24890-9 JM Peters 90CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 34S4 day
of , 19 0l Q , by and between
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. 24890-9 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 $81,925.00
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.24890-911; 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 24890-9
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
$141,900.00 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 $70,700.00dollars 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. 24890-9 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 24890-9
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 24890-9
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF LA UINTA
By: Ronald L. Kiedrowski
City Manager
ATTEST:
City Clerk--,"
. I �
•-tbrs CoM16any,
Address: 12526 High Bluff Drive, Ste. 280
San Diego, CA 92130
Subscribed and Sworn to before me this day of
19qv
.
OFFICIAL SEAL
` ROBERTA M. KERN
Seal of Notary NOTARY PUBLIC - CALIFORNIA �{
I; PRINCIPAL OFFICE IN 1
. ORANGE COUNTY
too My Commission Up. Oct 10, 1992
REVIEWED AND APPROVED g
City nginee Date
SUBDIVISION IMPROVEMENT AGREEMENT-24890-9
Page 5
EXHIBIT A
Estimated Value of Improvement Items
BOND IMPROVEMENT DESCRIPTION PERFORMANCE PAYMENT
GROUP BOND BOND
1 On -site streets and Drainage
$81,925
400,963
Improvements
Sanitary sewer facilities
24,483
12,243
Domestic water facilities
34,992
17,496
2 Survey monuments
500 r
-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 = $
141,400-
$ 700,700..
Bond Group 2 - Totals =
500
-01
GRAND TOTALS = $
141,900
$ 70,700
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
Executed in One (1) Original
Bond 4987-FP
Initial Premium $2,121.00
WHEREAS, The City Council of the City of La Quinta, State of California, and J.M. Peters Company, Inc., hereinafter
designated "the former Subdivider', have entered into an agreement dated the 31 st day of July, 1990, and whereby, KSL
Land Corporation hereinafter designated as "Principal," agrees to install and complete the following designated public
improvements:
Citrus Course Tract 24890-9 (City of La Quinta, County of Riverside, California):
On -Site Streets and Drainage Improvements
Sanitary Sewer Facilities
Domestic Water Facilities
which said agreement 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 FRONTIER PACIFIC INSURANCE COMPANY, 6404 Wilshire Boulevard, Los
Angeles, CA 90048, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee"), in the penal
sum of One Hundred Forty -One Thousand, Four Hundred and No/100 dollars ($141,400.00) 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 August 25 ,
19
KSL LAND CORPORATION
Principal
FRONTIER PACIFIC INSURANCE COMPANY
By- ..._
Betty J. B wn, At orney-in-Fact
6404 Wilshire Boulevard
Los Angeles, California 90048-5510
Agent's Address: Willis Corroon Corporation of Tennessee, Nashville Offide
26 Century Boulevard (37214)
P.O. Box 305025
Nashville, Tennessee 37230-5025
SUBDIVISION IMPROVEMENT BOND
LABOR AND MATERIAL
(CALIFORNIA)
AYecuted in One (1) Original
Bond 4987-FP
WHEREAS, The City Council of the City of La Quinta, State of California, and J.M. Peters Company, Inc., hereinafter
designated "the former Subdivider", have entered into an agreement dated the 31 st day of July, 1990, and whereby, KSL
Land Corporation hereinafter designated as "Principal," agrees to install and complete the following designated public
improvements:
Citrus Course Tract 24890-9 (City of La Quinta, County of Riverside, California):
On -Site Streets and Drainage Improvements
Sanitary Sewer Facilities
Domestic Water Facilities
which said agreement 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 Seventy Thousand, Seven Hundred and
No/100 dollars ($70.700.00), 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 August 25
19 97
KSL LAND CORPORATION
Principal
FRONTIER PACIFIC INSURANCE COMPANY
By w.v
Betty J. Br wn, Attorney -in -Fact
6404 Wilshire Boulevard
Los Angeles, California 90048-5510
Agent's Address: Willis Corroon Corporation of Tennessee, Nashville Office
26 Century Boulevard (37214)
P.O. Box 305025
Nashville, Tennessee 37230-5025
SUBDIVISION IMPROVEMENT BOND
FAITHFUL PERFORMANCE
(CALIFORNIA)
Executed in One (1) Original
Bond 4988-FP
Initial Premium $250.00
WHEREAS, The City Council of the City of La Quinta, State of California, and J.M. Peters Company, Inc., hereinafter
designated "the former Subdivider", have entered into an agreement dated the 31 st day of July, 1990. and whereby, KSL
Land Corporation hereinafter designated as "Principal," agrees to install and complete the following designated public
improvements:
Citrus Course Tract 24890-9 (City of La Quinta, County of Riverside, California):
Survey Monuments
which said agreement 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 FRONTIER PACIFIC INSURANCE COMPANY, 6404 Wilshire Boulevard, Los
Angeles, CA 90048, as surety, are held firmly bound unto the City of La Quinta hereinafter called ("Obligee'), in the penal
sum of Five Hundred and No/100 dollars ($500.00) 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�w9ness whereof, this instrument has been duly executed by the principal and surety above named, on August 25
KSL LAND CORPORATION
Principal
FRONTIER PACIFIC INSURANCE COMPANY
By
Betty J. Wown, At orney-in-Fact
6404 Wilshire Boulevard
Los Angeles, California 90048-5510
Agent's Address: Willis Corroon Corporation of Tennessee, Nashville Offi-�-
26 Century Boulevard (37214)
P.O. Box 305025
Nashville, Tennessee 37230-5025
• 4is
OUTSTANDING BOND REPORT
Name: J.M. Peters Company
Tract No. 24890-9
Date of Contract: July, 31, 1990
Required Bond Amounts:
$81,925 -
$40,963 -
$ 24,483 -
$12,243 -
$ 34,992 -
$17,496 -
$ 500 -
on -site streets/drainage
labor
sewer
labor
water
labor
monument
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
Bond No.
Date Cancelled/Released:
$
500
3SM 760 057 00
replaced 7/10/97 by
LOC 9790128
$
141,400
3SM 759 294 00
replaced 7/10/97 by
LOC 9790128
$
70,700
3SM 759 294 00
replaced 7/10/97 by
LOC 9790128
$
212,602
LOC # 9790128
replaced 8/26/97 with
Bond Nos. 4987, 4988
$
141,400
4987-FP
$
70,700
4987-FP
$
500
4988-FP