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32879 Lennar Homes - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 32879 Development: Griffin Ranch Developer/Owner: Lennar Homes of California, Inc. Bond Company: Liberty Mutual Insurance Company 790 The City Drive, Suite 200 Orange, CA 92868 Attn: Jim Hume Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance 024053952 024053954 024053953 $1,043,708 $774,568 $4,972,995 $1,781,362 rider Replaced w/ rider 11/08/2019 Labor & Material 024053954 $774,568 OUTSTANDING BOND REPORT Tract Number: 32879 Development: Griffin Ranch Developer/Owner: McComic-Griffin, LLC Bond Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130 Attn: Norman Robonovitz Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Grading 2167269 $303,410 Released 02/24/2014 Fugitive Dust Control (PM 10) 2159414 2167260 $259,500 $40,500 Released 02/24/2014 Released 02/24/2014 Performance 2173193 2173194 2173195 2173196 2173197 2173198 $1,783,475 $633,851 rider $153,065 $98,679 rider $679,028 $223,033 rider $6,388,760 $4,118,604 rider $3,308,903 $1,348,411 rider $919,908 $374,872 rider Reduced w/rider on 07/23/08 Released 02/24/2014 Reduced w/rider on 07/23/08 Released 02/24/2014 Reduced w/rider on 07/23/08 Released 02/24/2014 Reduced w/rider on 07/23/08 Released 02/24/2014 Reduced w/rider on 07/23/08 Released 02/24/2014 Reduced w/rider on 07/23/08 Released 02/24/2014 2173199 2173201 2173200 $3,578,938 $2,024,293 rider $342.413 $112,468 rider $56,925 Reduced w/rider on 07/23/08 Released 02/24/2014 Reduced w/rider on 07/23/08 Released 02/24/2014 Released 02/24/2014 Labor & Material 2173193 2173194 2173195 2173196 2173197 2173198 2173199 2103201 $1,783,475 $153,065 $679,028 $6,388,760 $3,308,903 $919,908 $3,578,938 $3,424,125 Released 02/24/2014 Released 02/24/2014 Released 02/24/2014 Released 02/24/2014 Released 02/24/2014 Released 02/24/2014 Released 02/24/2014 Released 02/24/2014 Cash Securities CD #2070003763 CD #2070003863 $86,506.26 $13,504.67 Closed - Check to Finance Closed - Check to Finance T4t4t 4 P Q" MEMORANDUM To: Susan Maysels, City Clerk From: Ed Wimmer, P.E., Development Services Principal Engineer 1 z7p Via: �I mothy R. Jonasson, P.E., Public Works Director/ City Engineer Date: February 20, 2014 Subject: Release of Securities for Tract Map No. 32879, Griffin Ranch Please release the following Performance and Labor & Materials securities held in your files for the above referenced tract. On November 19, 2013, City Council directed staff to release the original securities associated with the original on -site and offsite SIAs upon receipt of the new securities with the new Replacement SIAs. The security amounts and the address to the developer and Surety Company are as follows: TRACT No. 32879 Bond No. Performance Bond Amount Labor & Materials Bond Amount 21731 93 ✓ $ 633,851 (reduced) / $1,783,475 21731 94 $ 98,676 (reduced) V $153,065 21 T 31 95 ,/ $ 223,033 (reduced) ,/ $679,028 ,/ 21731 96 $ 4,118,604 (reduced) ✓ $6,388,760 •✓ 21731 97 $ 1,348,411 (reduced) $3,308,903 21731 98 $ 374,872 (reduced) $919,908 21731 99 $ 2,024,293 (reduced) $3,578,939 217 32 01 ,/ $ 112,468 (reduced) $3,424,125 V 217 32 00 ,/, $56, 925- 216 72 60 $40,500 2159414 $259,500- 216 72 69 ✓ $303,410 Developer: Mr. Chris McComic McComic-Griffin, LLC 11770 Treeview PI San Diego, CA 92131 Page 1 of 2 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130 Cc: Project File I, Tract Map No. 32879 Page 2 of 2 T4'yl 4 1XP4a&rw MEMORANDUM TO: Susan Maysels, City Clerk FROM: Amy Yu, Assistant Civil Engineer Aa' VIA: d Wimmer, P.E., Development Services Principal Enginee imothy R. Jonasson, P.E., Public Works Director/City En Ineer DATE: May 16, 2014 RE: PM 10 Cash Securities for Tract Map 32879, Griffin Ranch Please update your file to show CD#2070003763 and CD#2070003863 have been closed. These two CDs are replaced with checks from California Bank and Trust in the amounts of $86,506.26 and $13,504.67 and were sent to the Finance Department. If you have any questions, please contact Ed Wimmer at extension 7088. Thank You. T:\Tracts_Parcel Maps_SP\30000-39999\32879, Griffin Ranch\internal correspondence\5-16-2014 PM10 Cash Deposit memo to City Clerk.doc Cis 6e'jQ'v3 AUTOMATICALLY RENEWABLE , M 3 ? C B CALIFORNIA BANK TRUST TRUST ISSUED AT SAN DIEGO 207 OFFICE SAN DIEGO CA DATE JUNE 6TH, 2005 GRIFFIN RANCH LLC (CITY OR TOWN) 2070003863(STATE) (CUSTOMER NAME) (CUSTOMER NUMBER) EIGHTY SIN THOUSAND FIVE HUNDRED 00/100 DOLLARS $ 86,5OO.00 HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK &TRUST PAYABLE TO CITY OF LA QUINTA OR ORDER UPON MATURITY AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE, PROPERLY ENDORSED, AT THE ABOVE OFFICE, THE MATURITY OF THIS CERTIFICATE WILL BE =1 2 /03 / 05YaXXX_ AFTER DATE, AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS UNLESS: (A) AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY, THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY, OR (B) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED MATURITY DATE, THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF " • 6S % PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY, AS ABOVE PROVIDED. AND SUCH INTEREST WILL BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK. THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTH IZE kSlI a AUTOMATICALLY RENEWABLE SAN DIEGO 207 ISSUED AT C B CALIFORNIA BANK TRUST TRUST OFFICE SAN DIEGO CA MCCOMIC GRIFFIN LLC (CUSTOMER NAME) THIRTEEN THOUSAND FIVE HUNDRED 00/100 (CITY OR TOWN) 2070003763 JUNE 6TH, 2005 DATE (STATE) (CUSTOMER NUMBER) DOLLARS $ 13,500.00 - HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK & TRUST PAYABLE TO CITY OF LA QUINTA OR ORDER UPON MATURITY AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE, PROPERLY ENDORSED, AT THE ABOVE OFFICE. THE MATURITY OF THIS CERTIFICATE WILL BE XN_ xXX12/ X, 3/057,X iAFTER DATE. AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS UNLESS: (A) AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY, THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY, OR (8) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED MATURITY DATE, THIS CERTIFICATE IS PRESENTED AND SURRENDEF�D (�Zj Fj1 PAYMENT. , SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF % PER ANNUM 1' FROM DATE HEREOF UNTIL ULTIMATE MATURITY, AS ABOVE PROVIDED, AND SUCH INTEREST WILL BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK. (, THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED GNATU I.C.W. GROUP NINSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3193 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 1,783,475.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $1,783,475.00 TO $633,851.00 This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By: KATHY V ERSLICE Attorney -In -Fact GN-ICW 179 (&/00) BOND NO. 217 31 93 PREMIUM $21,402.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public 9 improvements, which said agreement, dated January 16 , 2006 , 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of ONE MILLION SEVEN HUNDRED EIGHTY THREE THOUSAND FOUR HUNDRED SEVENTY FIVE DOLLARS ($1, 783,475.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Page 1 of 2 F201 - Performance Bond BOND NO. 217 31 93 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated January , 2006, and identified as Tract Map No. 32879 , is hereby referred to d made a part hereof; and an 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 ONE MILLION SEVEN HUNDRED EIGHTY THREE THOUSAND FOUR HUNDRED SEVENTY FIVEDOLLARS ($ 1,783,475.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees: including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. Page 1 of 2 F202 - Labor and Material Bond I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3194 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 153,065.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $153,065.00 TO $98,676.00 This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By: KAT�VERSLICE Attorney -In -Fact 0 S�5'.�,Z- GN-ICW 179 (9/00) BOND NO. 217 31 94 PREMIUM $1,837.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal'') have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated Janus 16, 2006 , 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of ONE HUNDRED FIFTY THREE THOUSAND SIXTY FIVE DOLLARS ($153,065.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Page 1 of 2 F201 - Performance Bond BOND NO. 217 31 94 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCC OMIC-GRIFFIN, LLC hereinafter designated as "the principal'' have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement; dated January 16 , 2006, 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 ONE HUNDRED FIFTY THREE THOUSAND SIXTY FIVE DOLLARS ($153,065.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees. including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202- Labor and Material Bond Page 1 of 2 I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3195 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 679,028.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $679,028.00 TO $223,033.00 This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By: KA HY DERSLICE Attorney -In -Fact 0 55 ! �Q 5we'- U JCI GN4CW 179 (9/00) BOND NO. 217 31 95 PREMIUM $8,148.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public which said agreement, dated January 16 , 2006 and identified as improvements, g is here refe o and made a part hereof, and Tract Map No. 32879 by 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 INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"): in the penal sum v of SIX HUNDRED SEVENTY NINE THOUSAND TWENTY EIGHT Sum WeII DOLLARS truly Ro be made, bind ourselves, our awful money of the United States, for the payment of which 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 o greed ent at the tdany �ime and intion thetman�er made as therein provided, on his or their part, to be kept and pert specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void- otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond BOND NO. 217 31 95 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal'' have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated January 16 , 2006, 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 slim of SIX HUNDRED SEVENTY NINE THOUSAND TWENTY EIGHT DOLLARS ($679,028.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3196 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 6,388,760.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $6,388,760.00 TO $4,118,604.00. This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By: �- KA Y V ERSLICE Attorney -In -Fact GN4CW 179(8/00) BOND NO. 217 31 96 PREMIUM $64,999.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated January 2006 , 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of SIX MILLION THREE HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($6,3 88,760.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond BOND NO. 217 31 96 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal'' have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement; dated January 16 , 2006, 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 /I of Division 3 of the Civil Code in the sum of SIX MILLION THREE HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED SIXTY `t DOLLARS ($6,388,760.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees; including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3197 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 3,308,903.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $3,308,903.00 TO $1,348,411.00. This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By: z4n� KATIfY VA.20bERSLICE Attorney -In -Fact wc r +-WC-w GN-ICW 179 (8/00) BOND NO. 217 31 97 PREMIUM $37,280.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, 9 which said agreement, dated January 16, 2006 , 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of THREE MILLION THREE HUNDRED EIGHT THOUSAND NINE HUNDRED THREE DOLLARS ($3,308,903.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond BOND NO. 217 31 97 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated January 16 1 2006, 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 THREE MILLION THREE HUNDRED EIGHT THOUSAND NINE HUNDRED THREE DOLLARS ($3,308,903.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees; including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1) " 5 : V--e_ F202 - Labor and Material Bond I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3198 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 919,908.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $919,908.00 TO $374,872.00. This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By.?GGL KA;rAY V ERSLICE Attorney -In -Fact GN-1CW 179 (9/00) BOND NO. 217 31 98 PREMIUM $11,039.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated January 16, 2006 , 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of NINE HUNDRED NINETEEN THOUSAND NINE HUNDRED EIGHT DOLLARS ($919,908.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond U �, \ � BOND NO. 217 31 98 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated January 16 , 2006, 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 NINE HUNDRED NINETEEN THOUSAND NINE HUNDRED EIGHT DOLLARS ($919,908.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond I.C.W. GROUP ❑INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 3199 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 3,578,938.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $3,578,938.00 TO $2,024,293.00. This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By: KA114Y V ERSLICE Attorney -In -Fact C- GN-1CW 179 (a/00) BOND NO. 217 31 99 PREMIUM $39,710.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated January 16 , 2006 , and identified as referred to and made a part hereof; and Tract Map No. 32879 is hereby 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 INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"): in the penal sum Of THREE MILLION FIVE HUNDRED SEVENTY EIGHT THOUSAND NINE HUNDRED THIRTY EIGHT DOLLARS ($3,578,938.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond BOND NO. 217 31 99 PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement; dated January 16 , 2006, 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 THREE MILLION FIVE HUNDRED SEVENTY EIGHT THOUSAND NINE HUNDRED THIRTY EIGHT DOLLARS ($3,578,938.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees; including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 9 "— $ t �� F202- Labor and Material Bond ^A 5C G �� I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY []INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com RIDER To be attached to and form part of Bond No. 217 32 01 Principal GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC Amount $ 342,413.00 In Favor of THE CITY OF LA QUINTA It is agreed that : THE PERFORMANCE BOND PENALTY IS BEING REDUCED FROM $342,413.00 TO $112,468.00. This Rider is effective May 28, 2008 INSURANCE COMPANY OF THE WEST By:�.L� KAT Y V ERSLICE Attorney -In -Fact Vim" SiA--,z (7 fc,al GN-ICW 179 (8/00) BOND NO. 217 32 01 PREMIUM INCLUDED IN LABOR AND MATERIAL BOND SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated January 6 , 2006 , and identified 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of THREE HUNDRED FORTY TWO THOUSAND FOUR HUNDRED THIRTEEN DOLLARS ($342,413.00 ) 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 ormred at the timeaneement and any lterad intthetman�erntheeein as therein provided, on his or their part, to be kept and pert specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond BOND NO. 217 32 01 PREMIUM $38,317.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as "the principal'' have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement; dated January 16 , 2006, 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 THREE MILLION FOUR HUNDRED TWENTY FOUR THOUSAND ONE lil NDRED TWENTY FIVE DOLLARS ($3,424,125.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond BOND NO. 217 32 00 PREMIUM $683.00 SUBDIVISION IMPROVEMENTS Tract Map No. 32879 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 GRIFFIN RANCH, LLC & MCCOMIC-GRIFFIN, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated January 16 , 2006 , 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. NOW, THEREFORE, we, the principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of FIFTY SIX THOUSAND NINE HUNDRED TWENTY FIVE DOLLARS ($56,925.00 ) 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Bond Number 216 72 69 Premium $ 6,568 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # q4 ZS in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to Grif f in Ranch LLC & McComic Grif f in LLC , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as Grif f in Ranch ; and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Insurance Company Of The West as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum ofThree Hundred Three Thousand Four Hundred Ten Dollars & 00/100 Dollars ($303 , 410.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said permit and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the permit or to the work or to the specifications. Page 1 of 2 F210 BOND NUMBER: 215 94 14 FAITHFUL PERFORMANCE BOND PREMIUM: $5,690.00 (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize Griffin Ranch, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned propertygenerallyknown to the City and others as Tract 32879 �? 3 �� r c } ' a WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions, and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Insurance Company of the West as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Two hundred fiftv nine thousand five hundred and no/100ths Dollars ($ 259,500.00) 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 to anddPrincipal, abidehis by,randheirs, well a d truly keep administrators, successors or assigns, shall in all things stand and perform the covenants, conditions and provisions in the said ad d t ontrol rmedl an at the time aand any lndr ration thereof made as therein provided, on his or their part, to be keptp erfothe 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 faca mount specified therefor, there incurred be included costs and reason cable expenses and fees, including 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 der time, alteration it specificationsatioraddition to the terms of the dust control plan or to th\eIs °rk to affectits hon this bond, and does hereby waive accompanying the same shall in any 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 BOND NUMBER: 216 72 60 PREMIUM: $1,013.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize McComic-Griffin, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract 32879 Z-7 -C.Gyr-) ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # © S O33 , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Insurance Company of the West as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Forty thousand five hundred and no/100ths Dollars ($ 40,500.00 ) 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