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30092 Richmond American Homes - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 30092 Development: Piazza Serena Developer/Owner: Richmond American Homes of Maryland, Inc Cado La Quinta, LLC (former) K. Hovnanian Homes (former) Bond Company: Atlantic Specialty Insurance Company, 605 US Highway 169, 811 Floor Plymouth, MN 55441 Attn: Mark Atkins Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust Control (PM 10) 800125907 $57,750 Dust Control Check No. 1123042 $19,250 Cash Deposit issued on 8/3/2021 Performance Off -Site 800125905 $534,992 Performance On -Site 800125906 $721,621 Labor & Material 800125905 $2,168,890 Fugitive Dust Control (PM 10) SB031000004 $57,750 Released/Replaced 8/19/2021 Performance Off -Site SB031000003 $534,992 Released/Replaced 8/19/2021 Performance On -Site SB031000002 $721,621 Released/Replaced 8/19/2021 Labor & Material SB031000003 $2,168,890 Released/Replaced 8/19/2021 Fugitive Dust Control 8691933 $57,750 Released/Replaced 6/14/2011 (PM 10) Grading 8691932 $307,075 Released/Replaced 2/22/2011 Performance Off -Site 6280429 $2,168,890 Released/Replaced 6/14/2011 Labor & Material 6280429 $2,168,890 Released/Replaced 6/14/2011 Performance On -Site 6280428 $4,525,200 Reduced with Rider 4/15/2009 $721,621 rider Released/Replaced 6/14/2011 Labor &Material 6280428 $4,491,200 Reduced with Rider 4/15/2009 $534,992 Released/Replaced 6/14/2011 Dust Control Check No. 1039 $19,250 Cash Deposit issued on 6/9/2011 No release memo Dust Control Check No. $19,250 Cash Deposit issued on 11/4/2004 00133119 Released/Replaced 6/9/2011   August 19, 2021 Cado La Quinta, LLC Attention: Mark Hayden 1545 Faraday Avenue Carlsbad, CA 92008 RE: PARCEL MAP 30092 PIAZZA SERENA – RELEASE OF BONDS Dear Mr. Hayden, Per authorization of the City of La Quinta Public Works Department, the City Clerk’s Office has hereby released the following bonds and notified Ullico Casualty Company on 8/19/2021. Bond Number Bond Amount Bond Type SB031000004 $57,750 Fugitive Dust Control SB031000002 $721,621 Performance On-Site SB031000003 $534,992 Performance Off-Site SB031000003 $2,168,890 Labor & Materials Off-Site The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Monika Radeva, City Clerk Email: MRadeva@LaQuintaCA.gov Tel: (760) 777 - 7035 c: Bryan McKinney, Public Works Director/City Engineer Ullico Casualty Company File   August 19, 2021 Ullico Casualty Company Attn: Mike Hall 2600 W. olive Avenue, 5th Floor Burbank, CA 91505 RE: PARCEL MAP 30092 PIAZZA SERENA – RELEASE OF BONDS Dear Mr. Hall, Per authorization of the City of La Quinta Public Works Department, the City Clerk’s Office hereby releases the following bonds: Bond Number Bond Amount Bond Type SB031000004 $57,750 Fugitive Dust Control SB031000002 $721,621 Performance On-Site SB031000003 $534,992 Performance Off-Site SB031000003 $2,168,890 Labor & Materials Off-Site Copies of the bonds being released are enclosed for your reference. Cado La Quinta, LLC., the developer, was also notified of the above bonds release on 08/19/2021. Please do not hesitate to contact me should you have any questions. Sincerely, Monika Radeva, City Clerk Email: MRadeva@LaQuintaCA.gov Tel: (760) 777 - 7035 QNSITE Bond: SB031000002 Premium: $12,628.00 SUBDIVISION IMPROVEMENTS Tract Map No. 30092 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. 30092 , 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 Cado La Quinta, 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 , 200 , and identified as Tract Map No. 30092 , 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 ULLICO Casualty Company , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Seven Hundred Twenty One Thousand Six Hundred Twenty One & xx/100 DOLLARS (S 721,621.00 ) 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 ortheir 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 anyjudgment rendered. The surety hereby stipulates and agrees that no change, extension oftime, 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 Tract Map In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 20 ' 20 11 . 11 (SeQ Celtic ate., See attach (Seal) Cado La Quinta, LLC Principal akg"�- gy, I - - Signature of Pri c' al Title of Signatory ULLICO Casualty Company. Surety �ititi �Csvvw c � Signature of Surety Aidan Smock, Attorney -in -Fact Title of Signatory 2600 W. Olive Ave., 5th Floor, Burbank, CA 91505 Address of Surety 818-333-5196 Phone # of Surety Mike Hall Contact Person For Surety T Drive/Checklists — Forms & Applications/Standard Bond Form -Performance Bond -Labor & Materials Bond for Tract Map CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On MAY 2 0 2011 before me, Walter E. Pueschel, a Notary Public personally appeared_ IL: X �T who proved to we on the basis of satisfactory evidence to be the person(4 whose name( 7} is/ape--subscribed to the within instrument and acknowledged to me that helsba44e-y-executed the same in his/hexAhei-r-authorized capacity(iac)- and that by his/her signature (9 -on the instrument the person(d) , or the entity upon behalf of which the person(4} 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 seal. Signature• Signature otary Public WALTER E. PUESCHEL Comm)sslon * 1795955 Notary Public - CaMornla x 2 y San Diego County My Comm. Expires Jul 9, 2012 Place Notary Seal Above VU �`, 1��ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Richard Hallett, Aidan Smock, Kathy Vanderslice, of Barney and Barney LLC. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULL A' J, MPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorixcd office this day ❑f 0_ =�SEAI.�;� W sio�N'r ZZ Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16"' day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company ®fir CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego MAY 2 0 2011 On Date before me, Pennv E. Kellev, Notary Public Here Insert Name and Title of the Officer personally appeared Aidan Smock ...•.Tw. P;=f.INV E rJELLEY k COMM #15:32759 Q 0 NOTARY PUBLIC-CALIFUNIA NUSAN U4'1' DIEGO COUNTY i My Cpmmission Expires JAP VARY 23,201,3 Place Notary Seal Above Name(s) of who proved to me on the basis of satisfactory evidence to be the person(4) whose name¢§) isles subscribed to the within instrument and acknowledged to me that Ng/she 'y executed the.same in )i§/herXtr authorized capacity(M), and that by Wher^Nr signature(g) on the instrument the person(g), or the entity upon behalf of which the persono) 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. I - Witness my and nd official sea Signature Sign Lire of WaryPublild OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Bond: SB031000004 Premium: $1,011.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize Cado La Quinta, LLC . as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract Map 30092 ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM 10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # 4276 prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. NOW therefore, we the Principal and ULLICO Casualty Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Fifty Seven Thousand Seven Hundred Fifty and xx/100 Dollars ($ 57.750.00 ) 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 obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee 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 dust control plan or to the work to be performed there under 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 T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit #4276 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on May 20 , 2011 l Iif leat.406do La Quinta, LLC -,r Principal (Seal) - Signature of P ' cipal 41-hoa'k,D S:�� Title of Signatory ULLICO Casualty Company Surety (Seal) (,(.t,&u.L�1�1(^/i� Signature of Surety Aidan Smock, Attorney -in -Fact Title of Signatory 2600 W. Olive Ave., 5th Floor Burbank, CA 91505 Address of Surety 818-333-5196 Phone # of Surety Mike Hall Contact Person for Surety T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On MAY 2 0 2011 before me, Walter E. Pueschel, a Notary Public personally appeared r who proved to me on the basis of satisfactory evidence to be the personW_ whose name(,4)- is/are subscribed to the within instrument and acknowledged to me that he/slyexecuted the same in his/hooMm-ir authorized capacity(iee)- and that by his/herhtwir-signatureo) on the instrument the person.(4-, or the entity upon half of which the personcted, 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 seal. 0­7 E� 2� Signature Signature of Not[,t6Ntubfic WALTER E. PLIESCHEL Commission # 1795955 ApMY Notary Public - CaliforniaSan Diego County Comm. Expires Jul 9. 2Q12 Place Notary Seal Above VUIn r ULLICO Casualty Company i (` J� 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Richard Hallett, Aidan Smock, Kathy Vanderslice, of Barney and Barney LLC. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this day of —MAY X�%lI;tr!ltli Ntiti'$guarr� cif i�'� �{W�`Q{•�'J. Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. `'sir, l nt►''` On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attomey issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16°i day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego MAY 2 U ZU1 On Date before me, Penny E. Kelley, Notary Public Here Insert Name and Title of the Officer personally appeared Aidan Smock f, PENNY E KELLF'{ rtQ C,()%IM #E'1832759NpYARYPUBLIC-CALIFORNIA N SAN DIEGO COUNTY My Commission Expires 0,}AN6ARY 23, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name(§) isAM subscribed to the within instrument and acknowledged to me that Ag/sh eXX* executed the same In Ai"e~r authorized capacity(M), and that by M/herAKNr signature(9) cn the instrument the person(g), 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 rid official seal. Signature Signal re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of "thumbhere ❑ Other: Signer Is Representing: OFFSITE SUBDIVISION IMPROVEMENTS Tract Map No. 30092 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond: SB031000003 Premium: Included in Payment Bond THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 30092 , 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 Cado La Quinta, 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 , 200 , and identified as Tract Map No. 10092 , 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 ULLICO Casualty Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Five Hundred Thirty Four Thousand Nine Hundred Ninetv Two & WIDO DOLLARS ($ 534,992.00 ) 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 ortheir part, to be kept and performed atthe time and in the mannertherein specified, and in all respects according to theirtrue 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 anyjudgment 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 Tract Map In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 20 , 20 11 Cado La Quinta, LLC Principal akeo'e (�� , (Seal) Celt.. Cat6,Signature of Pri al 11sGe dached k:�k�vrwp �t 1�t G Title of Signatory ULLICO Casualty Company Surety OIL d (Seal) Signature of Surety Aidan Smock, Attorney -in -Fact Title of Signatory 2600 W. Olive Ave., 5th Floor. Burbank, CA 91505 Address of Surety 818-333-5196 Phone # of Surety Mike Hall Contact Person For Surety T Drive/Checklists — Forms & Applications/Standard Bond Form -Performance Bond -Labor & Materials Bond for Tract Map CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On MAY 2 0 2011 before me, Walter E. Pueschel, a Notary Public e personally appearedG jg�; .� who proved to me on the basis of satisfactory evidence to be the person whose name0 0 is/ape subscribed to the within instrument and acknowledged to me that h_e/sheAhey executed the same in hislherAh-eir authorized capacity(iQ and that by h s/her"eir signature(* on the instrument the person.(@) , or the entity upon behalf of which the person(40racted, 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 seal. Signature: - -� '� Signature of N ry Public IZ:7— WALTER E. PUESCHEL Commission # 1795955 Notary Public - California San Diego County M Comm. ExRfresJul9, 20]2 Place Notary Seal Above VLUI ���OULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Richard Hallett, Aidan Smock, Kathy Vanderslice, of Barney and Barney LLC. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorneys) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this day of _MAY 2 A 2 0 20fl0_. l��ttIllrrrj"! SIpENT Daniel Aronowitz r�jl,''tt* 1L►�'4``` President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16°i day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company 0-10 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On MAY 2 0 2011 before me, Penny E. Kelley, Notary Public Date Here Insert Name and Title of the Officer personally appeared Aidan Smock Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(X) whose name(t) isle subscribed to the within instrument and acknowledged to me that Ag/she y executed the same in ;l4XIherX r authorized capacltypM), and that by M/herAlKiNr signature) an the instrument the the entity behalf the = �"•=`'�ayY KEur" ""f' COMM #18$2759 0 person.(K), or upon of which person(g) acted, executed the instrument. U ; ' NiARY pl7QLIC CALii Qfi !IA N SAN DIF60 CQ►UNTY n 1 certify under PENALTY OF PERJURY under the laws of U r any commission Expires the State of California that the foregoing paragraph is true JANUARY 23, 2013 and correct. f' Witness my hand d official seal. Signature Place Notary Seal Above Signatur of Notary Pubfis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: OFFSITE Bond: SB031000003 Premium: $37,956.00 SUBDIVISION IMPROVEMENTS Tract Map No. 30092 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30092 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Cado La Quinta, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200, and identified as Tract Map No. 30092 . is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Two Million One Hundred Sixty Eight Thousand Eight Hundred Ninety DOLLARS ($ 2,168,890.00 ), for materials furnished or labor thereon of any kind, or for amounts due & xx/100 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 amountthereof, 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. T Drive/Checklists— Forms & Applications/Standard Bond Form -Performance Bond -Labor & Materials Bond for Tract Map The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement orthe specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 20 20 11 Cado La Quinta, LLC "See attach _ c. rtific, It Principal '. s Uhl - (Seal) Signature of Pr674pal Title of Signatory ULLICO Casualty Company Surety RA (Seal) Signature of Surety Aidan Smock, Attorney -in -Fact Title of Signatory 2600 W. Olive Ave., 5th Floor. Burbank, CA 91505 Address of Surety 818-333-5196 Phone # of Surety Mike Hall Contact Person For Surety T Drive/Checklists — Forms & Applications/Standard Bond Form -Performance Bond -Labor & Materials Bond for Tract Map o"C�a 6f- GJ--/v 'P � -z Gq- T �� �~•A- G d� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On MAY 2 0 2011 before me, Walter E. PuescheI, a Notary Public personally appeared r -f- who proved to me on the basis of satisfactory evidence to be the person(a) whose nameo) is/awe-subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/herLt1wir authorized capacity(igo and that by h_s/herltteir signature(A) on the instrument the person(, or the entity upon behalf of which the person(x�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 seal. Signature: Signature of Ndtary Public - WALTER E. PUESCHEL Commission # 1795955 Nofary Public - California Son Diego County MY Comm. Exploes dui 9, 2012 Place Notary Seal Above vullico ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Richard Hallett, Aidan Smock, Kathy Vanderslice, of Barney and Barney LLC. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this day of ' ,�`�;ltltll!■f S s u a !tJ. V • SEALzx ;� SIpEN7 rZAW1"Q - 1> .y Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ram• Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16°i day of July 2009. �'- yam_ Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company ■ gwqw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On MAY 2 0 2011 Date before me, Pennv E. Kelley, Notary Public Here Insert Name and Title of the Officer personally appeared _ Aidan Smock Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose named) isl.Ye subscribed to the within instrument and acknowledged to me that Xglshe*ef + executed the same in:SYs/herWr authorized capacity(), +_ PENNY E KELLEY and that by ftIheriEKAr signature(X) on the instrument the "i COMM #1832759 r� person(g), or the entity upon behalf of which the persono) N �� NOTARY PUBLIC-GALIFORNIA to acted, executed the instrument. U r 5AN DIEGO COUNTY n hly Commission Expires 1 certify under PENALTY OF PERJURY under the laws of JAtJUAFiY 23, 2ot3 the State of California that the foregoing paragraph is true and correct. f Witness my Y. nd nd official seal. Signature h . (� - " Place Notary Seal Above 5ignat re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Off icer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here RECEIVED 2-0ll FEB 22 A1I i 99 Twit i 44"T ,(;�f, �i[f LAQUINTA GI11` G'_L.I`'S OFFICE MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: ?1-1 kothy R. Jonasson, P.E., Public Works Director / City Engineer Date: February 16, 2011 Re: Release of Rough Grading Bond for Tract Map No. 30092, Piazza Serena Please release the following rough grading bond held in your files for the above referenced tract. All areas of the project site have been constructed per the approved rough grading plan. The rough grading bond amount and the address to the developer and Surety Company are as follows: Tract Map No. 30092 Bond Description Bond No. Bond Amount Rough Grad ing 8691932 $307,075 Developer: Mr. Darren Bolton K. Hovnanian Homes 1500 S. Haven Avenue, Suite 100 Ontario, CA 91761 Surety Company: Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196 Cc: Project File I, Tract Map No. 30092 Amy Yu, Assistant Engineer 11 Twylll 4 4 amb(Z P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 February 22, 2011 Mr. Darren Bolton K. Hovnanian Homes 1500 S. Haven Avenue, Suite 100 Ontario, CA 91761 Re: Tract Map 30092 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office hereby releases Grading Bond #8691932 in the amount of $307,075.00 If you have any questions, please call me at (760) 777-7002. Sincerel Veronica Mo City Clerk cino, CIVIC cc: Tim Jonasson, Public Works Director/City Engineer Fidelity & Deposit Company of Maryland File Bond No. 8691932 Premium: $2,303.00 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to K. Hovnanian Forecast Homes, Inc. , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as Tract No. 30092 ; and WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and Fidelit e and Dosit Company o-f ]�a land Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Three Hundred Seven Thousand Seventy Five and no/100 Dollars Dollars($ 307,075.0,01awful 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 MN Grading Bond Encroachment Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on November 17, 2004. K. Hovnanian orecast Homes, Inc. Print" (Seal) �~ Si re f rincipa St Title of Signatory Fidelit7 and Deposit ComPany of Maryland Surety (Seal) -AMM--'N' Sig ature of Surety Victoria M. Campbell, Attorney —in —Fact Title of Signatory 801 N. Brand Blvd., Penthouse Suite Glendale, CA 91203 Address of Surety 818) 409-2817 Phone # of Surety Rent Roberts Contact Person For Surety P210 STATE OF California COUNTY OF Orange On NOV 1 7 2004 SS. before me, Janina Monroe, Notary Public J � PERSONALLY APPEARED Victoria M Campbell personally known to rye (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon -behalf of which the person(s) acted, executed the instrument. Signa OPTIONAL .>ANINA 941ONROE Commission * 1362485 Notary Pub•.ic - C&j;fcjrnia 1 Orarn;a County y ply rcnm. G�,i�:F Jut, 25, 23:a, This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nn.E(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ T9USTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF -ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rev, 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of _ cjx$aEnyytjhj3:) J On Itl r� f before me, —R yL Iry Date Nnme and Ttfg o �Itice[ ta.g., a Don, Notary Puhllc') personally appeared Sti Reams Names) of Signer(s) AMY R. WILLIAMS f Commission # 1411026 = Notary Public -California i�t� County Apr 13, 2007 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(M whose name¢) is/jgp subscribed to the within instrument and acknowledged to me that helms executed the same in his/ti DDM authorized capacity(, and that by his/iD, signature(M on the instrument the person¢), or the entity upon behalf of which the person(o acted, executed the instrument. WITNES my han and o ial seal. Sigriadirli of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:O Document Date: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association - 9350 De Soto Ave-, P.O Box 2402 • Chatsworth, CA 91313-2402 • www.nationainotary.org Prod No 5907 Reorder: Call Toll -Free 1-800-876.6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Victoria M. CAMPBELL, of Irvine, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, an4dcute d deed: a nd all bonds and undertakings and the execution of such bonds or undertakings in pursuancnts, s as binding upon said Company, as fully and amply, to all intents and purposes, as if they had beed owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in theip This power of attorney revokes that issuedon behalf of Victoria M. CAMPBELL, dated October 2 The said Assistant Secretary does hereby certify on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is { IN WITNESS WHEREOF, the said Vic 'dent an istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said ITY A%" POSIT COMPANY OF MARYLAND, this 13th day of December, A.D. 2000. ATTEST: 'gyp DUO',�i O � W im T � WPfih T. E. Smith State of Maryland County of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistant Secretary M. J. Anderson Vice President On this 13th day of December, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. CI' J. F HDP T� Carol J. Fader Notary Public My Commission Expires: August 1, 2004 POA-F 012-3044E 0 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $0 waived 0. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorisrn Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a wax declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc 4 Xi& QuIAM DEMAND/ CHECK. REQUEST or� V Return check to requestor Mail check Name / Title of person requesting check _AMY Y V_SS Department individual is associated with: 6t6o c- t/vo R KS Check payable to: j Rxr—mST * m r-S SouTN&gny CW-Gr4�rfn14 (Name) (Vendor No.) } %', -v V /U,i--nl I �1 nl Cam �O-r4 Si (Address l,Oo 5. Akketi -AV-r; S t- -F& I bo 9/7T I Check description and invoice number: Account Number: l 0/-0000 _)_)l ! 0 —00 Project Number: OS--- 00 —7 PCLEYbC OF PM-10 CRg Woj t r Fog A1A2!z-,4 SEP&N4 Tin 30o 9a? , !� Ham✓ �DL� Y6 iFc 7 7 C Ab 6 Lit &2u11,1774 & 6*P LA 6'W1A1r4 1%4-S /hfi-D& Wps) r A-3 APPROVED FOR PAYMENT (Finance Department Use Only) t Signature, arI..G ' BY: BY: ACCOUNT NO. DESCRIPTION FINANCE p Revenue Code 1 l CASH DEPOSIT STATUS SHEET* Budget Account No. DIN:30092 Project Location: Northwest crn of Monroe Street and Avenue 58 Developer: FORECAST HOMES -SOUTHERN CALIFORNIA, K. HOVNANIAN COMPANY, 3536 CONCOURS #320; ONTARIO, CA 91764 _ [—]CASH SECURITY - DE' Dust control; ❑As-bu. ® Other [—]CASH PAYMENT - DE DATE 1114104 ! s CITY OF LA OUINTA * C.sSTOMER RECEIPT* Date: 11/05/04 01 Receipt no: 4543 Customer Locat-Hn Name Amount 697 E137 DELETE THIS RECORD AD ArR DEA'19ER DEPOSITS $19250.00 Trans number: 21628 FORECAST Q4ES/DUST CONTRL DEP N/W CORNH KINROE & AVE 58 Tender detail Ck CHECR 133119 $19250.00 -Totai tendered S1gc50:00 Total payment $19250.00 Trans date: 11/05/04 Time: 11:42:31 ** TFW& YOU FOR YOUR PAYMENT fff :-.-.-.n.,_y_,...s,.'. -.•-: -.•_a,m•.•.•�bn,�s.• yry.yti^�yvM1r4+LM. 'PAYPI&TS RECEIVED AFTER 3 P.M. WILL nE tSTED TO THE NETT DAYS ACTIVITY COMMENTS 25% CASH OF THE PM10 FOR THE ENTIRE SITE. DSIT rents ?SIT BALANCE $19,250.00 CITY OF L.AGIUINTA FINANCE DEPT. Pay NINETEEN THDUSAND TWO HUNDRED FIF•TYAND 00/100 Dollars **VOID AFTER .:Six MONTHS".:' 1i600133L1911' ':0GLLL27881: 003299776775V Tiat 4 Sep a" MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: d Wimmer, Development Services Principal Engineer/ V Via: imothy R. Jonasson, Public Works Director / City Engineer Date: June 9, 2011 Re: Release of Performance and Labor & Materials Securities for Tract Map No. 30092, Piazza Serena Please release the following Performance and Labor & Materials securities held in your files for the above referenced tract. K. Hovnanian has sold its interest in this tract to Cado La Quinta, LLC and has assigned the subdivision improvement obligations to Cado La Quinta, LLC by the Assignment and Assumption Agreements. Cado La Quinta, LLC has submitted Performance bonds, Labor & Materials bonds, and dust control cash deposit in the amount of $19,250 as required by the Assignment and Assumption Agreements. The Finance Department is processing the release of K. Hovnanian's PM-10 Dust Control cash deposit in the amount of $19,250. A copy of the check will be forwarded to the City Clerk office once the check is issued. The Labor & Materials bond for on -site improvements is no longer required per Engineering Bulletin 07-01. The security amounts and the address to the surety companies are as follows: TRACT No. 30092 Bond No. Type of Bond Bond Amount 8691933 Dust Control $57,750 6280428 Performance (on -site) $721,621 6280428 ,/ Labor & Materials (on -site) $4,491, 200 6280429 Performance (off -site) 34,992 6280429 Labor & Materials (off -site) �$;!'l68,890 TATracts_Parcel Maps_SP\30000-39999\30092\Internal Correspondence\Release of K. Hov Securities memo Tm 30092.doc Developer: Mr. Shane Maloney K. Hovnanian Communities 1500 S. Haven Ave., Ste 100 Ontario, CA 91761 Surety Company: Fidelity and Deposit Company of Maryland (Dust Control Bond) 1400 American Lane Schaumburg, IL 60196 Surety Company: Safeco Insurance Company of America (Performance and 1001 4th Avenue Labor & Materials Bonds) Suite 1700 Seattle, WA 98154 CC" Project File I, Tract Map No. 30092 TATracts_Parcel Maps_SP\30000-39999\30092\Internal Correspondence\Release of K. Hov Securities memo Tm 30092.doc T-ilf 4 �a" P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 June 14, 2011 Mr. Shane Maloney K. Hovnanian Communities 1500 S. Haven Ave., Ste 100 Ontario, CA 91761 Re: Tract Map 30092 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office hereby releases the following Bonds: Bond No. 8691933 Dust Control $57,750. Bond No. 6280428 On Site Performance $721,621. Bond No. 6280428 On Site L & M $4,491,200. Bond No. 6280429 Off Site Performance $534,992. Bond No. 6280429 Off Site L & M $2,168,890. If you have any questions, please call me at (760) 777-7002. Sincerely, Susan Mays s, Deputy City Clerk City of La Quinta cc: Tim Jonasson, Public Works Director/City Engineer Fidelity and Deposit Company of Maryland — Dust Control Bond Safeco Insurance Co. — Labor & Materials Bond File Bond No. 8691933 Premium: $433.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quints, California, is prepared to authorize K. Hovnanian Forecast Homes, Inc. , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract No. 30092 Piazza Serena ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quints Municipal Code, Chaper 6.16, entitled Fugidve Dust Control to reduce fugitive dust and corresponding PM10 emissions; and , . WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # o , prepared specifically for time subject construction site, is financially secure by furnishing security for the faithful performance of the dust control ac. itities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and Fidelity and Deposit .Company_ _of Maryland as Surety, are held and firmly bound unto the City of La Quints, as Obligee, in the penal sum of Fifty Seven Thousand Seven Hundred Fifty and no 100_ Dollars Dollars ($ 572750.00 ) 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 shell 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 terns of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 Fugitive Dust Control Bond Fugitive Dust Control Plan # 04118 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on November 17, 2004. Prind (Seal) ature of Principal' Steven Kee, VP Title of Signatory Fidelitv and -Deposit C any of Iiaxyland Surety (Seal) ��- SigNature of Surety a+a Victoria M. Campbell, Attorney--in-Fact Title of Signatory 801 N. Brand Blvd., Penthouse Suite Glendale CA 91203 Address of Surety (818) 409-2817 Phone # of Surety Rent Roberts Contact Person For Surety Fz71 STATE OF California COUNTY OF Orange On NOV 17 200r SS. before me, Janina Monroe, Notary public PERSONALLY APPEARED Victoria M Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed tothe within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL JANINA MONROE Commission # 1362485 zca Notary Public - California: > :;� Orange County My Comm. Expires Jun 25, 2006 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrr e(IES) DESCRIPTION OF -ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Y16�X before me, ky Date Name and Tille o Ofrlcer {e.glam DDO, Nola,y PuNK'j personally appeared sbmm Yom-_ AW R. WILLIAMS _ Commisslon # 1411026 -a Notary Public - California San Bernardino County My Comm. Explres Apf 13, 2007 Name(s) of Signers) ' ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(jo whose nameo() is/,Vp subscribed to the within instrument and acknowledged to me that hem executed the same in his/tM authorized capacityft, and that by his/*bob* signature(M on the instrument the personk), or the entity upon behalf of which the personoQ acted, executed the instrument. WITNESS my hand and offi ' I seal. Sgnoture of Notary PtgAir, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type of Document: 33 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: as t� National Notary Assodation • 9350 De Soto Ave., P.O Box 24112 - Chatsworth, CA 91313-2402 • www.natiominolary.org Prod, No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Power -of Attorney - FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,.of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to. be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Victoria M. CAMPBELL, of Irvine, California, its a and lawfu agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and ad deed: o nd all bonds and undertakings and the execution of such bonds or undertakings in pursuans itsce of th esents, s as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been d uted owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their roper p This power of attorney revokes that issued on behalf of Victoria M. CAMPBELL, dated October 2 _ The said Assistant Secretary does hereby certify extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is force. IN WITNESS WHEREOF, the said Vic 'dent an istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said, ITY A .POSIT COMPANY OF .MARYLAND, this 13th day of December, A.D. 2000. ATTEST: d-Mvtls�r a w� 1K r Me .r T State of Maryland County of Baltimore ss: �o T. F. Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistant Secretary M. J. Anderson Vice President On this 13th day of December, A.D.- 2000 before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. qro J t�IDTId:+r Carol J. Fader Notary Public My Commission Expires: August 1, 2004 POA-F 012-3044E 0 ZURICH TMS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $0 waived 0. This amount is reflected in the total premium for this bond. Disclosure of Availability of Covers re for Terrorism Lasses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States -government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a wax declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749.doc TW�r 4 4aN&rw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Aothy R. Jonasson, Public Works Director / City Engineer Date: April 28, 2009 Re: Reduction Bond Riders to Performance Securities for Piazza Serena, Tract Map No. 30092, due to Completed On -Site and Off -Site Improvements Please attach the new reduction bond riders to the existing Performance securities bonds for TM 30092, on -site and off -site improvements. Please find enclosed the new reduction bond riders (reduced amounts) which will secure the completion of the remaining improvements. A copy of Safeco Insurance Company of America's profile from the Department of Insurance website is attached. The amounts and addresses to the developer and the surety company are as follows: TRACT No. 30092 Bond Number Performance Se cu rit Reduced Performance Amount 6280428 $4,525,200 $721,621 6280429 $2,168,890 $534,992 Developer: Mr. Darren Bolton K. Hovnanian Homes 1500 S. Haven Avenue, Suite 100 Ontario, CA 91761 Surety Company: Safeco Insurance Company of America 1001 4tn Avenue Suite 1700 Seattle, WA 98154 Cc: Project File I, Tract Map No. 30092 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\30000-39999\30092\Internal Correspondence\Bond Reduction Rider memo TM 30092.doc Exhibit A DEVELOPMENT - TRACT MAP NO. 30092, PIAZZA SERENA ON -SITE IMPROVEMENTS Performance Security Improvement Description Labor & Material Original Amount 1st Partial Reduction (Percent) 1st Partial Reduction Amount Grading $153,538 $153,538 90% $15,354 Drainage $59,600 $59,600 0% $59,600 Street Improvments $683,633 $683,633 70% $205,090 Domestic Water $546,896 $546,896 90% $54,690 Sanitary Sewer $225,130 $225,130 90% $22,513 Dry Utilities $819,000 $819,000 90% $81,900 Perimeter Walls $328,050 $328,050 90% $32,805 Monumentation - $21,280 0% $21,280 Standard 10% Contingency $281,600 $283,700 80% $56,740 Professional Fees, Design 10% $309,700 $312,100 90% $31,210 Professional Fees, Construction 10% $309,700 $312,100 80% $62,420 No Plans Contingency 25% $774,400 $780,200 90% $78,020 TOTALI $4,491,247 $4,525,227 $721,621 TATracts_Parcel Maps_SP\30000-39999\30092\Internal Correspondence\Bond Reduction Rider memo TM 30092.doc i� 13 To be attached to and form a part of Bond: 6280428 Effective Date: January 11, 2005 Bond Amount:$4,525,200 Bond Description: Tract Map No. 30092 - Piazza Serena - On -Site Improvements Principal: K. Hovnanian Forecast Homes, Inc. Surety: Safeco Insurance Company of America Obligee: City of La Quinta In consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to changing: Bond Amount: From: $4,525,200 To: $721,621 Nothing herein contained shall vary, alter or extend any provision of condition of this bond except as herein expressly stated. This rider is effective on: April 15, 2009 Signed and Sealed: April 15, 2009 Principal: K. FIo nanian Forecast Homes, Inc. By: �i narran'LwHan V. X"VI 'MwPw'U* Surety: , afeca sum parry America LM iAa Mo4oe, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On ,APR 15 2009 before me, Michelle Haase Nota Public Date Here Insert Name and Tide of the Officer personally appeared Janina Monroe Name(s) of rQ.49 MICHELLE HAASE Commission # 1810436 Notary Public - California Orange County M Comm. Ex Tres Aug22, 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islarasubscribed to the within instrument and acknowledged to me that#elshellhay executed the same in 4islherltheW authorized capacity(k-*, and that by-his/herlt4ei# 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. Signature Place Notary Seal Above S€gnatur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Titles)-, ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association - 9350 De Soto Ave., P.O. lime 2402 - Chatsworth, CA 91313-2402 - www.NabonaiNotaryorg hem #5907 Reorder. Cad Todfree 1-800-876-6827 10�Libert- POWER Lituila OF ATTORNEY M KNOW ALL BY THESE PRESENTS: No. 11614 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *****`*PAUL BOUCHER; LEONARD G. FODEMSKI; JANINA MONROE; TIMOTHY J. NOONAN; SUSAN THURSTON; Los Angeles, California"""" its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st March 2009 day of Dexter R. Legg, Secretary _ Timothy A. Mikolalewskl. Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the Sy -Laws, and (il) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation APR 16 2009 this day of I�RFtiRRTE SEA% y SEAL WA31� �'ee[tnrxt : pq* Rrkj 9 Dexter R. Legg, Secretary S-0974113S 3109 WEB PDF State of California ) CALIFORNIA ALL-PURPOSE County of ) CERTIFICATE OF ACKNOWLEDGMENT On t^1- Ili- OG before me, iC. r (here insert name and title of the of cer) personally appeared -ozetv-n Bonn _ who proved tome on the basis of satisfactory evidence to be the person(P whose named is/aR subscribed to the within instrument and acknowledged to me that he/sheft4ey executed the same in(E;4(fre64hei-r authorized capacity(io), and that by his/hefAheir signaturefd) on the instrument the personV), or the entity upon behalf of which the person(4 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. Signature OPTIONAL INFORMATION 711{III{Ill[ IMIItlINYN11rt{N ffIWI1t111Nllls: MONICA TELLEZ = COMM. #1801103 x Notary PuhliC - California San Bemarrtinp County my Comm. Jun. 10.2012 (Seal) Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: LQ form(s) of identification Q credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007 Notary Rotary, Inc.925 29th St., Des Moines, IA 50312-3612 Form ACK03, 10/07. To re -order, call toll -free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotarycom Piazza Sans>a .mite Zrpmvwmts SUBDIVISION IMPROVEMENTS Tract Map No. 30092 PERFORMANCE BOND Bond No. 6280428 Premium: $22,626.00 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La quinta has approved the final map for Tract Map No. 30092 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS. the City Council of the City of La ❑uinta, State of California, and K. Hovnanian forecast Homes, Inc, hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200, and identified as Tract Map No. 30092 , is hereby referred to and made a part hereof, and WHEREAS, said principal is required -under the terms of said agreement to furnish a bond for the faithful perfcrmance Of said agreement. NOW, THEREFORE, we, the principal and Safeco Itisurance Com-pagy of America as surety, are held and firmly bound unto the City of La ❑uinta hereinafter called ("Clty"), in the penal sum of Four Million Five Hundred Twenty Five* DOLLARS ($ 4, 525 , 200.00 ) 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. *Thousand Two Hundred and no/100. The condi'bon of this obllgation 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 attomey'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 Page 1 or 2 The surety hereby stipulates and agrees that no change, extension Of time, 4aration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive nonce of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereoft this instrument has been duly executed by the principal and surety above named, on January 11, 2005. K. Hovnanian Forecast Homes, Inc. Principal (Seal) ._ . u e ❑f rincipai Start Fie, VP Lard Devel.apmnt Title of Signatory Safeco Insurance Company of America Surety 1 (Seal) J )I f�' n m M Signs ure ❑ urety . -�J Victoria M. Campbell, Attorney —in —Fact Title of Signatory 120 Vantis, 3rd. Floor Aliso Viejo, CA 92656 Address of Surety (949) 860-6605 Phone # of Surety Jim Hume Contact Person For Surety F201 - Porformance Bond Page 2 of 2 STATE OF California COUNTY OF _Orange On JAN 11 2005 PERSONALLY APPEARED SS. before me, Janina Monroe, Notar public Victoria M Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL JANINA MONROE Commission # 1362485 z Notary Public - California zZ Armes County My rrrm, Jun 26, This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrrLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY -IN -FACT ❑ TRUSTEE{S) ❑ GUAROIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTTTY(IES) DESCRIPTION OF -ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I0-0e1 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. _,�._l�rr}im Onbefore me, Qa1� Name and This o f"t (ag., ane Doe, salary P,,Nl "j ' personally appeared Name(s) of Signer(s) RMY R, MLt.1AMS GOmmkSslon # 1411026 aAy Notary Public - Cotltomka Son l3ernardln0 County Comm. Expires Apr 13. 2007 y ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(jo whose namek) is/W subscribed to the within instrument and acknowledged to me that helmsexecuted the same in his/tXHXW authorized capacity , and that by his/Iftob* signature(M on the instrument the person¢), or the entity upon behalf of which the personDQ acted, executed the instrument. WITNES my hand nd offi ' seal. f &5)m NOiary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ©�- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name. ❑ Individual Top of plumb here ❑ Corporate Officer — Title(s): ElPartner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ewe • �MMWOrtn, CA Y1313-2402 • www.naikxmlriolary.org Prod. No. 5907 Reorder: Call Toll -Free 1-BOo-876-6827 TW�r 4 4aN&rw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Aothy R. Jonasson, Public Works Director / City Engineer Date: April 28, 2009 Re: Reduction Bond Riders to Performance Securities for Piazza Serena, Tract Map No. 30092, due to Completed On -Site and Off -Site Improvements Please attach the new reduction bond riders to the existing Performance securities bonds for TM 30092, on -site and off -site improvements. Please find enclosed the new reduction bond riders (reduced amounts) which will secure the completion of the remaining improvements. A copy of Safeco Insurance Company of America's profile from the Department of Insurance website is attached. The amounts and addresses to the developer and the surety company are as follows: TRACT No. 30092 Bond Number Performance Se cu rit Reduced Performance Amount 6280428 $4,525,200 $721,621 6280429 $2,168,890 $534,992 Developer: Mr. Darren Bolton K. Hovnanian Homes 1500 S. Haven Avenue, Suite 100 Ontario, CA 91761 Surety Company: Safeco Insurance Company of America 1001 4tn Avenue Suite 1700 Seattle, WA 98154 Cc: Project File I, Tract Map No. 30092 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\30000-39999\30092\Internal Correspondence\Bond Reduction Rider memo TM 30092.doc Exhibit A DEVELOPMENT - TRACT MAP NO. 30092 DEVELOPMENT NAME - PIAllA SERENA OFF -SITE IMPROVEMENTS Performance Security Off -Site Improvement Description Labor & Material Original Amount 1st Partial Reduction (Percent) 1st Partial Reduction Amount Street with Median (Monroe Street) $192,570 $192,570 90% $19,257 Street Improvements (Ave 58) $188,600 $188,600 90% $18,860 Sewer Improvements (Monroe Street) $126,870 $126,870 90% $12,687 Water Improvements $213,400 $213,400 90% $21,340 Storm Drain $8,910 $8,910 90% $891 8 FT Wide Meandering Sidewalk $61,630 $61,630 90% $6,163 Landscaping (Parkway) $394,170 $394,170 90% $39,417 Landscaping (Median) $53,650 $53,650 0% $53,650 Traffic Signal at Entrance $120,000 $120,000 0% $120,000 Standard 10% Contingency $135,980 $135,980 70% $40,794 Professional Fees, Design 10% $149,580 $149,580 70% $44,874 Professional Fees, Construction 10% $149,580 $149,580 70% $44,874 No Plans Contingency 25% $373,950 $373,950 70% $112,185 TOTAL $2,168,890 $2,168,890 $534,992 TATracts_Parcel Maps_SP\30000-39999\30092\Internal Correspondence\Bond Reduction Rider memo TM 30092.doc RIDER To be attached to and form a part of Bond: 6280429 Effective Date: January 11, 2005 Bond Amount:$2,168,890 Bond Description: Tract Map No. 30092 - Piazza Serena - Off -Site Improvements Principal: K. Hovnanian Forecast Homes, Inc. Surety: Safeco Insurance Company of America Obligee: City of La Quinta In consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to changing: Bond Amount: From: $2,168,890 To: $534,992 Nothing herein contained shall vary, alter or extend any provision of condition of this bond except as herein expressly stated. This rider is effective on: April 15, 2009 Signed and Sealed: April 15, 2009 Principal: K. Hovnanian Forecast Homes, Inc. By: e" -Z-cecr, ;-ores v.?. Sure . Safe I urance Co y of America IV By: Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of On APR -1 b 2009 Date before me, Michelle Haase Nota Public Flere Insert ame and Title of the officer personally appeared Janina Monroe Name(s) of Signer(s) MIC14ELLE HAASE Commission # 181043B Notary Public - California Orange County M Comm. Expires All 22, 2012 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arQ-subscribed to the within instrument and acknowledged to me that#e/she/ibey executed the same in + s/hedtheir authorized capadty(ies , and that by44Wher/t#e4 signature *on the instrument the person*, or the entity upon behalff-of which the person4s)- acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand nd official seal. Signature Place Notary Seal Above Stgnaturb of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer —Title (s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationedNotaiy.org Item #5907 Reorder: Call Toll -Free 1-900-976-6a27 10� Liberty POWER mutud,l, OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 11614 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *******PAUL BOUCHER; LEONARD G. FODEMSKI; JANINA MONROE; TIMOTHY J. NOONAN; SUSAN THURSTON; Los Angeles, California.,***** **********-**** ..*** ******-A*********-*,*********"************* its true and lawful attomey(s}in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st ]'� X* a.k,1 day of March 2009 Dexter R. Leag, Secretary Timnthw A. Mikola ewskl VIce President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS .., the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and yi) A copy of the power -of -attorney appointment, executed pursuant thereto, and (N) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this APR 41 5 20M day of SEAL � V SEAL raX3 X* R-kjj Dexter R. Legg, Secretary S-0974/DS 3/09 WEB PDF State of California ) CALIFORNIA ALL-PURPOSE County of _�:n ) CERTIFICATE OF ACKNOWLEDGMENT On _ Lk-110.-C _ before me, T ' y�•L +) is (here insert name and title of t%Ic officer) personally appeared c- who proved to me on the basis of satisfactory evidence to be the person(Q) whose nameV) isAw&subscribed to the within instrument and acknowledged to me that he/Mie/tbey executed the same in his/hQ4t4eir authorized capacity0es}, and that by his/kef/*eir signatureV) on the instrument the personks), or the entity upon behalf of which the person(p 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. Signature twal"e OPTIONAL INFORMATION rINlft111111411faillNNp111L' MONICA TELLEZ COMM. #1801103 x' Notary Public - California San Bernardino County%_MV _ Corrun. Explilre5 Jun. 10, 20129 ■IINN iullm II (Seal) Although the information in this section is not required bylaw it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorizeddocument and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing- Title(s) Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: LO form(s) of identification Q credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additionalsigner(s) ❑ Signer(s)Thumbprint(s) ___ ...--_., .._.-.,, ­ '.. ,.., . .1 —.1- 11 ru-1 N�nw_ ivivi. to re-oraer, call toll -tree 1-877-349-6588 or visit us on the Internet at httpl/wwwnotaryrotary.com Piazza SerEna Offs#e BVcaA mts SUBDIVISION IMPROVEMENTS Tract Map No. _30092 PERFORMANCE BOND Bond No. 6280429- Premium: $10,844.00 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of time City of La ❑uinta has approved the final map for Tract Map No. 30092 , prior to installation of certain designated public improvements required by the Conditions of Approvaf for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and K. Hoynanian Forecast Homes, Inc. hereinafter designated as " have entered into an agreement whereby principal agrees to install and complete certain designated publl� improvements, which said agreement, dated , 200, and identified as Tract Map No. 30092 , is hereby referred to and made a part hereof; and WHEREAS. said principal is required underthe terms of said agreement to furnish a bond for the faithful performance of said agreement NOW. THEREFORE, we. the principal and Safeco Insurance Company of America as surety, are hold and firmly bound unto the City of La ❑ulnta hereinafter called ("Clty"), in the penal sum of Two Million One Hundred Sixty Eight* DOLLARS ($ 2,168, 890.00 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. *Thousand Eight Hundred Ninety and no/100. 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 speckled, and in all respects according to their true intent and meaning, and shall indemnify and save null and void; otherwise it shall be and remain in full force and effect harmless the City, Its Officers, agents and employees, as therein stipulated, then this obligation shall become 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 Page 1 of 2 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 thereunder 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 addltlon to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 11, 2005. K. Hovnanian Forecast Homes, Inc. Princi (Seal) gnature of Principal Steven Kbt-re, vP Land 1�1 t Title of Signatory Safeco Insurance Company of America Surety (Seal) V )tr�n I nj -fn ffi N',ri"01 Signature of Surety Victoria M. Campbell, Attorney —in —Fact Title of Signatory 120 Vantis, 3rd. Floor Aliso Viejo, CA 92656. Address of Surety (949) 860-6605 Phone # of Surety Jim Hume Contact Person For Surety F201 - Performanca`Bond Page 2 of 2 STATE OF California COUNTY OF Oranee On JAN 11 2005 PERSONALLY APPEARED SS. before me, Victoria M Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon -behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature �tyC_ OPTIONAL Janina Monroe, Notary Public dANINA MONROE Commission # 1362485 r Notary Public - Califomia zz Orange County COMMI. Expires Jun zs, zaps This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTTL.E(S) ❑ PARTNER(S) ❑ LIMITED 1-1 GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTMOES) DESCRIPTION 'OF -ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I0-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of S33 ern On before me _ DaleNameand 1 ilia of OMicer (o g., enp Qoa, Wary Publ,c') personally appeared �sb3m Keme AMY R. ALU4MS Commission # 1411026 z 4my Notary Public • CaSan Bernardino County Comm, Expires Apr 13, 2007� Name(s) of signers) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(jo whose name¢) is/Vp subscribed to the within instrument and acknowledged to me that hemexecuted the same in his/*XXM authorized capacity¢t, and that by hisftodoM signature() on the instrument the person¢), or the entity upon behalf of which the personoo acted, executed the instrument. WITNESS my hand and offici al. 1 lary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: //_�2 5- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: C7' RIGHTTNl1M9PRiNT OF SIGNER v 1999 Nanonal Notary Pssocialion • 9350 Do Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.nabonalnoi".org Prod- No- 5907 Reorder: Cell Toll -Free 1-800676-6027 Bond No. 6280428 Premium incl in Perf bond SUBDIVISION IMPROVEMENTS Tract Map No. 30092 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La ❑uinta has approved the final snap for Tract Map No. 30092 prior to installation of certain designated public improvements required by the Conditions the subject map, in accordance with the Cailfomia Map Art (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of Califorrsla, and vnanian Forecast Homes, Inc. hereinafter designated as "the principal" have improve into an hick ere whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated Tract Map No. 3Dpg2 200_ and identified as , 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 sOffident payment bored with the City of La Quints 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 ❑f the State of California NOW, THEREFORE, the principal and the undersigned as corporate surety, are Meld firmly bound unto the City of La Qulnta and all contractors, subcontractors, laborers, rmaterialmen, and other persons employed In the performance of the agreement and referred to in Title 15 fcommandnv with Section 3082) of. Part 4 of Division 3 of the. r%m Code in the sure of Four Million Four Hundred Ninety- One* --.COLLARS ($ 4,'491 200 form amounts due under the Unemployment Insurance AclHwi h respect toB thisworkof labor, that the surety will pay he same m an amount not exceeding the amount heralnabove set forth, and also in case suit is brought upon his bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fess, incurred by city In successfully enforcing this obligation, to be awarded and nixed by the court, and to be taxed as costs and to be included in the Judgment therein rendered. *,Thousand Two Hundred and No/100ths It is hereby expressly stipuiatad and agreed that this bond shall inure to the benefit of any and all Persons, companies, and corporations entitled to file claims under Tltle 15 (commencing with Sact an 3482) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to theme 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 affect, F202 - Labor and MaWlal Band Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereaf, this instrument has been duly executed by the principal and surety above named, on January 11, 2005. K. Hovnanian Forecast Homes, Inc. Princl a (Seal)--�--� ure 01 Principal QLMM Tie, VP Lard l�l it iitie of Signatory Safeco Insurance Company of America Surety (Seal) �Igr4iatureurety Victoria M. Campbell, Attorney —in —Fact Title of Signatory 120 Vantis, 3rd. Floor Aliso Viejo, CA 92656 Address of Surety (949) 860-6605 Phone # of Surety Jim Hume Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 STATE OF California } SS. COUNTY OF Orange ) On , before me, PERSONALLY APPEARED Victoria M Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. • JAL A .. , Janina Monroe, Notary Public J JANINA MONROE Commission # 1362485 Notary Public - Callfamla Orange County WComrn, ExPirss Jun 26, 2W6 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEYdN-FACT ❑ TRUSTEE(S) ❑ GUARDiAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(s) OR ENTrry(IEs) DESCRIPTION OF -ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE "'�°L "`V•0'7% ALL-PURPOSE ACKNOWLEDGEMENT S A F E C a POWER r OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12746 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint (�n ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■VICTORIA M. CAMPBELL; THOMAS� NA MONROE• Irvine, California■+rs■■s■■r■■++■+rs■■■s■■■■■■■■+s+s 1j,1,u its true and lawful attomey(s)4n-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4th day of September , 2003 4 V� L� `-,-, CHRISTINE MEAD, SECRETARY MIKE MCGAVICI,� PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in4act or under other appropriate titres with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and (ii] A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation fps r�,r� SEAL a� 195'� WAS ►►+'' 1 this JAN 11 2005 day of V., P SEAL CHRISTINE MEAD, SECRETARY S-0974/SAFE 2/01 ® A registered trademark of SAFECO Corporation 09/04/2003 PDF IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety customer of one of the SAFECO insurance companies (SAFEC❑ Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company, or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Linder this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S-6248ZW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SMB(p On /r before me, °1e Name and Title oNfilix, (e.g., larin Doe, Notary Pudic personally appeared l 1fflEL- AW R. WILLIAMS Commission # 1411026 Notary Public - caiitornta San Bernardino County My Comm. Expires Apr 13.2007 Names) of signers) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(_V whose name(g) is/,Vp subscribed to the within instrument and acknowledged to me that hem{executed the same in hisA authorized capacity ft, and that by his/ +� signature(% on the instrument the persona¢), or the entity upon behalf of which the personX acted, executed the instrument. WITNESS y hand a d officials I. signalure - Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ��� Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual Top of thumb Here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1Yw Nenonai Notary Association • 9350 De solo Ave., P.O. Box 2402 • Chatsworlh, CA 91313-2402 • www nationalralery.org Prod. No. 5907 Reorder: Call TdFFree 14W"76-6U7 Bond No. 6280429 Premium inel in Peif bond SUBDIVISION IMPROVEMENTS Tract Map No. 30092 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final snap for Tract Map No. 30092 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the Cafifornia Map Act (Government Code Section 6E462} WHEREAS, the City Council of the City of La Ouinta, State of California, and anian Forecast Homes, 'Inc. 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 Tract Map No. 30092 200 , and Identified as , 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 51e a good and sufficient payment bored with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082J 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,re held firmly bound a unto the City of La Quints and all contractors, subcontractors, laborers, materiaimePersons , and other pe employed In the Performance of the agreement and referred to in Title 15 (comma of Pori 4 of Division 3 of the Civil Coda in the sum or Two Million One Huncing with Section 3082) rsons ndred Sixty Eight* -. DOLLARS (S 2 168 890.00 ), for materials furnished or labor the of any kind, or far ar=iounts due under file lJnemployment.Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding tha amount herelnabove sat forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount tharear, costs and reasonable expenses and fees, including reasonabla attameV s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by tha court, and to be taxed as costs and to be included in the Judgment therein rendered. *Thousand Eight Hundred Ninety and no/100- It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporadons 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 there ❑r their assigns in any suit brought upon this bond. Should the condition of this band be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and affect. F202 - Labor and Malarial Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of dme, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect Its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition, In witness whereof this instrument has been duly executed by the principal and surety above named, on January 112- 20B K. Hovnanian Forecast Homes, Inc. Principal (Seal)-�—� a ura of Principal VP _ Title of Signatory Safeco Insurance Company of America Surety (Seal) Signature of Surety Victoria M. C bell, Attorney —in —Fact Title of Signatory 120 Vantis, 3rd. Floor Aliso Viejo, CA 92656 Address of Surety 0-66t75 Phone * of 5uraty Jim Hume Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 STATE OF California COUNTY OF Oranee On JAN 1 1 2005 PERSONALLY APPEARED , before me, Victoria M Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon -behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signat SS. OPTIONAL Janina Monroe, Notary Public JANINA MONROE Commission # 1362485 Z Notary Public - California z r Orange County My Comm. Expires Jun 25, 2006 This area for Official Notarial Sea! Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL C ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANlCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) DESCRIPTION -OF-ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I0-0e1 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER S A F E C O' OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12746 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint [� •...nns.n******nn******r.r+VICTORIA M. CAMPBELL; TMOMAS ;MINA MONROE; Irvine, Californian.s•s+nnnn►+s+sir++nnsrs.s* u its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4th CHRISTINE MEAD, SECRETARY day of September 2003 a� \ MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this JAN 11 2005 CORPORATE •.� SEAL x day of CHRISTINE MEAD, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 09/04/2003 PDF IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety customer of one of the SAFFCC insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insurance Company, or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S-U4B N3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _8m On / before me, pace Narno and Tide Dfficar [e g., ane Oae, NAtary Public'} r personally appeared Names) of slgnar(s) ' AMY R. WILLtg M Commisslon # 1411026 v m Notary Public - Callfomla ` San Bernardino County My Comm. Expires Apr 1-4 2007 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(jo whose named() is/W subscribed to the within instrument and acknowledged to me that hem executed the same in his/tXN)D= authorized capacity(t, and that by his/lift signature(M on the instrument the person¢), or the entity upon behalf of which the personX acted, executed the instrument. WITNESS y hand and officials al. sgrwnue of Putdic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: am Document Date: Number of Pages: — — Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ if ❑ Individual Top of thumb here ❑ Corporate Officer — Tltle(s): ❑ Partner — El ❑ General El Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I— I— - 'WWI Y ­ • :rwev ue boto Ave., P.O. box 2402 • Chatsworlh, CA 91313-2402 • www.nalkxmlr*tary.org Prod. No. 5907 Reorder: Cell Toll -Free 1-800-876-6a27 OUTSTANDING BOND REPORT Name: Forecast Homes, Inc. (Piazza Serena) Tract No. 30092 Date of Contract: No SIA Required Bond Amounts: PM10 $ 57,750 Rough Grading $307,075 Dates of Bond Reductions: Outstanding Bonds and Bond Company: Amounts . Bond No. $ 57,750 $307,075 4401977 1976 - // /o -C7/-/ National Farmers Union Standard Ins. Date Cancelled/Released' _ Yr- 4 u 4 Sep PUBLIC WORKS/ENGINEERING DEPARTMENT r,e00.9�a INTEROFFICE MEMORANDUM TO: June Greek, City Clerk FROM: Anthony Colarossi, Assistant Engineer I SUBJECT: Tract Map No. 30092, Forecast Homes, Piazza Serena DATE: November 17, 2004 I received an email from Forecast Homes (Ms. Angela Wilson) requesting that I give her the bonds back. On November 8, 2004, 1 provided the City Clerk's department with the following bonds: 1. Tract No. 30092 Fugitive Dust Control Bond Performance = $ 57,750 Bond No 4401977 2. Tract No. 30092 Rough Grading Bond Performance = $ 307,075 Bond No 4401976 May I have these bonds back or should I have Angela come over to the City Clerks office and pick them up? Thanks, Tony T:\PWDEPT\STAFF\COLAROSSI\Deposits_bond_Icredit\Forecast\Bond Return.doc 49MA TW�t 4 e(P PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: June Greek, City Clerk FROM: Anthony Colarossi, Assistant Engineer I SUBJECT: Tract Map No. 30092, Forecast Homes, Piazza Serena DATE: November 22, 2004 The City Engineer is in the process of approving a Fugitive Dust Control and Rough Grading Plans for the subject project. The developer is requesting to place a Fugitive Dust Control Bond, Fugitive Dust Control Cash Deposit, and Rough Grading Bond with the City. Please find the following enclosed: 1. Tract No. 30092 Fugitive Dust Control Bond Performance = $ 57,750 Bond No 8681933 (Fidelity and Deposit Company of Maryland) 2. Tract No. 30092 Rough Grading Bond Performance = $ 307,075 Bond No 8691932 (Fidelity and Deposit Company of Maryland) If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\COLAROSSI\Deposits_bond_Icredit\Forecast\PM10 and RG Bond used.doc .• �f "� y� PUBLIC WORKS/ENGINEERING DEPARTMENT OF S INTEROFFICE MEMORANDUM TO: June Greek, City Clerk FROM: Anthony Colarossi, Assistant Engineer I SUBJECT: Tract Map No. 30092, Piazza Serena DATE: February 2, 2005 The City Council adopted a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreements (SIAs) for Tract No. 30092, Piazza Serena. I am transferring to you the Tract Map, four (4) SIA's, and bonds for you to perform the following tasks: 1. Sign and return the Tract Map. 2. Have the City Manager, City Attorney, and yourself sign the SIA's. Keep the original and provide a copy for our files. 3. Keep the following original bonds: On -site Performance Bond No. 6280428 - $ 4,525,200; On -site Labor and Material Bond No. 6280428 - $ 4,491,200; Off -site Performance Bond No. 6280429 - $ 2,168,890; Off -site Labor and Material Bond No. 6280429 - $ 2,168,890; If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\COLAROSSI\TRANSMITS\City Clerk\piazza_serena 30092_sia_map.doc