KSL/Madison Imp & Others 99CITY of LA QUINTA
IMPROVEMENT AGREEMENT
THIS IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _� day of
Feb ✓,4Q t Z , 19 199 , by and between KSL Desert Resorts, Inc., a Delaware Corporation, hereinafter
referred to a "Developer," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A. Developer is the owner of the property subject to the provisions of Specific Plan 90-015 ("SP 90-015")
which is proposed for development as an 18-hole golf course resort and residential community, and which lies
adjacent to Airport Boulevard between Madison Street and Monroe Street in the City of La Quinta.
B. SP 90-015 obligates the Developer to secure the cost of on -site and off -site improvements to Madison
Street, Airport Boulevard and Monroe Street, as well as the cost of various traffic signal and perimeter
improvements (the "Improvements") within and adjacent to the SP 90-015 area prior to the first development
approval or permit.
C. The Developer proposes to begin development of the SP 90-015 area through mass grading operations
which require issuance of a grading permit from the City of La Quinta Public Works Department.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Developer shall furnish original improvement plans meeting the requirements of the
City Engineer which show installation of the Improvements.
2. Improvements. Developer shall construct the Improvements as required to be constructed or agreed to
be constructed under this Agreement as defined in Exhibit "A", and shall bear the full cost thereof. The methods,
standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
3. Isnorovement Security.
A. One class of security to be provided by Developer, hereinafter referred to as "performance security
shall assure the faithful performance of this Agreement including construction of the Improvements, payment
Developer's fair share of Improvements which have been or will be constructed by others ("Participat(
Improvements"), and payment of plan check and permit fees. A second class of security to be provided
Developer, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipm
and materials supplied to construct the Improvements. A third class of security to be provided by Develo
hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements f
period of one year following the completion and acceptance of the Improvements. Developer shall fu,
performance and payment security per the security schedule identified on Exhibit A attached hereto and ms
part hereof. Developer shall provide warranty security after Improvements are complete and accepted by th,
Council and prior to or concurrently with the final release of performance security. Warranty security shall 1
required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation S
for 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 v
security, and in addition to the face amount of each such security, each such security shall include and as
payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred t;
successfully enforcing the obligations thereby secured, including engineering design if the improvement pl
not complete at the time this agreement was made.
B. Improvement security shall conform with Section 66499 of the California Government Coc
or more of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's
2) Surety bonds, of the form specified in subsection 66499.2 of the California Govern
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version)
«rt Resorts, Inc. • SP 90-015
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 "R-2" or better on the Investment Data 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 until released by City. Letters of credit shall guarantee that all or any portion of the funds 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.
C. 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 set forth in Exhibit A.
D. At the time of submittal of security, Developer shall pay to City administrative fees applicable to the
form of security provided. Administrative fees shall apply to the proposed development rather than to individual
security instruments. The fees shall be paid separately for each different form and/or source (surety or financial
institution) of security initially submitted and for substitution of securities but shall not be required for submittal of
warranty security if the warranty security is of the same form and from 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.B., which require the establishment of evidence of the reliability of the surety or financial institution,
the administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, 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 Developer, or until Developer pays to City the estimated cost of the Participatory Improvements, and shall
guarantee the reimbursement by Developer of Developer's share of the cost of the Participatory Improvements.
Payment security and warranty security shall not be required for Participatory Improvements.
Upon written demand from City, Developer shall deposit cash with City in lieu of or in replacement of security
guaranteeing Participatory Improvements. If Developer fails to deposit said cash within 30 days of the date of the
written demand from City, City may present a written demand to Developer's Surety for payment of said cash and
Developer's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including
non-payment of premiums, modifications 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.
G. Security shall be released in the following manner:
1) Performance 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 City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Developer. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall security
KSL Desert Resorts, Inc. - SP 90-015 Page 2 of 5
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) Participatory Improvement security shall be released upon payment by Developer of Developer'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) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of the 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
Developer has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Developer shall obtain all permits required
for that phase of work and pay all required fees. Work performed under 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 of real property not owned by Developer or City, Developer shall use its best efforts
to purchase such real property at a reasonable price. In the event that Developer is unsuccessful, despite its best
efforts, to acquire such real property at a reasonable price, Developer may request in writing that City attempt to
acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf
of Developer. If City so agrees, City and Developer shall enter into a separate written agreement in a form
acceptable to the City Attorney. Said separate agreement shall provide that Developer 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 Developer. Any additional funds required for acquisition of the real property shall
be paid by Developer to City upon the conveyance of said real property to Developer. In no event shall the failure
of Developer or City to acquire such real property excuse, waive, or otherwise terminate Developer's obligation to
construct the applicable improvement pursuant to this Agreement or the Conditions of Approval for Specific Plan
90-015, Amendment #1, approved December 1, 1998, (the "Conditions of Approval").
6. Completion of Improvements. Developer shall cause construction of the Improvements required to be
constructed by the Conditions of Approval (approved December 1, 1998) to be completed prior to the opening of
any permanent access drive into the SP 90-015 area. Portions of the Improvements may be completed at a later
date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Developer 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 Developer 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 -r-espouse-to changes in standards -or. conditions affecting or
affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Developer's
obligations hereunder.
7. Force Maieure. In the event that Developer is unable to perform within the time limits herein due to strikes,
act of God, or other events beyond Developer's control, the time limits for obligations affected by such events will
be extended by the period of such events.
8. Time Extension. Developer may make application in writing to the City Council for 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, Developer 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 the performance of and payment for Improvements that remain incomplete at the time of the extension,
and to provide warranty security on completed Improvements.
KSL Desert Resorts, Inc. - SP 90.015 Page 3 of 5
9. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Developer shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Developer'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
documentation and will inspect the Improvements. If 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 Developer has provided revised plans as required in
Paragraph 10, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
10. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer,
Developer shall make any necessary revisions to the original plans held by City so the pians 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.
11. Release of Security. City shall retain and release securities in accordance with the provisions of Section
3 of this agreement.
12. City Right to Cure. If Developer 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
Developer 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.
13. Indemnification. Developer 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 Developer's performance
herein under, including costs of suit and reasonable attorneys' fees.
14. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision
of the Conditions of Approval. In the event that any requirement or condition of this 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.
15. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
16. General Provisions
A. All 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.
KSL Desert Resorts, Inc. - SP 90-015 Page 4 of 5
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 attorneys' 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
A
DEVELOPER:
By:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
-P /-? --
Date
KSL Desert Resorts, Inc.
Post Office Box 659.
La Quinta, CA 92253
(760) 564-1088
I
Da
Date
Title:
Z / 2-3 f c}
Reviewed and Approved: /
CI y Engineer Date
Approved as to Form:
City Attorney
69110-S-19 �
Date
KSL Desert Resorts, Inc. - SP 90-015 Page 5 of 5
STATE OF CALIFORNIA ►
n ss.
COUNTY OF �
On - % - , before me, S u, �'� kA A14 1
Name, Titre, e.g., °Jane Doe, Nolfary Public"
personally appeared A-6 y-
personally known to me -- OR --
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/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.
Witness my hand and official seal.
OPTIONAL
Though the data below are not required by law, the information may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER:
❑ Individual
t� Corporate Officer:
❑ Partner(s): ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Mm'd 1 N��
.. `:
Number of Pages
Date ot Document
SIGNERS
(Other than named above)
Exhibit A
SECURITY - SPECIFIC PLAN 90-015
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
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, Developer 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 may be
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.
In addition to the two partial releases allowed hereinabove, Developer may request a reduction for not more than
twenty-five percent (25%) of the performance and payment securities which were subject to a thirty-five percent
(35%) contingency at the time of the approval of this Agreement, such that the overall contingencies on the
construction estimates for the Improvements is not less than ten percent (10%).
Labor & materials security shall remain in place until 90 days after all required improvements are complete and
accepted by the City Council.
Improvement Description
Performance
Labor & Material§
Madison Street Improvements -
$686,715 ✓
$686,715
East % Ultimate Right of Way Improvements ana
Perimeter Improvements
Airport Boulevard Improvements - West Half
$1,047,352
$1,047,352
North '/z Ultimate Right of Way Improvements,
Perimeter Improvements and Median Landscaping
Airport Boulevard Improvements - East Half
$1,006,919
$1,006,919
North '/z Ultimate Right of Way Improvements,
Perimeter Improvements
Monroe Street Improvements -
$714,272
$714,272
West Y2 Ultimate Right of Way Improvements,
Perimeter Improvements
Perimeter Walls -- Northerly Property Line
$348,705 ✓
$348,705 ✓
Traffic Signal Improvements (Participatory):
Madison St. & Airport Blvd. (25% share)
$31,250 ✓
$0
Madison St. & Main Entry (100% share)
$125,000 '
$0
Airport Blvd. & Main Entry (100% share)
$125,000
$0
Monroe St. & Airport Blvd. (25% share)
$31,250 ✓
$0
Landscaped Median Improvements (Participatory):
Airport Blvd. -- East '/z mile (50% share)
$183,546
$0
Monroe Street (50% share)
$128,261
_$0
Totals:
$4,428,270
$3,803,963
c9a,, 4 XPQuura
MEMORANDUM
TO: Saundra 7uhola, City Clerk
FROM: Marcus Fuller, Assistant Engineer I
DATE: February 23, 1999
RE: Specific Plan 90-015, The "Norman Course"
Improvement Agreement and Security
Pursuant to City Council's approval of the Improvement Agreement for Specific Plan 90-015 at the
February 2, 1999, City Council meeting, please find the following items for approval, signature, and
execution:
1. Improvement Agreements for Specific Plan 90-015
2. Subdivision Improvement Performance Bond, Bond No. 814013S; $686,715
3. Subdivision Improvement Payment Bond, Bond No. 814013S; $686,715
4. Certificate of Reinsurance, No. 138
5. Subdivision Improvement Performance Bond, Bond No. 814014S; $1,047,352
6. Subdivision Improvement Payment Bond, Bond No.814014S; $1,047,352
7. Certificate of Reinsurance, No. 139
8. Subdivision Improvement Performance Bond, Bond No. 814015S; $1,006,919
9. Subdivision Improvement Payment Bond, Bond No.814015S; $1,006,919
10. Certificate of Reinsurance, No. 140
11. Subdivision Improvement Performance Bond, Bond No. 814016S; $714,272
12. Subdivision Improvement Payment Bond, Bond No. 814016S; $714,272
13. Certificate of Reinsurance, No. 141
14. Subdivision Improvement Performance Bond, Bond No. 814017S; $348,705
15. Subdivision Improvement Payment Bond, Bond No.814017S; $348,705
16. Subdivision Improvement Performance Bond, Bond No. 814018S; $31,250
17. Subdivision Improvement Performance Bond, Bond No. 814019S; $125,000
18. Subdivision Improvement Performance Bond, Bond No. 814020S; $125,000
19. Subdivision Improvement Performance Bond, Bond No. 814021 S; $31,250
20. Subdivision Improvement Performance Bond, Bond No. 814022S; $183,546
21. Subdivision Improvement Performance Bond, Bond No. 814023S; $128,261
Please forward approved copies of the Agreement for our records. Any questions, please call.
K:\PWDEPnSTAFF\FULLER\MEMOS\1999\990223a.wpd
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
MADISON STREET IMPROVEMENTS - EAST 1/4 ULTIMATE RIGHT
OF WAY IMVKVVtMtN I J ANU F'CKIMt I tK IMt KUVCMtN 1.7
Executed in One (1) Original
Bond 814013 S
Initial Premium $ 6,867.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts. Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Six Hundred Eighty Six
Thousand, Seven Hundred Fifteen and No/100 dollars ($686,715.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS, INC.
Principal
DEVELOPERS INSURANCE COMPANY
B �"LV I f / J / L&-KJW "
Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON ► / a , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
---- --------
LUIS GARCIA
Commission T 1147593 Z
Nc cry Public California
Riverside County
My Camm. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
MADISON STREET IMPROVEMENTS - EAST 1/4 ULTIMATE RIGHT
OF WAY IMPROVEMENTS AND PEKIMt I tK IMF'
Executed in One (1) Original
Bond 814013 S
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to
tale 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Six Hundred Eighty SixThousand, Seven
Hundred Fifteen and No/100 dollars ($686,715.00), for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said 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 such 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 Jan 27, 1999.
KSL DESERT RESORTS, INC. DEVELOPERS INSURANCE COMPANY
Principal f! B 02
—Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON I l a -) , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUIS GARCIA
Commission # 1147593 Z
No-, Cry Public - California >
Riverside County
My Con,m. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
I POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY A'
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 N 0 093060
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
P.
P
U41 0,
By V By
Dan F. Vincenti, Jr. Dante ' incenti, Jr.
President GOMPPorpF P sident Qy\NSURgIc
i OCt 5 o T ATTEST _ MAR. 27
y 1967 a U) 1979 y
IF
By * By
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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.
WITNESS my hand and official seal.
~ MERIE L. BBJ
00101.0111909
Signature 16WTffiyP=-C&M-1A
ORMIN COUNTY
b1p Comm. E* 0K 12, 2000
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 27 day of January 199 9
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
yG P O 4p v l,J/' Q�Q� Op o 4r n
BY i ? OCT. 5 T BY _ MAR. 27 O
William T. Sharer 1967 William T. Sherer 1979
Vice President °y, !! N�Pi Vice President y° IF ~
ID-313 REV. (2/98)
CERTIFICATE OF REINSURANCE NO. lag
SCHEDULE OF REINSURANCE
REINSURANCE
TREATY REINSURANCE
PERCENTAGE OF PARTICIPATION
American Re -Insurance Company
555 College Road East, P.O. Box 5241
13.6%
Princeton, NJ 08543
Employers Reinsurance Corporation
P.O. Box 2991
8.7%
Overland Park, KS 66201-1391
NAC Reinsurance Corporation
One Greenwich Plaza, P.O. Box 2568
4.9%
Greenwich, CT 06836-2568
Whereby a percentage participation (shown above) of the liability assumed by
Developers Insurance Company under the below -described bond(s) is
reinsured by one or more of the reinsurance companies shown in the Schedule of Reinsurance:
PRINCIPAL: KSL Desert Resorts. Inc.
ADDRESS:_ 56-140 PGA Blvd.. La Quinta. CA 92253
OBLIGEE: City of La Quinta, California
BOND NO: 814013S
BOND AMOUNT: $ 686,715.00 EFFECTIVE DATE: January 27, 1999
COVERING: Madison Street Improvements —East Y4 Ultimate Right of Way Improvements and
Perimeter Improvements
Subject to the terms of said agreement.
IN WITNESS WHEREOF, we have issued this Certificate this 27th day of January , 19 99
AMERICAN REINSURANCE COMPA Y EMPLOYERS RE -INSURANCE C RPORATION
BY:_� BY:
William T. Sherer, Attorne -in-Fact William T. Sherer, Attorney -in -Fact _
NAC REINSURANCE CORRPPORATIsd
BY:
William T. Sherer, Attorney -in -Fact
Issuance of the foregoing certificate creates no direct obligation on the part of any reinsurer, shown in
the Schedule of Reinsurance to any third party, including but not limited to the obligee or obligoes under
the above -described bond or bonds, nor does issuance of such certificate create any direct right or action
by any third party, including but not limited to the principal and/or obligee under the above -described
bond or bonds, against any reinsurance company.
MSOFFICE\MIILER\CERTIFICATE. RNS
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Gary Peterson, William T. Sherer, David L. Miller, Dante F. Vincenti Jr.,
Gregg N. Okura
its true and lawful Attorney .. s . -in-Fact, at ....Irvine.......California
............................ m the State of .............................................
each .... of them , , alone ..... to have full power to act without the other or others,
to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or
undertaking so made, executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of
Unlimited Unlimited )
........................................................................................ Dollars($ ...... I........
Such bonds and undertakings for said purposes, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975, a copy of which appears below.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is
authorized to act) of June.. Q......................................................................................... .)w .2001
In Witness Whereof, AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereunto
18th
ifuTy�authorized, and its corporate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this ....... ................
day of . ' !'..... =June , 1998..... , at Princeton, N.J.
(Corporate Seal)
AMERICAN RE -INSURANCE COMPANY
Attest..................................�......................... By ......................................................
Robert K. Burgess, Secretary George C. Barone, Vice -President
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
On the.'-.:, :'> 18 th .day of .... 3une................................................. . 19 98 , before me personally came ..........
a
...;....................................Geor�.... ..C. ....Barone............................................... . to
m n w n u sworn,
a know who being y m e duly ,
did depose and say that he -resides in Princeton Junction, New Jersey n
.. ........ .......... ... ... ,
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of
said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the BO�Directors of said Corporation, and that
he signed his name thereto by like order. �l l�Pltlrkgv.
(NotariI" ial Seal) ,.,...................................................................
Linda Newman, Notary Public
CERTIFICATE
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
The undersigned..........................................Robert K. Burgess ............................................................. hereby certifies:
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and correct copy of said original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be, and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attorneys -in -fact as deemed by
him necessary or desirable for the purpose of carrying on this Company's business, and to empower such agent or agents or attorney or attorneys -in -fact to execute
and deliver, in this Company's name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertakings made in the
course of this Company's insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating or cancelling contracts or undertakings so made, or approving or consenting to the modification, alteration or assignment of
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive
Commiteee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of Company, to be valid and binding upon the
Company with the ,same force and effect as though manually affixed."
-�. ,S..tt a 0dersigned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said
griginal tesolutions.,.as so recorded and of the whole thereof.
Witness the hand of the undersigned and the seal of said Corporation this ................. 27....................................... day of
DELAN%ARE F O 2
99 �aG .
—% = Ta??UdYY ............... . 19 ............... . .
................
< fCorporate Seal) Robert K. Burgess, Secretary
.. "�
*.....'
GP 0026 Rev. 4/95 A.W.Y. • 4/95 2780 ID
POWER OF ATTORNEY
EMPLOYERS REINSURANCE CORPORATION
Overland Park, KS. 66201
KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS REINSURANCE CORPORATION, pursuant to
§3 (d) and §4 of Article V, of the Bylaws of said Corporation, which read as follows:
§3. POWERS AND DUTIES OF THE PRESIDENT. - The President may:
(d) appoint attorneys in fact to do and perform all acts delegated to such attorneys to do and perform in
accordance Kith the power of attorneys by which such appointment shall be made; -
§4. POWERS AND DUTIES OF EXECUTIVE VICE PRESIDENTS AND VICE PRESIDENTS. Each Executive
Vice President and each Vice President may perform the duties and exercise the powers of the President specified
in subparagraphs (a), (b), (c), (d), (e) and (f) of §3 of this Article V, -
and pursuant to the powers and duties assigned to Second Vice Presidents and Assistant Vice Presidents by the President, does
hereby nominate, constitute, and appoint William T. Sherer or Gary Peterson or David L. Miller or Dante F.
Vincenti, Jr. Or Gregg N. Okura of Irvine,
its true and lawful agent and Attorney -in -Fact, to make, execute, seal, and deliver for and on its behalf and as its act and deed:
any bond, obligation, modification, supplemental agreement or change order in co -suretyship with INDEMNITY
COMPANY OF CALIFORNIA and/or DEVELOPERS INSURANCE COMPANY, both of Irvine, California,
and/or DEVELOPERS SURETY AND INDEMNITY COMPANY, of West Des Moines, Iowa, whether or not
there are other
and the execution of such bond, obligation, or undertaking in pursuance of these presents, shall be as binding upon said
Corporation, as fully and amply, to all intents and purposes, as if said bond, obligation, or undertaking had been duly executed
and acknowledged by the regularly elected officers of the said Corporation at its office in Overland Park, Kansas, in their own
proper persons.
IN WITNJW P;,JEMPLOYERS REINSURANCE CORPORATION has caused these presents to be signed by its
Second Vi,�l'` �y, of Julv. , 1998.
ATTESrR �k14" EMPLOYERS REINSURANCE CORPORATION
By Zr!s�ident�
r Second
(SEAL) `•.y .•:� ACKNOWLEDGMENT
STATE 01' 9;••••••}ss���
COUNTY OF'sq �,15 ,�.++
�11hern+16i�
On this 13th, day of July, A.D. 1998 before me, appeared the above -named Second Vice President of the EMPLOYERS
REINSURANCE CORPORATION, to me personally known, who being by me duly sworn, did say that he is a Second Vice
President of the EMPLOYERS REINSURANCE CORPORATION, and that the seal affixed to the foregoing instrument is the
corporate seal of said Corporation and that said instrument was signed and sealed in behalf of said Corporation.
IN WITNESS WHE1�6F'I lime J rgr'Nto set my hand and affixed my notarial seal at my office in Overland Park; Kansas,
the day and year last abo��atten.••••'••.�,
.\jti' NOTARY •:Q '����''
(seal) • PUBLIC
t My Appt. Exp. o Public v�zthin and for said County and State.
My commission expires N 'Member 26 20Q3.
.........•Q %----------- CERTIFICATION --
r�OFKPr
I, David A. Lewis, Assi'YhHtMice President of EMPLOYERS REINSURANCE CORPORATION, do hereby certify that
the foregoing is a full and true copy of a Power of Attorney granted by EMPLOYERS REINSURANCE CORPORATION and
that said Power of Attorney has not been revoked.
Given under my hand and seal of said Corporation at Overland Park, Kansas,
this 27th day of January
G
Assistant Vice President
NAC REINSURANCE CORPORATION No. N-39-205
POWER OF ATTORNEY
t alu At Aen bg these 3pt eselnts; that NAC REINSURANCE CORPORATION, a New York corporation (the "Corporation"), with offices at One Greenwich Plaza, Greenwich,
Connecticut, 0683 , has made, constituted and appointed, and by these presents, does make, constitute and appoint
Dante F. Vincenti, Jr., William T. Sherer, Gary R. Peterson, David L. Miller, Gregg N. Okura
its true and-lawful"Attomey(s) in Fact, at ..Irvine in the State of California and each of them to have full power to act without the other or
...... .
others, to make .e)*ute and deliver on its behalf, as Surety or Co -Surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensionsi jgreetnents, weivsrs,.consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
the Cotpordtidn`fdr'any,portio4if the penal sum thereof in excess of the sum of
iveon .............. ...... ......................... ............ ....... Dollars ($ . 5. 000 000 ......... I ........... ).
Sgch bonds d Ael lhgs for ski purposes, when duly executed by said Attorney(s)-In-Fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of
th"drlporation-pd(Ae , corporaiesea) attested by its Corporate Secretary.
This apppdiotn'O'RI 1s�ade�under and -by authority of certain resolutions adopted by the Board of Directors of the Corporation at meeting duly called and held on the 13th day of March, 1995, a copy
of whici► appears beloui-under the heading entitled "Certificate."
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
September 18, 1997 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,
1995, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any
such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to
which it is attached.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is authorized to act),
.. June 30......... I ...... I .........19 99...
IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ..7;* ... day of.... Ju1Y..........
19 ..90. , at Greenwich, Connecticut.
(Corporate Seal)
URAN CORP TIO
ATTE , ` u�'�'
' Second' ce' Pre'sident ...6��RE
' ura' A." " " "Vice' President
EI�TATjf ss: Greenwich
RFIELD}
7th..... day of.. J. y ................ 19 98 before me personally came.................................................................... .
Jura. A .. to me known, who being by me duly sworn, did depose and say that (s)he resides in
Y. ................................ that (s)he is a ..Vice-president................ of NAC REINSURANCE CORPORATION,
the c qf(Iui ich executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order ors of said corporation, and that (s)he signed his(her) name thereto by like order.
(Notarial Seal) lla-r-
OiWno ... I .................o ... 'Public
li , II Ntaryc
CERTIFICATE GABRIEL G. CARINO III
STATE OF CONNECTICUT ss: Greenwich NOTARY PUBLIC
COUNTY OF FAIRFIELD MY COMM. EXPIRES OCT 31.1999
Cathy A. Hauck Second Vice President of NAC R1 INSURANCE CORPORATION,
.............................the ............. ......
a New Yor"rporatioh,(the Corporation"), hereby certify: Associate General Counsel
1. That th dtginaj1-,powern� attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has
cornper d theI-A io 6iopy tlrer ot`'with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
P. a resolutions Whlbh were adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,1995, which resolutions have not since been revoked,
TM folio
emended od`d. _
''RESOLVED, tflat'each of the individualsnamed below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in Surety or
Co -Surety lvittlYrtflels:
Stanley J. Koff Laura A. Shanahan Douglas M. Rofrano Mary A. Roddy
and
RESOLVED, FURTHER, that each of the individuals named above is authorized to appoint Attorneys -in -Fact for the purpose of making, executing, sealing and delivering bonds, undertakings or
obligations in Surety or Co -Surety for and on behalf of the Corporation."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ..... 27�..... day of ..........Janlaarr 19.99
(Corporate Seal)
Cathy ck
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
AIF7 ou BOULEVARD IMPROVEMENTS - WEST HALF NORTH 1/2 ULTIMATE
RIGHT OF WAY IMPROVEMEN 1 S, PERIMATEK IMPKUVEMEN I S AND MEUTAN LANUSGAPINU
Executed in One (1) Original
Bond 814014 S
Initial Premium $10,474.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts. Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Million Forty Seven
Thousand, Three Hundred Fifty Two and No/100 dollars ($1,047,352.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS, INC. DEVELOPERS INSURANCE COMPANY
Principal
�fA A -AA r' D Be M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON —A a 7 , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUlb G7 CIA
{ Ca^ mission # 1147593
A
Nc°aryPublic - CaliforniaRiverside County
h'y Comm. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE ##0684503
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
AIRPORT BOULEVARD IMPROVEMENTS - WEST HALF NORTH 1/2 ULTIMATE
K1UH 1 01- WAY IMF'KUVtMtN I b, F'tKIMA I tK IMF'KUVtMtN 15 ANU MtUTAN LANUSI:AF'INU
Executed in One (1) Original
Bond 814014 S
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts. Inc.. (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015, is hereby referred to and made a part hereof, and
Whereas, Under the terms of said agreement, 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million, Forty Seven Thousand,
Three Hundred Fifty Two and No/100 dollars ($1,047,352.00), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that said 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 such 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 Jan 27, 1999.
KSL DESERT RESORTS, INC.
Principal
DEVELOPERS INSURANCE COMPANY
Bye �---�.y►� r �1 l �
Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON I Q -� , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribed to the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LU1 S GARCIA
Commission T 1147593
Nc-cry Public - Cclifornio Z
Rive s;de County
y Cc.mm. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
CERTIFICATE OF REINSURANCE NO.___!"
SCHEDULE OF REINSURANCE
REINSURANCE
TREATY REINSURANCE
PERCENTAGE OF PARTICIPATION
American Re -Insurance Company
555 College Road East, P.O. Box 5241
26%
Princeton, NJ 08543
Employers Reinsurance Corporation
P.O. Box 2991
16.7%
Overland Park, KS 66201-1391
NAC Reinsurance Corporation
One Greenwich Plaza, P.O. Box 2568
9.4%
Greenwich, CT 06836-2568
Whereby a percentage participation (shown above) of the liability assumed by
Developers Insurance Company under the below -described bond(s) is
reinsured by one or more of the reinsurance companies shown in the Schedule of Reinsurance:
PRINCIPAL:_ KSL Desert Resorts. Inc.
ADDRESS: 56-140 PGA Blvd., La Quinta, CA 92253
OBLIGEE:_ City of La Quinta, California
BOND NO: 814014S
BOND AMOUNT: $ 1,047,352.00 EFFECTIVE DATE: January 27. 1999
COVERING: Airport Blvd. Improvements—WW st_half North % Ultimate Riaht of Wav Improvements.
Perimeter Immovemen
Subject to the terms of said agreement.
IN WITNESS WHEREOF, we have issued this Certificate this 27th day of January _, 19_99 .
AMERICAN REINSURANCE COMP.O.NY
BY: -L
William T. Sharer, Attorney -in -Fact
EMPLOYERS RE-INSURANCJE CORPORATION
William T. Sharer, Attorney-in-Fac.
NAC 7'1e�
RANCE CORPO ATI
BY: r _
William T. Sharer, Attorney -in -Fact
Issuance of the foregoing certificate creates no direct obligation on the part of any reinsures shown in
the Schedule of Reinsurance to any third party, including but not limited to the obligee or obrigees under
the above -described bond or bonds, nor does issuance of such certificate create any direct right or action
by any third party, including but not limited to the principal and/or obligee under the above -described
bond or bonds, against any reinsurance company.
NISOFFICE\NMLLER\CERTIFICATE. RN S
--.,..A AJV J -vt'Y POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Gary Peterson, William T. Sherer, David L. Miller, Dante F. Vincenti Jr.,
Gregg N. Okura
its true and lawful Attorney .. s . -in-Fact, at Irvine California
........................................... m the State ot.............................................
each .... of them • •alone .. , ... to have full power to act without the other or others,
to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or
undertaking so made, executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of
Unlimited Unlimited
......... ................. ............................................................................... I... Dollars ($ ...................... ).
Such bonds and undertakings for said purposes, when duly executed by said Attorneys) -in -Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975. a copy of which appears below.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorneys) -in -Fact is
authonzed'to act) of June • 30......................................................................................... . 2001
In Witness Wheteof, AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereunto
duTyauthorized, and its corporate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this ...... .
iiay of .... i .'. ) = ffurie .... , 1998...... , at Princeton, N.J.
(Corpo(ate Seal)
AMERICAN RE -INSURANCE COMPANY
Attest ..... '..... ..... �`s-� ................ By ......... .�..yli .. t(� . � ........... .
Robert K. Burgess, Secretary George C. Barone, Vice -President
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
18th • • • • June 98
On the` day of 19 ... , before me personally came ..........
.................... , ..I....................................................... , to me known, who being by me duly sworn,
George C. Barone
Princeton Junction, New Jersey
:d+d depose and say that heresidesin............................................................
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of
said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that
he signed his name IN by like order. ��)
(Notarial Seal)
Linda Newman, Notary Public
CERTIFICATE
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
g Robert K. Burgess • • • • . • • • ., hereby certifies:
The undersigned ................... ........
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and correct copy of said original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be, and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attorneys -in -fact as deemed by
him necessary or desirable for the purpose of carrying on this Company's business, and to empower such agent or agents or attorney or attorneys -in -fact to execute
and deliver, in this Company's name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertakings made in the
course of this Company's insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating or cancelling contracts or undertakings so made, or approving or consenting to the modification, alteration or assignment of
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive
Commiteee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of Company, to be valid and binding upon the
Company with the "same force and effect as though manually affixed."
' ttie tl ,dersigned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said
prigmal iesolutions..as s4 recorded and of the whole thereof.
•` Witness the. hand of the undersigned and the seal of said Corporation this ................. 2%t11 ......................... day of
a 1917 = ` �06
;Corporate Seal) Robert K. Burgess, Secretary
GP 0026 Rev. 4/95 A.W.Y. • 4/95 2780 ID
POWER OF ATTORNEY
EMPLOYERS REINSURANCE CORPORATION
Overland Park, KS 66201
KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS REINSURANCE CORPORATION, pursuant to
§3 (d) and §4 of Article V, of the Bylaws of said Corporation, which read as follows:
§3. POWERS AND DUTIES OF THE PRESIDENT. - The President may:
(d) appoint attorneys in fact to do and perform all acts delegated to such attorneys to do and perform in
accordance with the power of attorneys by which such appointment shall be made; -
§4. POWERS AND DUTIES OF EXECUTIVE VICE PRESIDENTS AND VICE PRESIDENTS. Each Executive
Vice President and each Vice President may perform the duties and exercise the powers of the President specified
in subparagraphs (a), (b), (c), (d), (e) and (f) of §3 of this Article V, -
and pursuant to the powers and duties assigned to Second Vice Presidents and Assistant Vice Presidents by the President, does
hereby nominate, constitute, and appoint William T. Sherer or Gary Peterson or David L. Miller or Dante F.
Vincenti, Jr. Or Gregg N. Okura of Irvine,
its true and lawful agent and Attorney -in -Fact, to make, execute, seal, and deliver for and on its behalf and as its act and deed:
any bond, obligation, modification, supplemental agreement or change order in co -suretyship with INDEMNITY
COMPANY OF CALIFORNIA and/or DEVELOPERS INSURANCE COMPANY, both of Irvine, California,
and/or DEVELOPERS SURETY AND INDEMNITY COMPANY, of West Des Moines, Iowa, whether or not
there are other
and the execution of such bond, obligation, or undertaking in pursuance of these presents, shall be as binding upon said
Corporation, as fully and amply, to all intents and purposes, as if said bond, obligation, or undertaking had been duly executed
and acknowledged by the regularly elected officers of the said Corporation at its office in Overland Park, Kansas, in their own
proper persons.
IN WfTN
Second Vice .1
ATTES•r
,,EMPLOYERS REINSURANCE CORPORATION has caused these presents to be signed by its
of July ,1998.
EMPL0YERSREINSUR4NCE CORPORATION
Jt��r� f Secon�ice President
(SEAL) •••��*,.�' ACKNOWLEDGMENT
STATE
9.
COUNTY O>SQ ,
�rr,rrrnn�ri•�y
On this 13th, day of July A.D. 1998 before me, appeared the above -named Second Vice President of the EMPLOYERS
REINSURANCE CORPORATION, to me personally known, who being by me duly sworn, did say that he is a Second Vice
President of the EMPLOYERS REINSURANCE CORPORATION, and that the seal affixed to the foregoing instrument is the
corporate seal of said Corporation and that said instrument was signed and sealed in behalf of said Corporation.
IN WITNESS WHE 1%uere'iis��o set my hand and affixed my notarial seal at my office in Overland Park, Kansas,
the day and year last abo� en ...�•• .0:Op,��
v NOTARY ' :Q
(Seal) z PUBLIC '
My Appt. Exp. 10 Public within and for said County and State.
My commission expires November 26, 20%
' ��',� '•••...•.•' \5 °.�-------- CERTIFICATION --
I, David A. Lewis. Assisf 4iVftG President of EMPLOYERS REINSURANCE CORPORATION, do hereby certify that
the foregoing is a full and true copy of a Power of Attorney granted by EMPLOYERS REINSURANCE CORPORATION and
that said Power of Attorney has not been revoked.
P004,;t I
1 / F
Given under my hand and seal of said Corporation at Overland Park, Kansas,
this 27th day of January , 19_99 .
Assistant Vice President
NAC REINSURANCE CORPORATION No. N-39-204
POWER OF ATTORNEY
l atu All ��+p4p`en hg these Presents: that NAC REINSURANCE CORPORATION, a New York corporation (the "Corporation"), with offices at One Greenwich Plaza, Greenwich,
Connecticut, 06836, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Dante F. Vincenti, Jr., William T. Sherer, Gary B. Peterson, David L. Miller, Gregg N. 0kura
its true and lawful Attomey(s)-in-Fact, at . ,Irvine California and each of them to have full power to act without the other or
................. m the State of ........... .
others, to make.execrte and deliver on its behalf, as Surety or Co -Surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions,'agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
the Qvrooration`,for ahy portion o he, penal sum thereof in excess of the sum of
�.. .. Dollars 000 000
t v pn 5a a
Sycb bonds d tit a kifi~gs torj,s purposes, when duly executed by said Attorney(s)-In-Fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of
thefolrporationvnf corporafe°seal attested by its Corporate Secretary.
This ap�ppointment is -'Wade under,and by authority of certain resolutions adopted by the Board of Directors of the Corporation at meeting duly called and held on the 13th day of March, 1995, a copy
of wt.;appears below under the heading entitled "Certificate."
This Powet ot-Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
September 18, 1997 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,
1995, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any
such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to
which it is attached.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is authorized to act),
June. 30......................... .1s 99...
IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ..?th ... day of.... Ju1y..........
19 ..90. , at Greenwich, Connecticut.
(Corporate Seal)
6;NAC RE URAN CDR TIO
gRFIE�Ll)
,wvaa 'ma ;Second' ce' president ... . ... ...... Vice . president.............
�TTjt�y ss: Greenwich
''iF„
t
7th. . day of.. 3. Y......... I ....... 19 98 before me personally came.................................................................... .
J#pra Ate, ....... to me known, who being by me duly sworn, did depose and say that (s)he resides in
y. . ................................. that (s)he is a ..Vice. President................ of NAC REINSURANCE CORPORATION,
the cn, ich executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order ors of said corporation, and that (s)he signed his(her) name thereto by like order.
A
(Notarial Seal) ... .. ..... � .... .
Gabr�. Carino ...III .............Nota Public
a rY
CERTIFICATE GABRIEL G. CARINO III
STATE OF CONNECTICUT ss: Greenwich NOTARY PUBLIC
COUNTY OF FAIRFIELD MY COMM. EXPIRES OCT 31,1999
Cathy A. Hauck Second Vice President of NAC REINSURANCE CORPORATION,
.......................................................................the..................................
a New York corpolaiion (the."Corporation"), hereby certify: Associate General Counsel
of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has
with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. Tie ollow(ng are r ` lotions which were adopted by the Board of Directors of the Corporation at a meeting duty called and held on March 13,1995, which resolutions have not since been revoked,
amend or ihndtffed
"RE$DLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in Surety or
Stanley J. Kott Laura A. Shanahan Douglas M. Rofrano Mary A. Roddy
and
RESOLVED, FURTHER, that each of the individuals named above is authorized to appoint Attorneys -in -Fact for the purpose of making, executing, sealing and delivering bonds, undertakings or
obligations in Surety or Co -Surety for and on behalf of the Corporation."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ...... ?7�4.... day of ......... q�rY .............. I .............. 119.99
(Corporate Seal)
Cathy ck
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
AIRPORT BOULEVARD IMPROVEMENTS - EAST HALF, NORTH 112 ULTIMATE
KIGH I OF WAY IMPKUVtMtN 15, FtKIMt I tK
in One (1) Original
Bond 814015 S
Initial Premium $10,069.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts. Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Million, Six
Thousand Nine Hundred Nineteen and No/100 dollars ($1,006,919.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorneys fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS, INC.
Principal
DEVELOPERS INSURANCE COMPANY
Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON I I a 7 , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
/ lUls mGARCI
Comission T 1147593
No'.cry Public California z
77
Riverside County
My COMM. Expires Ju120, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
AIRPORT BOULEVARD IMPROVEMENTS - EAST HALF, NORTH 1/2 ULTIMATE
KI(H I UI- WAY IM1JKUVtMt=N I5, 1-tKIMt I tK IM1-KUVtMtN 1
Executed in One (1) Original
Bond 814015 S
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, matenalmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million, Six Thousand, Nine
Hundred Nineteen and No/100 dollars ($1,006,919.00), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said 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 such 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 Jan 27, 1999.
KSL DESERT RESORTS, INCK
Principal
DEVELOPERS INSURANCE COMPANY
ra.�l>•a Ri!t>■2=A11W/1 k"r
Diane M. Nielsen, Att6rney-in-Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON L , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
�i LUIS GARCIA
Commission 1147593 Z
Z N'=ry Public - California
Z ' Ri verside County
ill pip
N,y CG^nm. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 N- 093059
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attomey(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorey(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By UAMal By V
Dan F. Vincenti, Jr. Dante . mcenti, Jr.
President ptIPANYOc P sident SµaSURgH
,O P Oqq�
9 Q
2' ? OCT. 5 F� T ATTEST _ MAR. 27
m 1967 y > 1979 0
Oy <� P Pa2 O IF
By * ey
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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.
WITNESS my hand and official seal.
SHERlE L. BELL
00W. 91119419
Signatureopmwcom
My Clot A E* Du.12, 2=
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 27 day of January 199 9
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
` OMPANYO� C` - �aaSURgN
�G P O q�
v� a a n
3y z` —`' OCT. 5 c T By MAR. 27
William T. Sharer �y 1967 i William T. Sherer ; 1979
Vice President may, t�F N '+2 Vice President
)-313 REV. (2/98)
CERTIFICATE OF REINSURANCE
NO. 4
SCHEDULE OF REINSURANCE
REINSURANCE
TREATY REINSURANCE
PERCENTAGE OF PARTICIPATION
American Re -Insurance Company
555 College Road East, P.O. Box 5241
25.2%
Princeton, NJ 08543
Employers Reinsurance Corporation
P.O. Box 2991
16.1 %
Overland Park, KS 66201-1391
NAC Reinsurance Corporation
One Greenwich Plaza, P.O. Box 2568
9.0%
Greenwich, CT 06836-2568
Whereby a percentage participation (shown above) of the liability assumed by
Developers Insurance Company under the below -described bond(s) is
reinsured by one or more of the reinsurance companies shown in the Schedule of Reinsurance:
PRINCIPAL: KSL Desert Resorts. Inc.
ADDRESS: 56-140 PGA Blvd., La Quinta, CA 92253
OBLIGEE:_ City of La Quinta. California
BOND NO: 814015S
BOND AMOUNT:_ $ 1,006,919.00 EFFECTIVE DATE: January 27. 1999
COVERING:—AirDort Blvd. Imo ovements-East half North % Ultimate Risaht of Wav Improvements.
Perimeter Immovemen
Subject to the terms of said agreement.
IN WITNESS WHEREOF, we have issued this Certificate this 27th day of January _ , 1999.
AMERICAN PEINSURANCE COMPANY
BY:
William T. Sherer, Attorney -in -Fact
EMPLOYERS RE-INSURANCWC,0:1:R ORATION
BY:
c
William T. Sherer, Attorney -in -Fact
NAC REINSURANCE CORPORATION
BY:
William T. Sherer, Attorney -in -Fact
Issuance of the foregoing certificate creates no direct obligation on the part of any reinsurer shown in
the Schedule of Reinsurance to any third party, including but not limited to the obligee or obligees under
the above -described bond or bonds, nor does issuance of such certificate create any direct right or action
by any third party, including but not limited to the principal and/or obligee under the above -described
bond or bonds, against any reinsurance company.
MSOFFICEIMILLEMCERTIFICATEANS
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Gary Peterson, William T. Sherer, David D. Miller, Dante F. Vincenti Jr.,
Gregg N. Okura
its true and lawful Attorney .. 3 . -in-Fact, at Irvine ....... in the State of , . California
........ ......... I ....... I .............
each .... of them , , alone .... to have full power to act without the other or others,
to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or
undertaking so made, executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of
Unlimited Unlimited
............................................................................................................. Dollars($ ...................... ).
Such bonds and undertakings for said purposes, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975, a copy of which appears below.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is
authorized to actj of}:-.,, .....June , 30......................................................................................... . . 2001
In Witness Whereof, AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereunto
18th
Duly authorized, and its corporate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this ....... ................. .
lay of .... i`.!? .\ .. — June 1998..... , at Princeton, N.J.
(Corporate Seal) —
AMERICAN RE -INSURANCE COMPANY
Robert K. Burgess, Secretary George C. Barone,Vice-President
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
On tf+e` t..;, 18th . day of .... June .................................................. . 19 98. , before me personally came ..........
s �- George C. Barone ....................... .....................................................oma known, who being mad u sworn
,
did depose and say that he resides in ......... Princeton Junction, New Jersey
....... .. .. ...... ....
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of
said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that
he signed his name thereto by like order. �
(Notarial Seal)
...................................................................
Linda Newman, Notary Public
CERTIFICATE
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
The undersigned Robert K. Burgess
g ........ ... hereby certifies:
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and correct copy of said original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be, and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attorneys -in -fact as deemed by
him necessary or desirable for the purpose of carrying on this Company's business, and to empower such agent or agents or attorney or attorneys -in -fact to execute
and deliver, in this Company's name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertakings made in the
course of this Company's insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating or cancelling contracts or undertakings so made, or approving or consenting to the modification, alteration or assignment of
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive
Commiteee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed."
5..'._.°flie undersigned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said
prig<naI resolutions.,as §o recorded and of the whole thereof.
r ` Witness the.hand of the undersigned and the seal of said Corporation this ................. 27?....................................... day of
DEW%ARE C
ARE
.....a ..... ? ` ...January ............... . 1s 99. a�ic � �C t'.................
'• F: (Corporate Seal) Robert K. Burgess, Secretary
x
GP 0026 Rev. 4/95 A.W.Y. • 4/95 2780 ID
POWER OF ATTORNEY
EMPLOYERS REINSURANCE CORPORATION
Overland Park, KS. 66201
KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS REINSURANCE CORPORATION, pursuant to
§3 (d) and §4 of Article V, of the Bylaws of said Corporation, which read as follows:
§3. POWERS AND DUTIES OF THE PRESIDENT. - The President may:
(d) appoint attorneys in fact to do and perform all acts delegated to such attorneys to do and perform in
accordance with the power of attorneys by which such appointment shall be made; -
§4. POWERS AND DUTIES OF EXECUTIVE VICE PRESIDENTS AND VICE PRESIDENTS. Each Executive
Vice President and each Vice President may perform the duties and exercise the powers of the President specified
in subparagraphs (a), (b), (c), (d), (e) and (f) of §3 of this Article V, -
and pursuant to the powers and duties assigned to Second Vice Presidents and Assistant Vice Presidents by the President, does
hereby nominate, constitute, and appoint William T. Sherer or Gary Peterson or David L. Miller or Dante F.
Vincenti, Jr. Or Gregg N. Okura of Irvine,
its true and lawful agent and Attorney -in -Fact, to make, execute, seal, and deliver for and on its behalf and as its act and deed:
any bond, obligation, modification, supplemental agreement or change order in co -suretyship with INDEMNITY
COMPANY OF CALIFORNIA and/or DEVELOPERS INSURANCE COMPANY, both of Irvine, California,
and/or DEVELOPERS SURETY AND INDEMNITY COMPANY, of West Des Moines, Iowa, whether or not
there are other
and the execution of such bond, obligation, or undertaking in pursuance of these presents, shall be as binding upon said
Corporation, as fully and amply, to all intents and purposes, as if said bond, obligation, or undertaking had been duly executed
and acknowledged by the regularly elected officers of the said Corporation at its office in Overland Park, Kansas, in their own
proper persons.
IN WITN;
Second Vi�s"pr+t
g
ATTEST' tc4 •
A .
prG
LOVERS REINSURANCE CORPORATION has caused these presents to be signed by its
Of July, 1998.
EMPLOYERS REINSURANCE CORPORATION
By
JC• A�s�tr Second ice President
(SEAL) er •• ACKNOWLEDGMENT
STATE Off9;•••••'f �ss��4•`•
COUNTY OM�,15�•`
�r►►rrcrer�iray
On this 13th, day of July. A.D. 1998 before me, appeared the above -named Second Vice President of the EMPLOYERS
REINSURANCE CORPORATION, to me personally known, who being by me duly sworn, did say that he is a Second Vice
President of the EMPLOYERS REINSURANCE CORPORATION, and that the seal affixed to the foregoing instrument is the
corporate seal of said Corporation and that said instrument was signed and sealed in behalf of said Corporation.
IN WITNESS WHET F� I liar a re6vto set my hand and affixed my notarial seal at my office in Overland Park, Kansas,
the day and year last abake�i ' en.� •• ;0,�'%
� :� NOTARY` —
(seal) - PUBLIC
My Appt. Exp. 140 Public within and for said County and State.
My commission expires November 26. 2OQ4
•.......••°�5�$---------- CERTIFICATION --
0FY\
I, David A. Lewis. Assisf' i'Vice,President of EMPLOYERS REINSURANCE CORPORATION, do hereby certify that
the foregoing is a full and true copy of a Power of Attorney granted by EMPLOYERS REINSURANCE CORPORATION and
that said Power of Attorney has not been revoked.
Given under my hand and seal of said Corporation at Overland Park, Kansas,
this 27th day of January , 19_99
Assistant Vice President
NAC REINSURANCE CORPORATION No. N-39-207
POWER OF ATTORNEY
nafu all Arn hg treat presents: that NAC REINSURANCE CORPORATION, a New York corporation (the "Corporation"), with offices at One Greenwich Plaza, Greenwich,
Connecticut, 0683 , has made, constituted and appointed, and by these presents, does make, constitute and appoint
Dante F. Vincenti, Jr., William T. Sherer, Gary B. Peterson, David L. Miller, Gregg N. Okura
its true and, lawful Attorney(s)-in-Fact, at . Irvine ................. in the State of . ,California . , .. , and each of them to have full power to act without the other or
others, to rnake,,i xecutii and deliver on its behalf, as Surety or Co -Surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions, agreetne(its, waivers consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
ow Corporation°torpenal sum thereof in excess of the sum of
f-,,Five: 1 on . ` - - Douars(g .51000,000 )
S bonds �affldd 6i ert lings for{said purposes, when duly executed by said Attorney(s)-In-Fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of
the orporation under is corporate*� attested by its Corporate Secretary,
This appointment js aoade`under'and,,6y authority of certain resolutions adopted by the Board of Directors of the Corporation at meeting duly called and held on the 13th day of March, 1995, a copy
of whidt'appears below wider the heading entitled "Certificate."
This Power of Attorney..isstned and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
September 18, 1997 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to Certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,
1995, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any
such power of attorney or certificate bearing such facsimile signature or seat shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to
which it is attached.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is authorized to act),
June 30......................... . 19 99...
IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ..7th ... day of ..... Ju1Y. , ..... , , ,
19 ..90. , at Greenwich, Connecticut.
(Corporate Seal
/} NAC RE URAN CORP TIO
Necond ce' president' ura' A." `Bice 'Pie 'stdetat' ""
ETTss: Greenwich
RFIELD ,t- r
7th..... day of.. J. Y................ . 19 98 before me personally came.................................................................... .
4ur8 A ....... to me known, who being by me duly sworn, did depose and say that (s)he resides in
y. W ................................ that (s)he is a..Vice..President................ of NAC REINSURANCE CORPORATION,
the c ich executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order ors of said corporation, and that (s)he signed his(her) name thereto by like order.
p
(Notarial Seal) V .... ............................... .
GabiW el G. Carino, III Notary Public
CERTIFICATE GABRIEL G. CARINO III
STATE OF CONNECTICUT ss: Greenwich NOTARY PUBLIC
COUNTY OF FAIRFIELD MY COMM. EXPIRES OCT 31,1999
Cathy A. Hauck Second Vice President of NAC REINSURANCE CORPORATION,
I,... ... .... .................................................the............................ I...........
a New York corpofaiTdif-(the Corporation"), hereby certify: Associate General Counsel
1. T'hat th �igina pt}weF of a prnty of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has
corhpared,t*fid+egd"y *gfootvith the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. the following rgltions which were adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,1995, which resolutions have not since been revoked,
amended or m$d�d.,
'RESOLVED, that each of toe mo", als` named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in Surety or
Cd-Surer with atf►ers:
Stanley J. Koff Laura A. Shanahan Douglas M. Rofrano Mary A. Roddy
and
RESOLVED, FURTHER, that each of the individuals named above is authorized to appoint Attorneys -in -Fact for the purpose of making, executing, sealing and delivering bonds, undertakings or
obligations in Surety or Co -Surety for and on behalf of the Corporation."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ... 27th ....... day of ........... Janlaar� t9 99
(Corporate Seal)
Cathy
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
MONROE STREET IMPROVEMENTS - WEST 1/2 ULTIMATE RIGHT
OF WAY IMPKOVEMEN 15, PtKIMt I tK IMPKUVtMLN 15
Executed in One (1) Original
Bond 814016 S
Initial Premium $ 7,143.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts. Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to fumish a bond for the faithful performance of
said agreement.
Now, therefore, we, the principal and DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Seven Hundred
Fourteen Thousand, Two Hundred Seventy Two and No/100 dollars ($714,272.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS, INC.V
-. f Principal
DEVELOPERS INSURANCE'COMPANY
"'6iane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON-2 t a D ,1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the erson(s) whose name(s) is/are sub-
scribedpto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUIS GARCIA
Commission 1147593
Z Nc-ary Public - California
Riverside County
M,y Comm. Expires Jul 20, 2U01
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
MONROE STREET IMPROVEMENTS - WEST 1/2 ULTIMATE RIGHT
OF WAY IMPKWLMLN 16, F'LKIM
Executed in One (1) Original
Bond 814016 S
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts. Inc., (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Seven Hundred Fourteen Thousand,
Two Hundred Seventy Two and No/100 dollars ($714,272.00), for materials furnished or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Act with respect to such work or labor, that said 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 such 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 Jan 27, 1999.
KSL DESERT RESORTS, INC. DEVELOP RS INSURANCE &MPAN'
• Principal
01
By
ne M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personallyknown to me (or proved to me
on the basis of satisfactory evidence) to
be the persons) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LU6 GARCIA
i` Cornmission T 1147593 z
Nc-cry Public - California >
z Y Riverside County
,tiny C; ,m. Expires Juil, 2701
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 No- 093058
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attomey(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By By— L
Danid•F. Vincenti, Jr. Dante incenti, Jr.
President ON?ANyQF P ident ttiSUgq
�, N
iG glic�� C�QOPP �tC��
i OCT. 5 0 . ATTEST o — MAR. 27
y 1967 a y 1979
2
Dy 1 �Pi�2 Ail-k-44W
y0 IF P !
By * By
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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,
WITNESS my hand and official seal.
"RIE L. BELL
001411
Signature . 9111909
MIA
O PM N Cmow"y
MY Comte. E* Oft 12, 2=
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
he foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
if said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate,
This Certificate is executed in the City of Irvine, California, this 2 7 day of January 199 9
VDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
(`���� ` p�1,PANYaF �`���L% •. C'tNSURgN
MAR. 27 0
William T. Sherer V 1967 William T. Sherer 1979 a
Vice President 0 r N�r�r� Vice President '0 1F
-313 REV. (2/98)
CERTIFICATE OF REINSURANCE
NO. 141
SCHEDULE OF REINSURANCE
REINSURANCE
TREATY REINSURANCE
PERCENTAGE OF PARTICIPATION
American Re -Insurance Company
555 College Road East, P.O. Box 5241
15.0%
Princeton, NJ 08543
Employers Reinsurance Corporation
P.O. Box 2991
9.6%
Overland Park, KS 66201-1391
NAC Reinsurance Corporation
One Greenwich Plaza, P.O. Box 2568
5.4%
Greenwich, CT 06836-2568
Whereby a percentage participation (shown above) of the liability assumed by
Developers Insurance Company under the below -described bond(s) is
reinsured by one or more of the reinsurance companies shown in the Schedule of Reinsurance:
PRINCIPAL: KSL Desert Resorts. Inc.
ADDRESS: 56-140 PGA Blvd., La Quinta, CA 92253
OBLIGEE: City of La Quinta. California
BOND NO: 814016S
BOND AMOUNT: $ 714,272.00 EFFECTIVE DATE: January 27, 1999
COVERING: Monroe Street Improvements —West _ 2-- Ultimate- Right of Way Improvements. Perimeter
Improvements
Subject to the terms of said agreement.
IN WITNESS WHEREOF, we have issued this Certificate this 27th day of January , 19_99
AMERICAN REINSURANCE
COK3PANY
BY: <
William T. Sherer, Attorney -in -Fact
EMPLOYERS RE-INSURANZC—PORATION
��
William T. Sherer, Attorney -in -Fact
NAC REINSURANCE CO�RPORATI N
I
BY:
William T. Sharer, Attorney -in -Fact
Issuance of the foregoing certificate creates no direct obligation on the part of any reinsurer shown in
the Schedule of Reinsurance to any third party, including but not limited to the obligee or obligees under
the above -described bond or bonds, nor does issuance of such certificate create any direct right or action
by any third party, including but not limited to the principal and/or obligee under the above -described
bond or bonds, against any reinsurance company.
MSOMCEIM UEMCERTIHCATEANS
CERTIFIED COPY POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 555 College Road
East, Princeton, N.J. 08543, has made, constituted and appointed, and by these presents, does make, constitute and appoint
Gary Peterson, William T. Sherer, David L. Miller, Dante F. Vincenti Jr.,
Gregg N. Okura
its true and lawful Attorney .. s . -in-Fact, at ....Irvine California
.................................. m the State of .............................................
each .... , of them . , alone .... to have full power to act without the other or others,
to make, execute and deliver on its behalf, as Surety or Co -surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or
undertaking so made, executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of
Unlimited Unlimited )
........................................................................................ Dollars($ .............
Such bonds and undertakings for said purposes, when duly executed by said Attorney(s)-in-Fact, shall be binding upon said Company as fully and to the
same extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the
27th day of August, 1975, a copy of which appears below.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorney(s)-in-Fact is
autho zed.tc act) 0,f".-..:..... June, 30.......................................................................................... .3W.2001
' In Witness Whereof, AMERICAN RE -INSURANCE COMPANY has caused these presents to be signed by its President or one of its Vice -Presidents thereunto
18
OuTy'authprized, ,and its corporate seal to be hereunto affixed and attested by its Secretary or one of its Assistant Secretaries, this ....... th ................ .
day Of ............ 'June 1998..... , at Princeton, N.J.
(Corporate Seal) _
AMERICAN RE -INSURANCE COMPANY
.............................Attest..............................................
Robert K. Burgess, Secretary George C. Barone, Vice -President
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
'On the ;'; .18th , day of ... , June ...... , 19 98. , before me personally came ..........
George C. Barone
............................................................ . to me known, who being by me duly sworn,
tdd depose and say that he -resides in ........................................... ton .Junction
New Jersey
that he is a Vice -President of AMERICAN RE -INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of
said Corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that
he signed his name thereto by like order. � �
(Notarial Seal) .................................Tdlo ..................................
Linda Newman, Notary Public
CERTIFICATE
STATE OF NEW JERSEY
COUNTY OF MIDDLESEX ss.:
The undersigned ........................ Robert K. Burgess
............................................................................... hereby certifies:
1. That the undersigned is Secretary or Assistant Secretary of AMERICAN RE -INSURANCE COMPANY, a corporation of the State of Delaware;
2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date, and has not
since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with said original power of attorney, and that the same is a
true and correct copy of said original power of attorney and of the whole thereof;
3. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Board of
Directors of said Corporation duly held on August 27, 1975, and has not since been revoked, amended or modified.
"RESOLVED that each of the following officers of this Company, namely, the President, the Executive Vice President, the Senior Vice Presidents, and the
Vice Presidents, be, and he hereby is, authorized, from time to time in his discretion, to appoint such agent or agents or attorney or attorneys -in -fact as deemed by
him necessary or desirable for the purpose of carrying on this Company's business, and to empower such agent or agents or attorney or attorneys -in -fact to execute
and deliver, in this Company's name and on its behalf, and under its seal or otherwise, bonds, obligations and recognizances, whether made by this Company as
surety thereon or otherwise, indemnity contracts, reinsurance treaties, contracts and certificates, and any and all other contracts and undertakings made in the
course of this Company's insurance and reinsurance business, and renewals, extensions, agreements, waivers, consents or stipulations renewing, extending,
amending, supplementing, reinstating or cancelling contracts or undertakings so made, or approving or consenting to the modification, alteration or assignment of
agreements or specifications referred to in contracts or undertakings so made."
4. That the original resolution of which the following is a copy was duly adopted at, and recorded in the minutes of, a regular meeting of the Executive
Commiteee of the Board of Directors of said Corporation duly held the first day of October, 1970, and has not since been revoked, amended or modified:
"Resolved, that the signature of any authorized officer of the Company and the Company seal may be affixed by facsimile to any power of attorney and
revocation of any power of attorney or certificate of either given for the execution of any surety bond, surety undertaking, or surety contract, such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal of Company, to be valid and binding upon the
Company with tho same force and effect as though manually affixed."
P ' Se u dersigned has compared the foregoing copies of said original resolutions as so recorded, and they are the same true and correct copies of said
or' 141'resolu dris as §o recorded and of the whole thereof.
Witness the hand of the undersigned and the seal of said Corporation this
DELA A ARE , C
z- 1917
JdnUd?Y ............... . 19 9 9
:i. ........... `. 2. ...
;jCorporate Seal)
................ 27th....................................... day of
Robert K. Burgess, Secretary
GP 0026 nev. 4/95 A.W.V. • 4/95 2780 ID
POWER OF ATTORNEY
EMPLOYERS REINSURANCE CORPORATION
Overland Park, KS. 66201
KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS REINSURANCE CORPORATION, pursuant to
§3 (d) and §4 of Article V, of the Bylaws of said Corporation, which read as follows:
§3. POWERS AND DUTIES OF THE PRESIDENT. - The President may:
(d) appoint attorneys in fact to do and perform all acts delegated to such attorneys to do and perform in
accordance with the power of attorneys by which such appointment shall be made; -
§4. POWERS AND DUTIES OF EXECUTIVE VICE PRESIDENTS AND VICE PRESIDENTS. Each Executive
Vice President and each Vice President may perform the duties and exercise the powers of the President specified
in subparagraphs (a), (b), (c), (d), (e) and (f) of §3 of this Article V, -
and pursuant to the powers and duties assigned to Second Vice Presidents and Assistant Vice Presidents by the President, does
hereby nominate, constitute, and appoint William T. Sherer or Gary Peterson or David L. Miller or Dante F.
Vincenti, Jr. Or Gregg N. Okura of Irvine,
its true and lawful agent and Attorney -in -Fact, to make, execute, seal, and deliver for and on its behalf and as its act and deed:
any bond, obligation, modification, supplemental agreement or change order in co -suretyship with INDEMNITY
COMPANY OF CALIFORNIA and/or DEVELOPERS INSURANCE COMPANY, both of Irvine, California,
and/or DEVELOPERS SURETY AND INDEMNITY COMPANY, of West Des Moines, Iowa, whether or not
there are other
and the execution of such bond, obligation, or undertaking in pursuance of these presents, shall be as binding upon said
Corporation, as fully and amply, to all intents and purposes, as if said bond, obligation, or undertaking had been duly executed
and acknowledged by the regularly elected officers of the said Corporation at its office in Overland Park, Kansas, in their own
proper persons.
IN WITT W µ P,,JEMPLOYERS REINSURANCE CORPORATION has caused these presents to be signed by its
Second Vi*� 61 of July. 1998.
ATTES')r' ��Q�%•••• ��4: EAIPLOYERSREINSURANCE CORPORATION
.J
By
Cr 6nd=2esitent�
(SEAL) - r ACKNOWLEDGMENT
STATE O>' g••••••��ss�s�•`•
COUNTY OF'In)
0"rr"t1rr"'~
On this 13th, day of July. A.D. 1998 before me, appeared the above -named Second Vice President of the EMPLOYERS
REINSURANCE CORPORATION, to me personally known, who being by me duly sworn, did say that he is a Second Vice
President of the EMPLOYERS REINSURANCE CORPORATION, and that the seal affixed to the foregoing instrument is the
corporate seal of said Corporation and that said instrument was signed and sealed in behalf of said Corporation.
trrrrr�,���
IN WITNESS WHE$ `lea aiNto set my hand and affixed my notarial seal at my office in Overland Park, Kansas,
the day and year last abd atten.• • 0,���.�
4 js • NOTARY:O
(seal) PUBLIC
My Appt. Exp. ; = o Public within and for said County and State.
My commission expires Notiember 26, 200,3.
a
.......•-------- =-------- CERTIFICATION ------
I, David A. Lewis. As'S"i atifI" President of EMPLOYERS REINSURANCE CORPORATION, do hereby certify that
the foregoing is a full and true copy of a Power of Attorney granted by EMPLOYERS REINSURANCE CORPORATION and
that said Power of Attorney has not been revoked.
Given under my hand and seal of said Corporation at Overland Park, Kansas,
this 27th day of January , 19 99
G
Assistant Vice President
NAC REINSURANCE CORPORATION NO. N-39-206
POWER OF ATTORNEY
�finvfv Al ffien Jig t4vot 11resextts: that NAG REINSURANCE CORPORATION, a New York corporation (the "Corporation"), with offices at One Greenwich Plaza, Greenwich,
Connecticut, 0683 , has made, constituted and appointed, and by these presents, does make, constitute and appoint
Dante F. Vincenti, Jr., William T. Sherer, Gary R. Peterson, David L. Miller, Gregg N. Okura
its true and lawful Attbmey(s)-in-Fact, at ..Irylme... I .. .. in the State of .. ��-ifornia.......... and each of them to have full power to act without the other or
others, to a(<e,.exeiale'an4 deliver on its behalf, as Surety or Co -Surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions; agreefnp winrets, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate
the Qor or tion'•fdr a Tsrnt o� R the penal sum thereof in excess of the sum of
f v ilelp
5,000,000 ............. Dollars($ ................ .... .......Spe¢ onds d hOs' firm i i purposes, when duly executed by said Attorney(s)-In-Fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of
the,00oration-Vq p4l corporate -seal attested by its Corporate Secretary.
This ap�ppdintnie'nf�s��lu�der and,6y authority of certain resolutions adopted by the Board of Directors of the Corporation at meeting duly called and held on the 13th day of March, 1995, a copy
of whid�appBars below -udder the heading entitled "Certificate."
This Power of Attorney, .is-srgned and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent on
September 18, 1997 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,
1995, the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any
such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to
which it is attached.
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said Attorneys) -in -Fact is authorized to act),
June. 30..........................19 99...
IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ..?tit ... day of.. , . July.. . , ... , . ,
19 ..90. , at Greenwich, Connecticut.
(Corporate Seal)
NAG URAN CORP T10
.�.
ATTE_ ", 'Sec�d�.-i' Ptesiderit urn A. ifice �re'si�ent'
ET ss: Greenwich
RFIELD �,..R, t_
.!tit. *. day of.. J. Y................ . 19 98 before me personally came.....................................................................
uYB Ate, . . . .. . . .. . ... . .. . ... . ......... . .. . . . . . . . .. . ....... . to me known, who being by me duly sworn, did depose and say that (s)he resides in
" • Y. that (s)he is a ..Vice. President ................ of NAG REINSURANCE CORPORATION,
the cIt ich executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by order ors of said corporation, and that (s)he signed his(her) name thereto by like order. n
7+
(Notarial Seal)
Gabr eM. Carino, III Notary Public
CERTIFICATE GABRIEL G. CARINO III
STATE OF CONNECTICUT ss: Greenwich NOTARY PUBLIC
COUNTY OF FAIRFIELD MY COMM. EXPIRES OCT 31.1999
Cathy A. Hauck Second Vice President of NAG REINSURANCE CORPORATION,
............. I..I....................................... ............... the ....... ....... ......
a New York corpofafibn'(the. Corporation"), hereby certify: Associate General Counsel
1. Thdt ttu drinatt rat�ftt rney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has
corfipa ed tfieVtxegbr1f�4*p " e (with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. Tkie fallov a�l tions Were adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 13,1995, which resolutions have not since been revoked,
amended or d d
"RESOLVED, that each"of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in Surety or
Co -Surety w*0hefs._
u�
Stanley J. Kott Laura A. Shanahan Douglas M. Rofrano Mary A. Roddy
and
RESOLVED, FURTHER, that each of the individuals named above is authorized to appoint Attorneys -in -Fact for the purpose of making, executing, sealing and delivering bonds, undertakings or
obligations in Surety or Co -Surety for and on behalf of the Corporation."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ..... �T. 4 ..... day of .........!7an�X..............................19.99
(Corporate Seal)
.................. ....... ... ............
Cathy . Hauck
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
F'tKIMt I&A WALLS -- NUK I NtKLY VKUNtK I Y LIM:
Executed in One (1) Original
Bond 814017 S
Initial Premium $ 3,487.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Three Hundred Forty
Eight Thousand, Seven Hundred Five and No/100 dollars ($348,705.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorneys fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS INC. DEVELOPERS INSURANCE COMPANY
P 'ncipal ByQ L & .LI ., M
l lane lM�.Niielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-044S
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON ! l a) , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUIS GARCIA
Commission # 1147593
NC`cry Public - California
Z ^ Riverside County
My C C-mm. Expires Ju4 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
PERIMETER WALLS -- NORTHERLY
Executed in One (1) Original
Bond 814017 S
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three Hundred Forty Eight Thousand,
Seven Hundred Five and No/100 dollars ($348,705.00), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said 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 such 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 Jan 27, 1999.
KSL DESERT RESORTS, INC. DEVELOPERS INSURANCE COMPANY
• Principal
BY L�(� M �U
,17� Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON 1 01 , 1999,
PERSONALLY APPEARED
BEFORE ME, LUIS GARCIA
DIANE ,M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUIS GARCIA
i'
Z =
Comrn'ssion# 1147593
Nc`cry Public - California
z '•'
Riverside County
My Ccmm, Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY �(
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 No- 093057
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By By 114UAS
Dan •F. Vincenti, Jr. Dante . Jr.
President (QNPANY�F P sident Q5\N�ORAgc
q 9 4� � 7f ��
O'T. 5 ° T ATTEST _ MAR. 27
2 1967 y � te79 v
IF P�p'�? IF
By * By
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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.
WITNESS my hand and official seal.
----------------------
~ SHERIE L. BELL
QOMM, a41119419
Signature 16M)TARYPUBM-C&MIA
Of COW A nr Oft 12, 2=
CERTIFICATE L J
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 27 day of January 199 9
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
91
HSUNRg
c�
By 2'? OCT.S c r By 7—j//Jzo�— �— MAR.27 0
William T. Sharer w 1967 William T. Sharer IL 979
Vice President °y iF N`��� Vice President 'o IF t
ID-313 REV. (2/98)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
TRAFFIC SIGNAL IMPROVEMENTS (PARTICIPATORY)
MAUISUN 51 . & AIMHUH I bLVU. (1J% 5H
Executed in One (1) Original
Bond 814018 S
Initial Premium $ 313.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of Thirty One Thousand,
Two Hundred Fifty and No1100 dollars ($31,250.00) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly
by these presents.
The condition of this obligation is such that if the above 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS, INC.
%, � — t , l _ Principal
DEVELOPERS INSURANCE COMPANY
By —
e M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-044�
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON l -) , 1999, BEFORE ME, LUIS GARCIA
PER ONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
-
LUIS GARCIA
Commission T 1147593
zNotary Public - California
�
\ Riverside County
My Comm, Expires .iul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY No- 093048
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorneys) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
Q
By V ByQaqincenti,
V
Dan 'F. Vincenti, Jr. DaJr.
PresidentPANydent 5\1�5URAy
Oqq� O
9� Q G ? OCT. s „ ATTEST _MAR 27 0
1967 0 uj�. 1979
By * By
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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/herRheir 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.
WITNESS my hand and official seal.
SHERIE L• BELL
00101.9111909
Signature WTMy1A1
COWE:0K 19, 2=
CERTIFICATE E101
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this -a - day of 199 T
INDEMNITY COMPANY OF CALIFORNIA EVELOPERS INSURANCE COMPANY
NPANYO 1NSUgq
1�CF'
/ 9 24.W-7 44 P
3y i OCT.5 �+ By=MAR. 27 0
William T. Sharer w 1967 William T. Sherer 1979 v
Vice President oy (IF Vice President 0 IF
Or
3-313 REV. (2/98)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
TRAFFIC SIGNAL IMPROVEMENTS (PARTICIPATORY)
MAU16UN 51. & AIHF'UH I BLVU. (100% SHAHE)
Executed in One (1) Original
Bond 814019 S
Initial Premium $ 1,250.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Hundred Twenty
Five Thousand and No/100 dollars ($125,000.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999
DEVELOPERS INSURANCE COMPANY
rincipal
By lQ
lane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coadhella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUIS GARCIA
Commission # 1147593
Notary Public - California z
Z 'y
Riverside County
My Comm. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 N o 0 9 3 0 4 7
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attomey should not be returned to the Attomey(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorneys) -In -Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
(��By V By V
Dan F. Vincenti, Jr. Dante •incenti, Jr.
President NPANy P ident o \�4SURq
m
i = OCT.5 T ATTEST J 6MAR 27 0
y 1967 0 1979 i
IF �2
By * By
Walter Crowell Ll—w—
Walter Crowe
4w
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Shene L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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.
WITNESS my hand and official seal.
••••••«•••• SI'1ERIE L. BELL
GOIIAAM. ft119419
Signature WT $
Com"L Ecp• Dr0,1Z 2= $
opmucomy
CERTIFICATE ON 0 MY
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
:)f said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this day of 199q.
NDEMNITY COMPANY OF CALIFORNIA EVELOPERS INSURANCE COMPANY
\tASORq,1,C
13 — MAR. 27
William T Sharer 1967 a William T. Sharer
y 1979 i
Vice President °y� frF PN�P+? Vice President '0 IF trt
1-313 REV. (2/98)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
TRAFFIC SIGNAL IMPROVEMENTS (PARTICIPATORY)
AIHF'UH I BLVD. & MAIN EN I HY (100% SHAHS
Executed in One (1) Original
Bond 814020 S
Initial Premium $ 1,250.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Hundred Twenty
Five Thousand and No1100 dollars ($125,000.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS INC. r
��AeW - 2� , Principal
DEVELOPERS INSURANCE COMPANY
Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON , 1999, BEFORE ME, LUIS GARCIA
PER ONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LWS GARCIA
Commission # 1147593
Notary Public -California
z szr
'may Riverside County
My Ccmm, Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 No- 093046
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorneys) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
)1;1 �&-
By V By V
Dan F. Vincenti, Jr. Dante •incenti, Jr.
President QNPANYO� P sident 6\1�SURgt
ti rF 9 Q 4 �' Ci
2' Y OCT 5 0 i, ATTEST ? MAR. 27 O
2 1967 a 1979
IF -
By * By
Walter Crowell Wafter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) islare 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.
WITNESS my hand and official seal.
N-MNNM�
_ bHER1E L. BELL
Signature 00101.9111909
��
My Canon. 4 oft 12, 2=
CERTIFICATE 1000��
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this Q--1— day of , 199!q--.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
� ` - N,PANYO C`j%�� + _ \NSURq
iG O PORgr �+QO 0 '�TCF
r� 4 o n
BY i? OCT. 5 0 T By
C`/%�A4�-
MAR. 27 O
William T. Sherer L O William T. Sherer °' 1979 a
Vice President ti <IF �Pi.?a Vice President �yo
D-313 REV. (2/98)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
TRAFFIC SIGNAL IMPROVEMENTS (PARTICIPATORY)
MUNHUL 5 1. & AIHt'UH I bLVU.
Executed in One (1) Original
Bond 814021 S
Initial Premium $ 313.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), in the penal sum of Thirty One Thousand,
Two Hundred Fifty and No/100 dollars ($31,250.00) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly
by these presents.
The condition of this obligation is such that if the above 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS INC.
t 1 Principal
DEVELOPERS INSURANCE COMPANY
IV, yn - �4
Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON CIA A-) , 1999, BEFORE ME, LUIS GARCIA
PER ONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
SEAL
Wis GARCIA
Commission # 1147593 Z
d Notary Public - California
Riverside County
M,y Comm. Expires Jul 20, 2001
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
s POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 No - 093045
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is In brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attomey(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By By. � I PAA I
qDanF. Vincenti, Jr. Dante •incenti, Jr.
resident pNPANYQF P sident SµASURA
�rCC,
2' ? OCT. 5 c T ATTEST O - MA
yR. 27
W 1967 a7 1979 v
IFOP�p �?
By * By
Walter Crowell Wafter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr, and Walter Crowell, 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.
WITNESS my hand and official seal.
Signature
GOW.011194 t9
th&A�? NOTARY PUBW - C�&ALFMMAAA
Illy Comm. 6<R Da.12, �000 $
ORANSECOUPM
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, thisp�_ day of 199-9_.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
24
MPANYQ 240,
�µASUQ47Cn3Y x' OCT.6 a T 13�— MAR.27 O
William T. Sharer 2 1967 0 William T. Sharer 1979 3:
Vice President °y �p p? Vice President IF
rr
D-313 REV. (2/98)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
LANDSCAPED MEDIAN IMPROVEMENTS (PARTICIPATORY)
AIRF O R f BLVD. -- tA51 11Z MILt (b0"/o SHAKt)
Executed in One (1) Original
Bond 814022 S
Initial Premium $ 1,835.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Hundred Eighty
Three Thousand, Five Hundred Forty Sixty and No/100 dollars ($183,546.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorneys fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
DEVELOPERS INSURANCE COMPANY
Principal
By
Mane M. Nielsen, Attomey-in-Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON I j-1 , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribecrto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
LUIS GARCIA
Cornrnlssion # 1147593
< ~- No -cry PuDi!C - CCIMOMia
z "r RiversideCounty
y Cc,m Expires Ju120, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 N o 0 9 3 0 5 6
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attomey(s)-in-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By qDban
o
BY
F.Vincenti, Jr. Dante incenti, Jr.
resident OMPANYO� PrUsident �µdSUR4,1,
i Y OCT.5 T ATTEST - MAR.27 Or
a 1967 O ut 1979UA
p
By * By
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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/sheRhey executed the same in his/her/their authorized
capacity(iss), 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.
WITNESS my hand and official seal.
----------------------------------
"FOE L BELL
QOMM■ 01119419
Signature 1QMnWR"-C&"WL4
ORMWLWY
W Comm. E* D1o.1Z 2= $
CERTIFICATE ULN I - --------- J
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 27 day of January 199 9
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
VPANYO�NSURq
,G� PORq c9 Q�PG PO �NcC,
BY z OCT. 5 i, By
William T. Sherer y 1967 William T. Sherer 7 1979
Vice President oy /F P P ►?a Vice President °'o lF
D-313 REV. (2/98)
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
LANDSCAPED MEDIAN IMPROVEMENTS (PARTICIPATORY)
AIKPL)K 113LVU; -- L~AS 11/L MILL (5U-/o tiNAKt)
Executed in One (1) Original
Bond 814023 S
Initial Premium $1,283.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Desert Resorts, Inc., (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated January 1999, and identified as project
Specific Plan 90-015 , 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal sum of One Hundred Twenty
Eight Thousand, Two Hundred Sixty One and No/100 dollars ($128,261.00) 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 City of La Quinta, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorneys fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the 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 Jan 27, 1999.
KSL DESERT RESORTS INC.
Principal
DEVELOPERS INSURANCE COMPANY
Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive
Suite 401
Palm Desert, California 92211-0449
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ON ► La— , 1999, BEFORE ME, LUIS GARCIA
PERSONALLY APPEARED DIANE M NIELSEN
personally known to me (or proved to me
on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are sub-
scribedto the within instrument & acknow-
ledged 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 persons(s), or the
entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
- LUis GARCIA
f Commission # 1147593
�-
rvc`cry PuDlic - Ca{ifornio
Z ` " Riverside County
\?�r4►r
" MY Co'^m. Expires Jul 20, 2001
SEAL
ALL-PURPOSE ACKNOWLEDGEMENT
LICENSE #0684503
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 1 *� � o— 093055
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or
severally* * *
the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power
of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or
contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of February, 1997.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
ByA-111 a.--P � a
By
Dan •F. Vincenti, Jr. Dante •incenti, Jr.
President GaMPPOYp� P sident QQIaP�Rggc
y^ 0
z` = OCT. 5 „ ATTEST O _ MAR 27 p
y 1967 y 1978
I IF
By * By
Walter Crowell Walter Crowe
Secretary Secretary
STATE OF CALIFORNIA }
) SS.
COUNTY OF ORANGE )
On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) istare 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.
WITNESS my hand and official seal.
S/��HEADIE L BELL
OD. #1119419
Signature &A WTiYME, 1A
OPANECOM
W Comm. E* DX 12, 2=
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 27 day of January 199 9
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By - 2' i OCT. 5 o T By 2 MAR. 27 O
William T. Sherer W 1967 a William T. Sherer U1 1979 M
Vice President oy� /1F pN�P�? Vice President 'o IF <�
,t
ID-313 REV. (2/98)