22982 Williams Development 88CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this lqIL day of
19,dL„_, by and between E'.�, lyitCr�ikr�oo,N �;� o•J
hereinafter referred to as "SUBDIVIDER", AND CITY OF LA QUINTA, a
municipal corporation of the State of California, hereinafter
referred to as "CITY".
WITNESSETH:
WHEREAS, the Subdivider has prepared and filed a final
subdivision map of Tract No. 22982 in the City of La Quintal
County of Riverside, for approval by the City; and
WHEREAS, as a condition precedent to the approval of said
map by City, Subdivider is required to offer dedication of those
parcels of land intended for streets, highways, and other public
use, and also to construct and install or agree to construct and
install certain improvements on said dedicated parcels; and
WHEREAS, Subdivider, by said map, has offered for dedication
to City for public use certain streets and easements shown on said
map; and
WHEREAS, City desires to accept the streets and easements
shown on said map for public use, and certain other such improvements;
and
WHEREAS, as a condition precedent to the acceptance of the
dedication of such streets and easements by City, Subdivider is
required to enter into an agreement with the City to construct
certain improvements; and
WHEREAS, the total cost of such improvements has been
estimated by the City Engineer to be approximately $2,049,894.
Dollars; and-- ,
NOW, THEREFORE, IT IS AGREED by and between the parties
thereto as follows:
1. Subdivider, at his sole cost and expense, shall construct
and install ,the street, drainage, domestic water, sanitary sewer and
other improvements'required to -be constructed or agreed to be constructed
as a condition precedent to the approval of said final map and acceptance
of such streets and easements, as shown on the "Improvement Plans for
Tract No. 22982 "; a copy of which is now on file in the office of
the City Engineer of the City and which is referred to and incorporated
herein as.though set forth in full.
2. Subdivider shall furnish.to City a security satisfactory in
form and substance to City Attorney executed by a corporation authorized
to transact surety business in the State of.California on forms approved
by the City, one security to be in the sum of $2.n49pollars to
assure the faithful performance of this Agreement, and one security to
be in the sum of$1 024 947 Dollars to assure payment of the cost of the
labor and materials for the improvements required to be constructed or
installed hereby.
3. Before final approval of the street improvements, the
Subdivider will place survey.monuments in accordance with the provisions
of the State Subdivision Map Act and the Subdivision Ordinance of the
City of La Quinta as shown on the Tract Map.
The Subdivider, after setting the monuments, shall furnish
the City Engineer of the City of La Quinta, written notice of the setting
of said monuments and written proof cf having paid the engineer or
surveyor for the setting of said monuments, or as provided for in the
Subdivision Map Act.
Subdivision Improvement Agreement
Page 2
4. In accordance with the terms of said subdivision
regulation aforesaid, the Subdivider does hereby agree to furnish a
security satisfactory in form and substance to the City Attorney in
the amount of $ 22,000.00 Dollars to guarantee payment of the cost
of setting monuments as stated in Item No.. 3 of this agreement.
5. The City Engineer or his duly authorized representative
upon written request of Subdivider, shall inspect the improvements
herein agreed to -be constructed and installed by Subdivider, and if
determined to be in accordance with the applicable city standards,
shall recommend the acceptance of such improvements by the City.
6. Subdivider shall complete such improvement plans including
any corrections and revisions thereto -necessary to comply with the
applicable City..standards as determined by the City Engineer, within
thirty (30) days after approval of the final map.
7. Subdivider hereby guarantees such improvements for a
period of one year following the completion by Subdivider, and
acceptance by City, against any defective work or labor done, or
defective materials furnished, in the performance of this Subdivision
Improvement Agreement by Subdivider and shall repair or replace any
such defective work or materials subsequently discovered.
8. Subdivider shall commence the construction and installation
of such improvements within ninety (90) days from the approval of such
"Improvement Plans" for Tract No. 22982 by the City Engineer, and shall•
complete such construction and installations within eighteen (18)
months from such date of commencement.
9. The labor and material security required herein at Item
No. 2 herein shall be retained by the City -for one (1) year to support
the guarantee of the improvements by the Subdivider as required by Item
No. 7 herein.
10. Ten percent (10%) of the performance security required by
Item No. 2 herein shall be retained by the City for one (1) year to
support the guarantee of the improvements by the Subdivider as required
by Item No. 7 herein.
11. Subdivider also agrees, at his sole cost and expense, to
construct and install to the standards and specifications required by
the City, the Streets as shown on the aforementioned "Improvement Plans"
for Tract No. 22982 .
12. Subdivider shall furnish to city a security satisfactory in
form and substance to the City Attorney executed by a corporation
authorized to transact surety business in the State of California on
forms approved by the City, one security to be in the sum of $1,391,284.00
Dollars to assure the faithful performance of this Agreement with respect
to said Streets, and one security to be in the sum of $690,642. Dollars
to assure payment of the cost of labor and materials for the Street
required to be constructed hereby.
13. Subdivider shall furnish to the City a security satisfactory
in form and substance to the City Attorney, one security to be in the
sum of $61,840. Dollars payable upon demand of the City for the cost of
future street improvements to be constructed by the City on an as -needed
basis to be determined by the City and as shown on the attached Exhibit 'A!
14. The City Engineer or his duly authorized representative,
upon written request of Subdivider,.shall inspect the Streets herein
agreed to be constructed by Subdivider, and determine if said Streets
have been constructed in compliance with the standards and specifications
required by City for public streets.
Subdivision Improvement Agreement
Page 3
15. Subdivider hereby guarantees said Streets for a period
of one year following the completion by Subdivider, and approval by
City Engineer, against any defective work or labor done, or defective
materials furnished, in the performance of this Subdivision
Improvement Agreement by Subdivider and shall repair or replace any
such defective work or materials subsequently discovered.
16. Subdivider shall commence the construction and installation
of said Streets within ninety (90) days from the approval of such
"Improvement Plans" for Tract No. 22982 by the City Engineer, and
shall complete such construction and installation within eighteen (18)
months from such date of commencement; provided, however, that
Subdivider shall have the option at its sole discretion to extend the
completion period described herein past the eighteen (18) months time
period to any future date said Subdivider may select. It is
understood, however, that as a condition precedent to extending the
aforementioned completion period, Subdivider shall furnish the City
the securities described in Item No. 12 herein covering any
extended completion period selected by Subdivider pursuant to this
paragraph. The amount of said securities to be furnished to City
pursuant to this paragraph.shall be sufficient to insure the
performance of additional work to complete, after taking into account
work already performed, the aforementioned Streets. Said securities
amount to insure completion shall be determined by City.'s engineer.
17. The labor and material security required herein at
Item No. 12 shall be retained to.secure payment to the contractor,
his subcontractors, and to persons renting equipment or furnishing
labor or materials for six (6) months after completion and approval
of this work provided at Item No. 11 herein by the City Engineer.
18. Ten percent (10%) of the performance.security required
by Item No. 12 herein shall be retained by the City for one (1) year
to support the guarantee of the improvements by the Subdivider as
required by Item No. 15 herein.
19. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform such
obligation sixty (60) days after mailing written notice of Default
to Subdivider at the address given below, and agrees to pay the
entire cost of such performance by City.
20. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs and
expenses incurred by City in.securing performance of.such
obligations, including costs of suit and reasonable attorney's
fees. In the event that Subdivider is unable to perform within
the time limits herein due to causes beyond his control, such as
strikes, acts of God, etc., all time limits will be extended by
the same amount of time as caused by -such delay.
21. Subdivider hereby binds itself, its executors,
administrators and assigns, and agrees to indemnify, defend and
hold the City harmless from any losses, claims, demands, actions
or causes of action of any nature whatsoever, arising out of or in
any way connected with the improvements agreed to be constructed
and installed hereunder by the Subdivider, including costs of suit
and reasonable attorney's fees.
✓ .
Subdivision IMrovement Agreement
Page 4.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF LA QUINT►
By:
Rona LL- Zxl"e*rowsk
City Manager
city clerk
SUBDIVIDER:
STATE OF CALIFORNIA )ss.
COUNTY OF }
O , before me, the undersigned, a Notary Public in and for
said State, personally appeared (��( and
personally known to me (or proved to me on the
basis of satisfactory evidence) to b the persons who executed the within instrument as
'��
.,
President and v� € nmz= on behalf of
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
A
Signature �` 61!�1111ZVJ'
REVIEWED AND APPROVED
11/86
vt-r-KAAL SEAL
CARDINAL GILLETTE
Notary Public —California
RIVERSIDE COUNTY
My Comm. Ev. Apr. 22, 1989
(This area for official notarial seal)
ty Engineer
/0 -10 9.0
Date
EXHIBIT 'A'
TO
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 22982
The following street improvement items are deferred for
future construction by the City as needed and at the cost
of the Subdivider.
IMPROVEMENTS
(1) Traffic Signal at the intersection of
Fred Waring Drive and Dune Palms Road $ 25,000.00
(2) Traffic Median (raised island) on
Fred Waring Drive 34,840.00
(3) Street Name Signs 21000.00
TOTAL $ 61,840.00
RECORDINS REQUESTED BY
FIRST AMERICAN TITLE INSURANCE COWANY
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Recording Requested By
and
When Recorded Mail to:
City of La Quinta
78-105 Calle Estado
La Quinta, CA 92253
CERTIFICATE OF CORRECTION
certify I am a Licensed Land Surveyor of the State of California.
That a subdivision map was prepared under my supervision and direction in
The City of La Quinta, Tract No. 22982.
That said Subdivision Map was recorded on December 19 , 19 88 , in
Book 1 195 , Pages 4 - 9 in theoffice of the Recorder of
Riverside County, California.
That the following data shown on said Subdivision Map is incorrect as:
If the temporary road access from Fred Waring is closed before a secondary
access to the east or south of the project is established, a temporary
secondaryaccess shall be provided thru Lot 33 to Dune Palms Road. This
�-
temporary access will be terminated once a secondaryaccess point has been
established to the east or south of the project.
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And is corrected as follows:
�3
If the temporary road access from Fred Waring is closed before a secondary
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access to the east or south of the project is established, a temporary
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secondary access shall be provided thru Lot 32 to Dune Palms Road. This
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temporary access point has been established to the east or south of the
project.
The present fee owner(s) of the property are not affected by the above
correction.
Dated:Vow
Wd LJ I.
D c �+ a.,-
� r No.3018
Exp. 6-33-92
fro. 30ta�
State of California) u U�
County of Riversides-s.
On before me, the undersigned, a Notary
Pub is i and for said State, personally appeared James F. Davidson, Jr.
known to be the person(s) whose name is subscribed to the within
instrument and acknowledged that he executed the same.
---- - - - - -- - - OFFICIAL SEAL ---- �
I r11JE.�i69t official seal. i
Y„ Notary �c Public-Californi i. r
Coy r s:
My Own. Exp. Apr syi919:; Wolary Public in and o r said a t e
CITY ENGINEER'S CERTIFICATE
This Certificate of correction has been examined by the undersigned and my
examination discloses that changes shown hereon are authorized by and comply
with the requirements of the City of La Quinta.
Dated:"/rgg Frank R. Rey ds
—T—
oQ�o�E Rsro\
No. 32740
J,r , C1 U 11-
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BOND NO. -SM 715 065 00
PREMIUM: $19390.00
TRACT NO.22982 Cactus Flower
ONE-YEAR GUARANTEE BOND
KNOW ALL MEN BY TIIESE PRESENTS, That we,
E. G. WILLIAMS DEVELOPMENT CORP.
(hereinafter called "Principal"),
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY ,
a corporation, organized under the laws of the State of Illinois
and duly licensed for the purpose of making, guaranteeing or becoming
sole surety upon bonds or undertakings required or authorized by the laws
of the State of California, as Surety, are held and firmly bound unto
CITY OF LA QUINTA (hereinafter called "Obligee")
in the sum of ONE HUNDRED THIRTY-NINE THOUSAND AND NO/10OTHS DOLLARS
Dollars ($ 139,000.00 ), lawful
money of the United States of America, for the payment of which, well and
truly to be made, we hereby bind ourselves and our successors and assigns,
jointly and severally, firmly by these presents.
WIiEREAS, under the terms of the specifications for the following described
work, to wit,
STREET IMPROVEMENTS, TRACT 22982
said Principal is required to give a bond in the amount of ONE HUNDRED
THIRTY-NINE THOUSAND & NO/10OTHS Dollars ($ 139,000.00 ), to
guarantee the replacement and repair of defective materials or faulty
workmanship furnished or installed by the said Principal, for a period of
One Year from and after the date of the completion and acceptance of same.
NOW, THEREFORE, if the said Principal shall, for a period of one year from
and after the date of the completion and acceptance of said work by said
Obligee replace and repair any and all defective materials or faulty
workmanship in said work, then the above obligation shall be void; other-
wise, it ,hall remain in full force and effect.
SEALED with our seals
1991
and dated this 7th day of January ,
E. G. WILLIAMS DEVELOPMENT CORP.
Principal
By q�
RICAN MOTORIST
By:
Davi . No
7M North
Los Angel W.
NC.-MPANY
oa Street
90041
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OUTSTANDING BOND REPORT
Name: E.G. Williams Development Corp/Cactus Flower
Tract No. 22982
Date of Contract: 10/19/88
Required Bond Amounts:
$2,049,894
- Performance
$1,024,947
- Labor/Materials
$ 22,000 -
Monument
$.1,391,284
- Performance
$ 695,642 -
Labor/Materials
$ 61,840 -
Future street improvements
Dates of Bond Reductions:
11 /19/91 - grading reduced to $105,435
streets/drainage reduced to $355,726
Outstanding Bonds:
Amount: Bond No.
$ 22,000 3SM 715 068 00
$ 61,840 3SM 715 067 00
$ 30,920 3SM 715 067 00
$1,391,284 3SM 715 065 00
$ 695,642 3SM 715 065 00
$ 139,000 3SM 715 065 00
$ 574,770
3SM 715 066 00
$ 287,385
3SM 715 066 00
$ 20,000
3SM 715 319 00
$ 8,000
3SM 716 771 00
NOTE: No replacement bonds for reduced security.
Date Cancelled/Released:
Released 10/6/90
Released 11 /20/90
Released 11 /20/90
Released 1 /15/91
(not released on Saundra's letter)
Released 1 / 15/91
(not released on Saundra's letter)
Relecc.sEci /l -1 q-Gt I
Released 9/17/91