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2015 - 31910 Capistrano Lots LP - Assignment & Assumption & Amended Dev. Improv. AgrmtASSIGNMENT AND ASSUMPTION AGREEMENT r =u 11UN V, I's COB1,11r • •.• - 1 TRACT MAP NO.31910 ON -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made and entered into as of the 9th day of Orua UP, , 20 (5 , by and among the CITY OF LA QUINTA, a municipal corporation of the State of California ("City"), La Quinta 57 Estates, Inc., a California corporation ("Assignor"), and Capistrano Lots, LP, a California limited partnership ("Assignee"). RECITALS A. City and Assignor entered into that certain Subdivision Improvement Agreement, dated December 6, 2006 ("SIA"), pursuant to which Assignor, as the "Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public and/or private improvements on Tract No. 31910 ("Tract"), as more fully described in Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assign the SIA, and all of Assignor's rights and obligations thereunder, to Assignee and Assignee desire to assume Assignor's position with respect to the SIA and of Assignor's rights and obligations under the SIA subject to the terms of.this Assignment & Amendment. C. In connection with the foregoing described assignment and assumption, the City and Assignee have agreed to certain modifications to the SIA as set forth herein to be effective upon full execution of this Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Assignment and Assumption. Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, and interest in and to, and obligations under, the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and obligations under, the SIA. City hereby consents to the foregoing assignment and assumption. F220 2. Replacement of Improvement Security. Pursuant to the SIA, Assignor has furnished the City security for the Improvements in the form of: (a) Faithful Performance Bond in the amount of $1,254,277 for the following improvements: ON -SITE IMPROVEMENTS Performance Security Improvement Description Original Amount 1" Partial Reduction (Percent) 15t Partial Reduction Amount Grading $286,226 75% $71,557 Street $797,543 20% $638,034 Domestic Water $69,785 70% $20,936 Storm Drain $46,648 70% $13,994 Dry Utilities $362,970 70% $108,891 Sewer $59,469 70% $17,841 Monumentation $20,000 0% $20,000 Standard 10% Contingency $164,264 0% $164,264 Professional Fees, Design 10% $180,691 90% $18,069 Professional Fees, Construction 10% $180,691 0% $180;691 TOTALI $2,168,287 $1,25.4,277 For purposes of this Assignment & Assumption, such security in the aggregate shall be hereinafter referred to as "Improvement Security." Assignee hereby warrants that within five (5) days of this executed Assignment and Amendment, it shall replace Assignor's Improvement Security with security of its own in an amount equal to the Improvement Security, unless the City otherwise determines at its discretion and in writing that such security can be issued at a lesser amount. Assignee's security shall be in full compliance with the terms and conditions stated in the SIA for such security. The City agrees that upon receipt of evidence that Assignee has obtained such new security in a form satisfactory to the City, the City shall release Assignor's Improvement Security. 3. Solvency. As a material inducement to the City to enter into the Assignment & Assumption, Assignee hereby represents and warrants to City, and City hereby relies on Assignee's representation and warranty, that Assignee is solvent and has the financial capability of fulfilling each and every obligation and duty it takes on by way of the Assignment & Assumption. 4. Incorporation of SIA Provisions. The SIA, and each provision therein, unless otherwise modified in writing, is incorporated in this Assignment & Amendment in its entirety and Assignee agrees and warrants that it assumes and is bound by each obligation found in the SIA in the same manner as Assignor prior to this assignment. F220 -2- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of .20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Digitally signed by Frank).Spevacek � DNaerialNumber=1n615nh01202cvmj, /' -US, st=Califomia, l=La Quinta, o=Frank .),Spevacek cn=Frank J. Spevacek Date: 2015.10.0815:06:49 -07'00' FRANK J. SPEVACEK Date City Manager, City of La Quinta ATTEST: APPROVED AS To FORM: Digitally signed try Cltyaf la Quinta DN: s lty s[ umd by Cimhzhdh .i.t.n, -US, —Calffmnia,"Qulnta,—City of La Quinta, T'-cn=Cityaf to Quinta Date: 2015.10.08151U"7'00' SUSAN MAYSELS William R. Ihrke, City Attorney City Clerk, City of La Quinta ASSIGNOR: La Quinta 57 Estates, Inc., a California corporation 78401 Highway 111, Suite X La Quinta, CA 92253 John edalino Its: President Its: ASSIGNEE: Capistrano Lots, LP, a California limited partnership 940 Emmett Avenue, Suite 200 Belmont, CA 94002 By: VPI 2004, Inc., a California corporation Its: General Partner 4'----j 10 , -- S L-AA ee'r Its: <e",U- VIts: F220 -3- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of , 20_ CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 SIGNED IN COUNTERPART FRANK J. SPEVACEK City Manager, City of La Quinta ATTEST: SIGNED IN COUNTERPART SUSAN MAYSELS City Clerk, City of La Quinta Date APPROVED AS TO FORM: SIGNED IN COUNTERPART William H. Ihrke, City Attorney ASSIGNOR: La Quints 57 Estates, Inc., a California corporation 78401 Highway 111, Suite X La Quinta, CA 92253 V� John , edalino Its: President Its: ASSIGNEE: Capistrano Lots, LP, a California limited partnership 940 Emmett Avenue, Suite 200 Belmont, CA 94002 By: VPI 2004, Inc., a California corporation Its: General Partner 10' ' 4"--� Scots �C� Its: ,;v- VIPA, m-Its: F220 -3- Bond No. 82380249 Premium: $115.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize D.R. Horton Los Angeles Holding Company. Inc. , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as The Enclave at Capistrano - TR 31910 :and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Conti -of to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Federal Insurance Com an as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Forty Five Thousand Dollars and 00/100 Dollars ($ 45,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on November 18, 2021. D.R. Horton Los Angeles Holding Company, Inc. r ci al i (Seal) By: Signature of POncipal Title of Signatory S�taar�c Federal Insurance Company x � i Surety - u- Y Signature of Surety Bryan M Caneschi Attorney -in -Fact Title of Signatory 202B Hall's Mill Road Whitehouse Station, NJ 08889 Address of Surety 908-903-3485 Phone # of Surety Surety Claims _ Contact Person For Surety F211 Bond No.: 0608280 Premium: $23,831.00 SUBDIVISION IMPROVEMENTS Parcel Map No. 31910 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. 31 S10 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta. State of Cali€ornia, and Capistrano Lots, LP, a California limited partnership hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement. dated 2015 and identified as Parcel Map No. _ 31910 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of One MiMon Two Hundred Fifty Four Thousand Two Hundred Seventy seven and nb11 Ccs DOLLARS ($ 1, 254,277.00.."'"' ) 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 mannertherein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. T Drive/Checklists — Forms & Applications/Standard Bond Form -Performance Bond -Labor & Materials Bond for Parcel Map In witness whereof, this instrument has been duly executed by the principal and surety above named, on September 28 .20 15 Capistrano Lots, LP, a California limited partnership Principal 8q . Y P1 2Qaq Inc. i'i 092174r..J� �t r+wr (Seal); Signature 6f Principal John a . t-b Title of Signatory IntemaVonal Fidelity Insurance Company Surety (Seal) [ Sigrfatur' of Surety Kathleen Beck, Attorney -in -Fact Title of Signatory 2999 Oak Road, Suite 820 Walnut Creek, CA 94597 Address of Surety 925-658-9262 Phone # of Surety Julie L. Nickels-5chau Contact Person For Surety T Drive/Checklists — Forms & Applications/Standard Bond Form -Performance Bond -Labor & Materials Bond for Parcel Map