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2003 - 30850 Marvin Investments, Inc. - SIA On-Site & Off-SiteCITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 30850 ON -SITE AND OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreerng nY)) is made and entered into this o? day of U1G, 200-9 by and between Marvin Investments, Inc, a California Corporation hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 30850 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public'and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, .specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance, security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security 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 warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. T:IPWOEPTI000NCIL%2003%October 7, 2003\01d Town 308500 Oft -Site 30850400 1 ot7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "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. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. 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, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) 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 TAMDEPT\COUNCIU2003\0ctober 7, 2003\Old Town 30850\0n_Off-Site 30850.doc 2 of 7 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 liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) 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 Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider'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, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. 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 Subdivider. 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 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 Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty TAMDEPT\COUNCIU2003\0ctober 7, 2003\01d Town 30850\0n_Off-Site 30850.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider 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 Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completign of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. 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 Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider 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, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. T:\PWDEPT\000NCIU2003\October 7, 2003\01d Town 30850\On_Off-Site 30850.doc . 4 of 7 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 Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of 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. 17. 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. 18. 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. TAMDEPT\COUNCIL\2003\0ctober 7, 2003\01d Town 30850\0n_Off-Site 30850.doc 5 of 7 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable 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: City of La Quinta 78-495 Calle Tampico L Quinta, CA 92253 60/777-7075 Thomas P. Genovese, City Manager Date ATTEST: Citt Cldrk Marvin Investments, Inc 78080 Calle Estado, Suite 201 La Quinta, CA 92253 (760) 771-2567 By: 10JA �. �„�_ 14'r 3 Date Title: ry c I A CA By: Title: Reviewed and Approved: Ci Engine Date Apnrnved a to For/V001 m: ie1A t�rn_ey Date TAMDEMCOUNCIU2003\0ctober 7, 2003\Old Town 30850\0n_Off-Site 30850.doc Date /0-22-03 6of7 Exhibit A SECURITY — PARCEL MAP NO.30850 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, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and 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. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street Phase I and II Improvements $ 235,648 $ 235,648 Domestic Water $ 53,620 $ 53,620 Sanitary Sewer $ 16,108 $ 16,108 Totals: $ 305,376 $ 305,376 TAMDEPT\000NCIL\20010ctober 7, 2003\01d Town 30850\On_Off-Site 30850.doc 7 of 7 ALL-PURPOSE ACKNOWLEDGMENT F 0 • State of California • ,r� +�--SS.County of 9V0 a/ On beforeme, • (DATE) / , (NOTARY) • �/� G•/el//� personally appeared I ' - SIGNER(S) • • 0 personally known to me - OR- ❑ ctory ' evidence to be the person(# whose name) • is/aye-subscribed to the within instrument and ' • acknowledged to me that hW Oftaqvley executed • Ithe same in his/ authorized ' • capacity(ie�), and that by his/4mweir • signatureW on the instrument the person(*,NOREW ' • M. TRtPP-NEIIMEYER or the entity upon behalf of which the • ' Cbnvr don # 12SK, I Cc�orrria � 14P*CArm80w ' person(r) acted, executed the instrument. • • �� - C ' Feb 2004 • WITNESS my hand and official seal. • I ' f ' ' • NOTAR S NATU • I • OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- ' • edgment to an unauthorized document. • 1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' '❑ IMDIVIDUAL ORPORATE OFFICER • 1A9V_Qr__ TITLE OR TYPE OF DOCUMENT f ' TITLE(S) ❑ PARTNER(S) I ❑ ATTORNEY -IN -FACT NUMBER OF PAGES • • ❑ TRUSTEE(S) • ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT • ❑ OTHER: ' OTHER ' RIGHT THUMBPRINT L '' • SIGNER IS REPRESENTING: OF a • NAME OF PERSON(S) OR ENTrrY(IES) SIGNER E £ ' • o • APA 5/97 VALLEY -SIERRA, 800-362-3369 T4tyl 4 4a Qums MEMORANDUM To: Susan Maysels, City Clerk From: d Wimmer, P.E., Development Services Principal Engineer Via: 6 Ti othy R. Jonasson, P.E., Public Works Director /City Engineer Date: August 9, 2013 Re: Reduction Bond Rider to Performance Security for Old Town La Quinta, Parcel Map No. 30850 Please attach the new reduction bond rider to the existing Performance security bond for PM 30850. Please find enclosed the new reduction bond rider (reduced amount) which will secure the completion of the remaining off - site and on -site improvements. The amount and addresses to the developer and the surety company are as follows: PARCEL No. 30850 Performance Reduced Performance Bond Number Security Amount 828343S $305,376 $54,102 Developer: Mr. Wells Marvin Marvin Investments, Inc. 78-010 Main Street, Suite 201 La Quinta, CA 92253 Surety Company: Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 Cc: Project File I, Parcel Map No. 30850 TATracts_Parcel Maps_SP\30000-39999\30850, Old Town La Quinta\Internal Correspondence\Bond Reduction Rider memo PM 30850.doc P.O. Box 1504 LA QUINTA, CAI.IFORNIA 9.2247-1504 78-495 CALLF. TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 April 9, 2013 Mr. Wells L. Marvin Marvin Investments, Inc. 78-010 Main Street, Suite 201 La Quinta, CA 92253 Re: Parcel Map No. 30850, Old Town La Quinta On -Site and Off -Site Improvements Performance Security Reduction Approval, Bond No. 828343S Dear Mr. Marvin: The City is in receipt of your request for a partial reduction of Performance Security for the On -Site and Off -Site Improvements for the above referenced project. Per your request, the City has reviewed the construction records for the on -site and off -site improvements for this project and the improvements appear to be approximately eighty percent complete in 2007. Processing of the Performance Security reduction will proceed once a suitable replacement security (rider) in the amount specified is received. For your reference, please see the enclosed reduction amounts (Exhibit A). If you have any questions regarding this matter, please feel free to contact Ed Wimmer, Development Services Principal Engineer, at (760) 777-7088. Sincerely, drnothytJon son P.E. Public Works ector/City Engineer cc: Project File, Parcel Map No. 30850, File Robert Marshall, Insco Insurance Services, via email Page 1 of 2 Exhibit A DEVELOPMENT - PARCEL MAP NO. 30850, OLD TOWN LA QUINTA ON -SITE AND OFF -SITE IMPROVEMENTS Performance Security (Bond No. 828343S) Improvement Description Labor & Material Original Amount Reduction (Percent) Reduction Amount Street Phase I and II Improvements $235,648 $235,648 80% $47,130 Domestic Water $53,620 $53,62Q 90% $5,362 Sanitary Sewer $16,108 $16,108 90% $1,611 TOTALI $305,376 $305,376 _{;a _d` $54,102 419 INSCO INSURANCE SERVICES, INC. insc%igg Underwriting Manager for: CAP Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 828343S Principal: Marvin Investments, Inc. Obligee: City of LaQuinta Surety: Indemnity Company of California Effective April 10 2013 , it is agreed that: The bond number is changed to 828344S and The amount of the bond is reduced from $305,376.00 to $54,102.00 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed, sealed this 30th day of July 2013 Principal: Surety: Marvin] Investments, Inc. Indemnity Company of California g Attorney -in -Fact Cassie J. Berrord, Accepted f n Obligee Acknowledgm ID-1184 (REV. 1/01) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make. constitute and appoint: ***Gregg N. Okura, Yvonne M. Dean, Pauline M. McLean, Mark J. Lansdon, James E. Mary, Daniel Young, Cassie J. Berrisford, Gina Garner, Antonio Alvarado, jointly or severally`** as their 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 surety- ship 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 Attoney(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 Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1 st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President. Executive Vice -President. Senior Vice -President or any Vice President of the corporations be. and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either 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 maybe affixed to any such Power of Attomey 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 corporations 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, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this May 23. 2013 By: —`— -- — �Nl %emu -- o.•1y AND �0.. Daniel Young. Senior Vice -President ;:yJ� `opPcsRglF�,� :we 10 By. o�; 1936 regg N. 0 ice -President '�7�'• �OWP :fib State of California County of Orange On May 23, 2013 before me, Date OCT 5 1967 Garner. Notery Public Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N. Okura Name(s) of Signer(s) who 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 hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of GINA L. GARNER which the person(s) acted, executed the instrument. COMM. tf 2021213 + NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORE COUNTY true and correct. — cxam I expires May 18, 2D171 WITNESS my hand and official seal. Place Notary Seal Above Signature Gina L Garner. Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing 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 30 thlay of .July . 2013 BY Mark J. Lansdon, Assistant Secretary ID-1360(Rev.05113) BOND RIDER INDEMNITY COMPANY OF CALIFORNIA 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE # 10/21/2003 828344S Subdivision Improv. Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: City Of La Quinta 78 495 Calle Tampico La Quinta CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 10/09/03. This Rider is on behalf of Marvin Investments Inc understood and agreed, effective from above date, that: Please Amend Bond Number To Read 828344s From 82834s Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 21 day of October, 2003 S. Smith -Bowman, Attorney -In -Fact PRODUCER: Hrh Insurance Services Of The Coachella Valley Inc 77 564 Country Club Dr Steb401 Palm Desert CA 92211 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO Oil I Ohl /C) -3 , before me, DANETTE JACOBS, NOTARY PUBLIC PERSONALLY APPEARED S. SMITH-BOWMAN====================================================_==== personally known to me ((r proved to me on the basis of satisfactory evidence) to be the personN) whose name) isl*tk-subscribed to the within instrument and acknowledged to me thark-Ishe/rhev executed the same in* ri ietltireir-authorized capacity(-ier); and that by h4Aer/4eit- signature(' on the instrument the personN), or the entity upon behalf of which the persont�q acted, executed the instrument. WITNESS my hand and official seal. Signature U\Lttj mUl/)— DANETTE JACOBS, NOTARY PUBLIC OPTIONAL DANETTE JACOBS Cornmission # 1351918 Z i Notary Public - California San Diego County ,My Cor rn. Expires Apr 16, 2008 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying oi�^e document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTIPN OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORAT FICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ------------------------------------- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ------------------------------------------- ------------------------------------------- R OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) 1 ALL-PURPOSE ACKNOWLEDGEMENT ITHE insr.qblr cg o Mp DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 www.inscodico.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith -Bowman, D. Kohl, jointly or severally*** as their 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 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 Attorney(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 DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation 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. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by [heir respective Secretary this 8"' day of January. 2002. By: ,." AND ./yo••, MP AN y O David H. Rhodes, Executive Vice President r`yJ;: oµ?0RgT Fes';; �PpORq C Oct 6, 0 1936 ; 3;' w 1967 Waller A. Crowell, Secretary ?90 /�'N' •'��aa i q4/FOP d STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument. WITNESS my hand and official seal. Si-nature9_ C�iwog CERTIFICATE ANTONIO ALVARADO p ; COMM. # 1300303 g , R8 Notary Public - California �y ORANGE COUNTY M yy Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing 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 Auorocy, are in forco as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 21 rJT_ da_v of OCTOBF11 2003 mod• By David G. Lane, Chief Operating Officer ID-1380 (01/02) Bond No,828343S/2yr ter Premium: $9,161.00 SUBDIVISION IMPROVEMENTS Parcel Map No. 30850 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. 30850 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Marvin Investments, Inc. hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated `9/25, 2003 , and identified as Parcel Map No. 30850 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Indemnity Company of California as suretx are held and firmly bound unto the City of a Quinta reinafter call 1 ) the penal sum OF-hreeAundredFiveThousandThreeHundred�eventy_VLARS ($ �y 3 %. ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Ip,witness wheCeof, this instrument has been duly executed by the principal and surety above named, on 10 200 'j Marvin Investments, Inc. Principal (Seal) IJA i- Signature of Principal s President Title of Signatory Indemnity Company of California Surety _ (Seal) � Signature of Surety Attorney —in —fact Title of Signatory 3517 Camino Del Rio South Ste 200 San Diego, CA 92108 Address of Surety (619) 521-9686 Phone # of Surety Steve Bonilla Contact Person For Surety F201 - Performance Bond Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON lDl 1, (03 , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) lndividual(s) ( ) Corporate ( ) Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. LUIs GARC� WITNESS my hand and off l seal. Cammission�1310163 z z Notary Public - Caliiomia -y —_ Riverside County My Comm. Expires JulJul20, 2005 Signature• u►s a c a, o ar ALL PURPOSE ACKNOWLEDGMENT ALL-PURPOSE ACKNOWLEDGMENT FState of California • ICounty of ��U ..�^ SS. ' On _ 2G Z62 before me, • (QXTF) (NOTARY) • ' personally appeared ��Ll�S' �• ��iPU%� _ __ !_ ' ,— SIGNER(S) P ' personally known to me - OR- ❑ proved to me on the basis of satisfactory I • evidence to be the person(v) whose name(v) • Iis/tee subscribed to the within instrument and ' acknowledged to me that he/gheAhey executed • ' the same in hisAwrAim;ir authorized ' capacity(i=), and that by his/ �r • Isignature(ss on the instrument the person(:), I NOREENM.TRIPP-NEUMEYER or the entity upon behalf of which the • ' Comrtbsion# 1253341 person(} acted, executed the instrument. f Notary Public - Ca>fiart�ta • Ovle r ids Courtly I • MpCortxn.6ptresfeb1ZM04 1 WITNESS my hand and official seal. I r NOTARY' SI ATURE 1 ' OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl- • edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' PIVIDUAL ORPORATE OFFICER AWV_146weoe� .C�/✓d ! TITLE OR TYPE OF DOCUMENT ' TITLE(S) f ❑ PARTNER(S) NUMBER OF PAGES • ❑ ATTORNEY -IN -FACT • I❑ TRUSTEE(S) <cr/ a� D3 ' ' ❑ GUARDIAN/CONSERVATOR DATE Olf DOCUMENT • ' ❑ OTHER: ' IOTHER ' IRIGHT THUMBPRINT t ' • SIGNER IS REPRESENTING: OF • NAME OF PERSON(S) OR ENTITY(IES) E 1 SIGNER ' 0 1. • o • APA 5/97 VALLEY -SIERRA, 800-362-3369 Bond No.828343S/2yr term *Premium included in Performance Bond SUBDIVISION IMPROVEMENTS Parcel Map No. 30850 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. 30850 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Marvin Investments, Inc, hereinafter designated as "the principal' have entered into an agreement whereby the principal agrees to install and complete certain designated public improvs��s, which agreement, dated 9 25 , 200 3, and identified as Parcel Map No. , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum ofThree Hundred Five Thousand Three Hundred Seventy — Six DOLLARS ($ 305, 376. 00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on 10/9 12003. 4JA Principal Marvin Investments, Inc. (Seal) '(Jj& ( J'��_ Signature of Principal Wells L. Marvin, esident v M OtaAL mane Nielsen, Atwrney-in--fact F202 - Labor and Material Bond Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON 1()1 05 , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate ( ) Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: 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 & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. LUIS GARCIA WITNESS my hand and offs 'al seal. Commission S 1310163 = Z Notary Public - Califomia Riverside County My Comm. Expires Jul 20, 2l,D5 Signature - ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Paul W. Lewis, Ann Willard, Diane M. Nielsen, Van G. Tanner, Matt Costello, Jeanette McCulloch, jointly or severally*** as their 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 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 Attorney(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 DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation 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, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this S"' day of January, 2002. David H. Rhodes, Executive Vice President By: "—Ztr("W Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) C-3JQ'p\kp Rq�oF�iti';y fir' c, 5 I OCT. a : OPPORq V 10 OCT. 5 1936 r3, 1967 On January S, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersons acted. executed the instrument. WITNESS my hand and official seal. Signature C�kw'4 CERTIFICATE T ANTONIO ALVARADO pe COMM. # 1300303 gNotary Public - California +z ORANGE COUNTY My Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing 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, the mod• By . David G. Lane, Chief Operating Officer 9th day of October 2003 _ ID- 1380 (01/02) ALL-PURPOSE ACKNOWLEDGMENT FState of California f County of �/ -5io - SS. ' ' On _ O_���= — before me, 4156e l-K 7��-Y' &g ! E ' • (DATE) (NOTARY) do, • I personally appeared ai _ZG _Z- IIAWWAI I SIGNER(S) Ipersonally known to me - OR- ❑ proved to me on the basis of satisfactory ' • evidence to be the person(so whose name(v ' is/a= subscribed to the within instrument and ' acknowledged to me that he/*6=W;ry executed • ' the same in his/fir authorized ' capacity(, and that by his/fir TR1PP-NEunn�rER • Cammfsion # 125W41 1 signature(r) ' CCatitomto I or the enti �,A,p�,��� 2� r person( ac 1 WIT • NESS r 1 1 ' OPTIONAL INFORMATIO IThe information below is not required by law. However, it could prevent i edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPI !• ❑ INDIVIDUAL O�ORPORATE OFFICER ' A! S�' T TI TITLE(S) • ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT • ❑ TRUSTEE(S) ` • ❑ GUARDIAN/CONSERVATOR I❑ OTHER: • I • RIGHT THUD • SIGNER IS REPRESENTING: OF ' NAME OF PERSON(S) OR ENTITY(IES) SIGN] Lo-anow -0-490M. 0-momw 0-dows- oommu-0 *.-Nmm. on the instrument the person(-g), :y upon behalf of which the I ed, executed the instrument. Iy hand and official seal. • NOTA S GNATU . • fraudulent attachment of this acicnowl- ' • ION OF ATTACHED DOCUMENT I • CLE OR TYPE OF DOCUMENT • I iNUMBER OF PAGES • DATE OF DOCUMENT • OTHER • I IBPRINT I a • ;R '0 n • _._._._._._.J APA 5/97 VALLEY -SIERRA, 800-362-3369 T4t�t 4 .tPQur«rw COUNCIL/RDA MEETING DATE: October 7, 2003 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 30850, Old Town La Quinta, Marvin Investments, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Parcel Map and Subdivision Improvement Agreement (SIA) for Parcel Map No. 30850, Old Town La Quinta, Marvin Investments Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map No. 30850 is generally located on the south side of Calle Tampico between Avenida Bermudas and Desert Club Drive (Attachment 1). This commercial complex development will consist of six (6) parcels, lots B through E, and Lot A for public streets and utility easements on approximately 5.41 acres (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map (Attachment 2) which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, 110 within 30 days (November 6, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional Final Map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel No. 30850, Old Town La Quinta, Marvin Investments, Inc.; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel No. 30850, Old Town La Quinta, Marvin Investments, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. nas , P.E. Public Works Director/ City Engineer Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Parcel Map 91 3. Subdivision Improvement Agreement 2 POP@ PR1� hDIANELLS EISENHOWER DRIVE dL% ClU[mG1 CALLE TAMPICO AVENIDA D (n LA FONDA vw > w� w� aw 0 6 z �F (n 2A 4 ATTACHMENT1 52nd AVENUE VICINITY MAP N.T.S. Ni'll z 0 w w LL- LA- w n ATTACHMENT 2 9 y 7 97 -1 L A NgU1IN AO am twits i.,na N SAM SM laarao i wan vaaanv D+ NIMM�_ 98 41