24890-7 JM Peters 90CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ai%,4 day
of ,.,n , 19 `%O , by and between
-J . M . Peters Uompany, , Inc._
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. 24890-7 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 public utility use ; and
WHEREAS, Subdivider, by said map, has offered for
dedication to City for public utility use certain easements shown on
said map; and
WHEREAS, City desires to accept the easements shown on said
map for public utility use; and
WHEREAS, Subdivider, by said map, has proposed to utilize
certain parcels of land for private streets, and also to construct
and install or agree to construct and install certain improvements;
and
WHEREAS, even though said private streets shall not be
dedicated to City for public use, City desires to insure that said
streets are constructed to the same standards and specifications
required by City for public streets; and
WHEREAS, the total cost of such improvements has been
estimated by the City Engineer to be approximately $619,370.00
Dollars;
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,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 easements, as
shown on the "Improvement Plans for Tract No.24890-711; 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.
SUBDIVISION IMPROVEMENT AGREEMENT - Tract 24890-7
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
$914,400.00 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 $447,500.00dollars 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. Subdivider shall commence the construction and
installation of said improvements within ninety (90) days from the
approval of such "Improvement Plans" for Tract No. 24890-7 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.
4. 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.
SUBDIVISION IMPROVEMENT AGREEMENT - Tract 24890-7
Page 3
5. The City Engineer, or his duly authorized
representative, upon written request of Subdivider, shall inspect the
Streets and improvements 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.
6. 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.
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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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 24890-7
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
By: Ronald L. Kiedrowski
City Manager
f
ATTEST:'
City Clerk-,"
SUBDIVIDER:
By: Address: 12526 High Bluff Drive, Ste. 280
J. Peters Co p ny, Inc.
By: San Dief4o, CA 92130
Subs ribed and Sworn to before me this day of,,
19 qu
OFFICIAL SEAL
ROBERTA M. KERN
Seal of Notary = `D�lNOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
top My Commission Exp. Oct 10, 1992
REVIEWED AND APPROVED •/f'"C
C' v E5adineer Date
SUBDIVISION IMPROVEMENT AGREEMENT-24890-7
Page 5
EXHIBIT A
Estimated Value of Improvement Items
BOND IMPROVEMENT DESCRIPTION PERFORMANCE PAYMENT
GROUP BOND BOND
1
On -site streets and Drainage
$619,370
309F685
Improvements
Sanitary sewer facilities
85,400
42,700
Domestic water facilities
190,230
95,115
2
Survey monuments
19,400
-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 = $
895,000.-
$ 447,500`"
Bond Group 2 - Totals =
19,400�-
-0-
GRAND TOTALS = $
914,400
$ 447,500
FAITHFUL PERFORMMICE
(CALIFORNIA)
ixecuted In one ;'i) original
Sand Sp00075907
rnttial Prenvum $ 9.144.00 / two years
WHF-REAS. Tne Co?? Council at the City of La Quirtt3, Sate of California. anct .1 M Pete rIC h+eneutaftef
designated "!he forrrar Subdivider', have entered into an agreement Oared the day of ,tint. IE% and wneratly.
Sheffiei4-Citrus LLC mere:nafcer aesugnate� as 'Prinapal." agrees to install ana complete tree following aesignatiad pum c
improvements
Citrus Cautsa Traci 2 9d_ 7 (Cily of La C-u+n�ounty of Riverside. California)
on -Site Streets and Crainage lr�zprovements
Sanitary Sewer Facll:ljes
Domestic Wlaxer Facilities
i Survay Menurnents
j whlch said ag, eamanc is narat1y rererr3q to and magi a part hereof, and
Whereas, Said principal is regwr04 vnaer the terms of saicl ar ^cement to furmish a 4ond W iris faartfut perkirmance Of no
agreement.
Naw, triereftita, we. tree pnncipal ana Frontier Pacific Insurance Company
as surety. are held firmly '!3=nd Nnm he City La Owinta -heresnafftw capita in the penal SUM Of NI.�e..Me,"Giva
Fourteen Theusarld- Four Hgngrecj and Nail00 dollars ($914,40CLOO wwfui money of the unitact States, for ma paymant
of W111C t suns wf--gf ano truly to ce Via, we Dime ourselves, our heirs, successors, executors and a4minrs'tr Mrs, jointly aM
saverally, firmly by lhtM- presar! -
Tne condition of tnss =((gat;�i1 is such u,ci; F5, Me above bcunaed pnncipal, nis or its heirs, executors. adauni.Ur80 im
successors ar assigns. stall !n all things stared to and aoide joy, and well and truly keep and petfbrm the covenwft.
conditions ana prouos;ores in the sa-M agreemant and any alteration thereof mane as therm pmvideci, on nis or Mew p8ut, to
ire kept and pei-fcrrN--o at me mriz and in tha manner therein specified, ana in all respects accorcling to their true intent and
meaning, and shall inoemnN,. and sale harmiess Cily of La Quint„_a its ofticem. agents and employees, as Marvin
stipulated, then this nNig:tion shag: became mill ana void. otnerwise it Shall be and remain in full farce and effect
As part of the ontiga1.cn Saczirea nereby and in addition to the face amount specifieb therefore. there shall pe Mciv led
costs and reasonanie expensas and fees trtcl,,�drng reasonattle attamey's tees, incurred bll city in successfully enforcing
such V o.. oc XaXeCl a cns;o and ;nciuclecl in any judgment rendered.
Tice surety naraby 3t►pulates :�I;o agrees ►,- at no r4na; ga, axtension of time. aiterawn or addition to true terms of the
agreement or to the •,vorx to r?a palfarrned Maraunaer cc me specifications accompanying that same snail in anywise affect
Its ot3liganans in Chia bor d, EmQ It do^;:s narLoy waive notice of any such change. extension of time, aiterat on or ailaition to
Lrie terms of the agr %,;menu w ►a the uorK or to tree spscificattans
In wrmess whereof. Mis instrument nas teen owy executed by the principal and surety above named, an Novembe-r 2,
j g 98
SHEFF1 �-L q..CrTRug Frontier Pacific Insurance Company
By: Sheffield Homes LLC Fr;rttipai
Its Manag i em r BY ----------�-
_ at`rarney-+n-Fad
e 4Z50 Executive S �7(lf;
*� --�- La Jolla, � � 9 « ) 3
Dodge Warren & Peters
n�er�rs .�ddre Insurance Services, Inc.
430 N. Vineyard Ave #330
Ontario, Ca 91764
LABOR AND MATERIAL.
(CALIFORNIA)
j I] urusmai
Bono SD00075907
Premium included in Performance
Bond
WHEREAS. The City Council of the Cary Of 1_3 Quinia. State of California, and j.M. Aeters GomMy_rnr _ wrainaftier
designated -the fouler Suncliviaef , have entered into an agreement dato the 11st day of L, 19M an0 wllempy.
Sheeffiei itrus LLC hereinafter iesignated as "Pnncipai," agrees tD install and complete the falkming daigngted public
improvements.
Citrus Courso TMZ 2483C ; Qgg pf ��_Counri, r,# p i- :rs;de_ Califomial
On -Silo Streets at -to Drainage Irnprovaments
Sanitary Sewer Fac►logo
Domestic wamer Fac:tit:th.s
which said agreement is hereoy refartgxt V% 3nd rnada a part hereof, and
Whereas. Under the terms of said agreonwt, principal is required before entering upon the perfomwnce of the warK 0
file a good and sufficient payment mm with the City of La Quanta to secure the claims to wt ch reii"rice is mares q, Tula
15 (commencing wan Section 3082) of Part 4 of DivigicM 3 of the Civil Cadc of the State of Ca tibmin.
Now, therefore, said principal and the unaersagnea as corporate surety, are held far ly twand unto the City of La Quints
and all comeactn:s. subconvac=z, materia Mn and other psr+ealte errtpioyed in thee: parfernwincee: of the akarcank!
agreement ono referral ;o in the aformad Code of Civil Procedure ,n the sure of Four F
Fie t•tc,ndrao Inc Nc�•t ooaaac5 {$447.54fl.t1furnished or for materials furnishor labor thereon of any king. or for ammints due
under the Unernpkoyrnant lnS4;mn= ftt with respeCt to such work or labor, that said Surety will pay, Vie Sarnee In an
amount nor exceeding the arnoLint hereinanave set brth, and also in case suit is brought upon this t iond, wdl pay M
addition to the Face arnoun; dhamof, costs and reasonable expenses and fees. including reasonable attamays fees.
incurred by ctty in Su=tSs;ully enforcing such obligation, to oe awarded and fixed by the court, and to ha taxetaid ms costs
and to be included in lie judvfl ant therein rendared.
It is hereby expressly stipulated and agreed that :tA bond small Inure to the benefit of any and all pamwe. Comp rda 4n4
corpor0ana endued to nit Gl irno undar Title 15 (commencing wait Secton 3082) of Part 4 of Division 3 of tt►a �Civll Code,
so an to give a rfgm of sctmn 10 1h3m Of ::'peer aaslgns in any suit brought upon this Mond.
i
Shoula ttte cor.di►ion of this Dona C : fultj re&-4fineC1....n rhtS obligation shall become null and vad, otherwise it SW be
and remain :n Tw! force Mfid affaci
Tne suit ty hereby stipul4aams ar.4 agrees thst no ir7i'ange, extension of time, alteration or addition is trio terms of said
agrealrient or the spe.rn .atr:zj:=rvrpanying t~;a same shall in any manner of oct ds obligations an this Dom, and it class
M,*M y waivai nctl,=e of any sumn change, oxtensicn. afteration or addition.
In witness whereof, Iris instrument nay pseft dQy exact L by the principal and surety above narked, on November 2,
19 98
SHgFF1gLD-C TRlJS LLC
By: Sheffield Homes LLC Principal
Its Managin b
ohn el
-MrMlU e r Werra.
Frontier Pacific Insurance
sir
Dayf d C _ Ranf er- AfDmay-M•FMO
4250 Execatjj& Square #200
Dodge Warren & Peters
Agencs Auciress: Insurance Services, Inc
430 N. Vineyard Ave #330
Ontario, Ca 91764
T-Vf 44Q"
MEMORANDUM
TO: Saundra Juhola, City Clerk
FROM: Marcus Fuller, Assistant Engineer I Vr
DATE: January 15, 1999
RE: Citrus Tract 24890-7
Dust Control Security
Please accept the attached Payment Bond Certificate (Certificate No. 30097; $26,000.00) as dust
control security during construction of the above mentioned project. The Public Works Department
will advise when the security can be released, upon completion of the project.
MF/mf
cc: T24890-7 Project file II
Permit 2878 file
K:\PWDEPT\STAFF\FULLER\MEMOS\1999\990115b.wpd
UNION
r BANK OF PAYMENT BOND CERTIFICATE
CALIFORNIA _ Automatic Renewal, Non -Negotiable Certificate Serial Number:30097
Office of Account: = _;
Account Number _._._
OnI-'* �t 1. z� r _..__ _.__._ _ __ Amount Deposited $ F�
was deposited for-,-, _' , t _r __ _ Dollars
b
(Depositor) and is payable to
on_.
11
the Maturity Date), upon presentation of this Certificate, properly endorsed This deposit will earn interest
at the rate of
compounded daily using a 365-day y year, for an annual percentage yield of
Interest will be paid to the Depositor, '' , "_1! °� = - --
within
- -- If this Certificate is not presented for payment on the accounts Maturity Date or
days after that date, the deposit will be renewed for a like term at the interest rate in effect on the account's Maturity Date. This
Certificate Is ' "' _ transferable.
If all or any part of this deposit is withdrawn before the account's original or subsequent maturity date, the amount wn may be sub' ct to an early
withdrawal or compensating fee.
AUTHORIZED SIGNATURE
OUTSTANDING BOND REPORT
Name: J.M. Peters Company
Tract No. 24890-7
Date of Contract: July, 31, 1990
Required Bond Amounts:
$ 619,370 -
on -site streets/drainage
$309,685 -
labor
$ 85,400 -
sewer
$ 42,700 -
labor
$190,230 -
water
$ 95,115 -
labor
$ 19,400 -
monuments
Dates of Bond Reductions:
Outstanding Bonds:
Amount: Bond No.
$ 19,400 3SM 760 055 00
$ 895,000 3SM 759 292 00
$ 447,500 3SM 759 292 00
$ 1,361,900 LOC #9790098
$ 895,000 4983-FP
$ 447,500 4983-FP
$ 19,400 4984-FP
$ 914,400 00075907
$ 447,500 00075907
$ 26,000 #30097
Date Cancelled/Released:
replaced 7/10/97 by
LOC #9790098
replaced 7/10/97 by
LOC #9790098
replaced 7/10/97 by
LOC #9790098
replaced 8/26/97 with
Bond Nos. 4983, 4984
replaced 12/14/98 by
Bond #SD00075907
replaced 12/14/98 by
Bond #SD00075907
replaced 12/14/98 by
Bond #SD00075907