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Sienna Corp/Traffic Sig Ave 52 02 RECEIVED TNDEMNIT¥ ^GKEEMENT PUBLIC WORKS This Indemnity Agreement ("Agreement") is hereby entered by the City of La Quinta ("City") and Sienna Corporation ("Sienna") as of November 15, 2002. RECITALS A. Sienna Corporation has requested reimbursement for the construction of the traffic signal constructed at the intersection of Washington Street and Avenue 52 (''Traffic Signal"). B. The City wishes to provide such reimbursement. NOW, THEREFORE, the parties agree as follows: 1. Sienna shall defend, indemnify and hold the City of La Quinta and its officers, employee~, and agents ("City indemnities") free and harmless from any and all of claims, causes of action, obligations, losses, liabilities, judgments, damages, including reasonable attorneys fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to the Traffic Signal or the City' s reimbursement to Sienna for the Traffic Signal. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Sienna shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable attorneys' fees, incurred in defense of such claim. In addition Sienna shall be obligated to promptly pay any final judgment or portion thereof rendered against the City indemnitees. o. gtj on By' 'Its: - '1~}~.~_~ City: City of La Quinta .m., J Thomas P. Genovese, City Manager APPROVED AS TO FORM: ! .- ? .,/~ nson, Ci¥ tto y i ~ENNA 41- 865 Boardwalk . Suite 209 ' Palm Desert, CA 92211.760-776-8293 c o p P o R.'~ T~O N FAX: 760-776-8299 November 12, 2002 Nick Knickerson RECEIVED Project Manager Iq0¥ l/[ ~'D02~ P.O. Box 1504 78-495 Calle Tampico PUBLIC woRK$ La Quinta, CA 92253-1504 Re: Traffic signal reimbursements for Tradition Dear Mr. Knickerson, Pursuant to our conversation in obtaining the reimbursements for the construction of the traffic signal we will hold the City of La Quinta harmless. Kindly allow this letter to confn'm Sienna's Corporation's agreement to hold the City of La Quinta harmless fi.om any and all claims by any third parties, including but not limited to the current owners of the Tradition, relating to the City's reimbursement in the amount of $55,963.50. Please have the check made out to Sienna Corporation and send the check to our financial department in the Minneapolis office at: Sienna Corporation Attn: Bruce Nimmer 4940 Viking Drive, Suite 608 Minneapolis, MN 55435 If there are any questions please.contact me in our Palm Desert office. Mike Rowe Vice President Cc: Brace Nimmer Planners · Developers - Contractors C O R P O R A T I O N FAX: 760-776-8299 October 18, 2002 ¢ ECEiVEI) Nick Knickcrson Project Manager 0C'[ 2 4 2002 P.O. Box 1504 78-495 Cane Tampico PUBLIC WORKS La Quinta, CA 92253-1504 Re: Traffic signal reimbursements for Tradition Dear Mr. Knickerson, Thank you for alerting us to an oversight in our final accounting. In the process of closing up the books on deposits for projects of this magnitude there always seems to be an item that fans through the crack. Without trying to figure out the reason we failed to request this reimbursement we have compiled the attached invoices and payments to Sierra Pacific, the contractor who installed the signal at Washington & Avenue 52. The total of all payments, exclusive of engineering and surveying, is $111,927.00, which would make the City of La Quinta portion $55,963.50. Since we have sold the club a couple of years ago please have the check made out to Sienna Corporation and send the check to our financial department in the Minneapolis office at: Sienna Corporation Attn: Bruce Nimmer 4940 Viking Drive, Suite 608 Minneapolis, MN 55435 This is the same office of record for Tradition Club Associates while we were in business and developing this project. We now have a local office and if there are any questions please contact me in our Palm Desert office.. Sincerely, ACCOUNT NO, · \ Cc: Bruce Nimmer AMT, TO PAY ..... Planners · Developers · Contractors 0CT-17-2002 16: 5'3 S'[ ENNA CORP '952 835 ?008 P. 0:3 SOB NUMBER: ELECTRICAL 2542 AVALON ST. - RIVERSIDE, CA 92509 ® PHONE: (909) 784-1410 - FAX: (909) 784-4469 I.K;EN.~E/~404e A, C.10 An E. Clu~l Opportunity Employer o WASHINGTON & AVE 52, LA QUINTA TRADITION CLUB ASSOCIATES, LLC ~ - , CONTRACT NO 3.02.01 C/O WI~ICHESTER DE~/ELOPMENT CO. LLC s ATTN: MIKE ROWE 41-865 BOARDWALK, SUITE 101 PALM DESERT, CA 92211 PROGRESS BILLING NO, 1 TRAFFIC SIGNAL INSTALLATION CONTRACT $ 111,927.00 - 50% COMPLETE $ 55,963.50 LESS 10% RETENTION 5~596,35 TOTAL DUE THIS INVOICE $ 50,367.15 tNVOICE e*~.~, ~'~Ef~'.~h~ fl~ 't 't I~ -- ,¢,nlh¢~v P~inli~n (~,, PJYerside. CA, ¢~0~') DCT-17-2002 16:5~ S[ENNR CORP 952 835 ?888 P.02 · 40 V k n Drive Suite 60~ · M nne~, MN 5~ ~ ~ ~ ~ , ~ ELECTRICAL. CONTRACTING 2542 AVALON ST. · RIVERSIDE, CA 9¢'509 · PHONE: (909) 784-1410 ,,, FAX: (909) 784-4489 UCEN~qE #26404e A, C-I0 ~ EquSI Opportunlty Employer TRADITION CLUB A£SOCIATES, LLC E~ WASHINGTON & AVE. 52, LA OUINTA C/O WINCHESTER DEVELOPMENT CO,, LLC S CONTRACT NO, .~,02,01 I ATTN: M I KE ROWE T 41-865 BOARDWALK, SUITE 101 E PALM DESERT~ CA 92211 FINAL PROGR£S5 BILLING TRAFFIC SIGNAL INSTALLATION CONTRACT - 100~ C~PL£TE $ I~1,927,00 LESS PREVIOUSLY BILLED '~ SUBTOTAL i - LESS 10% RETENTION ~ TOTAL DUE THIS INVOICE ~ INVOICE Re,'x~er PSPErJ-~,06, Rev. 11/93 -- ,~nthony PHntln~ C~,, ~tvOr$1d0, ~A, (90~) 6~-2210 0¢T-i?-~00~ 16: 5~ SIENNA CORR 95~ 035 ?000 P.06 AGC CALIFORNIA CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from TEADITION Ct.l. la A$SbCIATE$, LLC (Maker el' Check) in the sum of $ 50.367, 15 payable to $~.e['~a P~Jc~.t=£c E'~.ect:~:icaJ. Cont:~:act£DS (Amounl o! Check) (Payee or Payees el Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of TRN:) I T I ON CA_LIB A550C I ATES. LLC Iocaled at (Owner) WASH I N~TON STREET & AVENUE 52, LA QU I NTA to the following extent. (Job Descriplion) This release covers a progress payment for labor, services, equipment or material furnished to TRADITION Ci_UB ASSOCI.ATES, LLC through .JULY 24. only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished alter the release date, Rights based upon work peHormed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release il that furnished labor, services, equipment or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evi- dence of payment to the undersigned. Dated: JULY ?-4, 1998  / (Comp.any Name) Title 8ecreLa~ry NOTE: This documenl has ir~,porlanl legal consequences; consult, etlon with an allorf'~ey is encouraged wilh respect tO use or moclilica[ion. This Iorm is intended [o meal. the requirements et Calilornia Civil Code Sec[ion 3262(d)(1) as of January 1, 1994- ©1994 Associated General Contraclors el California, Inc. Form AOCC-10 SIBRRA ,,PACIFIC ,!~, .1. t/20/9S Check#: 00575~2 55,963 50'& TRADITION CLUB ASSOCIATES; LLC MAROU;~E ~ 4940 V~KING DR~V~, SUITE. 60~ CA~TAL BA~, MINNEAPOLIS, MN 55435 MINN~POLI~. MN 612 ~-280B ,/ ~ 75-575-910 ~, " DATE CONTROL NO. AMOUNT 1~/20/9S 005752 $~*~55,963.50 . TO~i~ty F, iVe Thousand ~in.e Hundred Sixty Three'and 50/1,00 Dollar~ ' ORDER OF ' ~.ZVE~SZD~ CA 92509 DECEMBER 1998 ELIfGTRICAI 2542 AVALON 8'[ - RIVERSIDE, OA 92509 · PMONF_: (909) 784-1410 · FAX; (909) 7B4-4489 LICENSE #28404B A, C-~O An EClua[ Opportunity Employer J TRADITZON CLUB ASSOCIATES, LLC O~ WASHINGTON & A~/E. 52, LA QU[NTA C/O WINCHESTER DEVELOPMENT CO,, LLC s CONTRACT NO. 3.02.01 I ATTN: MIKE ROWE -r 41-865 BOARDWALK, SUITE 101 E PALM DESERT, CA 92211 PARTIAL RETENTION BILLING RETENTION DUE OUR INVOIC£ NO. 12263 $ 5,596.35 INVOICE CONDITIONA~ WA~VERAND RE~.~E U~N FINAL PAYMENT (California Civll Code 3262 (d) (3) Upon receipt by the undersigned of a check from .. TRADITION CLUB ASSOCIAIES in the amount Of $ 5,§96.35 payable to sierr~ Pacific Electrical Contracting, and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice or bond right the undersigned .has on the job of TRADITION CLUB ASSOCIATES located at WASHINGTON & AVE. 52, LA QUINTA (Job De~oriptJon/Loemtion) This release covers a final payment to the undersigned for all labor, services, equipment or materials furnished on the job, except for disputed cla.ims .for additional work in the amount of $ -0- . Before any recipient of this document relies on it, the party should verify evidence of pa~l~ent to the undersigned. Dated: DFCEMBER 11, 1998 sierra Pacific Electrical Contracting (Company Name) ' SECR[T~Y 0CT-19-2002 18: 54 S I ENNA CORP 952 8~5 ?008 P. 09 '*~ .AJ~_,IT.I. ON CLUB ASSOCIATES, LLC .... ~0, YOUR INVOICE NO, INVOICE DA~ .iNVOICE AMOUNT ~OUNT P~D DIS~UNT TAKEN NET CHECK SIERRA PACIFIC .... 01/22/99 Check,#: TRADITION CLUB ASSOCIATES, LLC' CAPITAL ~NK, N.A. 4~0 VIKING DRIVE, SUITE. G06 M1NN~AP~IS, MN 55402 MINN~POLIS, MN 5~35 75-575~10 612 835.2~ DATE' CO~ROL N0. AMOUNT' ~ . ' TO~Ve Thousand Five 'Hundred Ninety Six and 35/100~lars ORDER OF 25 ~2 AVALON STREET .:~"~:. .... ;*