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2006 - 33597 R.T. Huges Co, LLCOUTSTANDING BOND REPORT Name: R. T. Hughes Co. / Malaga Tract No. 33597 Date of Contract: NO SIA yet Required Bond Amounts: PM10 $ 46,000 Grading $250,000 Signing & Striping $340,047 Offsite Drainage $136,980 Bond Company: Developers Surety & Indemnity Outstanding Bonds: Amount: Bond No. $ 34,500 726314S $ 11,500 check dep. in Finance $250,000 726950S $340,047(P) 728062S $340,047(L&M) same $136,980(P) 728061S $136,980(L&M) same Date Cancelled/Released: Twyl 4 4v Qumrcu PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Veronica Montecino, City Clerk FROM: 1 Anthony Colarossi, Associate Engineer VIA: Timothy R. Jonasson, Public Works Director/City Engineer DATE: November 1, 2006 RE: PM10 Bond for Tract Map 33597, Malaga The City Engineer is in the process of approving a Fugitive Dust Control Plan (Pending Permit No. 5070) for the subject project. The developer is requesting to place a Fugitive Dust Control Bond and Cash Deposit with the City. Please find the following enclosed: 1. Tract No. 33597 Fugitive Dust Control Bond Performance = $ 34,500.00 (Equals 75% of security) Bond No 726314S Surety Company: Developers Surety and Indemnity Company 2. Copy of check for Fugitive Dust Control Cash Deposit submitted to the Finance Department. Amount = $11,500.00 (Equals the remaining 25% of required security) If you have any questions, please contact me at extension 7089. Thank You. \\CLOADMFS1 Tublic Works - Engineering\STAFF\Colarossi\Deposits_bond_Icredit\Malaga TM 33597\PM1OBond.doc �V CASH DEPOSIT STATUS SHEET* Budget Account No. - DIN: TM 33597 Project Location: Southwest comer of Intersection of Madison Ave 62. Io 4_ a Depositor:RT Hughes, LLC; 78-900 Avenue 47, Suite 200; La Quinta, CA 922531 Phone 760-771-8890 J I % 1 2006 NANCE pE llv a CASH SECURITY — 25% Fugitive Dust Control Deposit ❑ Dust control; ❑ As -built plans ❑ Other ❑ CASH PAYMENT - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT DATE DEPOSIT DEBIT BALANCE Amount Receipt# 11/01/06 $11,500.00 $11,500.00 COMMENTS: The remainder of the deposit is in bond form at $34,500.00 Cash deposits placed in City administered trust accounts are typically received for two basic reasons: l) CASH SECURITY- to provide a source of funds for the City to draw upon If the City incurs costs satisfying obligations or the developer, or 2) CASH PAYMENT- to provide a source of funding for Improvements, property, or services to be acquired, or administered, by the City at the developer's expense. The City will release the fund balance when the developer's obligations that prompted the cash deposit are fully satisfied. The release function is Initiated via the RequestfDemand for Release of F059 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Bond #726314S Premium — $690.00 Fugitive Dust Control Bond Bond is for 2 year term WHEREAS, the City of La Quinta, California, is prepared to authorize R. T. Bushes Co., LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as _ Malaga Tract 33597 ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # 5070 , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and revel ,pars S„rety spa rna pi y company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of a;_ u.._a— a p.., , _-- � pn 1, nn Dollars ($34, 500_oo**) 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 bonded 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 dust control plan 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 Obligee, 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 obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan 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 dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # 5070 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on October 23 2006. R. T. Hughes Co., LLC Princj� (Seal) Signature of Principal Richard T cMughes Managing Member Title of Signatory Developers Suretl-and Indemnity Company Suretv ✓/1�n, (Seal) )I( ature of Surety Diane M Mie sen Attorney in Fact Title of Signatory 3517 Camino Del Rio South #200 San Diego, CA 92108 Address of Surety 619-521-9686 Phone # of Surety Steve Bonilla Contact Person For Surety F211 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON l D1 d3 /U-P , 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 official eal. _ Cortm+usion # 1594120 aa«y PUDW - COMOM10 RNOM143e county My Comm. Exptres JN 20.2 Signature: Lu ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRV INE, 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 *** Ann Willard, Diane M. Nielsen, Van G. Tanner, Jeanette McCulloch, jointly or severally*** as their 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 giving and granting onto said Atmmey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite a 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 attomey(s) named in the Powers ofAttomey 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 I at day of December, 2005. By: ••,.,�jaAND jNp4. OMPANYO- DavidH.Rhodes, ExmutiveVice-President ..•,�Q",.••�onn"Tw.FLs Ra-P v p• h e W OCT. i ° = OCT. S 10 eta= ty 1967 Walter A. Crowell, Secretary %,7--•'10W P,,,Faa?,••Q <IF P STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamey (here insert name and title of the officer), 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 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 perwa (s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature 692" GINA L GARNER COMM. 41569561 (SEAL) NOTARY PUBLIC CAI FORNIA ORANGE COUNTY comm. ex 5 M 13, 2009 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETYAND 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 23rd day of October 2006 By Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Veronica J. Montecino, CMC, City Clerk FROM: immer, Development Services Principal Engineer VIA:A7by R. Jonasson, Public Works Director/City Engineer DATE: August 1, 2007 RE: Rough Grading Bond for Tract Map No. 33597, Malaga Estates The City Engineer is in the process of approving an At -risk Rough Grading Plan for the subject project. The developer is requesting to place a Rough Grading Bond with the City. Please find the following enclosed: 1. Rough Grading Bond for Tract No. 33597 Performance = $ 250,000 Bond No 726950S Surety: Developers Surety & Indemnity Company 17780 Fitch, Irvine, CA 92614 If you have any questions, please contact me at extension 7047. Thank You. T:\Tracts\30000-39999\33597\internal correspondence\Grading Bond memo - TR 33597.doc BOND NO. 726950S PREMIUM $5,000.00 TERM: 2 YEARS FAITHFUL PERFORMANCE BOND (LQMC 8,02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # 7! S - in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to R.T. HUGHES, CO., LW , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as HAT.Ar_A T?STATas —;and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and DEVELOPERS SURETY & INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of TWO HUNDRED FIFTY THOUSAND AND N01100 Dollars ($250,000. ) 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 bonded 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 permit 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 Obligee, 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 obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. Page 1 of 2 F210 Grading Bond Encroachment Permit # �r5 Z- Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on jDLy 23 ,200_7. R.T. HDGHES CO. LLC Principe ? r- (Seal) Signat a of Principal DIANA C. DELGADO OWNER _ CommMion # 1621598 z Title of Signatory Notary =c - California t Riverside County alMyComm. Expires Nov 14.20 DEVELOPERS SURETY & INDEMNITY CO. Su (Seal) ( �11'�k0 Yyl!//� ture of Surety D - RITEY SEN ATTORNEY IN FACT Title of Signatory 17780 FITCH, IRVINE CA 92614 Address of Surety 949-263-3300 Phone # of Surety STEVE BONILLA Contact Person For Surety F21G ALL PURPOSE CALIFORNIA ACKNOWLEDGEMENT STATE OF: CALIFORNIA COUNTY OF: � On Tony o l before me, 1X� NC l�{!i (here insert name and title of the officer), �l11 G personally appeared klOkafra o,d e (or provided to me on the basis of satisfactory evidence) to be the person(&) 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-m rand and of tciat-se I DMA C. DELGADO _0MyCcmm. Commission # 1621598 z Si natu�e SSNotory Public • CoOfomla 5_ g Y Riverside County Expires Nov 14, 2 (SEAL) ATTENTION NOTARY: Through the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO. Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT Number of Pages Date of Document Signer(s) Other Than Named Above STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON 3/ 0-7 , BEFORE ME, LINDA CURIEL, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN. Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate ( ) Partner(s) (0)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. LINDA CURIEL WITNESS my hand and official seal. commission u lasl 76s , i : _® Notary Public - California ` °-i Riverside County / My Comm. Expires Nov 20, 2007 Signat 're C/I` inda Curiel, Notary ALL PURPOSE ACKNOWLEDGMENT POWER OFATTORNEY 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: *** Ann Willard, Diane M. Nielsen, Van G. Tanner, Jeanette McCulloch, jointly or severally*** as their tme 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 giving and granting unto said Attomey(s)-m-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 bereby 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 their respective Secretary this 1 st day of December, 2005. Rv ..exa`mANn��•q.. .-PAN David H. Rhodes, Executive Vice -President F'Pv...... _ Art' OCT. i Ia 10 By.�d'. 1936 D F Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insertname and tide of the offimr), 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 person(s) whose marm(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 fir za GINA L GARNER COMM. # 1569561 (SEAL) NOTARY PUBUC CAUFORM ORANGE COUNTY SS ca nut. art Ira My 13, 2008 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETYAND 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 Wine, Califomia, the _midday of Trrr v 20n7 By Albert Hillebra ad, Assistant Secretary ID-1380 (Rev. 12/05) MEMORANDUM TO: Veronica J. Montecino, CMC, City Clerk FROM: Ed Wimmer, Development Services Principal Engineer VIA: b Yimothy R. Jonasson, Public Works Director/City Engineer DATE: February 20, 2009 RE: Performance Bonds and Labor and Materials Bonds for Tract Map No. 33597, Malaga The City Engineer has approved Storm Drain, Street, and Signing and Striping Plans for the above referenced project. The developer is placing Performance Bonds and Labor and Materials Bonds with the City. Please find the following enclosed: 1. Performance Bond and Labor & Materials Bond for Off -Site Street and Signing & Striping Improvements on Avenue 60 (Permit 8094) Performance = $ 340,047 Labor & Materials = $ 340,047 Bond No. 728062S 2. Performance Bond and Labor & Materials Bond for Off -Site Storm Drain, Sewer and Water Improvements on Avenue 60 (Permit 8059) Performance = $ 136,980 Labor & Materials = $ 136,980 Bond No. 728061 S Surety: Developers Surety & Indemnity Company P.O. Box 19725 Irvine, CA 92623 Attn: Steve Bonilla 3. A copy of Developers Surety & Indemnity Company's profile from the Department of Insurance website. If you have any questions, please contact me at extension 7047. Thank You. TATracts Parcel Maps SP\30000-39999\33597\internal correspondence\Bonds to City Clerk memo TM 33597.doc FAITHFUL PERFORMANCE BOND (LQMC 14.16.180) Bond # 728062S Premium - 16,801.00 Bond is for 2 years Restoration Bond WHEREAS, the City of La Quinta, California, is prepared to Issue Encroachment Permit # Aim in accordance with the La Quinta Municipal Code, to �mHn�. no„Pt„p,aP++r r,Q rr.r. . as Principal, whereby Principal'will be authorized to construct certain improvements in the public right of way as Identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, Said Principal is required to furnish a surety bond in accordance with La Quints Municipal Code Section 14.16.1 So to faithfully perform and construct the permitted improvements; or restore the right of way to its former condition in the event the proposed improvements are not completed in accordance with the approved plans, specifications, and permit requirements to the satisfaction of the Public Works Director; or, if the work is abandoned (not completed as required), Principal shall shall complete the improvements, or restore the right of way to its former condition, whichever is the less expensive alternative of these two alternatives to perform. NOW, therefore, we the Principal and Developers Surety and Indemnity Company as Surety, are hold and firmly bound unto the City of La Quinta, as Obligee, In the penal sum of Three Hundred Forty Thousand Forty Seven Dollars & 00/ 100 Dollars (8340,047.00** ) 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 bonded 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 permit 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 Obligee, 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 obligaton 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 the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. Page 1 of 2 Administrative Services Division\Forms%OriginalslFaithful Performance Bond - Restoration Bond Restoration Bond . Encroachment Permit # 8094 Page 2 of 2 In witness whereof, this Instrument has been duly executed by the Principal and Surety above named; on September 11 2008. RT gu hes Development Co. LLC Principa� (Seal) �o Signature of Principal' G2 JVLFi� T Ie of Signatory Developers Surety and,Indemnity Company Surety (Seal) re o Ore Diane �ne �i®wa M Nielsen A�lorney in factly = P 0 Box 19725, Irvine,'CA 92623 Address of Surety 949-263-3300 Phone # of Surety St&v&aB6n*1la Contact -Person For Surety T UdvetAdrtrinistrative Services DivlslonWamu\OilglnaW8khfid Performance Bond - Restoration Bond STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON Q11//1) 3 , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument & 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LINDon OCKA eom Notary Public • California r Riverside County Signature % @wCor1M80wNov23,20I - 1 '�iiida Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Country of On %- �S-t6 F before me, Date IF - z personally appeared iPC J/fir I&a 9=Pubfic GARDNER 1521324 California'ountys Nov 8, 2008 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by InWherRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and officZ0, I Signature / .L �% a ,�'�Cs���4� Place Notary Seal Above / Ignature of Notary Public 11 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER C2009 National Notary Acsoaalion•9350 De Solo A,.,P.D.BOX2402•Chalsvorlh,CA 91343-2402-.NalionalNo1ar,0o Item 95907 Reorder, Call TollFree1-110.876-6827 LABOR AND MATERIAL BOND Bond # 728062S Premium - Included Bond is for 2 years WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # 8094 in accordance with the La Quinta Municipal Code, to « » %Iuiopmenr ro I r , as Principal, whereby Principal will be authorized to construct certain improvements in the public right of way as identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, the principal is required before entering upon the performance of the permitted 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, we the principal and Developers Surety and Indemnity Company as 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 permitted improvements and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three Hu fu i t S 0-340,047 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. T:\Administrative services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 1 of 2 Labor and Material Bond Encroachment Permit # $49 Page 2 of 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 11 200 B. RT Hughes Development Co, LLC Principal (Seal) I sigrla/i Developers Surety and Indemnity Company Surety (Seal) Signature of Surety Diane Pf Nielsen Attorney in fact Title of Signatory P 0 Box 19725, Irvine, CA 92623 Address of Surety 949-263-3300 Phone # of Surety Steve Bonilla Contact Person For Surety TAAdministrative Services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON "t 11114 , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me oil 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LINDA ROCNA Commiulon N 1777932 Notary Public • California Riverside County Signature- MVCann.F I Nov23.2011 i a Rocha, otary 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 as except as expressty, limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, consfitute and appoint ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severally*** as their true and lawful Attomay(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporadons, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact NO 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 DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, affective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and arty Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atomey(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 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 Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Charles L. Day, State of California County of Orange OCT. 10 1936 OCT. 6 1967 On - January 1st 2008 before me, Christopher J. Roach, Notary Public . Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L. Day Names) 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 hershelthey executed the same in his4herltheir authorized fiOAE `1 capacity(ies), and that by hWhedtheir signature(s) on the Instrument the person(s), or the entity upon behalf of 0 CtIMA f 1745958 which the person(s) acted, executed the instrument. . OR&DRE 0OUNTY ,my ann mom m1%2D" Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the Stale of Califomia that the foregoing paragraph Is true and correct WITNESS my hand and CERTIFICATE J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full tome and has not been revoked, and further mom, that the provisions of the resolutions of the respective. Boards or 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, tg'y0f September 2008 Albert Hillebrand, Assistant Secretary ID-1380(Wet)(Rev07107) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor County of On — e7 Dal. personally appeared before me, ' 'PEGGY BAUMIA ARDNER - Commission # 152132 Notary Public -California Riverside County My Comm. Expires Nov 8, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my In and official seal. Signature Signa ure or Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHTTHUMBPRINT OF SIGNER 0 02007 National Notary Association-9350 De Solo Ave.,P0,Box 2402-Chalsxorth, CA J913132402-w Nationa1NotaryoM llem 45907 Reorder: Call Tot Free 1-800-876-682I A No. 08505 STATE OF CALIFORNIA RECEIl/ OCT 0; &' DEPARTMENT OF INSURANCEu,11_1C WORK SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to allprovisions ofthis Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority ofthe laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 8th day of February, 2008, I have hereunto set my hand and caused my official seal to be affixed this 8th day of February, 2008. Fee $1287.00 Bee. No. Steve Poizner Insurance Commissioner Filed 3/6/07 By Susan K Stapp for Jim Richardson Chief Dep.ty Certification I, the undersigned Insurance Commissioner ofthe State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate oforiginal now on file in my office, and that the same is afull, true, and correct transcript thereof, and ofthe whole ofsaid duplicate, and said Certificate ofAuthority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 251h day of September, 2008. Steve Poizner Insurance Commissioner BY TL� b,A4'L' Pauline D'Andrea Company Profile Company Profile Page 1 of 2 DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12718 NAIC Group #: 0075 California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED -NORMAL Company Type: State of Domicile: Property & Casualty IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY Company Complaint Information http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get_co_proVp_EID=100170 3/2/2009 Company Profile Page 2 of 2 Company Enforcement Action Documents Company_Perform_ance&_Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Or anizations Last Revised - June 27, 2008 09:13 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=100170 3/2/2001 FAITHFUL PERFORMANCE BOND (LQMC 14.16.180) Bond #728061S Premium — $2 740.00 Restoration Bond Bond is for i years WHEREAS, the City of La Quints, California, is prepared to Issue Encroachment Permit # 8059 . in accordance with the La Qulnta Municipal Code, to RT Hughpg Devatonment T:h-rtr . as Principal, whereby Principal'will be authorized to construct certain Improvements in the public right of way as Identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, Said Principal is required to furnish a surety bond in accordance with La Quints Municipal Code Section 14.16.180 to faithfully perform and construct the permitted improvements, or restore the right of way to its former condition in the event the proposed improvements are not completed in accordance with the approved plans, specifications, and permit .requirements to the satisfaction of the Public Works Director; or, if the work ie abandoned (not completed as required), Principal shall shall complete the Improvements, or restore the right of way to its former condition, whichever is the less expensive alternative of these two alternatives to perform. NOW, therefore, we the Principal and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City of La Quinte, as Obligee, in. the penal sum of. One Hundred Thirty Six Thousand Nine Hundred Eighty Dollars & 00/160 Dollars ($ 136,980.00**4 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 bonded 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 permit and any . alteration thereof made as therein provided, on his or their pert, 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 Obligee, 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 obligaton secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit.or to the work or to the specifications. Page 1 of 2 T DrNeXAdministtetive Services Division\Forms\Originals\Faithful Performance Bond — Restoration Bond Restoration Bond Encroachment Permit # 8059 Page 2 of 2 I. In witness whereof, this instrument has been duly executed by the Principal and Surety above �. named, on Sep mbar hl 200 RT Hughes Development Co. LC Principal (Seal) ! Title of Signatory Developers Surety and Indemnity Company j Surety (Seal) nature Or burOTY Diane M Nielsen rney in fact Atto e o gne ory P 0 Box 19725, Irvine', CA 92623 Address of Surety 949-263-3300 Phone # of Surety I' Steve Bonilla. Contact Person For Surety a T DrhreWfininietrative Sarvleas Division%FormslOdginds\Fahhful Performance Bond - Restoration Bond STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON Rf as , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Ni Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity lies), 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. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. uNoq RocHq Commission # 1777932 r Notary Public - California Riverside County Signature L MVC0nM8Vk"Nw23,2011 f da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor la County of On Date personally appeared PEGGY BAUMGARDNER Commission # 1521324 Z , -® Notary Public - California Riverside County My Comm. Expires Nov 8, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my "ocial Signature Signature or Notary Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer—Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: GNER RIGHTTHUMBPRINT OF SI Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRUm '-.OF SIGNER 02007 National Notary Asamiallon•9350 De Solo Ave_RO_ Box 2402•Chalsortq CA 91313-2402-v NetaralNoterµorg Ilem 95907 Reorder: Cell TollFreel-IxID0166027 R LABOR AND MATERIAL BOND Bond 117280615 Premium — Included Bond is for 2 years WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit #2n5o in accordance with the La Quinta Municipal Code, to as Principal, whereby Principal will be authorinstruc zedto co t certain improvements in the public right of way as identified in the permit, and further detailed on the improvement plans referenced therein; and WHEREAS, the principal is required before entering upon the performance of the permitted 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, we the principal and Developers Surety and Tndpt n; f y rmm� an r , as 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 permitted improvements and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of One Hu ggLLARS (S 136,980.00*** ), for materials furnished or labor thereon of any kind, or c r a ou is ue undser 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit 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 permit or to the work or to the specifications. TAAdministrative Services Division\Forms\Originals\Standard Bond Form - Labor & Materials Bond for Permit.doc Page 1 of 2 Labor and Material Bond Encroachment Permit # 8059 Page 2 of 2 In witness whereof, this instrument has been duly executed by the principal and surety above named, onSeg t mber 11 , 2008 . V.nnclPOes Development Co LLC (Seal) grrature of Principal Developers Surety and �ndemnity Company Surety (Seal) Q%&. M Signature ure y Diane M Nielsen Attorney in fact Title of Signatory P 0 Box 19725, Irvine, CA 92623 Address of Surety 949-263-3300 Phone # of Surety Steve Bonilla Contact Person For Surety TAAdministrative Services Division\Forms\Originals\Standard Bond Form Labor & Materials Bond for Permit.doc Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON q1 a 112 , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument & 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. I certify under penalty of perjury wider the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LINOROCNA Commission # 1777932 s. Notary Public -California RWerside County Signature: MVCorrm bg*%Nw23.2011 da Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (9419) 263-J300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ***Ann Willard, Diane M. Nielsen, Van G. Tanner, Paul W. Lewis, Sal C. Sandoval, Mathew S. Costello, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said Wrporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granfing unto said Attomey(s)-In-Fact full power and authority to do and to perform every act necessary, requisite a proper to be done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substilubon and revocation, and all of the ads 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 msolufions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as ofJanuary 1st, 2008. 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 attomey(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 a to any certifhcate relating thereto by facsimile, and any such Power of Atlaney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with resped to any band, undertaking or contiact 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 Vice President and attested by their respective Assistant Secretary this January 1st, 20U8. vim.,,,,..,. By:— c� V% /�RC�/ Forty�P ANYO Stephen T. Pate, Senior Vice President a'yo�J�o PORgl�P;P �V pPPORq C ✓iQ 4 F ,xt h U rfi 94 rig, OCT. .c 2 = OCT.6 c T C�C.a4 fD €pre W 11N37 By: so. 1936 o Chafes L. Day, Assistant Secretary 1pW p },.D y cq<1FOP�P State of California Canty of Orange On January 1sL 2008 before me, ChdstooherJ Roach Notan Public Date Here Insert Name and Title of the Other personally appeared Stephen T. Pate and Chades L Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islam subscribed to the within instrument and acknowledged to me that heJshehhey executed the same in hWherRhelr autodzed cepadty(im), and that by his/ herhhelr signature(s) on the Instrument the person(s), or the artily upon behalf of which the person(,) acted, executed the instrument. CWW 0174 ArODURTY MY aaarac W"-- = 19, 8D11 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and al seal. Signature Ch' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, 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 Attomey, are in force as of the date of this Certificate. This CerOfiwte is executed in the City of Irvine, California, the 11t1jul of September 2008 BY: Albed Hillebrand, Assistant ecretarl ID-1380(Wet)(Rev.07m7) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County c 4C personal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the PEGGY BAUMGARDNER instrument the person(s), or the entity upon behalf of IIIIat Commission # 1521324 which the person(s) acted, executed the instrument. Notary Public - California Riverside County I certify under PENALTY OF PERJURY under the laws y Comm. Expires Nova, 2008 of the State of California that the foregoing paragraph is true and correct. WITNESS mI and official seal. Place Notary Seal Above ggnat a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ O Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIG HT THUMBPRINT OF SIGNER 02007 National Notary Association- 9350 De Solo Ave, POBox2402 -Chml rth, CAJ91313-2402-w .Nm onalrlolaryorg Item 95907 Remorr.Call TollFree1-800 076 M27 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33597 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMEN AGREEMENT (t e " reement") is made and entered into this b tk-, day of.20 by and between La Quinta Malaga, LLC, a Delaware limited liability company, 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 submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-054 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. 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. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. 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 complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. In-iprovenients. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, 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. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: 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 1 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. 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. B. Improvement security shall conform with Section 66499 of the California Government Code and may be 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, in a form acceptable to and approved by the City Attorney, 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 Tract 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. 2of9 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. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. 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, Tract map or waiver of Tract 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 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.B., 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. 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 Section 10 of this Agreement. 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) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 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. Off-siteImprovements. 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. Completion of Improvements; Inspection. 6.1 Construction 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 4 of 9 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. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 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. 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 set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Iniury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 5of9 12. 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. 13. 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. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Secures. 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. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, 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. 16. Iniury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 of b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. 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. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. 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. 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. 7of9 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 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 La Quinta, CA 92253 760/777-7075 k J. ce Citymanager Dat ATTE Susan Maysels, City Cler l? - - q ' La Quinta Malaga, LLC, a Delaware limited liability company 10621 Civic Center Drive Rancho Cucamonga, CA 91730 By: Diversified Pacific O�Vel pment Group, LLC, a California limited liability company Its: Ai. ift fed Agent ,�1 Or By: ranain Jo Title: per By: Title: Reviewed and Approved: — -, A" J-2 Tim thy R. Jonass V n, it Engineer Approved as to Form: 5-Y-17 Date Date I' (' I 1 :� Date w 4� William H. Ihrke, City Attorney Date 8of9 Exhibit A SECURITY — TRACT MAP NO. 33597 ON -SITE IMPROVEMENTS 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 Rough Grading & Walls $ 480,710 Street $ 361,933 Storm Drain $ 436,310 Water $ 166,858 Sewer $ 139,224 Dry Utilities $ 142,500 Landscaping $ 40,000 Irrigation Line Relocation $ 800,000 Monumentation $ 25,000 Totals $ 2,592,535 Standard 10% Contingency $ 259,254 Total Construction Cost $ 2,851,789 Professional Fees, Design 10% $ 285,179 Professional Fees, Const 10% $ 285,179 Bond Amount $ 3,422,147 Labor & Materials CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33597 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEME T AGREEMENT (the "Ag-rg ent) is made and entered into this day of �u1U � , 20 0 by and between La Quinta Malaga, LLC, a Delaware limited liability company, 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 submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 33597 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-054 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. 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. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. 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 complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, 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. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: 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 1 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. 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. B. Improvement security shall conform with Section 66499 of the California Government Code and may be 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, in a form acceptable to and approved by the City Attorney, 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 Tract 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. 2ors 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. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. 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, Tract map or waiver of Tract 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 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 &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.B., 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. 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 Section 10 of this Agreement. 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) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 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. Completion of Improvements; Inspection. 6.1 Construction 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 4of9 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. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 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. 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 set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Iniury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 5of9 12. 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. 13. 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. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. 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. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, 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. 16. Inmury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6of9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. 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. 19. Severabillty. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. 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. 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. 7of9 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 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 'k" Dat �) ATTEST:�� SM41A&Z jt"V)4�_� Susan Maysels, City Clerk La Quinta Malaga, LLC, a Delaware limited liability company 10621 Civic Center Drive Rancho Cucamonga, CA 91730 By: Diversified Pacifiev lopment Group, LLC, a California limited liability company By: /G M Title: Minaoin❑ Merhber M1 Title: Reviewed and Approve 4Tinhy R. Jona on City Engineer Date IT Approved as to Form: r William H. Ihrke, City Attorney Da S"/_/7 Date Date 6of9 Exhibit A SECURITY — TRACT MAP NO. 33597 OFF -SITE IMPROVEMENTS 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 Street and Sidewalk— Ave 60 Street and Sidewalk — Madison St Signing and Striping — Ave 60 Signing and Striping — Madison St Storm Drain Water Sewer Landscaping Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Performance Labor & Materials $ 241,395• $ 241,395 $ 906,487 $ 906,487 $ 2,789 $ 2,789 $ 5,840 $ 5,840 $ 21,015 $ 21,015 $ 156,830 $ 156,830 $ 29,680 $ 29,680 $ 151,592 $ 151,592 $ 1,515,628 $ 151,563 $ 1,667,191 $ 166,719 $ 166,719 $ 1,515,628 $ 151,563 $ 1,667,191 166,719 166,719 Bond Amount $ 2,000,629 $ 2,000,629 OUTSTANDING BOND REPORT Name: Imo-! "^ o. Malaga Tract No. 33597 Date of Contract: June 8, 2017 Required Bond Amounts: PM 10 $ 46,000 Grading $ 250,000 Signing & Striping $340,047 Offsite Drainage $136,980 Bond Company: Developer"u-r-ety-&-Indernnit-y The Guarantee Company of North America Outstanding Bonds: $ 34,500 726314S $ 11,500 check dep. in Finance $ 250,000 726950S $340,047(P) 728062S $340,047(L&M) same $136,980(P) 728061 S $136,980(L&M) same MALAGA: $ 2,000,629. (L&M) 12144672 $ 2,000,629. (P)OFF SITE 12144672 $ 3,422,147. MON SITE 12144673 Date Cancelled/Released: Reduced w/rider - 4-19-12 Reduced w/rider - 4-19-12 Bond Number: 12144673 Premium: $68,443.00 Premium For Two Years Only SUBDIVISION IMPROVEMENTS Tract Map No. 33597 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 33597, prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Malaaa, LLC. hereinafter designated as ("principal") have entered into an agreement whereby principal agrees tq install and co lete certain designated public improvements, which said agreement, dated TA t1 E 37, 201-_, and identified as Tract Map No. 33597, 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 The Guarantee Company of North America USA, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Three Million. Four Hundred Twenty -Two Thousand, One Hundred Forty -Seven DOLLARS ($3.422.147.00} lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified 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 hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on April 27, 2017. (Seal) (Seal) The Guarantee Company of North America USA Surety t6 of Surety William Syrkin, Attorney -In -Fact Title of Signatory The Guarantee Company of North America USA 6303 Owensmouth Avenue, 10th Floor Woodland Hills, CA 91367 Address of Surety (818)936-2844 Phone # of Surety Kevin Chambers Contact Person For Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of 60'n- On g before me, - SimD R0_55cj Date Here Insert Name and Title of the lcer personally appeared Wia� A' J��dow Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'] whose names} isles subscribed to the within instrument and acknowledged to me that he/-slieAfiny executed the same in his�r authorized capacity64, and that by his/ftwAbeir signature) on the instrument the personX, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SIMONE BASSO WITNESS my hand and official seal. Notary Public - California z• San Bernardino County Commission #t 2164524 M Comm. Ex Tres Oct 9, 242t] + Signature, Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:.- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Si ne�s) Signer's Name: YnO�-iiN�e+s /- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: tA kuvta i, 1000CA, LLL Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IRE o The Guarantee Company of North America USA GUARANTEE Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Millennium Corporate Solutions, LLC William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Richard Leroy Adair its true and lawful atomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 u day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and �3Tr�Qo� its corporate seal to be affixed by its authorized officer, this 21 day of October, 2015. A r U TL THE GUARANTEE COMPANY OF NORTH AMERICA USA 1-2 AM t,, 'I, ii! 10�11F STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said ��' •.:.. Cynthia A. Takai Notary Public, State of Michigan County of Oakland Y:{: _� �•���- _ My Commission Expires February 27, 2018 .. Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. *aa IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of April 2017 Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ] County of Los Angeles y On April 27, 2017 Date before me, Corinne L. Hernandez, Notary Public Here Insert Name and Title of the Officer personally appeared William Syrkin Name( f Signer who proved to me on the basis of satisfactory evidence to be the person) -whose name}. islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/haer/their authorized capacity(ias), and that by his/her/their signaturckon the instrument the person), or the entity upon behalf of which the persoftacted, executed the instrument. CORINNE L. HERNANDEZ commission #t 2083563 x -: Notary Public - California i Los Angeles County My Comm, Ex ires SeD 27.2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o 4bal. � SignLtur��, ,n� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual n Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Guarantee Company of North America USA Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SUBDIVISION IMPRpVEME NTS Bond Number: 1244 Premium includedi Tract Map No.n P 72 Performance F LggpR AND AAT ERIAL BOND KNOW ALL MEN BY THESE PR ESENTS. to installatithe THAT. Cit Y Council of the Cif map, in accordance designated y °f La Quinta has ardance with the public im approv California Ma provernents re ed the final mapf WHEREAS p Act (Government CobY the Canditio or Tract No. 33597 La Quinta Ma1a a LLC e City Council of the de 5ectio s °{ Approval fosubject' prior principal a hereinafter City of n 554E} the grees to instil and cfterdesignat a Quinta, State of as "the Californi Tract as certain d pr+nc+pa!"have a, and Map No. 33597 2[) _ an esignated public imp into an is hereby referred d identified mprove agreement to and made as merII which a +Nherebythe pertorrn WHEREAS under the to a part hereof,, and gfeerr+ent, slated claims ante of the work +Ins of the to which refers t° file a good an agreement Civil Code of the reference is made in d sufficient the principal is required State of California. Title ?5 (corn payment bond with thbefor mencrng with Section City of L e entering upon the unto NQW' THEREFORE 3p ) of Part Quinta to secure the the Cir $� em Y of La Quinta the principal and 4 of Division 3 of the ployed in the perform and all contractors the undersigned Pad 4 of Division 3 ance of the subcontractors as corporate DOQ s�9. v"' for of the Civil agreement and ref s, laborers surety, are Unem materials f Code in the erred to in , material held firmly bound pl❑Yment Ins furnished or !sum of Two Million le 7 5 (ca c,nen and other persons not exc insurance Act with re labor rumen g with exceeding the arnou respect to this thereon of rx Hundred T Section 3Q8� addition to the fat amount herein work an kind, or f ►Hen ) of fees, incurred b e amount thereof, set forth and or labor, that the t Nrne DOLLARS taxed Y tit in °f costs and teas also in case suit i urely w l! pam he sts due under the as costs Y successfully enforcing °noble ex brou and to be include penses 9ht u a"�n !n an amount d in the • g this obligation, to and fees upon this bon It is hereby lodgment +ncludin d, will y Persons, companies expressly stipulated therein rendered warded and fixed by he court, attorney, s Part 4 of Division and corporations and agreed that t and to be upon this bond. Civil C entitled his bona 3 of the to file claims steal! in d. ode, So as ro give ore a right under Title -15 t° the benefit of an ghr of action tot (commencing with Se Y and all Otherwise the condition of hem or their coon 3082 of +wise it shall be this bond assigns in any suit brought and remain in full force arid performed. rhea this obligation shall become null and void, 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 April 27, 2017. La �a Malaga/,4C (Seal) 8ignatur f Plifincipal c� Title Sig ,a The ra ee Company of North America USA Surety e (Seal) - turdiof-Surety William Syrkin, Attorney -In -Fact Title of Signatory The Guarantee Company of North America USA 6303 Owensmouth Avenue, 10th Ivor Woodland Hills, CA 91367 Address of Surety (818) 936-2844 Phone # of Surety Kevin Chambers Contact Person For Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 v� .AC.v� .� .9•. .6x .a _9� -a _ ,q .R .9� _ a A R .Y� .R -p -v. _v� .A .R _V. A .T..01 .an v� q .P. .4r. .A .A -v. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 50..E IXY1d�iTip On YY1 S AZLM before me, �JIVY�GY� i�t SSG �CLav_t b_ L42. Date Here Insert Name and Title of the- fficer personally appeared ma-lft/-a� - _TbWa_42 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose namo) is/a*e subscribed to the within instrument and acknowledged to me that he/sheAheyexecuted the same in his/tir authorized capacity(W, and that by his/Ker#fsa#r sig natu rqK on the instrument the person( or the entity upon behalf of which the person%acted, executed the rnstrument. SIMONf BASSO Notary Public - California z . San Bernardino County z Commission # 2164524 My Comm, Expires Oct 9. 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(4, Signer's Name: YY1 ld1 A - .1VctdL$'�_ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LOU Wt)y IC-1 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 TME The Guarantee Company of North America USA GUARANTEE" Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Millennium Corporate Solutions, LLC William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Richard Leroy Adair its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31�1 day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and �Ay,ox�cc�o its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. T{ THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said 1"6" Cynthia A. Takai ..�;�.�,-;, :_; ,:..•, _�;4 Notary Public, State of Michigan County of Oakland _� ;,:•- My Commission Expires February 17, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. ,,ANTE o� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of April 2017 Win' n�s1 Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of rrLos Angeles On 2-1 2,0/ before me, Date personally appeared William S] Corinne Le Hernandez, NotarX Public Here Insert Name and Title of the Officer of Signer who proved to me on the basis of satisfactory evidence to be the personK whose name(s)~ is/am subscribed to the within instrument and acknowledged to me that helshel#itey executed the same in his/her/ttw4rauthorized capacity0en), and that by hisfi•rer/their signatureTs�on the instrument the person or the entity upon behalf of which the person(s}acted, executed the instrument. CORINNE L. HERNANDEZ Commission #E 2083563 z .=+: Notary Public - California n z Los Angeles County My Comm. Expires Sep 27. 2018 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and ofi I seal. Signat re Signature of Notary Pu is Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual >Pq Attorney in Fact El Trustee CI Guardian or Conservator ❑ Other: Signer's Name:_ 01 Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association 4 www.Nationa.INotary.org • 1-800=US NOTARY (1-800-876-6827) Item #5907 rip SUBDIVISION IMPROVEMENTS Bond Number: 12144672 Premium: $40,013.00 Premium For Two Years Only Tract Map No. 33597 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 33597, prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta Mafaga,, LLC, hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated J [. WIC �, 2017, and identified as Tract Map No. 33597, 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 The Guarantee Company of North America USA , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Two Million, Six Hundred Twenty -Nine DOLLARS ($2,000,629.00) lawful money of the United States, forthe 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 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 hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on April 27, 2017. (Seal) La Quinta Malaga,,+LC YYj 0 J-UCU 'I • . "cj4_- Yn 1 -K Yl'1Q,Vy11ow Title of Si The Guarantee Company of North America USA 4a-tut& y . (Seal) of Surety William Syrkin, Attorney -In -Fact Title of Signatory The Guarantee Company of North America USA 6303 Owensmouth Avenue, 10th Floor Woodland Hills, CA 91367 Address of Surety (818) 936-2844 Phone # of Surety Kevin Chambers Contact Person For Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SaA- On Yylct c.f oZfl1' j before me, Date Here Insert Name and btle of the Officer personally appeared )/Yl at�hw A - �i�daj/L— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono) whose namex is/W subscribed to the within instrument and acknowledged to me that helshep executed the same in hislhefOttgr authorized capacityWQ, and that by his/h-zOW&ir signature,() on the instrument the personX, or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SIMONE BASSO is true and correct. Notary Public - California San Bernardino County WITNESS my hand and official seal. � ,� r Commission # 2164524 My Comm. Ex Pros Oct 9, 2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s Signer's Name: Y1 1a6 LCSX A- !�I ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THE The Guarantee Company of North America USA GUARANTEE® Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Millennium Corporate Solutions, LLC William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Richard Leroy Adair its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,, contracts of indemnity and otherwritings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 5th day of December 2011. of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such Signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and prNice<1 its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. THE GUARANTEE COMPANY OF NORTH AMERICA USA R')+AMERr+� STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said :+��"'• Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee i `� �• Notary Public, State of Michigan Company of North America USA offices the day and year above written. •vim County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. k0aRrkT�r., o IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of April 2017 b� G � � R] AI.rEp'� �.. Randall Musselman, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11$9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On r' 2 0 before me, Date personally appeared William Syrkin Corinne L: Hernandez, Notary Public Here Insert Name and Title of the Officer Name ?of Signer who proved to me on the basis of satisfactory evidence to be the person¢ whose name(s� isfare subscribed to the within instrument and acknowledged to me that heL%he/##ey executed the same In his/hurltbsirauthorixed capacity(ies), and that by hisftrl14eir signatureT4 on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. CORINNE L. rliERHANDEZCommission 2083563 z° .� Notary Public - California a s Los Angeles County My Comm. Expires Sep 27, 2018 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE5So my and and ff;c I eal. Signa# re r Signature of Notary Pu lic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Corporate Officer — Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual n Attorney in Fact FI Trustee ❑ Guardian or Conservator ❑ Other: Slaner Is Representina:. �i bl i 01r1 0 Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNot.ary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907