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2014 - 31249 Adobe Holdings Notice of Subdivider's Non-Compliance W/ Req. to Const. ImprovmentsRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: - City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attention: City Clerk DOC # 2014-0093151 03/12/2014 03:39 PM Fees: $42.00 Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk &Recorder "This document was electronically submitted to the County of Riverside for recording"" Receipted by: CMORRIS _II Exempt from recording fees pursuant to Government Code Section 27383 AF14;766-070-009, 010, 766-140-001 thru 766-140-039, and 766-150-001 thru 766-150-050 NOTICE OF SUBDIVIDER'S NON-COMPLIANCE WITH REQUIREMENT TO CONSTRUCT IMPROVEMENTS: SUBDIVISION IMPROVEMENT AGREEMENTS' BETWEEN CITY OF LA QUINTA AND ADOBE HOLDINGS, INC; VILLAGE AT CORAL MOUNTAIN SUBDIVISION PROJECT (Final Tract Map 31249) THIS NOTICE AND MEMORANDUM ("Notice") relates to Tract Map 31249, which was recorded . on October 12, 2006, and the associated subdivision improvement agreements (collectively "SIA") dated October 11, 2006 between the City of La Quinta, a municipal corporation ("City") and Adobe Holdings, Inc. relating to the Village at Coral Mountain Subdivision properties. The Village 'at Coral Mountain Subdivision is composed of subdivided real property located in the City of La Quinta, County of Riverside, State of California generally known as Final Tract Map 31249, which property is more specifically described on Exhibit A, Legal Description of the Village at Coral Mountain Subdivision. Adobe Holdings, Inc. was responsible for the development of the Village at Coral Mountain Subdivision, but is now insolvent. Pursuant to Resolution No. 2003-094 and Resolution No. 2005-019, the Village at Coral Mountain Subdivision was authorized for subdivision into eighty-five (85) residential building lots subject to the satisfaction of the conditions for recording a final map, which include the completion of all on -site and off -site improvements described in the SIA for the Village at Coral Mountain Subdivision. As a result of the insolvency of Adobe Holdings,. Inc., certain-, public improvements required by the above referenced SIA, a listing of which are attached 1 of 5 hereto in Exhibit B, have not been completed at, or in the vicinity of, the Village at Coral Mountain Subdivision. The security posted by Adobe Holdings, Inc., was in the form of a letter of credit, written by La Jolla Bank, which bank was subsequently taken over by the FDIC, at which time the letter of credit was cancelled. Therefore, the City is holding no security for the improvements. For further information concerning the estimated time of completion of improvements that are the subject of this notification, interested persons. should contact the City of La Quinta's Public Works Director at the City of La Quinta, 78- 945 Calle Tampico, La Quinta, California 92253, telephone number (760) 777-7000. Dated: Q,,y rA Z.o "- , 2014 By• othy R. Jo a o Public Works Dir or/City Engineer City of La Quinta Dated: 3/ l ( , 2014 By: Susan Maysels Clerk of the City of La Quinta 2 of 5 State of California ) County of Riverside ) On MancA / l ,2014 before me, 7e_/'p50_A6tnNotary Public, personally appeared TIMOTHY R. JONASSON 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 hand and official seal. . ('seal) TERESA THOMPSONI Commission # 2030796 a •m` Notary Public - California z Z Riverside County .My Comm. Expires Jun 24, 201r DOCUMENT: NOTICE OF SUBDIVIDER'S NON-COMPLIANCE WITH REQUIREMENT TO CONSTRUCT IMPROVEMENTS: SUBDIVISION IMPROVEMENT AGREEMENTS BETWEEN CITY OF LA QUINTA AND ADOBE HOLDINGS, INC. VILLAGE AT CORAL MOUNTAIN SUBDIVISION PROJECT (FINAL TRACT MAP 31249) C, 3 of 5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: Lots 1 through 85, together with Lettered Lots "A" through "H", inclusive, and Lots "J" through "S", inclusive, as shown by Tract Map No. 31249, as filed in Book 411, pages 23 through 27, inclusive, of Maps, in the office of the County of Riverside County, California. This legal description was prepared by me or under my supervision.�,`��-N .; yNo sm. Eric A. Nelson Date o iS j P.L.S.5563 Exp.9/30/15 l / N �0�: APN(s): 766-070-009, 766-070-010, 766-140-001 through 766-140-039, and 766-150-001 through 766-150-050 4- of 5 EXHIBIT B LIST OF OUTSTANDING IMPROVEMENTS Half width street improvements along the boundary of Tract Map 31249 adjacent to Avenue 58 including curb, gutter, paving, traffic control striping, signs, meandering sidewalk, multipurpose trail, storm drain improvements, landscaping, etc. 5 of 5 FDIC Federal Deposit Insurance Corporation 40 Pacifica, Suite 1000, Irvine, CA 92618 Division of Resolutions and Receiverships April 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. 7009 2820 0001 4711 5100 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: 10185 - La Jolla Bank, FSB La Jolla, CA - In Receivership Closing Date: February 19, 2010 Claim Bar Date: 90 days from date of this letter Standby Letter of Credit No. 24 issued at the request of Adobe Holdings Inc Dear Sir or Madam: The above -captioned institution (the "Institution") was closed on the Closing Date referenced above and the Federal Deposit Insurance Corporation was appointed as receiver of the Institution (the "Receiver"). Under the laws of the United States, the Receiver is charged with the duty of winding up the affairs of the Institution. In order to achieve this goal, the Receiver is given the right under 12 U.C. C. Section 1821(e) to repudiate undertakings entered into by the Institution where it finds such undertakings to be burdensome and where such repudiation will promote the orderly administration of the Institution's affairs. The Institution's records indicate that you may be a beneficiary of a letter of credit as referenced above. The Receiver has determined that the above-described letter of credit is burdensome and that disaffirmance of said letter of credit will promote the orderly administration of the Institution's affairs. The purpose of this letter is to inform you that the Receiver has elected to disaffirm the above -referenced letter of credit to the full extent, if any, that is represents an enforceable obligation of the Institution or the Receiver. You may determine that the Receiver's decision to disaffirm your letter of credit gives you a claim against the receivership estate. If so, you must file a Proof of Claim in writing, together with proof thereof, by the Claims Bar Date referenced in the caption thereof. Under federal law, with certain limited exceptions, failure to file claims by the Claims Bar Date will result in disallowance by the Receiver, the disallowance will be final, and further rights or remedies with regard to claims will be barred. A Proof of Claim form may be obtained by calling (949) 208-6700. If you have any further questions concerning the claims process, you may direct your inquiry to the Receiver at the address provided. Federal Deposit Insurance Corporation as Receiver of La Jolla Bank, FSB N� � I "--/ �-- "A— By: Thornton Brown Title: Receiver in Charge FDIC Federal Deposit Insurance Corporation 40 Pacifica, Suite 1000, Irvine, CA 92618 Division of Resolutions and Receiverships April 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. 7009 2820 000147115117 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: 10185 - La Jolla Bank, FSB La Jolla, CA - In Receivership Closing Date: February 19, 2010 Claim Bar Date: 90 days from date of this letter Standby Letter of Credit No. 23 issued at the request of Adobe Holdings Inc Dear Sir or Madam: The above -captioned institution (the "Institution") was closed on the Closing Date referenced above and the Federal Deposit Insurance Corporation was appointed as receiver of the Institution (the "Receiver"). Under the laws of the United States, the Receiver is charged with the duty of winding up the affairs of the Institution. In order to achieve this goal, the Receiver is given the right under 12 U.C. C. Section 1821(e) to repudiate undertakings entered into by the Institution where it finds such undertakings to be burdensome and where such repudiation will promote the orderly administration of the Institution's affairs. The Institution's records indicate that you may be a beneficiary of a letter of credit as referenced above. The Receiver has determined that the above-described letter of credit is burdensome and that disaffirmance of said letter of credit will promote the orderly administration of the Institution's affairs. The purpose of this letter is to inform you that the Receiver has elected to disaffirm the above -referenced letter of credit to the full extent, if any, that is represents an enforceable obligation of the Institution or the Receiver. You may determine that the Receiver's decision to disaffirm your letter of credit gives you a claim against the receivership estate. If so, you must file a Proof of Claim in writing, together with proof thereof, by the Claims Bar Date referenced in the caption thereof. Under federal law, with certain limited exceptions, failure to file claims by the Claims Bar Date will result in disallowance by the Receiver, the disallowance will be final, and further rights or remedies with regard to claims will be barred. A Proof of Claim form may be obtained by calling (949) 208-6700. If you have any further questions concerning the claims process, you may direct your inquiry to the Receiver at the address provided. Federal Deposit Insurance Corporation as Receiver of La Jolla Bank, FSB By: Thornton Brown Title: Receiver in Charge -FDI4 Federal Deposit Insurance Corporation 40 Pacifica, Suite 1000, Irvine, CA 92618 Division of Resolutions and Receiverships April 1, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED RECEIPT NO. 7009 2820 000147115094 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Subject: 10185 - La Jolla Bank, FSB La Jolla, CA - In Receivership Closing Date: February 19, 2010 Claim Bar Date: 90 days from date of this letter Standby Letter of Credit No. 25 issued at the request of Adobe Holdings Inc Dear Sir or Madam: The above -captioned institution (the "Institution") was closed on the Closing Date referenced above and the Federal Deposit Insurance Corporation was appointed as receiver of the Institution (the "Receiver"). Under the laws of the United States, the Receiver is charged with the duty of winding up the affairs of the Institution. In order to achieve this goal, the Receiver is given the right under 12 U.C. C. Section 1821(e) to repudiate undertakings entered into by the Institution where it finds such undertakings to be burdensome and where such repudiation will promote the orderly administration of the Institution's affairs. The Institution's records indicate that you may be a beneficiary of a letter of credit as referenced above. The Receiver has determined that the above-described letter of credit is burdensome and that disaffirmance of said letter of credit will promote the orderly administration of the Institution's affairs. The purpose of this letter is to inform you that the Receiver has elected to disaffirm the above -referenced letter of credit to the full extent, if any, that is represents an enforceable obligation of the Institution or the Receiver. You may determine that the Receiver's decision to disaffirm your letter of credit gives you a claim against the receivership estate. If so, you must file a Proof of Claim in writing, together with proof thereof, by the Claims Bar Date referenced in the caption thereof. Under federal law, with certain limited exceptions, failure to file claims by the Claims Bar Date will result in disallowance by the Receiver, the disallowance will be final, and further rights or remedies with regard to claims will be barred. A Proof of Claim form may be obtained by calling (949) 208-6700. If you have any further questions concerning the claims process, you may direct your inquiry to the Receiver at the address provided. Federal Deposit Insurance Corporation as Receiver of La Jolla Bank, FSB By: Thornton Brown Title: Receiver in Charge