) 2167860 Replaced w/rider 11/29/06 $ 9 2,15 2 (R) same Replaced w/warranty 8/5/10 $ 36,217 (W) same Released August 24, 2011 $537,830 (L&M) same Released 4/14/2011 Susan Maysels --rM 3l 1(s From: Carolyn Walker Sent: Thursday, June 07, 2012 4:34 PM To: Susan Maysels Subject: Model Home Deposit Refund for MUP 2005-650 Attachments: 4717_001. pdf Susan: According to the Conditions of Approval for Minor Use Permit 2005-650, a $1,000 model home deposit was made to this account. Finance has requested we verify the models have been converted back to single-family residences, the deposit is eligible for refund, and we refund the payment. Attached is a copy of check no. 95974, in the amount of $1,000 — the deposit — made payable to La Quinta North Partners, L.P., for your records. If you have any questions, or need additional information, please let me know. Thanks. Carolyn Walker, Executive Secretary Planning Department City of La Quinta 760-777-7118 cwalker(o)la-quinta. orq This email and any files transmitted with it may contain legally privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please adivse the sender via reply email and delete the email you received. This email address is to be used for official City of La Quinta correspondence only.Any messages which are transmitted to this address which contain advertisements, spam, malicious attachments, or any other type of inappropriate content may be automatically deleted or blocked from receipt or viewing. Please consider the environment before printing this and any email. CHECK NO. 95974 (fity o1 oCa�1Quinta LA QUINTA NORTH PARTNERS, L.P. 2972 05/22/2012 DATE INVOICE ACCOUNT DESCRIPTION AMOUNT I 05/08/12. MUPOS-650 101-0000-228-10*.00 07-014 DEV DEP 1,000.00 II i REFUND OF MODEL HOME DEPOSIT 1,000.00 ' 11 LA QUINTA NORTH PARTNERS L.P. ' Y a ' 2 CROOKED STICK DRIVE NEWPORT BEACH CA 92660 ~'•.., : ' -„ _' . + k''., _ � '�$1•�'X�.�:h':i��i'. '.�•ykL�z::) icier Jt!:'i�� a: r•t'�11��f'.a '�iSJ'. - �^yv3:: - .,.Y.. 1v'S •._ ..yf::. - t:!t:.ir rd, ���. .ii g4,+.�57;]� nY�'i ..•:S' .. l.•(i� - tt:•:�' `tir'u>'.���:ki'.+,, x.=: •�!.�'y At '} •ih v - 'a:i�. ...l. :Iv. `.'.:r1i3:L.Sf{n.! •}i:$.`••, x..\-.{ .�L: v.•'�A{•�. r4}' ^'tiA¢LT .1 inn . t: �::.� •. :i: :•:.: �.: :.�.:...u: �.»}...h".:v:.•a c: �.:.k. �i:: :u�..n::.. •.... .,^.•.:.i _I>`. r: ..:...:....:N w. .:::\i. ... l":i_._.vn. .: uav ti.:.�.:{.. 1.. _ _ _{�� a J :i�.. 111959716115 1: L 2 L000 2484 4 159 28 248'2ii■ City of La Quinta Community Development Dep ens 78-495 Calle Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 07-044L OFFICE USE ONLY Cue NJ4 L)P igS ^ Cs"D D'7 F�a 4po 4 o!i 1' Related Apps.: u OS SD Logged in by: / For An.Event of More Than 2,000 People, include Waste Reduction Info APPLICATION FOR MINOR USE PERMIT APPROVAL MINOR USE PERMIT applications are reviewed and approved -by the Conununity Development Director pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring the permit do not have an adverse impact on surrounding properties, residents, or businesses. APPLICANT [ -A Gal L -,P. (Print) MAILING ADDRESS 2 CA.,p 4 ,.0 'cyt" Dv Phone No.` 41-- 7S4 /0113 CITY, STAT�, ZIP: )U.+� &" t CA, a 2 G tb v Fax No. 4�S --70 to - 10 IT PROPERTY OWNER (If different): (Print) MAILING ADDRESS: CITY, STATE, ZIP: PROJECT LOCATION: Fax JHI� ri 2007 CITY OF LA QU1N?A FINANCE DEPT L.0 f o PROPOSED USE AND/OR CONSTR CTION (Including operational information): 41L,9 9 WeA.f 0 / L drs, p�l� wtv /fie . 0-V G� 6L/ �7 lri j tiw W -e- ,'I OVW_J� ! K /.,d7- 7�6e Kc�w7'� � 4.b & LtJe J / le�T dls•6�c F'd< �w� C� a tJ S-� • (attach sheets if needed) __..__.._.....:._...LEGAL DESCRIPTION (LOT & TRACTOR A.P:N.): o! - 17=/e - 712.xr 711Wi A I Minor Use Permit �us� ,D�j aad T-ily °F ,ep QUM& P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 August 24, 2011 Mr. James Thompson La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA 92660 Re: Tract Map 31816 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office hereby releases Warranty Bond No. 2167861 A in the amount of $32,659 and Warranty Bond No. 2167860A in the amount of $36,217. If you have any questions, please call me at (760) 777-7002. Sinc , Veronica Monte ' o, ity Clerk City of La Qu' to cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File i.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 FI Camino Reall Can D*e2n CA 97110-?045 P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400 - FAX (619) 350-2707 MAINTENANCE 13OND Bond No. 216 78 61 A KNOW ALL MEN BY THESE PRESENTS: That, La Quinta North Partners, L.P., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of la Quinta in the sum of Thirty Two Thousand Six Hundred Fifty Nine and 00/100 ($32,659.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 7th day of July, 2010. WHEREAS, on the 16"' of June 2005, the said Principal, as contractor, entered into a contract for On -Site Improvements for the sum of Four Hundred Eighty Five Thousand and 00/100 ($485,000.00); and, WHEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond for Thirty Two Thousand Six Hundred Fifty Nine and 00/100 ($32,659.00), to protect the City of La Qunita against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until July 20, 201 L. NOW, THEREFORE, if the said La Quinta North Partners, LP shall for a period of one year from and after the date of the completion and acceptance of same by said City of La Quinta replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in fill force and effect. La Quinta North Partners, LP C ROBERT P. DOLE, ATTORNEY -IN -FACT No. 0001256 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NICKI EDWARDS, JOHN T. DOLE, DANIEL P. DOLE, ROBERT P. DOLE their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. r4��pNPANY�Fry SC� gTY Q� pAPORAT F / 4� ?ti` n ac Ea s /o �o ` o INSURANCE COMPANY OF THE WEST 10 SEALZ ca vy EXPLORER INSURANCE COMPANY i`o,`�TjApRN`'� r; °yam ao° INDEPENDENCE CASUALTY AND SURETY COMPANY �Ootq � y� Jeffrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who 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 they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons 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. JoAnn Pache, Notary Public RESOLUTIONS 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 respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(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 making 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, may be 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 may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. nn IN WITNESS WHEREOF, I have set my hand this day of L V. Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On July 7, 20I0 before me, Nicki Edwards, Notary Public, personally appeared Robert P. Dole, proved to me on the basis of satisfactory evidence to be the person whose name(/is/atesubscribed to the within instrument and acknowledged to me that he/sho4hey executed the same in his/heF' r-authorized capacity(ies),-and that by hislher rein-signature(p,ron the instrument the persons' or the entity upon behalf of which the person acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OFFICIAL SEAL ` = NCK1 EDWARDS •p ; NOTARY PUBLIC-CALIFORNIA r COMM. NO. 1839312 SAN OIEGO COUNTY NiY COMM: EXP. MAR. 31, 2013 WITNESS my hand and official seal. L jvl (4ie, Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400 - FAX (619) 350-2707 MAINTENANCE 13OND Bond No. 216 78 60 A KNOW ALL MEN BY THESE PRESENTS: That, La Quints North Partners, L.P., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of la Quinta in the sum of Thirty Six Thousand Two Hundred Seventeen and 00/100 ($36,217.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 7th day of July, 2010. WHEREAS, on the 16"' of June 2005, the said Principal, as contractor, entered into a contract for Off -Site Improvements for the sum of Five Hundred Thirty Seven Thousand Eight Hundred Thirty and 00/100 ($537,830.00); and, WHEREAS, under the terns of the specifications for said work, the said Principal is required to give a bond for Thirty Six Thousand Two Hundred Seventeen and 00/100 ($36,217.00), to protect the City of La Qunita against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until July 20, 2011.. NOW, THEREFORE, if the said La Quinta North Partners, LP shall for a period of one year from and after the date of the completion and acceptance of same by said City of La Quinta replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. La Quinta North Partners, LP • ROBER'T P . DOLE ATTORNEY -IN -FACT No. 0001256 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NICKI EDWARDS, JOHN T. DOLE, DANIEL P. DOLE, ROBERT P. DOLE their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. r4�'OMPANY005 -Vo \ _piJ�TY V G GCS' 0011 6, 4 I� -4� rF, o + 4 k INSURANCE COMPANY OF THE WEST i o o S EA e; D j > EXPLORER INSURANCE COMPANY "'RCN 1, �9r` o .'O INDEPENDENCE CASUALTY AND SURETY COMPANY +Vl �oRNIP �T�i A C�c�rorm�► -- — 17411,1 Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego J. Douglas Browne, Senior Vice President On May 21, 2009, before me, JoAnn Pache, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who 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 they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons 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. � ITV JoAnn Pache, Notary Public RESOLUTIONS 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 respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(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 making 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, may be 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 may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this day of _ �, { 0 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On July 7, 2010 before me, Nicki Edwards, Notary Public, personally appeared Robert P. Dole, proved to me on the basis of satisfactory evidence to be the person whose namew is/a-Fe subscribed to the within instrument and acknowledged to me that he/she4h&f executed the same in his/her4he-ii- authorized capacity(ies), and that by his/her4heir-signatureKon the instrument the person(e, or the entity upon behalf of which the person(o j acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 4.itc°v�:ritil$�Y{'u."9r'"�Sr'�,nvlltii�! Lei't, .—A" �+ OFFICIAL SEAL NICKI EDWARDS m = NOTARY PUBLIC-CALIFORNIA �^ C,OMM. NO 18393?2 `' � N DiEGO COUN71' ' My COMM. EXP. MAR. 31, 2013 WITNESS my hand and official seal. Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT Tity/ 4 4aQ,&rw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: 64mothy R. Jonasson, P.E., Public Works Director /City Engineer Date: August 17, 2011 Subject: Release of Warranty Securities for Tract Map No. 31816, Westward Shadows Please release the following warranty securities held in your files for the above referenced tract. The off -site and on -site improvements were accepted by City Council on July 20, 2010. The warranty amounts and the address to the developer and surety company are as follows: TRACT No. 31816 Warranty Bond No. Warranty Amount 2167861A off -site) $32,659 2167860A on -site) $36,217 Developer: Mr. James Thompson La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA 92660 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130-2045 Cc: Project File I, Tract Map No. 31816 Ceitf t 4 4VaaMrw P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 April 14, 2011 Mr. James Thompson La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA 92660 Re: Tract Map 31816 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office has received notification and hereby releases Bond No. 2167860 in the amount of $537,830. and Bond No. 2167861 in the amount of $485,000. If you have any questions, please call me at (760) 777-7002. cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File BOND NO. 216 78 61 SUBDIVISION IMPROVEMENTS Tract Map No. 31816 ON -SITE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31816 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and LA QUINTA NORTH PARTNERS, LP hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 2005 , and identified as Tract Map No. 31816 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of FOUR HUNDRED EIGHTY-FIVE THOUSAND & 00/ 100 DOLLARS ($ 485, 000.00 ), 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 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 of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JUKE 16 2005. LA QUINTA NORTH PARTNERS LP BY: URBAN HABITAT, G� PARTNER (Seal) ignature of Principal (Seal) JAMES E. THOMPSON, PRESIDENT Title of Signatory INSURANCE PITANY OF THE Surety I/ nature DANIEL P. DOLE, ATTORNEY -IN -FACT Title of Signatory INSURANCi COMPANY OF THE WEST P.O. BOX 85563 SAN DIEGO, CA 92186-5563 Address of Surety (858) 350-2900 Phone # of Surety JOSH REYNOLDS Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real. San Diego. CA 92130-2045 P.O. BOX 85563. San Diego. CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 n-NIt iml-group.corn Bond Number: 216 78 61 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar M. 00) Important Notice: The cost or terrorism coverage is subject to change on any bond that premium is charged annually. No. 0001256 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NICKI EDWARDS, JOHN T. DOLE, DANIEL P. DOLE, JAMES F. TEGHTMEYER, ROBERT P. DOLE their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. 4EOOYPANy..JW SUgq �°� Y 4,a INSURANCE COMPANY OF THE WEST ���pOR►OMtF� g C�4��POp'�`��IP �' d G THE EXPLORER INSURANCE COMPANY �� 1 SEAL: o > INDEPENDENCE CASUALTY AND SURETY �9jOMl. ra � 8 COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California SS. County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. MARY COB$ COMM. #1321341 n U NOTARYPUBLIC•CAUuFORNIA tN W .� WY MYmmAcossio �Ex f 3 SEi'TEMBER 20.2005 RESOLUTIONS Witness my hand and official seal. Mary Cobb, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsinle signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(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 making 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, may be 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 may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and ar( now in full force. IN WITNESS WHEREOF, I have set my ...... this ___ 1(Q.____ day of �i,c w� a0V � John K Craig, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1 I I 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (859) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On June 16, 2005 before me, Nicki Edwards, Notary Public, personally appeared Daniel P. Dole, ® personally known to me -49R--[�j to be the person(,' whose name($] is/ale subscribed to the within instrument and acknowledged to me that he/%heAhey-executed the same in his/kef4ha4r authorized capacity(ies}- and that by his7�ir signature(s) on the instrument the person), or the entity upon behalf of which the persou(4 - acted, executed the instrument. OFFICIAL SEAL vVy NICKI EDWARDS NOTARY PUBLIC - CALIFORNIA COMMISSION # SAN DIEGO COUNTY C ornmission Exp. March 31, 2a09 WITNESS my hand and official seal. (, � 1� . Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West DESCRIPTION OF ATTACHED DOCUMENT CA -IC W 24 (7/00) BOND NO. 216 78 60 SUBDIVISION IMPROVEMENTS Tract Map No. 31816 OFF -SITE 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. 31816 , 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 LA QUINTA NORTH PARTNERS, LP 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 , 2005, and identified as Tract Map No. 31 816 , 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 DOLLARS ($ 537, 830.00 ), 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. * FIVE HMIDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED THIRTY AND 00/100 F202 - Labor and Material 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 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, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JUNE 16 2005. LA QUINTA NORTH PARTNERS LP BY: URBAN HABITAT, GE[VER& PARTNER Princi al (Seal) gnature of Principal JAMES E. THOMPSON, PRESIDENT Title of Signatory INSURANCE DIPANY OF THE WEST S u rety �- (Seal) Signature of Surety DANIEL P. DOLE, ATTORNEY -IN -FACT__ Title of Signatory INSURANCE COMPANY OF THE WEST P.O. BOX 85563 SAN DIEGO, CA 92186-5563 Address of Surety (858) 350-2900 Phone # of Surety JOSH REYNOLDS Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Canuno Real. San Diego. CA 92130-2045 P.O. BOX 85563. San Diego. CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 11-1«v.icV7group.com Bond Number: 216 78 60 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar ($1.00) Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. No. 0001256 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint NICKI EDWARDS, JOHN T. DOLE, DANIEL P. DOLE, JAMES F. TEGHTMEYER, ROBERT P. DOLE their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. .09P Y�.'yu,NSuq �uyTY tiva INSURANCE COMPANY OF THE WEST � �ot`POq� 4yc+ oG THE EXPLORER INSURANCE COMPANY `�`oProMrFa q d R '° N , INDEPENDENCE CASUALTY AND SURETY SEAL o COMPANY to,, a John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California } SS. County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. MARY COBB COMM. #1321341 A NOTARY PUBUC•CAUFORNiA N SAN DIEGO COUNTY My Commission Expires SEPTEMBER 20 2005 RESOLUTIONS Witness my hand and official seal. Mary Cobb, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals tinder authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(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 making 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, may be 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 may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are w m full force. y IN WITNESS WHEREOF, I have set my hand this �day of�1 �A {� L,V V 5 4�4WOL� John H. Craig. Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1 1 1 1 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or tiling claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On June 16, 2005 before me, Nicki Edwards, Notary Public, personally appeared Daniel P. Dole, ® personally known to me OR to be the person( whose name(s,} is/are subscribed to the within instrument and acknowledged to me that he/sueexecuted the same in his/her authorized capacity(aes�, and that by his/herthdr signature(4 on the instrument the person�,s�, or the entity upon behalf of which the person�s'j pFFICIAL SEAL acted, executed the instrument. NICKI EDWARDS NARY PUBLIC - CALIFORNIA m a COMMISSION # 1565738 SAN DI CMaOUNTY rch 31, 2009 y Commisswn EV' WITNESS my hand and official seal. Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Insurance Company of the West DESCRIPTION OF ATTACHED DOCUMENT CA-ICW 24 (7/00) T4tit 4 ZP Qum& MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: 5 Ed Wimmer, Development Services Principal Engineer Via: 4A othy R. Jonasson, P.E., Public Works Director/ City Engineer Date: April 6, 2011 Subject: Release of On -Site and Off -Site Labor & Materials Securities for Tract Map No. 31816, Westward Shadows Please release the following Labor & Materials securities held in your files for the above referenced tract. The on -site improvements were accepted by City Council on July 20, 2010; therefore, the retention of the Labor & Materials 90-day period was completed. The Labor & Materials security amount and the address to the developer and Surety Company are as follows: TRACT No. 31816 Bond No. Bond Amount 2167860 $537,830 2167861 $485,000 Developer: Mr. James Thompson La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA 92660 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130-2045 Cc: Project File I, Tract Map No. 31816 Page 1 of 1 BOND NO. 216 78 60 SUBDIVISION IMPROVEMENTS Tract Map No. 31816 OFF -SITE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: or(, - zl THAT, the City Council of the City of La Quinta has appro% > the No 31816 prior to installation of certain designate �pi-�„Y Condions of Approval for the subject map, in accordance with the (J l Code ti Section 66462) WHEREAS, the City Council of the City of La Quinta, State of Calif LA QUINTA NORTH PARTNERS LP hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 2005 , and identified as Tract Map No. 31816 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum Of * DOLLARS ($ 537, 830.00 ) 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. * FIVE HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED THIRTY AND 00/100 Page 1 of 2 F201 - Performance Bond BOND NO. 216 78 61 SUBDIVISION IMPROVEMENTS Tract Map No. 31816 ON -SITE 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. 31816 , 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 LA QUINTA NORTH PARTNERS, LP 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 5, and identified as Tract Map No. 31816 , 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 INSURANCE COMPANY OF THE bVEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("Cityy"), in the penal sum of FOUP. HUNDRED EIGHTY FIVE THOUSAND & 00/100 DOLLARS ($ 485,000.00 ) 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. ,N.��;5�•w F201 - Performance Bond f, I ,, ,r-e I ; Page 1 of 2 Twit 4 4 a" MEMORANDUM To: Veronica Montecino, City Clerk From: 4iothy Wimmer, Development Services Principal Engineer Via: R. Jonasson, Public Works Director / City Engineer Date: November 16, 2006 Re: Replacement of Performance Security for Westward Shadows, Tract Map No. 31816, due to Reductions for Completed Off -site Improvements Please replace the off -site performance security held in your files for the above referenced tract. The enclosed new bond (reduced amount) will secure the completion of the remaining improvements. The amount and the address to the surety company are as follows: Bond Number Labor & Materials Performance Security 2167860 $537,830 $92,152 Total $537,830 $92,152 Developer: Mr. Jim Thompson La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA 92660 Surety Company: Insurance Company of the West P.O. Box 85563 San Diego, CA 92186-5563 Cc: Project File I, Tract Map No. 31816 T:\Tracts\30000-39999\31816\internal correspondence\Tr 31816 Memo Reduction of Bonds - Off-site.doc BOND NO. 216 78 60 SUBDIVISION IMPROVEMENTS Tract Map No. 31816 OFF -SITE LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quintal has approved the final map for Tract Map No. 31816 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and LA QUINTA NORTH PARTNERS, LP hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200�, and identified as Tract Map No. 31816 is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of DOLLARS ($ 537, 830.00 ), 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. * FIVE HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED THIRTY AND 00/100 F202 - Labor and Material Bond Page 1 of 2 M 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 June 7, 2006 La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA. 92660 Re: Tract Map 31816 To Whom It May Concern: Per authorization from the Public Works Department, the City Clerk's Office hereby releases Performance Bond 2134739 in the amount of $150,000. If you have any questions, please call me at (760) 777-7002. Sincerely, JUNE S. GREEK, City Clerk City of La Quinta, California cc: Ed Wimmer Raoul Martinez, Assistant Engineer II Insurance Company of the West File T-VY 4 04PQukrw MEMORANDUM To: June S. Greek, City Clerk From: Ed Wimmer, Interim Development Services Principal Engineer VIA: Ih�> timothy R. Jonasson, Public Works Director / City Engineer c� Date: May 26, 2006 Re: Release of Grading Security Westward Shadows, Tract Map No. 31816 Please release the Grading Security for the above referenced tract. All work associated with the requirements for grading has been satisfied. Tract Map 31816 Bond Number Labor & Materials Performance Security 2134739 $0 $150,000 Total $0 $150,000 The security may be released to the following: Developer: La Quinta North Partners, L.P. 2 Crooked Stick Drive Newport Beach, CA 92660 (949) 706-2596 Cc: Project File I, Tract No. 31816 T:\PWDEPT\Tracts\31816\interna1 correspondence\Release of grading security.doc La Quinta North Partners, L.P. 2 Crooked Stick Dr. Newport Beach, CA 92660 949-706-2596 Fax 949-706-1419 May 22, 2006 Mr. Timothy IL Jonasson, P.E. Public Works Director/City Engineer City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 Dear Mr. Jonasson: RECEIVED MAY 2 5 2006 PUBLIC WORDS Deliver via fax: 1 pg to 760-777-7101 Hard copy to follow in mail Offsite Improvements for Tract 31816 are 95% completed. Yet to be completed are the following: RE: Tract 31816 Onsite and Offsite (SIA) 1. Final portion of Wall along Westward Ho; scheduled to be built within the next two weeks. 2. Sidewalk on westerly side of Roudel Ln. will not be scheduled until homes are completed on Lots 19-26. 3. Remaining sidewalk along Westward Ho. Scheduled to be poured within the next 30 days. 4. Last lift of asphalt Roudel Ln. - following completion of homes on Lots 19-26. Due to market conditions we do not have a schedule as to when the remaining 8 homes will be started or completed; therefore, we request a one-year extension of our SIA for both Onsite and Offsite Improvements. We further request a reduction of the Bond amount due to substantial completion of required improvements. Thank you, Yours truly, J �Thompson C