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2006 - 33015 Riviera Villas, LLC Amended SIACITY of LA QUINTA AMENDED SUBDIVISION IMPROVEMENT AGREtMtN I TRACT MAP No. 33016 THIS SUB (VISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this th day of by and between Riviera Villas, LLC , a Caltitomia Limited Liability Company, hereinafter refefred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City.' RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map') or a unit or Tana in 61t: Ciiy ei La euiota, County of Riverside, which unit of land is known as Tract No. 33015 (the "Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements, except for the finished paving, have been installed but not accepted oy the vary at inis un le. The above noted improvements were installed under Tract Map No. 29125, which is being replaced by this new Tract Map No. 33015. D. Tract Map No. 29125 was approved for single family lots, but the Homeowners' Association for the Tract did not approve of these lots. Tract Map No. 33015 is a condominium plan (accepted by the Homeowners' Association) with the same improvements as shown on Tract Map No. 29125. E. Accordingly, in order to secure approval from the Homeowners' Association, Subdivider has agreed to modify the project to the condominium plan. The City has given the modified project the new Tract Map No. of 33015. F. It is therefore necessary that Subdivider and City enter into an agreement to reiterate Subdivider's obligations with respect to the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public ana private street, urainage, uiiiny, other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof_ The methods, standards, specifications, sequence, and scheduling of construction snau oe as approves uy um -ny F-iiyait=- 3, Improvement Security. A. The Subdivider may provide adder from American Contractors Indemnity Company in a form acceptable to City attaching the existing Performance Bond (Bond No. 203400) and Labor and Material Bond (Bond No. 203400). Said rider shall expressly state that the existing bonds from Tract Map No. 29125 are being transferred to cover Improvement under the new Tract Map No. 33015. B. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after 2-Cl— Ob8G-L8b-ZIP ttta4ueS •..r �oiu�ed dgl:ao so LT now improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Securityfor performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shalt include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. i,. improvement security snan conrorm to Section bb49a of the c;alitomia government l;oae ana one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of ..K-r or better on ine investment Uata Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor unui reieaseo by I-Ity_ Letters oT credit snan guarantee that ail or any portion of the tunas available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of ii rr it npi uvernents ana snan inciuue ine power of sale or the real property, ail buildings ana improvements tnereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or irr any wine appGr tairinig, anti uie reservations, remainders, rents, issues, ano pronts inereot. i ne collateral value oT the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency ui tiru smote, reueiar, or local government provioes at least twenty i'ercent (zu,%) of the tinancing Tor the Improvements_ 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the C,aiiiui nia uuvernment %,00e, aepositea, at tatys option, with Lxy or a responsible escrow agent or trust company. D. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise setforth in Exhibit A. E. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative tees shall apply to the subdivision (final map, parcel map or waiver of panel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source t a LIVUL-LILIV-G 1V ► L La•;ue5 •L• >1W ►-A-4ed a`t ;du 5U L t AUN (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for SUUriiiLLdi U; wdnanty secunLty it ine warranty security is or ine same Torm ana tram the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shali be One Hunarea Fifty Oollars ($150.00). 2 j r=U1 IICI m V11 Judi pl vpei Ly cib ue5ci wea In raragrapri a) Ur Jrl. i iuiN a. m, for wnicn tiliy win prepare lien agreements and suboodination agreements, administer valuation of the real property and administer the agreements over tree ure or tie lien, all of wnicn require legal assistance and fnancial advice, Subdivider shall pay to tarty an aaministration tee of Une Halt of One Percent (0.5%) of the estimated cost of the improvements secured but not less tnan five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other torms of security listed in Section 3 B, above, there will be no administrative fee. F. Participatory hmprovements, if any, are identified in Exhibit A. Security for Participatory improvements shall remain in place until the Participatory improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdiivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty secunDy shall not be required for Participatory Improvements. Upon written demand fmm City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing varacipatory Wnprovements. It Subdivider tails to deposit said cash within 30 days of the date of the written demand from City, Ciity may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. G. oecrsriry snaouiotexpire, oe reaucea or become wnony or partially invaiia for any reason, including non- payment of premiums, mod cations of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. H. becurity shalt toe reieasecl in the tollowing manner: 1) Pertorma i ce security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The CityiEngineer may authorize partial reduction of performance security as work progresses, upon application by Subdividler. However, no such reduction shall be for an amount less than Ten Percent (10%) of dir iuidi penorman ce securmyr proviaeu Tor ine Tartntui performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow.more than two partial reductions of security furnished for any improvement agreement. 3) Participa#ory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) if City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warrantjy security not utilized during the warranty period shall be released one year after final acceptance or approval by the; City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other an¢angementis satisfactory to the City Engineer. b'd 0 BL.-LBb-ZTi, tTTaqueS •C -,{oiujed d9T:ao s0 LT A0W u. Pet miis Required, Prior to commencing any phase oT worK, 5ubaiviaer shall obtain all permits required Tor didi prase of work and pay aii requires Tees. wont perrormea unaer a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition or real property not owned oy 5ubaivider or Uty, Subdivider shall use its best efforts purchase such real ptvpeay at a reasonable price. in the event that 5uoaiviaer is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, bui is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of the original Subdivision Improvement Agreement, which was approved on March 5, 2004. Portions of the Improvements maybe completed at a iaier pate, as determinea uy the i✓iry tngineer or as set forth in txhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the improvements. Said failure snap not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. o_ Timu Exiension. Subdivider may maKe appiication in writing to the Uity Uouncil Tor an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure Ene perrormance or ano payment Tor improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments ii 1 ac;uul uaric& win ine provisions oT sections ut)4a5, et sec. or the -suDaivision Map Act ana ottne La C,luinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -cuts for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required uucurnentation and wiii inspect the improvements. it the improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. S•d ObBL- LBt+-aIt, T11equeS •p -�otuied dLT:20 So LT AoN 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. i o. inoemnrfication. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of t is Dui iuiiiof �s of ilpprovai. in the event mat any requirement or conaition ottttis Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. SewctdiAity. in Me event tnat any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. Ali notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. 9'd Of' BL-LB�1-ZIt, iTTaques -r -moij4ed deT:20 SO LT AoN IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year firstwritten above, CITY: City of La Quinta Thomas P. Genovese, City Manager ATTEST: City Cler SUBDIVIDER: RIVIERA VILLAS, LLC Local Address 78-371 Highway 111 La Quinta, CA 92253 78-495 Calle Tampico La Quinta, CA 92253 760f777-7075 d 6 pate Principal Address 300 E. State Street, Suite 100 Redlands, CA 92373 By: Lrs Dqvelo �m Cu- C., OLY460v\ Date Title: Q (3 &A ay_ k I I l7 0� —f I Date Title: .90 Reviewed and Appro, Approved as to Form -Z Dat Dat 2'd OirBL- Let? -aIt' iitaiues---r Aotj4ed dt,*,:g0 SO LT A0W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of - G'- On )y 0 ✓ l 7 . Or before me, 9 C �y Date 1Namme and Title of Officer (e.g., " ne Doe, Notary Public") personally appeared n l� t cm% , Names) of Signer(s) SUNING CHEN Commission # 1464449 z` Notary Public - CaNfomia San Bernardino County mf eMy Comm. Expires Jan 20, 2008 l �(Personally known to me L_ proved to me on the basis of satisfactory evidence to be the person) whose name( is/aP6 subscribed to the within instrument and acknowledged to me that he/sb(e/thoy executed the same in his/l�i authorized capacity(yhs), and that by his/hdr/t�eir signature(] on the instrument the person(, or the entity upon behalf of which the personX( acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: )l�f/V`l7�D� In �JOi %✓ 5 r7n ?Vn�Ytl ✓e7n�iYv1 Ar Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — - : Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Exhibit A Security - Tract 33015 ExuaNi as ouierwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others and consists of infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval and herein. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount_ Partial releases of performance security will be evaluated and maybe granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place unbi 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Streets Improvements 48,778 48,778 Grading 43,950 43,950 Site Perimeter Wall 32,000 32,000 Domestic Water 66,700 66,700 Sanitation Sewer 14,260 14,260 Monumentation 5.000 0 Construction Subtotal: $210,688 $205,688 Contingency (25% of Project) 59,952 TOTAL: 270,640 Offsite Participatory Improvements 2 $29,120 0 This improvement item shall be constructed/installed within six (6) months after recordation of the Tract Map. This improvement item will be paid in cash, to the City for redistribution to the party who constructs the offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs confirm a lower participation amount. B'd TlTaiueS •( loi-i4ed d6T=Z0 So LT AOW P MEMORANDUM TO: June Greek, City Clerk FROM: W.i Anthony Colarossi, Associate Engineer VIA: 71 imothy R. Jonasson, Public Works Director/City Engineer DATE: December 21, 2005 RE: Final Map for TM 33015, The Laurels On December 20, 2005, the City Council adopted a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33015, Riviera Villas, LLC. I am transferring to you the Final Map, ASIAs, and Surety Rider for you to perform the following tasks: 1. Sign and process the Onsite Amended Subdivision Improvement Agreements 2. Keep the following Surety Rider: for Performance and Labor Bond No. 203400 Surety Company: American Contractors Indemnity Company 3. Sign and return the Final Map If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\COLAROSSI\TRANSMITS\City Clerk\Final Maps Sending\laurels 33015 final map.DOC 1 of 2 HRW'Lluff- *Zffi fm P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 January 5, 2006 Mr. Jack Renaldi RIVIERA VILLAS, LLC 22800 Savi Ranch Parkway, Suite 210 Yorba Linda, CA 92887 Dear Mr. Renaldi: Please find enclosed a fully executed Amended Subdivision Improvement Agreement by and between Riviera Villas, LLC, and the City of La Quinta for Tract Map No. 33015. Should you have any questions, please contact the Public Works Department at (760) 777-7075. Sincerely, ar�'-O( JUNE S. GREEK, CMC City Clerk Enclosure cc: Timothy R. Jonasson, Public Works Director/City Engineer N';411 —r ti OF T19 COUNCIL/RDA MEETING DATE: May 17, 2005 ITEM TITLE: Public Hearing to Adopt a Resolution of the City Council Approving Tentative Tract Map 33015, a Nine -Unit Single -Family Detached Residential Condominium Subdivision, With One Custom Lot on 2.37 Acres, Within PGA West Palmer Private Course Area, at the Northeast Corner of Shoal Creek and Riviera RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: C- Adopt a Resolution of the City Council approving Tentative Tract Map 33015, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Proposed Tentative Tract Map 33015 is within PGA West - Specific Plan 83-002; the site location is shown on Attachment 1. The Specific Plan was originally approved for 5,000 units; subsequent Amendments to the Plan now allow for 3,936 residential units. There are approximately 2,450 existing residential units within the Specific Plan area. The subject property was previously subdivided as part of several tracts, the last being Tract. 29125, approved in 1999 and subsequently recorded, but never constructed. Tract 29125 consists of nine single-family residential lots and one custom home lot. Street and utility improvements have not been completed under Tract 29125. Project Request Tentative Tract Map 33015, as depicted in Attachment 2, proposes to re -subdivide the approved Tract 29125 into a one -lot condominium map, retaining the approved unit S:\CityMgr\STAFF REPORTS ONLY\PH 3 TT33015.doc 498 count and unit types for the site. The applicant has indicated that the HOA now will not allow the units to be built as detached individual lots. Therefore, the applicant has filed the tentative tract map to establish one common lot for the original nine units, in lieu of the original proposed for the nine individual lots. Lot 2 will be retained as a separate custom single-family residence. The total acreage involved in this request is 2.37 acres. Lot 1 will be developed with the Laurels unit design (2,294 s.f. to 2,353 s.f.) previously approved for Tract 29125 under Site Development Permit 99-643. The only significant difference between this map and the existing approval is the change to condominium ownership. Planning Commission Action The Planning Commission, at its April 26, 2005 meeting, recommended approval of the tentative condominium map. At the public hearing, testimony was given by the developer in regards to the rationale for the map, project design and concept. No one else spoke on this item. The minutes of the April 26 Planning Commission meeting are included as Attachment 3. The Planning Commission deleted Conditions 16.E and 34.A.1.a, relating to the requirement for a meandering sidewalk along the Avenue 54 frontage, as a meandering design is not contemplated for this roadway as a local street. FINDINGS AND ALTERNATIVES: Findings necessary to approve the subdivision can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving Tentative Tract Map 33015, subject to Findings and Conditions of Approval; or 2. Do not adopt said Resolution of the City Council, approving Tentative Tract 33015; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas I Evans493 Community Development Director 02 P:\Reports - CC\2005\5-17-05\TT 33015\ccrptTT33015.doc Approved for submission by: Thomas P. Genovese City Manager Attachments: 1. Location Map 2. Tentative Tract 33015 3. Minutes of the 4/26/05 Planning Commission meeting S:\CityMgr\STAFF REPORTS ONLY\PH 3 TT33015.doc C(5p8) ATTACHMENT #1� � v � n tI cn 52ND. I AVE 53R0. I AVE VICINITY MAP N.s n RECOMMENDED FOR APPROVAL r17 SEAL � 20 ATTACHMENT kh INN re I a d d L W F N COUNCIL/RDA MEETING DATE: December 20, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Amended Subdivision Improvement Agreement for Tract Map No. 33015, The Laurels, Riviera Villas, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Amended Subdivision Improvement Agreement (ASIA) for Tract Map No. 33015, The Laurels, Riviera Villas, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 33015 is located south of Avenue 54 and west of Jefferson Street (Attachment 1). This condominium development will consist of 2 numbered lots on approximately 2.37 acres (Attachment 2). On May 17, 2005, the City Council approved Tentative Tract Map No. 33015. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the ASIA (Attachment 3) has been executed by the developer and the associated surety rider, which appends the bonds from Tract Map No. 29125, has been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. ( a� 4 As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and ASIA. The approval is contingent upon receipt within 30 days (January 19, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Amended Subdivision Improvement Agreement for Tract Map No. 33015, The Laurels, Riviera Villas, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Amended Subdivision Improvement Agreement for Tract Map No. 33015, The Laurels, Riviera Villas, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. J asson,'P.E. Public Works Director/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 2 ATTACHMENT 1S 30�1NOlN 00 m 0 Q 0 1S NOSI UM F- 0 0 Q a- dDd NOSY3333P o- W 5 w i— V) CL <Q L 9 Z U SA ATTACHMENT 2 k511 a TE p gy � qE i hi i ge � b ■ � b ��$ �]�€y h � C3 kh. MTN g��g = 8 uim� O fKui f 6 fit hl dt Ri Or 0�- I L rc h 490 lilt O 0�2 i}f¢ ii{h k Y1� i'14' R i@ 0 ;S q � pC @ a � ? i Th 1 1}&l} S}�4,r �i5b�t 44 pyy EC i�� jj 0 �-It � - i I gm W R 5 R}i;ge It LF S?9 mW3 r I �i��e�b� , ig � "�{ 1 i41'll ;.IIaI A NV it le let LrA lilt - p h k ill y} r ry y�aBb 8} t Ha it c" 01 0 7 b V a . •� r°F d � �s U ■ @I tE E c3€ ' Laow,j firr.,rmsl Coonf, Cix.,rnusl I wof,3Legg xizms R I s I = 1 � t I I �$� 2 / Ko I b1ibl+ 1 •`�ri. 8 � ' 2 tFat- 1 ,L �i2` I ■ g I I OIL I �n < UOC�9 < a 1 Isla I i giq�ryEin r IC KU�Ibl= p to h v> I n 1 mi B E & �i eg V J�foUZ WI rrr hl� I $ mom � .p j.l nlw n > I W 1fg ��[�F_ � I I oc I � � S� •� W L..f �.o o I wve, .oroe, .ao.e .. .v.•ozaw Cwsrl Carl O asrJi6 las.0 ic», c"L T'� Lfrz,t n'i,rl.f.z,sq L...■r�u'd(..■c.I 1VOHS _ nm d I °� z �Id y eat eat � 6 � � r r WZA I � MEMORANDUM TO: June Greek, City Clerk FROM: k�,- Anthony Colarossi, Associate Engineer VIA: imothy R. Jonasson, Public Works Director/City Engineer DATE: December 21, 2005 RE: Final Map for TM 33015, The Laurels On December 20, 2005, the City Council adopted a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 33015, Riviera Villas, LLC. I am transferring to you the Final Map, ASIAs, and Surety Rider for you to perform the following tasks: 1. Sign and process the Onsite Amended Subdivision Improvement Agreements 2. Keep the following Surety Rider: for Performance and Labor Bond No. 203400 Surety Company: American Contractors Indemnity Company 3. Sign and return the Final Map If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\COLAROSSI\TRANSMITS\City Clerk\Final Maps Sending\laurels 33015 final map.DOC 1 of 2 American Contractors Indemnity Company 9841 AIRPORT BLVD., 9 TH FLOOR • LOS ANGELES, CA 90045 (310) 649-0990 Date: 11/11/05 OBLIGEE: OB LA QUINTA CITY PUBLIC WORKS/ ENGINEER (CA) 78-495 CALLE TAMPICO LA QUINTA, CA 92253 J SURETY RIDER To be attached to and form a part of SUB DIVISION , No. 203400 , Lic. No. n/a Type of Bond In favor of LA QUINTA CITY PUBLIC WORKS/ENGINEER (CA) Obligee On behalf of FIRST PACIFICA DEVELOPMENT CORP. Principal For valuable consideration, receipt of which is acknowledged, surety hereby gives its consent to change: changing the covered Tract Map No. as per obligees request FROM: Tract Map No. 29125 TO: Tract Map No. 33015 To be effective November 11, 2005 Principal ' FIRST PACIFICA DEVELOPMENT CORP 300 EAST STATE STREET, SUITE 100 REDLANDS, CA 92373 L 7 J a�►�as � �©� s Producer BENCHMARK COMMERCIAL INSURANCE 617 SAXONY PLACE, STE. 101 ENCINITAS, CA 92024 J I 4431 B09M American Contractors Indemnity Company 9841 Airport Blvd., 9" Eloor Los Angeles, ACaliforms 90045 III III ATT01WRY KNOW ALL MEN BY THESE PRESENTS: That AmemmiCoft. Indemn, State of California_ as California corporation, does hereby appoint, Cbrrine Brown of San Diego, California its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and otl*�06117 wts_=z�___�_ . 1. "1 ;Ill. I I of indemnity and w, *t' 19 the nature thereof, issued in the course of its business and to bind the -Company thereby, in an Will I ej�� '000,600.00********** This Power of Attorney shall expire without further action on March Ito exc 1* This Power of Attorney is granted and is signed and sealed by facsimile -under -and byViemdHhority=-qn- he followin- &-TIMsolutren adopted by the Board of Directors of AMERIGINN 01110NIT11 EMN=C0MPANYWa miming duty called and held on the 6h day of �111' 1� IIII IRACTORSIND December, 1990. 111# �� �111411 l, "RESOLVED that the Chief Executive Officer President or any Vice President, Executive ice President, Secretary or-&-sistaffrSecretary, shall have- th power and autharity IIII bl 11a--Co mpany thereto, �_point Att yIl , qUh- d to authorize them to execute on behalf of the Company, and attach the seal of the C bonds and undertakings, contracts of indemnity and other writings obligatory in the nature4heaMCand, 2. To remove, at any time, any such Atto ney 'n-Fact and revokc4he authority given. VED FURTHER, that the signatures Of s uch officers and the seal of the Company may be affixed to any such Power of Attorney or certificate rUb Si ling thereto by facsimile, and any such Power of Attorney or certificate bearing such fa i 'I i or jacsiraile seal shall be valid and binding .IIIF, g a " 11, I If 7ji, s , , 1 611 be valid and binding upon the Company upon the Company and any such power so executed and"rtifiqAW Wignature� c 1I II II1�. 'F awim in thef _s ect to my uture-with re Wa0W ww%�g to which iUs 4UMM' N WITNESS WHEREOF Mmemo drCMractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15th day of December, 2003. -TRA-W;.-W-�SNWEMTqITY C P INCORPORATED =y -.7 sEn26jM Roberti Aomas, Chief Executive Officer LOS ANGEE-E § On this 15'h day of December 2003, before me, Deborah Reese, a -notary public, personally appeared Robert F. Thomas, Chief Executive 11 , Officer of American Contractors D-16 p, in personally known to be the individual, and officer described herein, and acknovda S �11 11, I'l 61�'j i ,,,,y, to me affixed the seal of said corporation thereto by authority of his office. Ills ent and aff WITNM m�anTin_d official seal. Cam mUm 1406149 Notary Public - calfornia 12 is Los Angeles county YONotarysion expires March 18, 2007 My Comm. Expires Mar 1 8,20071 111,1 1, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certi�rthat the Power of Attorney and th resolution adopted t ,11rctors of said Company as set forih above, are true and correet-transcripts thereof and that neither cUWmer of A 4tion have been revoked and they a' e now in full force and effect. V13" MKII WTMSS HEREOF, I have hereunto set my hand this 11TH day ofNOVEMBER .2005 /n Pond o. 203400 e`ann)e J.'Kim, Coorate Secretary Agency No. #9003 Rev. POAl2/15/03 ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 11-11-05 (DATE) personally appeared before me, CORRINE BROWN F3 personally known to me - OR - CARLA M. ALLEN Commission # 1477711 Notary Public - C01ifomi0 OMV San Diego County Comm. Expires Mar 20, 2008 CARLA M. ALLEN, NOTARY PUBLIC (NOTARY) SIGNER(S) ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand njoicial seal. NOTAR 'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) x] ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTn'Y(IES) AMERICAN CONTRACTORS INDEMNITY COMPANY SURETY BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER m m L RIGHT THUMBPRINT n OF E SIGNER a a APA 5/99 VALLEY -SIERRA, 800-362-3369 BOND NO. 203400 PREMIUM: $5,413.00 SUBDIVISION IMPROVEMENTS Tract Map No. 29125 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 29125 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and FIRST PACIFICA DEVELOPMENT CORP hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated MARCH 5, 2004 , and identified as Tract Map No. 29125 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and AMERICAN CONTRACTORS INDEMNITY COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of TWO HUNDRED SEVENTY THOUSAMSIXHUNDRED FORTY DOLLARS ($ 270, 640. 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 executed by the principal and surety above named, on MARCH 17 , 2M . FIRST PACIFICA DEVELOPMENT CORP Principal (Seal) Signature of Principal Title of Signatory AMERICAN CONT CTO�S INDEMNITY COMPANY (Seal) Signature of Surety CARLA M. ALLEN, ATTORNEY -IN -FACT Title of Signatory 1081 CAMINO DEL RIO SOUTH, #107 SAN DIEGO, CA 92108 Address of Surety 619-297-2900 Phone # of Surety CARLA M. ALLEN Contact Person For Surety F201 - Performance Bond Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sc-(n On Mat [-h 1 r P,00 -( before me, qm m Uk Q— G k V0-C\ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared 't> Name(s) of Signer(s) TAMW GAITAN Commissions 14"M7 Le H*HV III - Caaonfo San Bernardo County My Comm. Expires Jan 30, [personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(-9} whose name(} is/are subscribed to the within instrument and acknowledged to me that he/94e/therexecuted the same in his/t+,-etheir- authorized capacity(ies}, and that by his/hm/their signature(,) on the instrument the person(,); or the entity upon behalf of which the person(s� acted, executed the instrument. WITNESS my hand and official seal. Signature of Py6ta Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ption of Attached Document Title or Type of`3Qcument: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 71 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 3/17/04 Date personally appeared before me, RECENAH WHITE, NOTARY PUBLIC , Name and Title of Officer (e g..'Jane Doe, Notary Public) CARLA M. ALLEN Names) of Signer(s) personally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RECENAH WHITE S; COMM. #1377489 N WITNESS m hand and official seal. rn w�.v o NOTARY PUBLIC CALIFORNIA N y =� �• SAN DIEGO COUNTY My Comm. ixp. SEPTEMBER 30, 2006 Signature or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUr;18PRINTI OF SIGNER Top of 1humb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association - 8236 Remmot Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Cal TON -Free 1-800-676-6627 ` M American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 09-2 6 61 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, Carla M. Allen Its true and lawful Attomey(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 $ ***1,861 000 00 Dollars" . This Power of Attorney shall expire without further action on September 27, 2005. 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 6th 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 To appoint A ttorney(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 President on the 28th day of February, 2003. ��QpCTOkr AMERICAN CONTRACTORS INDEMNITY COMPANY s INCORPORATED u, SEPT.26,1"0 -~c \ By. CgI�A� Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 28th day of February, 2003 before me, Norma J. Virgilio, 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. NORMA J. VIRGILIO WITNESS my hand and official seal Commission # 1322310 Z Notary Public - California Los Angeles County Norma J. Virgilio, Notalf MYCanm E*mSep 27.2W5 I, JAMES H. FERGUSON, 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 17TH day of Bond No. 203-400_ Agency No. H 9003 MARCH 1200 4 �JAMES H. FERGUSONWCorporate Secretary rev. POA04/20/01 BOND NO. 203400 PREMIUM: INCLUDED SUBDIVISION IMPROVEMENTS Tract Map No. 29125 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. 29125 , 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 FIRST PACIFICA DEVELOPMENT CORP hereinafter designated as "the principal" have entered into an agreement whereby the rincipal agrees to install and complete certain designated public improvements, which agreement, dated&� 5 , 2004 , and identified as Tract Map No. 29125 , 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 ofTWO HUNDRED FIVE SIX HUNDRED EIGHTY- EIGHT DOLLARS ($ 205, 688.00 ), 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 MARCH 17 2004. FIRST PACIFICA DEVELOPMENT CORP Principal (Seal) LL Signature of Principal Title of Signatory AMEKCAN CONT CTQRS INDEMNITY COMPANY 7�' (Seal)Ll� L�' Signature of Surety I CARLA M. ALLEN, ATTORNEY -IN -FACT Title of Signatory 1081 CAMINO DEL RIO SOUTH, #107 SAN DIEGO, CA 92108 Address of Surety 619-297-2900 Phone # of Surety CARLA M. ALLEN Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 5—~(\ 22cg: t>g:�, c d r, C) U On �S C�h 1`�. ��oLl before me, C-3c. % �n Date Name and Title of OlPcer (e.g., "Jane Doe, Notary Public") personally appeared - (--� \ U , Name(s) of Signer(s) MMMY GA AN —ire Commission #E 14"727 Notary Pubft - Califomla San Bem ildino Count2y00� My Comm. E)ow Jon 30. personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/sWtl�+ey executed the same in his/her/thek- authorized capacity(iesr), and that by his/twf/thr& signature(s) on the instrument the person, or the entity upon behalf of which the person(s)- acted, executed the instrument. WITESS my hand and official seal. c��-k Signature of ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description ttached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 3/17/04 before me, RECENAH WHITE , NOTARY PUBLIC , Date Name and Title of Ofter (e g.. 'Jane Doe. Notary Pubho7 personally appeared CARLA M. ALLEN Name(s) 01 Signer(s) id personally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ,Ea °°rti RECENAH WHITE executed the instrument. COMM. #1377489 w ��. o NOTARY PUBLIC-CALIFORNIA 2 =''c�. s SAN DIEGO COUNTY ti WITNESS my hand and official seal. 111,211 My Comm. fixp. SEPTEMBER 30, 2006 .� Signature of Notary Public OPTIONAL Though the information below is not required by taw, 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: 1 Individual Corporate Officer Title(s): Partner — O Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THI111 PRINT OF SIGNER 0 1995 National Notary Association • 8236 Rerrwmt Ave., P.O. Box 7184 -Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 09-2 6 6 2 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, Carla M. Allen Its true and lawful Attomey(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,R63,000.00 nollarc***• This Power of Attorney shall expire without further action on September 27, 2005. 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 6th 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 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, 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 President on the 28th day of February, 2003. `o��QpCTO��yo AMERICAN CONTRACTORS INDEMNITY COMPANY s INCORPORATED z SEPT. 26, IM o By: \Cqt Robert F. Thomas, Chief Executive Officer STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 28th day of February, 2003 before me, Norma J. Virgilio, 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. NORMA J, VIRGILIO WITNESS my hand and official seal Commissions 13223t0 i Notary Public - California zf Los Angeles County Norma J. Virgilio, Notar i MyCorrm,ExpirasSep 27,2006 I, JAMES H. FERGUSON, 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 17TH day of Bond No. 203400 ' ' • � • 6�!ilIlx MARCH , 200 4 JAMES i-I.IFIERGUSONYCorporate Secretary rev. POA04r20101