Loading...
24517 Waring-Adams Vent 89CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT 'PHIS AGREEMENT, made and entered into this ����k day of by and between 19 �. `' ---- y hereinafterypnfurp- referred to as "SUBDIVIDE ", AND CITY OF LA UINTA �a municipal corporation of the State of California, hereinafter referred to as "CITY". WHEREAS, the Subdivider has prepared and filed a final subdivision map of Tract No. 24517 in the City of La Quinta, 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 $1,423,520.00 and Dollars; NOW, THEREFORE, IT IS AGREED by and between the parties thereto as follows: 1. Subdivider, at this sole cost and expense, shall construct and install the street, drainage, landscaping, 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. 24c;17 "; 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 $1,423,520.00 Dollars to assure the faithful performance of this Agreement, and one security to be in the sum of $71l,760.00 Dollars to assure payment of the cost of 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 of having paid the engineer or surveyor for the setting of said monuments, or as provided for in the Subdivision Map Act. 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 Subdivision Improvement Agreeement Page 2 Of _ $8,900.00 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. .24517 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 to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor and materials for six (6) months after completion and approval of the work required by Item No. 1 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. 24517 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 $774,950.00 Dollars to assure the faithful performance of this Agreement with respect to said Streets, and one security to be in the SUM of '$IR70475.00 Dollars to assure payment of the cost of labor and materials for the Streets required to be constructed hereby. 13. 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 85 . n o o . 0 o Dollars to assure the faithful performance of this Agreement with respect to said Landscaping, flood regulation basin and perimeter Lots tocxether with constriint- i nn ^ f nom—; m-4—-A�•+�a'-� i i assure payment of the cost of labor and ✓materials required to be constructed hereby. 14. 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 $63,000.00 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' Deferred Improvements. 15. 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 Subdivision Improvement Agreeement Page 3 have been constructed in compliance with the standards and specification required by City for public streets. 16. 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. 17. Subdivider shall commence the construction and installation of said Streets within ninety (90) days from the approval of such "Improvement Plans" for Tract No. 24517 by the City Engineer, and shall complete such construction and installations within eighteen (18) months from such date of commencement; provided, 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 and Item No. 13 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. 18. The labor and material security required herein at Item No.12 and No. 13 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 the work provided at Item No. 11 herein by the City Engineer. 19. Ten percent (10%) of the performance security required by Item No. 12 and No. 13 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. 11 herein. 20. In the event that Subdivider fails to perform any obligation hereunder, Subdivider authorized 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. 21. 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. 22. 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 �.Vaa11C�i �c:u witn the improvements agreed to be constructed and installed hereunder by the Subdivider, including costs of suit and reasonable attorney's fees. Subdivision Improvement Agreeement Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA 9 A By: Ronald L. Kiedrowski City Manager ATTEST: City Clerk SUBDIVIDER: By: By: Address: SubscribK and Swor to before me this day of ,.Q-Ce" .GI,,-, 19 Seal of Notary /o, �i, REVIEWED AND APPROVED Ci neer • f jq e F-iCIALSEAL r ��''CK! J v �[ W —5.' � �w .��k sor� s��d� O ! ElUS,,,/�" •��s i� �t ...�ad�"'�✓Qf�i�iri{t� KrIVER OE CCOL;slT'f 3'tfll. i/.,' p Oct. 2, IV92 ice: r-LZ- 90 Date EXHIBIT 'A' TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 24517 DEFERRED IMPROVEMENTS The following street improvement items are deferred for future construction by the City as needed and at the cost of the Subdivider. MEDIAN ISLAND: IMPROVEMENTS The construction of the ra sed cur and landscaped median along Fred Waring Drive boundary of Tract No.24517 is deferred at this time for future construction by the City on an as needed basis to be determined by the City. The Subdivider shall bear fifty (50%) percent of the cost of the median construction including incidentals. The Subdivider's estimated share of the median construction cost including incidentals is $38,000.00 payable upon demand to the City for construction purposes. The Subdivider's cost shall be based on actual construction cost plus incidentals not to exceed $38,000.00. Following completion of construction of the median, and in the event that the Subdivider's deposit exceeds fifty (50%) percent of the total construction cost, the balance of the deposit shall be refunded to the Subdivider. TRAFFIC SIGNALS: The construction of traffic signals at the intersection of Fred Waring Drive and Adams Street is deferred at this time for future construction by the City on as as needed basis to be determined by the City. The Subdivider shall bear twenty-five (25%) percent of the cost of the traffic signal construction including incidentals. The Subdivider's estimated share of the traffic signal construction cost including incidentals is $25,000.00 payable upon demand to the City for construction purposes. The Subdivider's cost shall be based on actual construction cost plus incidentals not to exceed $ 25,000.00. Following completion of construction of the traffic signal and in the event that the Subdivider's deposit exceeds twenty-five (25%) of the total construction cost, the balance of the deposit shall be refunded to the Subdivider. Executed in Triplicate' BOND NO* 3SM 755 138 00 PREMIUM i $500:0.0 FAITHFUL PERFORMANCE 13OND (§.Qdiy txion ) -KNOW ALL MEN BY THESE PPLEEWTS, That We, A.D-AMS.-WARIN z..■V.E.NTURESA....�.�. California eneral partner5hip ae r ngipal, and American Motorists Insurance Company auxoty, are hod and , .f irmlY bound ullta City of i a.,�qi_ ta�,_,�,�,.�_._�.:. am 0 ig a ©' n t e aLun of Twend Five Thousand ------------------------------ Doll.ars 0. ) , awful money of the Uri tad etatse, for the paymant of whiaT sum well and truly to be made, we ``' nd ourselves ,jointly and mayer•ally,.. firmly by thase presentu s IE CONDITION OF THE FOREUOINo OaI410-TION IS SUCH, That,. Wlioriaas did Principal has entered into a Subdivixion Agreement With aaid ibligee, dated , in whiQh maid Principal Alreas to Cenatruct deaignated pub o mprovements, as followni Fred Waring/Adams Traffic Signals for Tract No.24517 and, as a vondition of approving said Subdivision, the princ.�.pal is requirod to give a bond to guarantee completion of amid improvements � NOW, THEREFORE if said Principal iahall weld, and. truly do and perform all the Covenants and obligations of said agreement on itS part tv be done and performed at the tiros and in the manner specified therein, then thin obligation shall be null and void) otherwise, it shall be and remain in, full force and of feet and, in addition, Surety agrees to pay reasonable attorneys l fees in tt10 event that it bocglneo neaesuary to bring an action to enforce this bond.. igned and sealed on _ December 7,12Q9 .______r0 ADAMS-WARING VENTURE, a_California venturor general partnership BY: E. WILLIAMS DEVELOPMENT CORP., gene artner - American Motorists Insuran W41-Aam J.Shupper,Attorney in Fact ecuted i n Triplicate BOND NO.3M 75,,,138._00*' PREMIuMz Included in Performance Bond LABOR AND MATERIAL PAYMENT BOND _.k8 Ud iv 1 M.12n ) KNOW ALL. MEN BY THESE F EBENT.S. That We, ADAMS-WARING VENTURE, a as Pr riv Pa , an Ameri can WntnCiczts Tnc iril. lrin r; Wpa g BUrsty, are held and firmly bound unto _ C.i t o� f La Lui nta .. as obligav, in the sum of Twelve Thnucand Fi va Hiindrari --- _:----------- Do axe 500.0 , aw u money of the United States, for the payment Qf who sum well and truly to be mad*, we bind.oursolves jointly and aevorally, firmly by these presents. THE'CQNDITIQN OF THE FORUGOINa OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement witxi= said obligee, dated. . , in which said Principal _,gr®eo to odrietruot esignatvd pu 1 o impravomenta, a� follows Fred Waring/Adams Traffic Signals for Tract No.24517 %nd;., as a condition of.. approving said Subdivision, the principal is required to give a Labor and Material.Payment Bond as herain provided. NQW, THEREFORE -,-if said Principal or any contractor or subcontractor f a,t1s .. to pay. for any materials, provisions, or rented equipment used in upon, or for or about the construction of the public improvements or performance of the work to be done, or for any work or labor done of any kind, in or on such improvements, said Surety Will pove ane he same in an amount not exceeding the aum set forth aces in tthe in addition, the Surety agrees to p+�Y reasorinleantact�.©neto enforce this event that it becomes necessary to bring bond. This bond shall inure to the benefit of the contractor, his subcontractorar and to persons renting equipment or furnishing labor or material.a,to thorn for the improvements. Signed and sealed on _ December 7 ,1989 ADAMS-WARI ' venturer Principe gener 1 partnership BY: G. WILLIAMS DEVELOPMENT CORP., ge a partner - Amer n M y B Wi 'a J.Shupper,Attorney in Fact Executed. J n Tri pl i cats FAITHFUL YE11FORM"CE BOND • ': . � S�bdiv sioct 1 ALL MEN BY THESE PRR64NTS, California general Dartnershio _ 0 , are i a American Motorists Insurance Com an old and, .f rm Y bound Uulta r; +Y�,� _,uinta.....�.. BOND N0.3SM 755 137 00 PRMIU14 W60.00 : That War ADAM,S-WARIING_VENTURF0 a qeo, • T1 t 1a xuun o Thirty Eight Thousand ------------------------------ •�..,�.�,..� .... r r8 0 ) , lawful money of the Uni e', -for the paten&nt Of wh a awn wall acid truly to be mt%de:, ourselves jointly and uayerally,.. firmly by thane praaeciCea t e d we CONDITION OF THE roRimoZNc osl xQAxION IS SUCH, That,. Whoreasa A Principal has entered into a Subdi�vi xion Agreement With nai. .Qae, dated in which maid Principal qes to construct deeign&t©d pub o mprovements, as followui Fred Waring Drive Median Island for Tract No.24517 j, a g a condition of approving said Subdiv,iaion, the prinalpal is aired to give a bond to guarantee completion of maid improveme nts il THEREFdREt if said Principal' ahall wall, and . truly do and perf orin L the covenants and obligations of said agreement on its part tv be e and performed at the time and in the manner specified therein, in thi® � �l cbl1gat1Qn shall be null and void) otherwise, it �shall be t a I rdmain ill full, force and e f f eo t and, in addition, surety greee pay reasonable attorneys' f eem in t1je event • that it b0cQUICd 3eaeary to bring an action to enforce this bond. . d and 8eal.ed on _ December 7.198 ADAMS-WARING VENTURE, _a California Vet tUrar� prlt►c:ip genefE artnership BY: WILLIAMS DEVELOPMENT CORP., geneartner American Motorists Insurance an Rv• iam J.Shupper,Attorney in Fact Executed i n Triplicate BOND NO. 3SM 755.1.3Z,00 .PRBMIumt Included in Performance Bond LABOR AND MATERIAL E%YM=T BOND KNOW ALL. MEN BY THESE PRESRNTS, That We, ADAMS WARING VE as Principal, and ^ Akan .Matnri Ste T n5nranrjo C mat- oy .. Surety, a:Q held and firmly. bound unto Ci jX of La_Duinta ae p q n o, n the sum Q-Nineteen Thousand ------------------------------ Do aw u inoiley of C e Uni tad States., for the payment of who sum well and truly to be made, we bind .oursolves jointly and aovorally, firmly by these presents. THB•CONDITIQN OF TIM FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement witll said obliges, dated- , in which said Principal agrees to construct danign&tad public improvements, as follows: Fred Waring Drive Median Island for Tract No.24517 Mi.. go a condition af.. approving said Subdivision, tiie Principal is squired to givo a Labor and Material .Payment Bond as herein provided* QW, MIREFORE-, - if said Principal ox any contractor or subcontractor to pay. for any material,o, provisions, or rented 6quip.ment used n Upon, or .tor or about the construction of the public improvements r performance of the work to be done, or for any work or labor done bf any kind, in or on such improvements, said Surety will pane the same in an amount not exceeding the aum set forth abovO ,the addition, the Surety agrees to pay reasbrinl©attorneys, to enforce this event that it becomes necessary to q an bond. This bond shall inure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials . to them for the improvements* Signed and sealed on December 7, 1989 • ADAMS-W RI venturer Principe genera partnership BY: E WILLIAMS DEVELOPMENT CORP., gene rtner Amer carY Motor' y B Will J.Shupper,Attorney in Fact K Executed in Triplicate' BOND N4. 3SM 754 854 00 FRDIXUM t ,835.00 FAITJiFUL yERF,0 MANCE BOND _LQradin Bond -KNOW ALL MEN BY THESE pR6ENTS That We r ADAMS-WARING VENTURE, a California ..general partnership ao r noipa , and American Motorists Insurance Com an SQty, are he 1d and :C rrn Y bound unto Ci t of La ui nta as m e sum o Fort - ----------------------------)/-- ---------- a UI� ted • poll.ars 191 740.00 wful rnonesY o tee for t 4 Payment o wh a sum wall and truly to bs made, He 8tA firmly by these presents* bind ourselves jointly and severally,.. THE0 CONDITION of THE FOREGOINo 0a14xGAT10N IS SUCH, That, Whoreasa said Principal has entered into a Subdivixion Agreement with said Obligee, dated , in which said Principal agrees to Conatruct designated public imProvementst as follows SUBDIVISION GRADING FOR RANCHO OCOTILLO PROJECT,TRACT NO.24517 and, MIS a condition of gpp ovi.ng said Subdivision, the Prino,ipal is xe�uir�d to iVe a bond to guarantee completion of maid improvements �.q , NOW, THEREFORE, if ■ aid principal shall W011 and . truly do and perform all the covenan is and obligations of said agreement on itS part to n at the tima� and in the manner specified therein, be done and performed his' obligation shall be null and voids otherwise, it s agrees then t �,n addition, Surety g and remain in full force and effect and, the event that it boc4mee to pay reasonable attorneYd feaB ithie band. nooeruary to bring an action to enforce Signed and Sealed on December 1 .'._.— ADAM - venturoz Principe general partnership BY:E.G. WILLIAMS DEVELOPMENT CORP., general partner BY: Wi 1 001 J. Shupper,Attorney in Fact Executed in Triplicate BOND NO. 3SM ' 754 854 00 PREMIUM: Included in Performance Bond TABOR AND MATERIAL PAYMENT BOND (Grading Bond) KNOW ALL MEN BY THESE PRESENTS, That We, ADAMS-WARING VENTURE, a California general partnership as Principal, and Ameri can Motorists Insurance Company Surety, are held and firmly bound unto La u i nta as Obligee, in the sum of -4n e_Hundred Ninety One ThousandSeven H nu dyed Fort --------------------- Do 1 la r s � ($ 191 740.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, whereas said Principal has entered into a Subdivision Agreement with said Obligee, dated , in which said Principal agrees to construct designated public improvements, as follows: SUBDIVISJONTd;R.ADING FOR RANCHO OCOTILLO PROJECT TRACT NO. 24517 and, as a condition of approving said Subdivision, the Principal is required to give a Labor and Material Payment Bond as herein provided, NOW, THEREFORE, if said Principal or any contractor or subcontractot fails to pay for any materials, provisions, or rented equipment used r in upon, or for or about the construction of the public improvements or performance of the work to be done, or for any work or labor done of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above and, in addition, the Surety agrees to pay reasonable attorneys' fees in the event that it becomes necessary to bring an action to enforce this bond. This bond shall inure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for the improvements. Signed and sealed on December 1 ,1989 ADAMS-WARING VENTURE, a California ", Venturer Principal artnershi BY: EG. WILLIAMS DEVE[UPME9T7W., Egen artner By: n Sur e t WMAICAN MOTORISTS INSUR NCE COMPANY B Willia V upper,Attorney in -Fact Executed in Triplicate'. BOND N0. 3SM 755 135 00 PREMIUM 1$2,919.0.0 • FAITHFUL PERFORMANCE aQND ' • �..� � $t�bdiy.L�ionL -KNOW ALL M H 8Y THESE PR SWTS, That We, A.. AMS-WARING VENTURE_ a California general a hi Qe r no�.pa , and American Motorists Insurance Company -__ are hod and, f rm Y bound unto Wit; of La nib M. OPllge®, . All th® Xuun of One Hundred _Forty Five Thousand N ja, L_Hr ndred .� ------------------------------------------------------ ars ($ 1 970.00 ) , awful money o tie Un t*d ftoe, for the payirisnt of whi0 sum wall and truly to bs ►node , we id ourselves Jointly and oevexally,..firmly by thane preaente CONDITION OF THE FOREaOINa oaLxaATroa IS SUCH, That, Whereas, d Principal hao entared into a Subdivixion Agreement w:i til maid ige•, dated , in which vaid Principal 006 to Conatruct designated pub o mprovements, as foll.owal Sanitary Sewer Facilities for Tract No.24517 U A vondition of approving s,ai,d SUbdiviaion, ,the princ,�,pai is red to give a bond to guarantee completion of acid improvements, THEREFORE, if said Principal ahall walk, and. truly do and perform the covenants and obligations of said agreement on its part tv be and performed at the time and in the manner specified tliere in, thi® obligation shall be null and vaidl otherwise, it shall be dMain in full force and effect and, in addition, surety agrees ay reasonable attorneys' fees In the event • that it bocwes vary to bring an action to enforce this bond.. and 806.1ed On December 7,lU9-_0 A_DAMS-WARING VENTURE, a California venturor� p in )a " general partnership BY:/E.G. WILLIAMS DEVELOPMENT CORP., ge partner American Motorists In! Wi1jikm J.Shupper,Attorney in Fact Executed i n Triplicate BONb NO. 3SM_ 755 .135 00 PREMIUMc Included in Performance Bond LABOR AND MATERIAL PAYM=T BOND �.,....,..__......,__.5..8 4_Aj2d iv j 1j j0n.L.._..._... ,.._.._._ KNOW ALL, MEN BY THESE PRESMT.S, That We, AD_AMS; WARING DENT RE,, ae Principal-, an Surety, are held and firmly bound unto _Ci t of La ,g -i nta am a goo, in the sum Q Seventy Two Thousand Nine Hundred Ei Qhty Fi ve--_---- bo axe 72 985.00 , -5.awf u1 momey At the United States., for the payment Qf whi-ch sum well and truly to be made, we bind .oursolves jointly and severally, firmly by these presents. THE'CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal has entered Into a Subdivision Agreement with -'said obliges, dated. , in which said Principal Igrees to construct esignatod pu 1 o improvementat as follows= Sanitary Sewer Facilities for Tract No.24517 1 end;., as a condition of.. approving said Subdivision, the Principal is required to give a Labor and Material .Payment Bond as herein provided. QW, THEREFORE -,-if said Principal or any oontractor or subcontractor ails . , to pay, f or any materials, provisions, or rented equipment used n upon, or for or about the construction of the public impro✓ementr r performance of the work to be done, or for any work or labor done f any kind, in or on such improvements, said Surety will pay the ame in an amount not exceeding the sum s.t forth above and, in ddition, the Surety agrees to pay reasonable attorneys' fees in the vent that it becomes necessary to bring an action to enforce this ond. his bond shall inure to the benefit of the contractor, his Oubeontraotors, and to persons renting equipment or furnishing labor �r materials,to them for the improvements. ;i,gned and sealed on December 7i1989 ADAMS-WAR venturer Principal gen al partnership DY . G. WILLIAMS DEVELOPMENT CORP., g n a partner B American Motor' a CnmW y 33V 1 djl� 1 is J.Shupper,Attorney in Fact kecuted in Triplicate FAITHFUL ]?DRFORMANCE BOND iv scan ALL MEN BY THESE FREUN'TS, Ca1.ifornia eneral partnership r npa , and suxaty, are no BOND No. 3SM 755 134 00 PREMIUM t $3 , 700 00 That War ADAMS-WAR NI Q VEND . a American Motorists Insurance Co Uany aid. firmly bound unto .ri ty of i Qui ota�_,,,, as p" igea, n the .gun of One Hundred-Elghty Fi e i nous n ------------------- Aollars moms ) , awful money o f t e Unted states, for t paYtrisnt o wh a stun wall 4 and truly rt�osebe ina6de, w• 7ind ourselves jointly and oover,ally,.. firmly by these p HE CONDITION OF THE FOREQOINO oBrAI 3 .TION IS SUCH, That,. Whareau , Laid Principal has entered into a Subdivision Agreetnont w3.tii said Dblige•, dated , in which said Principal agrges to Construct deaigndted publiQ improvements, as followsl Mh Landscaping Perimeter Lots and Drainage Retention Basin for Tract No-24517 a , and so a condition of approving said Subdivision, the Frinol.pal it required to give a bond to guarantee completion of maid impravementd if atm,id Principal ehall walk, and. truly do and perform Now, THEREFORE, all the Covenants and ob�.i.gatiane of said agreement on its part tv be ornned at. the time and in the manner specified therein, .done and p,r� it shall be than thi® obligation shall be null and vaidl otherwise in addition, Surety agrees and remain in Sul]. force and effect and, in the event. t�iat it bocQmee to pay reasonable attorneys fees in bond. necessary to bring an action to enforce t Signed and Sealed on December .-.It ADAMS-WARING VENTURE, a California venturor pr ncipa general partnership BY: E G. WILLIAMS DEVELOPMENT CORP., gene p rtner American Motorists Insurance Cod pa_nY Wi kim .Shupper,Attorney in Fact Executed in Triplicate BONI) NO 0 3SM 755.134 00 pRBMIUNg Included in Performance Band LABOR AND MATERIAL PAYMZNT BOND 8 div n BY �88 FREsEnS , That We , ADAMS -WAR I N VENTURE.--A- MOW ALL . M - as Principal, an d firmly bound unto Ci tv of La Qui eta Surety, are held an XMiss ae p 9643 In the cum o Ninety Two aw u money at the United Do axe 9 a ant of who sum well and truly to be mad., we Stater., for the p Ym these prerenta- bind ourselves Jointly and severally, f irm],y by Wherca■, THB CGND 1TION OF THE FORUGOINa OBLIGATION IS SUCHp Thin Wierea said Principal h�►• entered into a Subdivision which dated lsg said PrinciPal obligee, uct es�gnatod pu 1 t- improvementa, as follows: agrees to vonstr Landscaping Perimeter Lots and Drainage Retention Basin for Tract No*.24517 p g and;., as a condition o f .. aPp roving said Subdivision, tile $rincipaZ is x and Material .payment Bond as herein provided, required to givo a Labs ontractoz� Now, 'REFORM, if said Principal or any Contractor or subGment used an materials, prov�.siong, or rented equmPro✓em®ntr f ai�ls .. to pay. for Y • r about the oonstruCtion of the public cr lobar dons In upon, or .for a work r erformanCe of the work to be done, °saidx Surety Will pay the 0 1? of any kind, in or on such improvements, thecum set forth above and, in lama in an amount not excoe a rearot�abla attorneys' foes in the addit�.on, the Surety a g r e e rsiea�ssa y to bring an act�.on to enforce this event that it becomes bond. • the benefit of the contractor, his This bond shall :.note t4 ersons ranting equipment or furnishing la or subcontractors, them or the improvements. or materials to t em f signed and sealed on December 7 ADAMS-W R Principal venturer general partnership BY: G. WILLIAMS DEVELOPMENT CORP., ge a partner B • Ame 'can y B Will am J.Shupper,Attorney in Fact i 1 i sate' BOND NO. 3SM 755 133 00 ad -in Trp PREMIUM t15 , 499 : 00 FAITHFUL yERFORMANCE! BOND div aion MEN BY THESE pptszNTS, That War ADAMS WARING VF.N. 'ornia neral hi n0i�al � ai�a American Motorists Insurance Co n are hod and. -f rrn Y bound uii�a suuA o .Seven Hundred Seventy Four Thous Nine Hun rea -----------------------------------I ------------------------------ Fift-------awful Inoney ot t o Un ted are . 0 t o pa�tn�nt o wh Q awn wall and truly to be �madc , Ne oe, -for�ir�nlY bX tttoxe pre�811 ourselves Jointly and aevex.ally,.. TION OF xH� �OItEDOINo OHL�xQR7CzoN I� SUCH, That, Wh�xoaQ , E coNDI ed into a 5ubdivixion ngreemont with acid ,id Principal i1aa enter in which said principal liges, dated ub o mprovements r as follows roes to canijtru t de$ignated p Street Improvements including Storm Drainage (Structures) for Tract No.24517 tine Prinolpal is nd, 95 avondit�.Qn �� "PP""" said Subd�.v.i�ion, im rcivemetitd equixed to give a bond to guarantee complQtian of maid p �ehdll weld, and. truly do and perfoz� NOW, TH�RE�'QRE� �.f &nd principal ns of said agreement on its part to b Nil the covenants and oe tin Qi,a n the manner specified therein, lone and parformod at the time and i voidt gtnerw�.se, it shall be o thi®1 obligation phall be null and addition, su�retY agrees then and remain �.n full force and effect An in event that it bocgmcd to pay reasonable attorrieYa� fees inhislbond. naaaruary to bring an action to enforas t December Sealed on Dceb �gnod and _ _�. ADAMS-WARING VENTURE , -a California .� Vent=ar Prltioipa general partnership BY: G. WILLIAMS DEVELOPMENT CORP., ge a partner American Motorists Insurance Cgmpan J.Shupper,Attorney in Fact Executed in Triplicate BOND Noe 3SMZjL.'I.3L 00 PREMIUM, I .ded Hdnd in Performance ERIAL PAY 411T BOND . LABOR AND a T.div n KNOW ALL. MEN BY =SZ P� 5S That We, ADAMS-WARIN VENTURE, �aet Pr nv Pa , an d Amer-i-C Surety, are hel d and f irrniY. bound unto Ci t of La _ - A . cn.,on Thousand_ F - ls 0 4 n thm eum__Qf -Three-Hunarea_E__ `'------------------------- --- n oo, f G U teed event Five --------"" � aw u money a Do axe $ 47 wh v sum well and truly to be made, wee for the payment of r firmly by these prevents. ind .oursol.ves Jointly and severally, SUCH, That, whercdL■ , TtON OF TiiS FORE onm OBLIGATION iIS lion Agreement with= �sai.d •CONDI a Subd Aid Principal h&a entered. into in which said Principal ligee, dated fa110wat raeo to odri OtruoC eslgnatod pu 1 a impravomenta, as Street nage (Structures) for Tract No Improvements including St orm Drai .24517 d3,vigion, the Principal is GondIL �.t�.an a�.. ipProving eai,d Subt Bond as h®ra�.n provided. and;.. 00 to ivo a Labor and �ater�,al .paYmun required q ox any contractor or subcontractoezd W THEREFOR �' it said Principal ;gent used Q � als, prov�.siong, or rented �quiPrQ�em®ntr to pay. f or any materi Public imp r or about the oon,struct�.on Of ox+Anwork or labor done. n upon, Or .fc� Will pay the ce of the work to be done, or Surety r performance s kind, in or an such improvements, sum r•t forth Above and, the f any not exvoeding 1 fees in he amo in an Susan agrees to pay reasonable attorneys ' pn the cur Y to bring an action to enforce this ddlti r vent that it becomes near�Bsary end • his • t the, benefit of the contralabor his bond shall 'nure v ment or furnishing bcontractors, and to persons renting dquip ,.r mate rial.A to them for the improvements* signed and sealed on December ADAMS-W RI PrinclPa venturer Igenpartnership . WILLIAMS DEVELOPMENT CORP., partner Aeirr• y upper,Attorney in Fact Executed in Four (4) Counterparts. SURETY BOND BOND NO. 3SM 757 023 00 PREMIUM: $100.00 KNOW ALL MEN BY THESE PRESENTS, That we Waring -Adams Venture, a California General Partnership as Principal, and American Motorists Insurance Company as Surety, are held and firmly bound unto City of La Ouinta as Obligee, in the penal sum of Three Thousand --------__ for the a ----- Dollars ($ 3,000.00 payment p whereof, well and truly to be made, we do hereby bind our- selves, our heirs, executors, administrators, successors and assigns, jointl and severally, firmly by these presents, y WHEREAS, Principal is required by the Obligee to give this that Principal shall faithfully perform the following work;boiid, guaranteeing Restoration of Temporary Sales Office (s) and Model Home s to Residential Uses for the Following Location: Rancho Ocotillo Project, Tract No. 24517, Lots 1.2 & 3 NOW, THEREFORE, if said Principal shall faithfully perform the work agreed to be performed and shall pay for the cost of said work, then this obligation shall be void; otherwise, to remain in full force and effect. Signed, sealed, and dated this-l4___th _ day of WWari 1u-Adams , a a 1 i fn_rni a General PartnPrshi p Principal illiamq t-.rnro-".genera.]--Ja rtner By: American Motorists Insurance Compa By: Wi J.Shupper,Attorney in Fact Surety BOND NO. 3SM 755 134-A 00 PREMIUM: Included in Performance Bond Date of Acceptance if known ONE-YEAR GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, That We, WARING-ADAMS VENTURE, a California general partnership , 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 , as Obligee, in the sum of TEN THOUSAND AND NO/100THS - - - - - - - - - - - - - - - - - - - - Dollars 10,000.00 , 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. WHEREAS, under the terms of the specifications for the following described work, to wit, LANDSCAPING FOR RETENTION BASIN AND PERIMETER WALL, TRACT 24517 said Principal is required to give a bond in the amount of TEN THOUSAND AND NO/ 100THS - - - - - - - - - - - - - - - - - - - Dollars ($ 10, 000.00 ) , to guarantee the replacement and repair of defective materials or faulty workman- ship 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; otherwise, it shall remain in full force and effect. SIGNED and SEALED on April 9, 1990 WARING-ADAMS VENTURE, a California general partnership, by E. G. WILLIAMS DEVELOPMENT CORP., General Partner B AMERtAlAl'-4- OTORISTS INSURANCE COMPANY By: WilShupper, Attorney -in -Fact 747h Figueroa Street Loles, CA 90041 OUTSTANDING BOND REPORT Name: Waring -Adams Venture Tract No. 24517 Date of Contract: December 19, 1989 Required Bond Amounts: $1,423,520 - performance $ 711,760 - labor & materials $ 8,900 - monuments $ 774,950 - streets $ 387,475 - labor & materials $ 185,000 - landscaping $ 92,500 - labor & materials $ 63,000 - future streets improvements $ 38,000 - deferred improvements Dates of Bond Reductions: Grading ($191,740) reduced to $105,435 on November 8, 1991, but no replacement bonds received Streets ($774,950) reduced to $355,726 on November 8, 1991, but no replacement bonds received Perimeter ($185,000) reduced to $41,000 on March 2, 1993, but no replacement bonds received Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $ 25,000 - signal 3SM 755 138 00 $ 12,500 3SM 755 138 00 $ 38,000 - median 3SM 755 137 00 $ 19,000 3SM 755 137 00 $ 191,740 - grading 3SM 754 854 00 $ 8,900 - monument 3SM 755 139 00 Released 3/17/93 $ 317,600 - water 3SM 755 136 00 Released 7/7/92 $ 158,800 3SM 755 136 00 Released 10/6/92 $ 145,970 - sewer 3SM 755 135 00 $ 72,985 3SM 755 135 00 $ 185,000 - perimeter 3SM 755 134 00 $ . 92,500 3SM 755 134 00 $ 774,950 - streets 3SM 755 133 00 $ 387,475 3SM 755 133 00 $ 3,000 - temp.off 3SM 757 023 00 $ 10,000 - landscape 3SM 755 134-A 00 -� W Wa WHEN RECORDED � .... o • � Mail To. Cc A City of La Quinta P.O. Box 1504 + � � CA 92253"a La Quinta, N DECLARATION OF DEDICATION (FLOOD REGULATION BASIN) WARING-ADAMS VENTURE A CALIFORNIA GENERAL PARTNERSHIP herein called "Owner", in accordance with conditions of approval of Tract 24517t hereby dedicates to public use, that property described on Exhibit A, as a flood regulation basin to retain and regulate storm water runoff from said Tract and other tributary properties. 1. Owner further agrees to provide landscaping with irrigation system(s) and to perform such regular maintenance as is required to continue the safe and normal operation of the park area and flood regulation basin together with said landscaping and irrigation, lawn mowing and plant maintenance, removal of silt and debris. Said maintenance includes inspection, removal of weeds, weed control and maintenance of inlet facilities on a regular basis to insure functioning of the basin as designed. Owner -reserves the right to utilize the flood regulation basin for uses that are compatible with its function as a flood regulation facility; provided, however, no structures will be constructed within the flood regulation basin or other use made of it without prior written approval of the City of La Quinta. 2. Owner agrees that he shall indemnify and hold the City of La -Quinta free and harmless from any liability whatsoever based or assorted upon any act or omission of owner, his officers, agents, employees, subcontractors, independent contractors, guests and invitees, for property damage, bodily injury or death or any other element of damage of any kind or nature related to or in anywise connected with or arising from the construction, operation or maintenance of the flood regulation basin, complete with landscape, the condition thereof or the failure of such installation. The owner shall defend, at his expense, including attorney's fees, the City of La Quinta, their officers, agents, employees, independent contractors in any claim or legal action based on such alleged acts or omissions. H 1 3 33244 3. The owner agrees to maintain the facilities as provided herein until such time as the City of La Quinta may accept said facility for maintenance in accordance with the provisions of the Landscaping and Lighting Act of 1972. The City may elect to accept Lots 78 and 89 as herein offered for dedication following satisfactory completion of all related improvements, landscaping and irrigation system(s) and the completion of the required one year warranty period. Upon acceptance by the City of the offered dedication as herein setforth the Owner shall be released from the maintenance responsibilities, required bonding and the indemnification of the City all as provided herein. In the event the City of La Quinta does not or elects not to accept said facilities for maintenance, the Owner agrees to further maintain the facilities as provided herein until such time as determined at the sole discretion of the City of La Quinta, sufficient flood control facilities are constructed that eliminate the need for the flood regulation basin. Thereafter, the City of La Quinta may release the Owner from the dedication of Lot 78 and 89 granted herein and relinquish said property to the Owner. 4. Upon recordation of the final map for Tract 24517, the Owner shall provide a bond in the amount of not less than $10,000.00 for the initial year plus an additional five percent (5%) increase over the prior year for each year after the first year. Such bond shall be in a form acceptable to the City of La Quinta guaranteeing the maintenance of the facilities as required herein. The bond shall initially be for a full year and shall be renewed annually thereafter for a period of ten (10) years or until such time as the offered dedication is accepted by the City as herein setforth and conditioned. 2. 33244 a c a E4 0 U a� H c c� U E Q T iz a t 0 i a_ N 00 M O O CV) 5. The rights and obligations of owner shall inure to and bind all heirs, successors, or assignees of the owner. Dated: January 12, 1990 WARING-ADAMS VENTURE. A CALIFORNIA GENERAL. PARTNERSHIP By: By: By: By: WARING-ADAMS VENTURE, A California General Partnership akcL'_C�� -- STATE OF CALIFORNIA COUNTY OF Riverside ;ss. 33244 On an Lary 12, 1989. , before me, the undersigned, a Notary Public in and for said State, personally appeared E • G . Williams personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within instrument as general partner(s), on behalf of Waring -Adams Venture the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. Signature _/�� e ..a.. 4+ AL OFFICIAL SEAL VICKI J. MIORTENSON $ Notary Public-�Californla RIVERSIDE COUNTY �= My Comm. Exp. Oat. 2. t#'i&20 awo IN tin (This area for official notarial seal) 33244 EXHIBIT 'A' TO DECLARATION OF DEDICATION (FLOOD REGULATION BASIN) Lots 78 and 89 offered for dedication as Flood Regulation Basin as shown on Tract No. 24517 as recorded in Map Book 212 Pages 45-48 in the office of the County Recorder County of Riverside, State of California. 4. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 Attention: CITY CLERK DOC # 2014-0172361 05/12/2014 02:56 PM Fees:$0.00 Page 1 of 6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: CTOLOSSA RESOLUTION NO. 2014-014 ACCEPTING THE DECLARATION OF DEDICATION FROM WARING-ADAMS VENTURE FOR LOT 89 OF TRACT MAP NO. 24517 AS A FLOOD REGULATION BASIN APN 604-180-034 ff 'Worl &11 2,104A ffig 01 NMIi%A0kj1jt1jr1n %;10�&q USE ONLY This document is exempt from payment of recording fee pursuant to Government Code Sections 6103 and 27383 DOC #2014-0172351 Page 2 of 6 05/12/2014 02:56 PM RESOLUTION NO. 2014 — 014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING THE DECLARATION OF DEDICATION FROM WARING-ADAMS VENTURE, A CALIFORNIA GENERAL PARTNERSHIP, FOR LOT 89 OF TRACT MAP NO. 24517 AS A FLOOD REGULATION BASIN WHEREAS, the offer of dedication for Lot 89 of Tract Map No. 24517 as a drainage retention basin was a condition of the project; and WHEREAS, the property so offered for dedication is more fully described in Exhibit "A" hereto, which description is incorporated herein as though set forth in full (hereinafter referred to as the "Dedicated Property"); and WHEREAS, a Final Map was recorded with the County of Riverside on January 25, 1990 as Instrument 31607; however, Lot 89 was not accepted by the City of La Quinta at the time of recordation; and WHEREAS, the City of La Quinta now desires to accept said declaration of dedication in order to confirm the permitted use of the Dedicated Property and to ensure the continued maintenance of the property for flood regulation purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quints, California, as follows: SECTION 1. The City Council of the City of La Quinta hereby accepts the Dedicated Property. SECTION 2. The City Clerk of the City of La Quinta is hereby authorized to record this Resolution with the Office of the County Recorder in the County of Riverside, State of California, and the City Manager and City Clerk are hereby authorized to take any other steps required to effectuate this resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of May 2014, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DOC #2014-0172351 Page 3 of 6 05/12/2014 02:56 PM Resolution No. 2014-014 Rancho 0ootillo.ReteMlon Basin Tract Map No. 24517, Lot 89 Adopted: May 8, 2014 Pape 2 DON ADOLFIH, Mayor City of Le Quinta, California ATTEST: �d SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) r i APPROVED AS' TO FORM: M. KATHERINE JE N, City Attorney City of La Quinta, California DOC 02014-0172351 Page 4 of 6 05/12/2014 02:56 PM Resolution No. 2014-014 Rancho Ocotillo Retention Basin Tract Map No. 24517. Lot 89 Adopted: May 8, 2014 Page 3 EXHIBIT W LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: Lot 89 of Tract Map No. 24517, as filed in Book 212, pages 45 through 48, inclusive, of Maps, in the office of the County of Riverside County, California. APN(s): 604-180-034 OFFICE OF THE CITY CLERK TEL (760) 777-7103 CERTIFICATION OF RESOLUTION 2014-014 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing resolution containing three (3) pages is a full, true and correct copy of Resolution No. 2014-014 of the City of La Quinta entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING THE DECLARATION OF DEDICATION FROM WARING-ADAMS VENTURE, A CALIFORNIA GENERAL PARTNERSHIP, FOR LOT 89 OF TRACT MAP NO. 24517 AS A FLOOD REGULATION BASIN [APN 604-180-0341 Resolution 2014-014 was adopted by the La Quinta City Council on the 6ch day of May 2014. Dated: May 7, 2014 SUSAN MAYSELS, CityTlerk City of La Quinta, California 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property known as Lot 89 of Tract Map No. 24517, APN 604-180-034 offered by Waring -Adams Venture, a California General Partnership in that certain document entitled: DECLARATION OF DEDICATION (FLOOD REGULATIONS BASIN) recorded on January 26, 1990 in the official records of the Riverside County Recorder as Instrument No. 033244 is hereby accepted by the undersigned City Manager of the City of La Quinta on behalf of the City of La Quinta, pursuant to authority conferred by City Council Resolution No. 2014-014, adopted May 6, 2014, and the City consents to recordation thereof by its duly authorized officer. DATED: CITY OF LA QUINTA, CALIFORNIA, a public ody, corpor d politic By. ame itle: Fr^ Jt Spevacek, City Manager 'ty o La Quinta, California I HEREBY ATTEST to the authenticity of the foregoing signature and to the adoption of the said Resolution of his general authority to so act and certify that said authority has not been revoked by a subsequent Resolution or order of the City. DATED: S �� col By. �L y'" Name/Title: Susan Maysels, Cjty Clerk City of La Quinta, California CCFP�C�ECRII vo€�m�Eoen ?�aveesa€�a� � O 107 . OSO>>i OLL OI< oft OJL mw � 6 \ „ �•{, ry Vi �I e i . � q 6�•, A o s •# wfa n•s.. stvi = � ' � •Q'fi n�• •�% N II 41 t k Zt gawn I y M a �J 33 �^ � .u•• y.L r. i r � � II R � ~+•.. A �. cA .. __ ;..; . � � � :::°u chi