24890-2 JM Peters 90CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT,
of April , 1990
made and entered
, by and between
into this day
J.M. Peters Com an Inc.
hereinafter referred to
corporation of
municipal P
referred to as "CITY".
VISUBDIVIDER",
as SUBDIVIDER ,
the State of
AND CITY OF
California,
LA �QUI�NTA, a
hereinafter
WITNESSETH:
Subdivider has prepared and filed a final
WHEREAS, theof La Quintal
subdivision map of Tract No. 24890-2 in the City
subdiv for approval by the City; and
County of Riverside, royal of said
WHEREAS, as a condition precedent
Odedicathe tion of those
ma by City, Subdivider is required to of and other public use,
p highways,
parcels of land intended for streets,
and install or agree to construct and install
and also to construct
certa
in improvements on said dedicated parcels; and
Subdivider, by said map, has offered for
WHEREAS, for ublic use certain streets and easements shown
dedication to City P
on said map; and
City desires to accept the streets and hersemnts
such
WHEREAS, Y and certain
shown on said map for public use,
improvements; and
a condition precedent to the acceptance
the
WHEREAS, as City, Subdivider
dedication of such streets and easentntwithy the City to construct
required to enter into an agreeme
certain improvements; and
ost of such improvements arcs anden
the total c
WHEREAS, approximately $ 0_ Doll
estimated by the City Engineer to be
WHEREAS,
Subdivider, by said map, has proposed to utilize
certain parcels of land for Prstructte sandinstall certain improvements;
tst and also to construct
and install or agree to con
and
yen though said private streets shall
thatnot
sabe
e desires to insure
WtoRECity for public use, City
dedicatedted to the same standards and specifications
streets are construe
required by City for public streets; and
the total cost of such improvements
545has
206e00
en
WHEREAS, approximately $ •
estimated by the City Engineer to be
Dollars;
NOW, THER
EFORE, IT IS AGREED by and between the parties
thereto as follows:
his solecost and expense, shall
1. Subdivider, at drainage,landscaping, domestic
construct and install the street,
irequired to be
water, sanitary sewer and
reed to be constructed as a condition precedent � nttod
constructed or ag _ _ . ;_ s� ,h �.-
alGa yrvu'_ ►.:t.d.N rovement Plans for Tract
easements, as shown on the Imp
++ . of which is now on file in the of f icCOr°orated
No.24890-2 , copy
•t Engineer of the City and which is referred to an in
C1. y
herein as though set forth in full.
SUBDIVISION IMPROVEMENT AGREEMENT - Tract 24890-2
Page 2
2. Subdivider shall furnish to City securities
satisfactory in form and substance to City Attorney executed by a
corporation authorized to transact surety business in the State of
California, one class security to be in the aggregate sum of
$937,594.00 dollars to assure the faithful performance of this
Agreement, said security class hereinafter referred to as
"Performance Bond(s)", and one security to be in the aggregate sum
of $468,797.00dollars to assure the payment of the cost of labor
and materials supplied to construct the required improvements, said
security class hereinafter referred to as "Payment Bond(s)".
All securities furnished pursuant to this Agreement shall be
furnished in amounts commensurate with the estimated value of the
various improvement items set forth in Exhibit 'A' which is attached
hereto and made apart hereof. Subdivider shall furnish a minimum of
two (2 ) separate Performance Bonds and a minimum of one
(1)separate Payment Bonds as identified by the respective Bond
Groups shown in Exhibit W.
3. DELETED
4. Portions of the improvements required herein for Tract
No. 24890-2 may be deferred to later date subject to the approval
of the City as hereinafter set forth on the attached Exhibit W. In
any event any deferred security shall be furnished to City prior to
the approval and recordation of Map for Tract No. 24890-2.
5. Subdivider shall commence the construction and
installation of said improvements within ninety (90) days from the
approval of such "Improvement Plans" for Tract No. 24890-2 by the
City Engineer, and shall complete the construction of said
improvements within eighteen (18) months from the date of
commencement. Subdivider may at its sole discretion extend the
completion period described herein past the eighteen (18) months time
period to any future date that Subdivider may select. It is
understood, however, that a condition precedent to extending the
completion period, Subdivider shall furnish to City securities
similar in form and substance to those required by Article 2 herein
to cover the extended completion period selected by Subdivider. The
value of said securities shall be sufficient to insure the
performance of improvement work that remains incomplete at the time
of said time extension. The security posting amount shall be
determined by the City Engineer.
6. 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.
After the monuments are set, Subdivider shall furnish to the City
Engineer written notice that the monuments have been set, and written
proof that the engineer or surveyor has been paid for setting the
monuments, or as otherwise provided in the Subdivision Map Act.
7. The City Engineer or his duly authorized
representative, upon written request of Subdivider, shall inspect the
improvements herc:-:A ri 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.
SUBDIVISION IMPROVEMENT AGREEMENT - Tract 24890-2
Page 3
8. 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.
9. Subdivider shall complete such improvements 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.
10. 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.
11. The labor and material security required by Article 2
herein shall be retained 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 Article 1 herein.
12. Ten percent (10%) of the performance security required
by Article 2 herein shall be retained by the City for one (1) year to
support the guarantee of the improvements required herein.
13. In the event that the Subdivider fails to perform any
obligation hereunder within sixty (60) days after the City has mailed
written Notice of Default to the Subdivider at the address given
below, the Subdivider authorizes City to perform such obligation and
agrees to pay the entire cost of such performance by City.
14. 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.
15. Subdivider hereby binds itself, its executors,
administrators and assigns, and agrees to indemnify, defend and hold
the City harmless of any losses, claims, demands, actions or causes
of action of any nature whatsoever, arising out of or in any way
connected with Subdivider's performance hereinunder in the
construction of the improvements agreed to be constructed and
installed hereunder by the Subdivider, including costs of suit and
reasonable attorney's fees.
*********************************************************************
SUBDIVISION IMPROVEMENT AGREEMENT - Tract 24890-2
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF LA QUIN A
a
By: Ronald L. iedrowski
City Manager
ATT:
SUB:
By.
By.
Address: 12526 High Bluff Dr., Ste. 280
San Diego, CA 92130
Subscribed and Sworn to before me this 4th day of April
19 90
LINDA A. CHANDLER
Mohr MMUC UMIA
M1101% offa III
SO NEQO COUM
�. of COMMON 10 ft- i iflt
REVIEWED AND APPROVED
City n 'ne r Date
SUBDIVISION IMPROVEMENT AGREEMENT - Tract 24890-2
Page 5
EXHIBIT 'A'
The following improvements are designated by Bond Groups to permit
the phasing of the required improvements together with the required
securities:
Bond Groups No. 1, No. 2, and No. 3; the Subdivider
shall provide Performance Bonds and Payment Bonds prior to
the approval and recordation of Map for Tract No. 24890-2
Improvements are to be accomplished solely at the expense
of the Subdivider and to be completed within eighteen (18)
months as herein provided in this Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT-24890-2
Page 6
BOND IMPROVEMENT DESCRIPTION PERFORMANCE PAYMENT
GROUP BOND BOND
1 On -site streets and Drainage $ 545,206v 272,603
Improvements
2
Sanitary sewer
facilities
1681162'
84,081
Domestic water
facilities
214,226
107,113
3
Survey monuments
10,000,/
-0-
Each improvement item
listed hereon
may be bonded
individually, or
bonded
collectively
with other
improvements with
a single bond,
provided however, that
improvements
which are grouped
together and
bonded
with a single
bond are correspondingly
identified
in the 'Bond
Group'
column as being
of the same
group.
Performance
Payment
Bond
Bond
Bond Group 1
- Totals =
$ 545,206
272,603
Bond Group 2
- Totals =
382,338
191,194
Bond Group 3
- Totals =
10,000
-0-
GRAND TOTALS =
$ 937,594-'
463,797e
BOND NO. 3SM 757 367 00
Premium: ,
annual
LABOR AND MATERIAL PAYMENT BOND
(Subdivision)
KNOW ALL MEN BY THESE PRESLNTs , That We, I.M. Peters C m 1
i2any1 Inc.
as principal, and A ERICAN MOTORISTS INSURANCE COMPANY
Surety, are held and firmly bound unto the City of La Quinta, California
as Obligee, in the sum of Ten Thousand and nol100 -------
Dollars ( 10 000.00 ) , 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 into
IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with
Obligee, dated in which said said
agrees to construct de-si -- pal
g public improvements, as follows:
MONUMENT BOND ( Tract 24890-2 )
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 subcontractor
fails to pay for any materials, provisions, or rented equipment use
in upon, or for or about the construction of the d
Ir performance of the work to be done, or for anpuwnrc improvements
of any kind, in or on such improvements# said Surety workordone
same in an amount not exceeding the sum set forth abovepand the
addition, the Surety agrees to pay reasonable attorneys, fees in the
event that it becomes necessary to bring an action to enforce this
bond. is
This bond shall inure to the benefit of the contractor
subcontractors, and his
to persons renting equipment or furnishing labor
or materials to them for the improvements, g
Signed and sealed on April 5, 1990
venturer I
Principal
Robert J. Trapp, Vice President
lent
CO.
_.... .n- f�ir.-
��� •,, )s•. r, r1 1 ,.
I Y�I .�I•,I �,�1,1' ' i 1.. 11�'�l .j llir •rr``,,•/ t r':f , _•,^� �,, .• �� ,�� ,
�t�i�:i..� �1..1�• � •�.•ir1�.{f Nw• %�,.1.+.'Lti•...lrrilff�IfySF 1�J1�'.V• 'k 1�L.•I�rw•«.�.f••i .1 • ��•, r 7 �.:. :M.a
BOND NO. 3SM 757 200 00
PREMIUM: $9, 276.00
2 years
FAITHFUL PERFORMANCE BONI3
(Subdivision)
KNOW ALL MEN BY 'THESE PRESENTS, That We, J.M.- Petters Comc anv, Inc.
as' Principal,, and
AN MOTORISTS INSURANCE COMPANY
SlirQtY. are held an irmly bound unto ,_T . (ty,�f La Quinta i_ California
as Obli gea, in the sum of NINE HUNDRED TWENTY SEVEN THOIrMu
ElyE_ HUNDRED NINNY FIVE _
Dollars ($ 9�7595 } , lawful money oFthe United
States, for the pa)pnentof which sum we11 and truly to be made, we
band ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCHo 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:
STREET AND DRAINAGE IMPROVEMENTS
Ob and, as a condition of approving said Subdivision, the Principal is
required to give a bond to guarantee completion of said improvements,
NOW, THEREFORE, if said principal, shall well and truly do and perform
all the covenants and obligations of said agreement on its part to be
done and performed at the time and in the manner specified therein,
then this'' Obligation shall, be null and voids otherwise, it shall, be
and remain in full forco and effect and, in addition, Surety agrees
to pay reasonable attorneys' fees in the event that it- becomes
ftecessary to bring an action to enforce this bond.
Signed and Sealed on March 23, 1990
J . M._ PETERS COMPANY, INC.
A - •
NOW "MMM
OR'!
�• r I •r • JIIVI 1 �..1�,
A O NrYEY-IN-FACT
BONE) NO.3SM 757 200 00
PREMIUM,. n ru ed
in performance Bond
LABOR AND MATERIAL PAYMENT BOND
(subdivision)
KNOW ALL, MEN BY THESE PRESENTS, That We, J. M. Peters Cam an , Inc.
as Principal, and
URACOMPANY
Surety, are held and firmly bound unto The
't f La Quinta California
as Obligee, in the sum of POUR HUNDRED ! TY THRE -
SEVEN HUNDRED NINETY EIGHTS E THOUSAND
Dollars ( # 463,798 } , lawful mono o;E t
States, for the payment of which sum well and truly to be United
wa
bind ourselves Jointly and severally, firmly by these re a made, wn
presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCI1, That
said Principals has entered into a subdivision Agreement whereas,
obligee, dated g ent with said
agrees to construct designated public impIn rovements, which said Principal
ProV� ments, as follows:
STREET AND DRAINAGE IMPROVEMENTS
and, as a condition of approving said Subdivision the p .i
required to give a Labor and Material payment Bond as hereinprovil is
Provded.
NOW, THEREFORE.. if said principal, Or anx contractor or
fails to pay for any materials, subcontractor
In upon, or for or about the construction of
or rented equipment used
or Performance of the work to be done, orffor ea public improvements
of any kind, in ar on such improvements, said Surety will
or labor done
same in an amount not exceeding the sum set fOrthwaba pay the
addition, the surety agrees to above and, In
event that it be�;omes neoessyrtQ�brin1eaattorneys' fees in the
band. g n action to enforce this
This bond shall inure tQ the benefit of r.h
subcontractors, and to a contractor, his
persons renting equipment or furnishing labor
or materials to them for the ,improvements,
Signed and sealad on March 23, 1990
J.M. PETERS COMPANY INC.
Vent x Pz cipal
E ich D Bradshaw Vice President
A r otorists Insuranc Company
I3
Suraty: 1 iam J. Shupper
At orney In Fact
XBDIVISION IMPROVEMENT BOND
Sanitary Sewer & uomesuc vvaier
Executed in One (1) Original
FAITHFUL PERFORMANCE
(CALIFORNIA)
Bond 816232S
Initial Premium $ 382.00
for two years subject to renewal
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation. (hereinafter
designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated and identified as project
Tract 24890-2, 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 DEVELOPERS INSURANCE COMPANY 17780 Fitch Irvine, CA 92714, as surety,
are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), igee'), in the penal sum of Thirty Eight Thousand
Two Hundred Thirty Nine Dollars and No/100 ($38.239.00) lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and
severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless city of La Quinta. 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included
costs and reasonable expenses and fees including reasonable attorney's fees, incurred by city in successfully enforcing
such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed 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 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 Jul 21, 2000
DEVELOPERS INSUF64,NCE COMPANY
B
r&6�ne M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella Valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
Sanitary Sewer & Domestic vvatei
Executed in One (1) Original
Bond 816232S
Premium included in performance bond
WHEREAS, The City Council of the City of La Quinta, State of California, and KSL Land Corporation, (hereinafter
designated as "Principal"), have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which said agreement, dated and identified as project
Tract 24890-2, is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, 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, said principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta
and all contractors, subcontractors, materialmen and other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Thirty Eight Thousand Two Hundred
Thirty Nine Dollars and No/100 ($38.239.00), for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay in
addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by city in successfully enforcing such 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.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said
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 July 21, 2000
KSL LAND CORPORATIOK
Q \ o _ Principal
DEVELOPERS INSURANCE COMPANY
By AAW
Diane M. Nielsen, Attorney -in -Fact
17780 Fitch
Irvine, CA 92714
Agent's Address: HRH Insurance Services of Coachella valley
77564 County Club Drive Suite 401
Palm Desert, California 92211-0449
OUTSTANDING BOND REPORT
Name: J.M. Peters Company
Tract No. 24890-2
Date of Contract: April 17, 1990
Required Bond Amounts:
$545,206 -
$272,603 -
$168,162 -
$ 84,081 -
$214,226 -
$107,113 -
$ 10,000 -
on -site streets/drainage
labor/materials
Sewer
labor/materials
Water
labor/materials
monument
Dates of Bond Reductions:
Performance security for water & sewer only was reduced on 12/17/91 to 10%
warranty ($38,239) but no replacement bonds were received from JM Peters.
On 7/25/00 KSL submitted warranty bond for the above for $38,239. Still
need replacement bond from JM Peters for the balance of performance security
before original performance bond can be released.
Outstanding Bonds:
Amount:
$ 10,000
$927,595
$463,798
$ 38,239 (KSL)
$ 38,239 (KSL)
Bond No. Date Cancelled/Released:
3SM 757 367 00
3SM 757 200 00
3SM 757 200 00
816232S
same for labor