2014 - 32879 Lennar Homes of California, Inc SIA Off- & On-Site ReplacementCity of La Quinta
CITY COUNCIL MEETING: September 17, 2019
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO
COMPLETE ON-SITE IMPROVEMENTS FOR GRIFFIN RANCH RESIDENTIAL
DEVELOPMENT (TRACT MAP NO. 32879) LOCATED AT THE SOUTHEAST
CORNER OF AVENUE 54 AND MADISON STREET
RECOMMENDATION
Adopt a resolution to approve time extension to complete on-site
improvements as specified in the Replacement Subdivision Improvement
Agreements for Tract Map No. 32879, Griffin Ranch, to September 1, 2020.
EXECUTIVE SUMMARY
•Griffin Ranch is a residential development located at the southeast
corner of Avenue 54 and Madison Street (Attachment 1).
•Lennar Homes of California, Inc. (Developer) has requested a time
extension to the Replacement Subdivision Improvement Agreements to
complete the on-site improvements.
•Sufficient bonding exists to ensure completion of the remaining on-site
improvements.
FISCAL IMPACT
There is no fiscal impact to the City. The Developer posted sufficient bonds to
guarantee construction of the on-site improvements.
BACKGROUND/ANALYSIS
On November 19, 2013, Council approved the Replacement Subdivision
Improvement Agreements for the Griffin Ranch residential development.
There are twenty vacant lots surrounding the Merv Griffin home (Estates Lots)
that were rough graded, but no improvements have been constructed. The
Estates Lots are not owned by the Developer but the Developer provided the
bonds. Other remaining on-site improvements include the final lift of street
paving in the northeast area, landscaping, and dry utilities.
CONSENT CALENDAR ITEM NO. 9
NO.
125
In a letter dated August 12, 2019, Developer requested a time extension to
September 1, 2020 to contact the owner of the Estates Lots to determine the
most efficient way to satisfy the on-site improvements for the twenty lots and
to complete the other remaining on-site improvements (Attachment 2).
In a letter (Attachment 3) from the Griffin Ranch Streets Improvement
Committee (Committee), they informed the City about their concerns
regarding the condition of the private streets within Griffin Ranch. City staff
has answered questions and provided documents as requested by the
Committee. Since the Committee indicates they have been in construct ive
dialogue with the Developer, staff recommends approval of the time extension
to allow time for the Committee and the Developer to reach a resolution and
complete the remaining on-site improvements.
ALTERNATIVES
Council may elect not to approve this time extension.
Prepared by: Bryan McKinney, P.E., City Engineer
Approved by: Danny Castro, Design and Development Director
Attachments: 1. Vicinity Map
2. Letters from Lennar Homes dated August 12, 2019
3. Letter from Stuart Hellebrand dated September 3, 2019
126
RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, GRANTING
EXTENSION OF TIME TO SEPTEMBER 1, 2020,
FOR THE COMPLETION OF THE ON-SITE
IMPROVEMENTS AS SPECIFIED IN THE
REPLACEMENT SUBDIVISION IMPROVEMENT
AGREEMENTS FOR TRACT MAP NO. 32879,
GRIFFIN RANCH
WHEREAS, the City Council approved the Replacement Subdivision
Improvement Agreements (SIA) for Tract Map No. 32879, on November 19,
2013; and
WHEREAS, Section 6. Completion of Improvements, of the approved
SIA requires that the developer begin construction of the improvements
within ninety days and complete the construction within twelve months after
the approval of the Agreements; and
WHEREAS, failure by the developer to complete construction of the
on-site improvements by October 4, 2017 shall constitute cause for the City,
in its sole discretion and when it deems necessary, to declare the Subdivider
in default of the approved agreements; and
WHEREAS, Section 8. Time Extension, of the approved SIA allows
for, at the City Council’s sole and absolute discretion, an extension of time
for completion of the improvements with additions or revisions to the terms
and conditions of the Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The time for the completion of the on-site improvements as
required by the approved SIA is extended to September 1, 2020.
SECTION 2. The time extension for completing the on-site improvements
shall expire when City offices close for regular business on September 1,
2020 if the installation of the on-site improvements has not been completed.
SECTION 3. The provided security amount as required in the approved SIA
is satisfactory. No additional securities are required.
127
Resolution No. 2019-
Tract Map No. 32879 – Time Extension
Adopted: September 17, 2019
Page 2 of 2
SECTION 4. All other terms, responsibilities and conditions as listed in the
approved SIA shall remain in full force and effect.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 17th day of September 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
128
V I C I N I T Y M A P
NOT TO SCALE
TM 32879 GRIFFIN RANCH
ATTACHMENT 1
129
Griffin Ranch - Subdivision Improvements
Crry of LA QUINTA
REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 32879
ON -SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and
entered into this 17th day of Tanuary, 2014,
WIS, by and between Lennar Homes of California, Inc. a California corporation hereinafter referred to as
"Builder," and the City of La Quints, a municipal corporation of the State of California, hereinafter referred
to as "City."
RECITALS:
A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the
requirements and conditions contained in City Council Resolution No. 2005-006 (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.
B. On or about January 16, 2006, Builder's predecessor in interest, Griffin Ranch, LLC and McComic-
Griffin, LLC ("Original Subdivider"), entered into the original Subdivision Improvement Agreement for
the above -references subdivision.
C. The Original Subdivider has constructed certain of the improvements ("Installed Improvements")
required pursuant to the Resolution of Approval, but that those improvements have not yet been
accepted by the City.
D. Builder has agreed to install the remaining public and private improvements (the "Remaining
Improvements") associated with this tract map.
E. The Remaining Improvements have not been installed and accepted at this time.
F. The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter
as "the Improvements."
G. It is therefore necessary that Builder and City enter into an agreement for the installation of the
Remaining Improvements, and any final work needed in order for the Installed Improvements to be
accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and
complete, at Builder's own expense, all the remaining public improvement work required by City in
connection with the proposed Tract. Builder 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. Builder 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. Builder shall construct the Improvements required to be constructed 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. Builder shall at all times guarantee Builder'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:
I of
A. One class of security to be provided by Builder, hereinafter referred to as "performance security,'
shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Builder's fair share of Improvements which have been or will be
constructed by others ("Participatory Improvements"), and payment of plan check and permit
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 Builder, 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 Builder, 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. Builder shall furnish performance and payment security
prior to permit issueance. Builder shall provide warranty security after Improvements are
complete and prior to the City Council acceptance of the Improvements. Warranty security shall
not be required for Private Improvements, 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 Builder's expense
through an appraisal approved by City.
2a9
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.
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, Builder shall pay to City administrative fees applicable to the
form of security provided. 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 3.6., 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, Builder 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 Builder, or until Builder pays to City the estimated cost of the
Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder'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, Builder shall deposit cash with City in lieu of or in replacement of
security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30
days of the date of the written demand from City, City may present a written demand to Builder's
Surety for payment of said cash and Builders 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:
3d9
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 Builder. 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 Improvements. 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 Builder of Builder'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 Builder 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, Builder 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 Builder or City, Builder shall use its best
efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful,
despite its best efforts, to acquire such real property at a reasonable price, Builder 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 Builder. If City so agrees, City and Builder shall
enter a separate written agreement in a form acceptable to the City Attorney. Said separate
agreement shall provide that Builder 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 Builder. Any additional funds required for acquisition of the real property shall be paid by
Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of
Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder's obligation
to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
6. Completion of ImprovementS7 Inspection
6.1 Construction of Improvements. Builder 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 Builder 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 Builder in default of this agreement, to revise improvement
security requirements as necessary to ensure completion of the improvements, and/or to require
am9
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 Builder's obligations hereunder.
6.2 Inspection. Builder 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 Builder 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. Builder shall bear all costs
of plan check, inspection and certification.
7. Force Maieure. In the event that Builder is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by
such events will be extended by the period of such events.
8. Time Extension. Builder 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, Builder 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, Builder shall place survey
monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Builder 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, Builder shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Builder'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 Builder has provided revised plans as required in Paragraph 12, hereinafter,
the City Engineer shall recommend acceptance of the Improvements by the City Council.
it. Inoury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Builder 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, Builder 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 Builder.
5do
12. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Builder 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. Builder 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 Builder fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Builder 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 Builder fail to act promptly or in accordance with this requirement,
Builder hereby authorizes City, at City's sole option, to perform the work twenty (20) days after
mailing written notice of default to Builder 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 Builder can be notified, City may, in its sole discretion, make the necessary repairs or
replacement or perform the necessary work and Builder 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
Builder 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 Builder 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 Builder 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. In6ury to Public Improvements Public Property or Public Utility Facilities. Builder 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. Builder 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 Builder,
its agents or employees in the performance of this Agreement. Builder 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 Builder, 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 Builder 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, Builder shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Builder 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 Builder 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. Builder No Agent of Citv. Neither Builder nor any of Builder's agents, employees, or contractors are
or shall be considered to be agents of City in connection with the performance of Builder'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.
sae
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: Cityof La Quinta
78-495 Calle Tampico
La Quinta, C4,92253
780177 7
ran J. evaVak, City Manager
Susan Maysels, City Clerk
BUILDER: Lennar Homes of California, Inc.
Lennar, Inland Region
980 Montecito Drive, Suite 302
Corona, CA 92879
By:_
Title:
By:
Title:
Vice President
aue
Mark Torres, Vice President
Ero-nodox"TOP0112
Date
Date
Date
Revi wed and pproved:
�r
City ngine Date
Approved as to Form:
SONED IN COUNTERPART
City Attorney
Date
Bme
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.
78-495 Calle Tampico
La Quinta, CA 92253
7601777-7075
SIGNED IN COUNTERPART
Frank J. Spavaoek, City Manager
ATTEST:
SIGNED IN COUNTERPART
Susan Maysels, City Clerk
BUILDER: Lennar Homes of California, Inc.
Lennar, Inland Region
980 Montecito Drive, Suite 302
Corona, CA 92879
Date
Date
Title: Te frey I'. Clemens, Vice President
Title:
Mark Torres, Vice President Date
Revi wad and pproved:
City ngine
Date
Date
ems
Exhibit A
SECURITY- TRACT MAP NO. 32879
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, Builder 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 Improvements and shall not reduce total performance security below the
amount necessary to complete the Remaining 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
Site Preparation
$
152.775
Rough Grading IPM-10
$
243,490
Storm Drain
$
636,995
Sanitary Sewer
$
315,320
Potable Water
$
493,758
Street Improvements
$
1,213,651
Fencing and Walls
$
19,290
Landscaping
$
544,520
Gate
$
75,000
Dry Utilities
$
220,000
Totals
$ 3,914,799
Standard 10% Contingency
$
470,976
Professional Fees, Design 5%
$
195,740
Professional Fees, Cons! 10%
$
391,480
Bond Amount $ 4,972,995
Labor & Materials
90f9
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Mark Torres, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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 ha6dVnd official seal.
Signature (Seal)
My Commission expi s October 23, 2015
SHERRY AIWORTH
Commission # 1957861
016,
Notary Public - California DZOrange County
My Comm. Expires Oct 23. 2015
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Jeffrey T. Clemens, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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: ,, d and offcial seal.
Signature /�C (Seal)
My Commission expires October 23, 2015
SHERRY ALWORTH
Commission # 1957861
<.-,e Notary Public - California z
Z,..
Z Orange County >
My Comm. Expires Oct 23, 2015'
Griffin Ranch
Tract No. 32879
Onsite and Offsite Improvements Bond Estimate
December 31, 2013
Pape 2
Griffin Ranch
Tract No. 32879
Onsite and Offsite Improvements Bond Estimate
December 31, 2013
OWSITEJMP.ROVEMENTS',;;; .
`t-
SiteUNI
QUANTITY:;..:^
xTOTALCOSTCleadn
and Grubbin
AC
85
0$
25 600.00
Debds Removal
AC
1.5
0
$ 4 500.00
Removal Existin Landsca a
SF
29110
0
Fil
$ 29110.00
Removal Existin AC Pavement
SF
30 310
0
$ 45 465.00
Pads with 0"3"Brush Removal
AC
7
0
$ 3 500.00
Pads with 3%9'Brush Removal
AC
43
0
$ 25 800.00
Pads with 6"+ Brush Removal
AC
27
0
$ 18 900.00
Site Preparatlo .Total- "`
+='$
--"152775.00`
ROUGH GRADING " '
'.,
Gradm ��
UNI
QUANTITY
ST, V 'UNIT CO
TOTAL �:
Lot Finish Includes Construction Water
AC
7
$ 1.500.00
$ 10600.00
Street Finish - Intract
SF
221.376
$ 0.12
$ 26 565.00
Compliance with SWPPP/PM10
LS
1
$ 149 500.00
$ 149 500.00
Monumentabon
LS
1
$ 56 925.00
$ 56 925.00
SuMots Ijbir,11660h Greding>-1 r 'r�
s�:
';
`, i_`.:�
$.` r�243'490b0i
STORM DRAIN -SYSTEM .:' '', - .
"'✓.
�,
-
Storm Drain'. _„
UNII
QUANTITY
, :UNITCOST
TOTAL
18 inch HDPE Pipe
LF
1 460
$ 65.00
$ 94 900.00
24 inch HDPE Pipe
LF
130
$ 100.00
$ 13 000.00
30 inch HDPE Pipe
LF
85
$ 125.00
$ 10 625.00
36 inch HOPE Pie
LF
485
$ 150.00
$ 72 750.00
42 inch HOPE Pie
LF
240
$ 175.00
$ 42 000.00
Manhole 48 inch Diameter
EA
7
$ 4,000.00
$ 28 000.00
Manhole Adjust to Grade
EA
6
$ 550.00
$ 3,300.00
18 inch x 6 inch HOPE Cieanout
EA
1
$ 750.00
$ 750.00
Catch Basin W=7"
EA
2
$ 5.500.00
$ 11 000.00
Catch Basin W=8"
EA
2
$ 6.000.00
$ 12,000.00
Catch Basin W=10"
EA
2
$ 7.000.00
$ 14 000.00
18" Outlet Structure
EA
4
$ 5,000.00
$ 20 000.00
42" Outlet Structure
EA
2
$ 12 000.00
$ 24.000.00
48" Outet Structure
EA
1
$ 15 000.00
$ 15 000.00
N Test and Clean Existing Pipes
LF
10635
$ 2.00
$ 21,270.00
24" X 24" Drop Inlet
EA
2
2,200.00
4,400.00
Maxwell Plus Drainage System
EA
9
$ 25 000.00
$ 225 000.00
Well Site No. 7 Discha a Gmvel PIT
LS
1
$ 25 000.00
$ 25 000.00
_SirMotal for Stdrm Drain':>`
$` "638995.00
SANITARY, SEWER,'SYSTEM.
_
Sewer
UNI
UNIT,COST `,
TOTAL
8"VCP Pi
LF
35.00
$ 152.600.00
Manhole 48"Diameter
EA
M20,535
4000.00
$ 64000.00
Manhole Adjust to Grade
EA
550.00
$ 3 300.00
Sewer Encasement
LF
300.00
12000.00
PVC Sewer Laterals
EA750.00
$ 41 250.00
Remove Plu and Join Existin
EA
1 10"0
$ 1100.00
N TastndCleaExistin Lines
LF
2.00
$ 41 070.00
subfotal foi:8anite SevreC'"
"_�"
v
$� -:: $1!'s320:00
Pace 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On JAN 17 2014 before me, Kathy R. Mair, Notary Public
DATE [Name of Notary Public and Tine "Notary Public"]
personally appeared Mechelle Larkin -------------------------------------
[Name(s) of Signer(s))
who proved to me on the basis of satisfactory evidence to be the personw whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/th" executed the same
in his/her/ih& authorized capacitykies), and that by his/her/th& signature(s) on the instrument
the person (s), or the entity upon behalf of which the person(-e) 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.
----------------
KATHY R. MAIR
Commission # 2021597 Ill
i a
llotary Public - California sZOrange County
My Comm. Expires May 22, 2017 r
(Seal)
WITNESS my hand and official seal.
SignaCe 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
Signer's Name: Mechelle Larkin
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —El Limited ❑ General
® Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
thumb
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Jeffrey T. Clemens, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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 my4i4nd and official seal.
Signature V (Seal)
My Commission expires October 23, 2015
SHERRY ALWORTH
' Commission # 1957861
` .
z � ., Notary Public •California i
Orange County >
My Comm. Expires Oct 23, 2015'
ACKNOWLEDGMENT
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 �1
County of
On before me, YL�bl�
pp.. (insert name and title of the b cer)
personally appeared IW
who proved to me on the basis of satisfactory ,vide ce to &N)e the person whose nameod is!
subscribed to the within instrument and acknowledged to me that he/sl;eAhey executed the same in
hislhed%k 'r authorized capacity), and that by his/h�Nth>`ir signature� on the instrument the
persoroor the entity upon behalf of which the person acted, exec'fitedf the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
o. JODE ATHA
WITNESS my hand and official seal. ; a NotaryPUbliC- Californla
}riverside County
Commission # 2230896
nll I ` My Comm. Expires Feb 11. 2022
Signature
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 Orange )
On NOV 01 2019 before me, Kathy R. Mair, Notary Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared MyHua---------------------------------------------,
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(o whose names} is/a-re
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/th& authorized capacity(ies), and that by hi-s/her/the# signature(s} on the instrument
the person(s}, or the entity upon behalf of which the person(o 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.
KATHY R. MAIR
Notary Public - California
a.x-� . " Orange County z
Commission # 2193966 r
My Comm. Expires May 22, 2021
Place Notary Seal Above
WITNESS my hand and official seal.
OPTIONAL
V+� c
Signs re of tary Public
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: My Hua
Number of Pages:
Signer's Name.
❑
Corporate Officer — Title(s):
[]
❑
Partner— ❑ Limited ❑ General
❑
❑
Individual ® Attorney -in -Fact
❑
❑
Trustee ❑ Guardian or Conservator
❑
❑
Other:
❑
Corporate Officer — Title(s).
Partner — ❑ Limited ❑ General
Individual ❑ Attorney -in -Fact
Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing: Signer is Representing:
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
(Ji
a)
a)
c
_ N
aCU
a) �
L t�
L) a)
0-
a) _
a) ca
0
O a)
do
O a))
C (tt
M V7
M
Cn
E
O L
Z L)
Liberty
Alutual
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8197170-024017
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Tenzer V
Cunningham; Kari Davis; Martha Gonzales; My Hua; Mechelle Larkin; Kathy R Mair; Joaquin Perez; Brenda Wong
all of the city of Los Angeles state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 23rd day of October , 2018
Liberty Mutual Insurance Company
L INSU �11 INSlrr� a tNSuip The Ohio Casualty Insurance Company
�yyP`oppot?" 0 y`�P�oRPQaat�4y GP�aRP0�rq�n West American Insurance Company
.7 ❑ tq .Pr:
7
15 19 0o y1919�0 1991�
By:
David M. Carey, Assistant Secretary
State of PENNSYLVANIA
County of MONTGOMERY
On this 23rd day of October , 2018 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
PAS
'Q.t' ��nrrwE rC. .COMMONWEALTH OF PENNSYLVANIA
G45 ��w y Notarial Seal
v� Teresa Pastella, Notary Public
Upper MerionTwp , Montgomery County By:
My Commission Expires March 28, 2021
Member, Pennsylvania Association of Notaries
Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked. 11
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of NOV
O 1 2019
v iS3su� - IlYgL 1NSO.
onvorGr If 4P�onPaR,fgL
1912F n o 1919�❑ ,�, 1991 �❑ �� �aGy.—
O
�,,�,�„usw� as so y�My,H �b !s �NpIANh da By. Renee C. Llewellyn, Assistant Secretary
— I—
U W
aE
a1 a
s`
Qo
M
Q �
C
E
❑ co
a- O
Vi O
L M
v ate)
�o
m�
N
EN
Ce)
C
0 O
U�
0_
LMS-12873 LMIC OCIC WAIC Multi Co 062018
CERTIFICATE OF ASSISTANT SECRETARY
LENNAR HOMES OF CALIFORNIA, INC.
AUGUST 1, 2017
The undersigned, Sandra Leyva, as the duly elected, qualified and acting Assistant
Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the
"Corporation"), hereby certifies that:
1. Attached hereto as Exhibits A and B are true, correct and complete copies of the
Certificate of Incorporation and the Bylaws of the Corporation, respectively, and
there have been no amendments or modifications thereto as of the date hereof.
2. Attached hereto as Exhibit C are true, correct and complete copies of certain
resolutions duly and unanimously adopted by the Board of Directors of the
Corporation by Written Consent, dated June 28, 2006. Such resolutions have not
been amended or repealed and remain in full force and effect.
3. MARK TORRES is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on January 5, 2007. He is incumbent
in such office as of the date hereof and is authorized to sign documents on behalf of
the Corporation.
4. JEFF CLEMENS is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on June 26, 2006. He is incumbent in
such office as of the date hereof and is authorized to sign documents on behalf of the
Corporation.
5. GEOFFREY SMITH is a duly elected Vice President of the Corporation, serving
continuously in such capacity since his election on January 7, 2015. He is incumbent
in such office as of the date hereof and is authorized to sign documents on behalf of
the Corporation.
[Signature Page Follows]
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant
Secretary on behalf of the Corporation effective as of the date first written above.
4amndrayv4AssfWtant, Secretary
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Sworn to and subscribed before me this I't day of August 2017, by Sandra Leyva,
Assistant Secretary of Lennar Homes of California, Inc., a California corporation, on behalf of
the Corporation. She is personally known to me and did not take an oath.
CHARLES GAMBLE
MY COMMISSION t; GG 037920
EXPIRES: November?, 2020
Carded Thru Notary PubCc Underw ten
NOTARY PUBLIC
MIAM12109524.3 7239326094 2
Griffin Ranch - Estate Lots
CITY or LA QUINTA
REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 32879
ON -SITE IMPROVEMENTS
THIS REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and
entered into this 17th day of January, 2014
Ift by and between Lennar Homes of California, Inc. a California corporation hereinafter referred to as
"Builder," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred
to as "City."
RECITALS:
A. A final map of the Tract has been approved and recorded subject to the Subdivision Laws and to the
requirements and conditions contained in City Council Resolution No. 2005-006 (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.
B. On or about January 16, 2006, Builder's predecessor in interest, Griffin Ranch, LLC and McComic-
Griffin, LLC ("Original Subdivider"), entered into the original Subdivision Improvement Agreement for
the above -references subdivision.
C. The Original Subdivider has constructed certain of the improvements ("Installed Improvements")
required pursuant to the Resolution of Approval, but that those improvements have not yet been
accepted by the City.
D. Builder has agreed to install the remaining public and private improvements (the "Remaining
Improvements") associated with this tract map.
E. The Remaining Improvements have not been installed and accepted at this time.
F. The Installed Improvement and the Remaining Improvements are referred to collectively hereinafter
as "the Improvements
G. It is therefore necessary that Builder and City enter into an agreement for the installation of the
Remaining Improvements, and any final work needed in order for the Installed Improvements to be
accepted. Builder desires to enter into this Agreement, whereby Builder promises to install and
complete, at Builder's own expense, all the remaining public improvement work required by City in
connection with the proposed Tract. Builder 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. Builder 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. Builder shall construct the Improvements required to be constructed 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. Builder shall at all times guarantee Builder'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:
me)
A. One class of security to be provided by Builder, hereinafter referred to as "performance security,"
shall assure the faithful performance of this Agreement including construction of the
Improvements, payment of Builder's fair share of Improvements which have been or will be
constructed by others ("Participatory Improvements"), and payment of plan check and permit
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 Builder, 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 Builder, 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. Builder shall furnish performance and payment security
prior to permit issueance. Builder shall provide warranty security after Improvements are
complete and prior to the City Council acceptance of the Improvements. Warranty security shall
not be required for Private Improvements, 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 Builder's expense
through an appraisal approved by City.
ewe
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.
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, Builder shall pay to City administrative fees applicable to the
form of security provided. 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, Builder 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 Builder, or until Builder pays to City the estimated cost of the
Participatory Improvements, and shall guarantee the reimbursement by Builder of Builder'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, Builder shall deposit cash with City in lieu of or in replacement of
security guaranteeing Participatory Improvements. If Builder fails to deposit said cash within 30
days of the date of the written demand from City, City may present a written demand to Builder's
Surety for payment of said cash and Builder'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:
3me
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 Builder. 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 Improvements. 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 Builder of Builder'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 Builder 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, Builder 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 Builder or City, Builder shall use its best
efforts purchase such real property at a reasonable price. In the event that Builder is unsuccessful,
despite its best efforts, to acquire such real property at a reasonable price, Builder 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 Builder. If City so agrees, City and Builder shall
enter a separate written agreement in a form acceptable to the City Attorney. Said separate
agreement shall provide that Builder 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 Builder. Any additional funds required for acquisition of the real property shall be paid by
Builder to City upon the conveyance of said real property to Builder. In no event shall the failure of
Builder or City to acquire such real property excuse, waive, or otherwise terminate Builder'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. Builder 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 Builder 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 Builder in default of this agreement, to revise improvement
security requirements as necessary to ensure completion of the improvements, and/or to require
4cf9
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 Builder's obligations hereunder.
6.2 Inspection. Builder 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 Builder 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. Builder shall bear all costs
of plan check, inspection and certification.
7. Force Maieure. In the event that Builder is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Builder's control, the time limits for obligations affected by
such events will be extended by the period of such events.
8. Time Extension. Builder 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, Builder 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, Builder shall place survey
monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act
and of the La Quinta Municipal Code. Builder 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, Builder shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Builder'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 Builder 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, Builder 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, Builder 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 Builder.
5d9
12. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Builder 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. Builder 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 Builder fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Builder 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 Builder fail to act promptly or in accordance with this requirement,
Builder hereby authorizes City, at City's sole option, to perform the work twenty (20) days after
mailing written notice of default to Builder 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 Builder can be notified, City may, in its sole discretion, make the necessary repairs or
replacement or perform the necessary work and Builder 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
Builder 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 Riaht to Cure. If Builder 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 Builder 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. Builder 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. Builder 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 Builder,
its agents or employees in the performance of this Agreement. Builder 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 Builder, 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.
6W9
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 Builder 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, Builder shall
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Builder 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 Builder 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. Builder No Aaent of Citv. Neither Builder nor any of Builder's agents, employees, or contractors are
or shall be considered to be agents of City in connection with the performance of Builder'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.
]M9
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
I
City Manager agar Dat 1 f
4MO &' 241
Susan Maysels, City Clerk Date
BUILDER: Lennar Homes of California, Inc
Lennar, Inland Region
980 Montecito Drive, Suite 302
Corona, CA 92879
951- 98
By:
Title:
Title:
Date ;a•.
Jeffrey . Clemens, Vice President
Date
Mark Torres, Vice President
Revi�
y
ed and Approvebity-ad:
�l�l►�
Date
gine
IJ
Approved as to Form:
SMED IN COUNTERPART
City Attorney Date
8 of
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.
78-495 Celle Tampico
La Quints, CA 92253
760/777-7075
SIGNED IN COUNTERPART
Frank J. Spevacek, City Manager
ATTEST:
SIGNED IN COUNTERPART
Susan Maysels, City Clerk Date
BUILDER: Lennar Homes of California, Inc.
Lennar, Inland Region
980 Montecito Drive, Suite 302
Corona, CA 92879
951- a $86
Date
Title: Jeffrey Y.00clemens, Vice President
By
rlae:
Mark Torres, Vice President Date
Revie ed and Approved: I
NVOgine Date
sole
Exhlblt A
SECURITY —TRACT MAP NO.32879
ONSITEIMPROVEMENTS
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, Builder 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 Improvements and shall not reduce total performance security below the
amount necessary to complete the Remaining 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
20 Estates Lots
Site Preparation
$
21,000
Rough Grading / PM-10
$
53,131
Storm Drain
$
11,130
Sanitary Sewer
$
13,030
Potable Water
$
600
Street Improvements
$
209,625
Fencing and Walls
$
28,700
Landscaping
$
497,750
Totals
$
834,966
Standard 10% Contingency
$
83,497
Professional Fees, Design 5%
$
41,748
Professional Fees, Const 10%
$
83,497
Bond Amount $ 1,043,708
Labor & Materials
aas
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Jeffrey T. Clemens, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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�!hari4 and official seal.
Signature f l /U� (Seal)
My Commission expires October 23, 2015
SHERRY ALWORTH
Commission # 1957861
a:ao Z
z
•�,� d 'Notary Public -California =
Orange County
M Comm. Expires Oct 23.2015
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Mark Torres, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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_ 1d and official seal.
Signature \ (Seal)
My Commission a res October 23, 2015
_ SHERRY ALWORTH
Commission # 1957661
a ,41 ' Notary Public - California >
ZPi-� ' Orange County
My Comm. Expires Oct 23, 2015!
�i`pt`r�r
GRIFFIN RANCH COST TO COMPLETE SUMMARY
SITE PREPARATION
QUANTITY
UNIT
UNIT PRICE
TOTAL COST
$300.00
$6,000.00
CLEARING AND GRUBBING 20 AC
DEBRIS REMOVAL
2
AC
$3,000.00
$6,000.00
PADS WITH 0'-3' BRUSH REMOVAL
18
AC
$500.00
$9,000.00
SITE PREPARATION TOTAL
$21,000.00
ROUGH GRADING
QUANTITY
UNIT
UNIT PRICE
TOTALCOST
LOT FINISH (INCLUDES CONSTRUCTION WATER)
3
AC
$1,500.00
$4,500.00
STREET FINISH - INTRACT
71,925
SF
$0.12
$8,631.00
COMPLIANCE WITH SWPPP/PM10
1
LS
$40,000.00
$40,000.00
ROUGH GRADING TOTAL
$53,131.00
STORM DRAIN SYSTEM
QUANTITY
UNIT
UNIT PRICE
TOTALCOST
MANHOLE ADJUST TO GRADE
4
EA
$550.00
$2,200.00
TV TEST AND CLEAN EXISTING PIPES
3,365
LF
$2.00
$6,730.00
24" X 24" DROP INLET
1
EA
$2,200.00
$2,200.00
STORM DRAIN SYSTEM TOTAL
$11,130.00
SANITARY SEWER SYSTEM
QUANTITY
UNIT
UNIT PRICE
TOTAL COST
MANHOLE ADJUST TO GRADE
10
EA
$550.00
$5,500.00
TV TEST AND CLEAN EXISTING LINES
3,765
LF
$2.00
$7,530.00
SANITARY SEWER SYSTEM TOTAL.
$13 030.00
POTABLE WATER DISTRIBUTION SYSTEM
QUANTITY
UNIT
UNIT PRICE
TOTALCOST
VALVES ADJUST TO GRADE
3
EA
$200.00
$600.00
POTABLE WATER DISTRIBUTION SYSTEM TOTAL
$600.00
STREET IMPROVEMENTS -ASPHALT
QUANTITY
UNIT
UNIT PRICE
TOTALCOST
3" AC PAVEMENT OVER 4.5" CLASS 2 AGGREGATE BASE
64,500
SF
$3.25
$209,625.00
STREET IMPROVEMENTS - ASPHALT TOTAL
$209,625.00
FENCING AND WALLS
QUANTITY
UNIT
I UNIT PRICE
TOTALCOST
CMU RETAINING WALL 0'-6' TALL
410
LF
$70.00
$28,700.00
FENCING AND WALLS TOTAL
$28,700.00
LANDSCAPING
PARKWAY LANDSCAPING - INTRACT
99,550
SF
_ $5.00
$497,750.00
ESTATE LOTS IMPROVEMENTS TOTAL
$834,966.00
ESTATE LOTS IMPROVEMENTS TOTAL WITH 10% CONTINGENCY jZXT ,,Wk,,
$918,462.60
S%CONTINGENCY FOR DESIGN -01911
$41,748.35
30%CONTINGENCY FOR CONSTRUCTION MANAGEMENT I No. 43880
$83,496.60
TOTAL BOND AMOUNT 20 ESTATE LOTS
$1,043,707.50
sl cip e�'
qTf OF r,at
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On JAN 171014 before me, Kathy R. Mair, Notary Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared Mechelle Larkin -------------------------------------
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/" executed the same
in kris/her/their authorized capacity#es), and that by #is/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the personal 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.
KATHY R. MAIR
Commission # 2021597
i '-u Notary Public - California i
z Orange County
My Comm. Expires May 22, 2017 —
(Seal)
WITNESS my hand and official seal.
crn pppp��n
Signature of N ary Public
------------------------------------------ --- OPTIONAL ------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Mechelle Larkin
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner— ❑ Limited ❑ General
® Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Jeffrey T. Clemens, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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.
WITNESSAmyandjanofficial seal.
Signature (Seal)
My Commission expires October 23, 2015
SHERRY ALWORTH
Commission # 1957861
Notary Public - California
Orange County
My Comm. Expires Oct 23. 20151
taQ"fra
(Al IFORNIA
MEMORANDUM
Date: November 8, 2019
To: Monika Radeva, City Clerk
From: Amy Yu, Associate Engineer
Re: Reduction Bond Rider, Tract Map 32879, Griffin Ranch On -Site Improvements
Please attach the new reduction bond rider to the existing performance bond for TM 32879.
Please find enclosed the new reduction bond rider (reduced amount) which will secure the
completion of the remaining improvements.
The amounts and addresses to the developer and the surety company are as follows:
TRACT No. 32879
Performance
Reduced
Bond Number
Security
Performance
Amount
024053953
$4,972 995
$1 781,362
Developer: Ms. Carey Adams
Lennar Homes of California, Inc.
980 Montecito Drive, Suite 302
Corona, CA 92879
Surety: Liberty Mutual Insurance Company
790 The City Drive, Suite 200
Orange, CA 92868
Attn: Jim Hume
(714)634-5723
If you have any questions, please contact me at extension 7047.
Thank You.
CALIFORNIA
ON -SITE IMPROVEMENTS
Performance Security
Improvement Description
Labor &
Materials 1
Original
Amount
15t Partial
Reduction
Percent
1st Partial
Reduction
Amount
Site Preparation
$152,775
90%
$15,278
Rough Grading / PM-10
-
$243,490
65%
$85,222
Storm Drain
-
$636,995
90%
$63,700
Sanitary Sewer
-
$315,320
90%
$31532
Potable Water
-
$493 758
90%
$49,376
Street Improvements
-
$1 213,651
0%
$1 213,651
Fencing and Walls
-
$19 290
90%
$1 929
Landscaping
-
$544 520
70%
$163,356
Gate
-
$75 000
90%
$7 500
Dry Utilities
$220,000
80%
$44 000
Standard 10% Continqency
$470 976
90%
$47,098
Professional Fees Design 5%
-
$195 740
90%
$19 574
Professional Fees, Construction 10%
-
$391,480
90%
$39,148
Totals
-
4 972 995
--
$1,781 362
LIEFMIMAK�
980 Montecito Drive, Suite 302
Corona, CA 92879
To: City of La Quinta — Amy Yu, Associate Engineer
Date: 11/06/19
From: Carey Adams — Lennar Homes
RE: T#32879 Griffin Ranch
Package includes the following:
Bond # 024053953 — Bond Rider
Best R rds,
C!
Carey Ad s
Project Coordinator
Phone: (951) 817-3552
Cell: (951) 903-8732
Email: carey.adams@lennar.com
Transmittal
SURETY RIDER
To be attached to and form a part of
Bond No. 024053953
Griffin Ranch, Tract 32879
dated 1/17/2014
effective
(MONTH -DAY -YEAR)
executed by Lennar Homes of California, Inc. as Principal,
(PRINCIPAL)
and by Liberty Mutual Insurance Company as Surety,
in favor of City of La Quinta
(OBLIGEE)
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
The Bond Amount to:
One Million Seven Hundred Eighty-one Thousand Three Hundred Sixty-two And No/100 ($1,781,362.00)
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider
is effective 10/10/2019
(MONTH -DAY -YEAR)
Signed and Sealed 11/1/2019
(MONTH -DAY -YEAR)
Lennar Homes of California, Inc., a California corporation
(PRINCIPAL)
By:
(PRINCIPAL) Rawl smft. It;G fr[hklolt
Liberty Mutual Insurance Company
(suRE
By::: V
My H , Attorney -in -tract
S-0443/GEEF 10/99
Executed in Duplicate Bond No. 024053953
Premium: $22,378.00 per annum
SUBDIVISION IMPROVEMENTS
Tract Map No. 32879 Griffin Ranch
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No.
32879 , prior to installation of certain designated public improvements required by the Conditions
of Approval for the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City, of La Quinta, State of California, and
_Lennar Homes of California. Inc. hereinafter designated as ("principal') have entered into an
agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated .20 , and
identified as Tract Map No. 32879 is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond
for the faithful performance of said agreement.
Liberty Mutual
Insurance Company NOW, THEREFORE, we, the principal and
_, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the
penal sum of Four Million, Nine Hundred Seventy Two Thousand Nine Hundred Ninety Five &
00/100 DOLLARS ($_4,972.995.00 ) 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
attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed 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 January 1' 20 14
(Seal)
(Seal)
Lennar of California, Inc. , a California corporation
Prin ' al
ignat of Principal — Jeffrey T. Clemens
Vice President
Liberty Mutual Insurance Company
Surety fa�L I
Signature ol Surety
Mechelle Larkin, Attorney -in -Fact
Title of Signatory
Liberty Mutual Insurance Company
790 The City Drive
Suite 200
Orange, CA 92868
Address of Surety
714-634-5723
Phone # of Surety
Jim Hume
Contact Person For Surety
Executed in Duplicate Bond No. 024053952
Premium: $4,697.00 per annum
SUBDIVISION IMPROVEMENTS
Tract Map No. 32879 Griffin Ranch — 20 Estate Lots
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map forTract Map No.
32879 , 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
Lennar Homes of California. Inc, hereinafter designated as ("principal") have entered into an
agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated .20 and
identified as Tract Map No. 32879 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.
Liberty Mutual NOW, THEREFORE, we, the principal and
Insurance Companyas surety, are held and firmly bound unto the City of La Quinta hereinafter called {"City'), in the
penal sum of One Million, Forty Three Thousand, Seven Hundred and Eight & 00/100 DOLLARS
($1.043.708.00) 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
attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed hereunder or the
specifications accompanying the same shelf 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 January 1`/ 20 14
(Seal)
(Seal)
Lennar Homes of California, Inc. , a California corporation
Princip
Sign—aWre of frintlipal — Jeffrey T. Clemens
Vice President
Liberty Mutual Inssjurrance� Company
Surety
i<
Signature of Surety
Mechelle Larkin, Attorney -in -Fact
Title of Signatory
Liberty Mutual Insurance Company
790 The City Drive
Suite 200
Orange, CA 92868
Address of Surety
714-634-5723
Phone # of Surety
Jim Hume
Contact Person For Surety
Executed in Duplicate
SUBDIVISION IMPROVEMENTS
Tract Map No. 32879 Griffin Ranch
PERFORMANCE BOND
Bond No. 024053954
Premium: $3,486.00 per annum
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No.
32879 , priorto installation of certain designated public improvements required by the Conditions
of Approval for the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quinta, State of California, and
Lennar Homes of California, Inc. hereinafter designated as ("principal') have entered into an
agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated 20 and
identified as Tract Map No. 32879 is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond
for the faithful performance of said agreement.
Liberty Mutual
Insurance Company NOW, THEREFORE, we, the principal and
_, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City), in the
penal sum of Seven Hundred Seventy Four Thousand, Five Hundred Sixty Eight & 001100
DOLLARS ($ 774,568.00) 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
attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs
and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed 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.
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On January 17, 2013, before me, Sherry Alworth, a Notary Public for the State of
California, personally appeared Jeffrey T. Clemens, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon behalf of which the person
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 d and o cial seal.
Signature (Seal)
My Commission expires October 23, 2015
SHERRY ALWORTH
Commission # 1957861
i z
? : Notary Public - California
Z °','~.a„tea Orange County ft
D
My Comm. Expires Oc128, _
Executed in Duplicate
SUBDIVISION IMPROVEMENTS Bond No. 024053954
Premium: Included in Perf. Bond
Tract Map No. 32879 Griffin Ranch
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No.
32879 , 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
Lennar Homes of California. Inc. hereinafter designated as ("principal") have entered into an
agreement whereby principal agrees to install and complete certain designated public
improvements, which said agreement, dated 20 and
identified as Tract Map No. 32879 is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the agreement, the principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to
secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4
of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly
bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and
other persons employed in the performance of the agreement and referred to in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Seven
Hundred Seventy Four Thousand. Five Hundred Sixty Eight & 00/100 DOLLARS ($ 774. 668.00 ), 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 thejudgment 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 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 January.17 , 2014
Lennar H of California, Inc., a California corporation
Princ'
(Seal) Sign r f P ncipal —Jeffrey T. Clemens
Vice President
Liberty Mutual Innssuraance� Company
Surety
(Seal) Signature of Surety ?-
Mechelle Larkin, Attorney -in -Fact
Title of Signatory
790 The City Drive
Suite 200
Address of Surety
714-634-5723
Phone # of Surety
Jim Hume
Contact Person For Surety
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Oranae
On 1AN 17 1014 before me, Kathy R. Mair, Notary Public „
DATE [Name of Notary Public and Title "Notary Public")
personally appeared Mechelle Larkin -------------------------------------
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the personw whose name(6) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/th& authorized capacityH4_�, and that by his/her/th& signature(s) on the instrument
the person(s), or the entity upon behalf of which the personal 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.
KATHY R. MAIR
Commission # 2021597
z ,-u Notary Public _ California z
(Seal)
------------------- ------ -------------------- 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
Signer's Name: Mechelle Larkin
Individual
Corporate Officer — Title(s):
Partner —[I Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
State of California
countyof Riverside
On fi�i9i-vary 10 2"01(beforeme, Isabelle ESCamilla------------ N Publi Notary 0.
Hate new Insert NameandTitle oftho Officer
personally appeared_ Jeffrey T: I m n ------------- -------------- ---------
Name(s) ofSlper(s)
ISABELLE ESCAMILLA
Commission O 1964968
a -d Notary Public _ California z
z " Riverside County
M Comm. Expires Jan 22, 2016
proved to me n the basis of sa�'t,s factory evidence to be
the person(4whose name(4(_W/are subscribed to the
within instrument and aclarowledged to me that
Q/sWIthTy executed he same in ttttrir
authorized' c achy( and that by their
signature( on the instrument the peeronK or the
errtityupon behalf ofwhich the person cted,executed
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
F790�
Place Notary Seal Above ic----------------------------------- - OPTI
7hough the Wormation below is not required by laic, itmayProve valuable to person retying on the doormera
mdcouldpreventfraudulentremovaland reattachment af eldsform to another document
Description ofAttached Domment
TitleortypeofDocument:
Document
Signer(s) Other Than Named Above: _
Ceipacity(ies) Claimed by Signer(s)
SSgneesName:,leffretTT Clemens
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee r*r e
❑ Guardian or Conservator
❑ Cater:
Signer Is Representing:
Number of Pages:.
Signet's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Attorney -in Fact
❑ Trustee rw
❑ Guardian or Conservator
Other:
Signer Signer Is Representing: