25154 LQ 98 Joint Venture 92> 4
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COUNCIL MEETING DATE: FEBRUARY 4, 1992
ITEM TITLE:
TENTATIVE TRACT MAP 25154 (EXTENSION #1)
A REQUEST TO EXTEND THE APPROVAL OF THE
MAP FOR ONE YEAR. THE ORIGINAL MAP
PERMITTED 98 SINGLE FAMILY RESIDENTIAL
LOTS ON 27 ACRES IN AN R-1 ZONING
DISTRICT. THE PROPERTY IS LOCATED
APPROXIMATELY 1300 FEET EAST OF
WASHINGTON STREET AT THE INTERSECTION
OF DATE PALM AND SAGEBRUSH AVENUE.
APPLICANT: VALLEY LAND DEVELOPMENT
BACKGROUND:
AGENDA CATEGORY:
PUBLIC HEARING
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
The Tentative Map was recommended for approval by the Planning Commission on
November 14, 1989, and approved by the City Council on December 5, 1989. The
tentative map was allowed for two years. The Applicant has applied to extend the map
for a one year period. On January 14, 1992, the Planning Commission recommended that
the map be extended for a one year period based on minor amendments to the original
conditions. A copy of their recommendation is attached.
FISCAL IMPLICATIONS:
None
RECOMMENDATION:
APPROVED BY:
Move to adopt City Council Resolution 92- , confirming the Environment Assessment
and approving Tentative Tract Map 25154, First Extension of Time.
Submitted by:
Approved for submission to City Council:
`•1n."' i ' �.� , {.<<-tip.. � "1
RON KIEDROWSKI, CITY MANAGER
00-1
COUNCIL ACTION SUMMARY
1. Move to adopt City Council Resolution 92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND
GRANTING APPROVAL OF THE FIRST ONE YEAR EXTENSION
OF TIME FOR TENTATIVE TRACT 25154 TO ALLOW THE
CREATION OF A 98 LOT SUBDIVISION ON A +27.45 ACRE SITE.
CASE NO. TT 25154 - VALLEY LAND DEVELOPMENT COMPANY.
Subject to the attached Conditions of Approval.
S UPPOR TING DOCUMENTATION ATTACHED
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002
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of V h C , 19 Z , by and between La Quinta 98, A Joint
Venture, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the
State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map (the "Tract Map") of a tract of land in the City of
La Quinta, County of Riverside, which tract is known as Tract No. 25154 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Subdivider has offered for dedication certain rights of way and easements within the Tract and
has prepared plans and specifications for improvements associated with the Tract (the "Improvement
Plans").
C. Prior to approval of the Tract Map, Subdivider is required to install or agree to install certain public
and private improvements.
D. The requisite improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of
the improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Revision of Plans. Subdivider shall, within thirty (30) days of City Council approval of the Tract
Map, complete final corrections and revisions to the improvement plans and submit for approval original
plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility,
landscaping, and other improvements required to be constructed or agreed to be constructed under this
Agreement as listed and described in the List of Improvements attached hereto as Exhibit "A" and
incorporated herein (the "Improvements"), and shall bear the full cost thereof. The methods, standards,
specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security.
A. As a condition of City Council approval of the Tract Map, Subdivider shall have furnished
performance and payment securities to City as a guarantee of the completion of the Improvements, as set
forth in Government Code Section 66499 et sec. One class of security to be provided by Subdivider,
hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement
including payment of associated plan check and permit fees. A second class of security to be provided by
Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor,
equipment and materials supplied to construct the Improvements. A third class of security to be provided
by Subdivider, hereinafter referred to as "guarantee security," shall serve as a guarantee and warranty of
the Improvements for a period of one year following the completion and acceptance of the Improvements.
B. Subject to the approval of the City Engineer, security may be furnished in the form of (1) a
deposit of cash or negotiable bonds, of the kind approved for securing deposits of public moneys with City
or in favor of City, with a responsible escrow agent or trust company, (2) bonds satisfactory in form and
substance to the City Attorney and executed by a corporation authorized to transact surety business in the
State of California, (3) an instrument of credit from an agency of the state, federal, or local government
when any agency of the state, federal, or local government provides at least twenty percent (20%) of the
financing for the Improvements to be completed, or from one or more financial institutions subject to
regulation by the state or federal government and pledging that the funds necessary to carry out the
completion of the Improvements are on deposit and guaranteed for payment, or a letter of credit issued by
such a financial institution, and/or (4) a lien upon the Tract, created by contract between City and
Subdivider, if City finds that it would not be in the public interest to require the installation of the
Improvements sooner that two (2) years after the recordation of the Tract Map. The duration of any such
bond or letter of credit shall be for a period of not less than one year from the execution of the Agreement
or such longer period for completion of the Improvements, whichever is greater; further provided that the
duration of such bond or letter of credit shall be extended to provide the performance security holdback
provided in Section 13 hereof.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. Separate
security shall be furnished for performance security and payment security. The amount of the performance
security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements,
Subdivision Improvement Agreement - Tract 25154 Page 1 of 5
including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized
representative of the City Engineer. Payment security shall equal Fifty Percent (50%) of the amount of
performance security except as otherwise set forth in Exhibit A. City shall retain Ten Percent (10%) of the
performance security for one (1) year following acceptance or approval of the Improvements to support the
guarantee of the Improvements pursuant to Section 12 hereof. As part of the obligation secured by each
of the performance security, payment security and guarantee security, and in addition to the face amount
of each such security, each such security shall include and assure the payment of costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the
obligations thereby secured.
D. Certain Improvements required herein may be deferred for construction by others at a later
date. Deferred improvements, if any, are identified in Exhibit A.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of
securities guaranteeing deferred improvements.
4. Permits Reauired. Prior to commencing any phase of work, Subdivider shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits shall
comply with all provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements required or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best
efforts to purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful,
despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in
writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt
to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a
separate written agreement therefor in a form acceptable to the City Attorney. Such agreement shall
provide that Subdivider will advance City One Hundred Fifty Percent (150%) of the appraised fair market
value of the real property, with any unexpended funds refunded to Subdivider and any additional funds
required for City's acquisition paid by Subdivider upon the conveyance of such real property to Subdivider.
In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise
terminate Subdivider's obligation to construct the applicable Improvement pursuant to this Agreement or
the conditions to approval of the Tract Map.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the City
Engineer as set forth in Exhibit A.
7. Force Maleure. In the event that Subdivider is unable to perform within the time limits herein due
to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected
by such events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension
of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the terms
and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish to City securities, similar in form and
substance to those required in Article 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to insure the performance of and payment for improvement work that remains
incomplete at the time of the extension, and to provide guarantee security on completed improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and
Section 13.20.100 of the City Subdivision Ordinance. Subdivider shall provide the City Engineer written
proof that the monuments have been set and evidence of payment and receipt thereof by the engineer or
surveyor setting of the monuments.
10. Approval of Improvements. At the completion of construction and prior to acceptance of the
improvements by the city, Subdivider shall submit a request for final approval by the city. The request shall
be accompanied by signed and stamped certification by Subdivider's engineer stating that "The construction
of improvements associated with Tract 20052-6 was properly monitored by qualified personnel under my
supervision. The work was constructed according to approved plans and specifications except as otherwise
noted on the as -built drawings and specifically acknowledged by the City Engineer."
Upon receipt of said request, the City Engineer or a duly authorized representative shall inspect the
Improvements. If the Improvements are determined to be in accordance with applicable city standards and
specifications, and as provided herein, the City Engineer shall recommend approval of private improvements
and acceptance of public improvements by City.
Subdivision Improvement Agreement - Tract 25154 Page 2 of 5
11. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans
depict the actual Improvements constructed. When necessary revisions have been made, each separate
sheet of the plans shall be clearly marked with the words "As -Built" or "As -Constructed," the marking shall
be stamped by a Registered Civil Engineer licensed to practice in California, and the plans resubmitted to
the City Engineer.
12. Improvement Guarantee. Subdivider hereby guarantees the improvements to City for a period of
one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against
any defective work or labor done, or defective materials furnished, and shall repair or replace such defective
work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 66499.7 of the Subdivision Map Act and of Section 3 of this agreement. Prior to the release of
payment security, the City Engineer may require Subdivider to provide a title report or other evidence
sufficient to show claims of lien, if any, that may affect the amount of payment security released.
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has
not been performed within sixty (60) days after written notice of default from City, then City may perform
the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit
and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or
compelling public interest, as determined by the City Engineer, the requirement for written notice of default
and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall
remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City
and its officers, employees, agents, representatives, and assigns harmless from and against 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, including costs of suit and reasonable attorneys'
fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Tentative Tract Map Conditions of Approval for the Tract. In the event that any
requirement or condition of this Agreement is inconsistent with provisions of the Tentative Tract Map
Conditions of Approval for the Tract, which document is incorporated herein by reference, the provisions
in the Tentative Tract Map Conditions of Approval shall prevail.
17. Severability. In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered
or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses
indicated below their respective signatures. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or
refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice
to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained
in this Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State
of California.
E. In the event of any dispute between the parties with respect to this Agreement, the
prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing
party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
Subdivision Improvement Agreement - Tract 25154 Page 3 of 5
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF LA QUINTA:
ATZ�-(ET:
i
ity Clerk
SUBDIVIDER:
4zx
Tom Genovese
Acting City Manager
Thomas A. Thornburgh -
Title: President
By:
Title:
For Subdivider:
ADDRESS:
.45-110 Club Drive
Indian Wells, CA 92210
On this 8t h day of May , 19 9 2 , before me, the undersigned, a Notary Public
for the State of California, did personally appear:
La Quinta 98 A Joint Venture as Owner
ad Valley Land Development Corporation as Managing General Partner
representing Thomas A. Thornburgh, President Valley Land Development Corporation
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed hereinabove.
Seal of Notary
1
STATE OF CALIFORN, }ss.
COUNTY of i vers i de }
On May 8, 1992 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Thomas A. Thornburgh
and
-----------------
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as President
- - - - - - President and - - - - - - - - Secretary, on behalf of -Valley Land
Development Corporation
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuantto its
by-laws or a resolution of its board of directors. 40WI/y OP
x' ate
WITNESS y hand nd official seal. lowR'i' ,
Signature (This area for official notarial seal)
Ma ilyn Kerney
Subdivision Improvement Agreement - Tract 25154 Page 4 of 5
0!!;, Exhibit A
LIST OF IMPROVEMENTS AND SECURITY AMOUNTS
Except as otherwise provided herein, Subdivider shall furnish performance security and payment
security prior to the recordation of the final map.
Improvements designated as "deferred" will be constructed by others at a later date as determined by
City. Security shall remain in place until such later date to guarantee Developer's payment for the cost
of the deferred improvements.
As elements of the work are completed, Subdivider may request a maximum of three partial releases
of performance security. Requested releases will be evaluated and may be granted, in whole or in part,
by the City Engineer. Requests for partial releases, setting forth in detail the amount of work
completed and the value thereof, shall be made in writing to the City Engineer.
Performance
Payment
Improvement Description
100% Cost
Security
Security
Streets and Drainage
$582,464
$334,577
$291,232
Domestic Water Facilities
185,000
106,267
92,500
Sanitary Sewer Facilities
149,000
85,588
74,500
Undergrounding Electric
343,000
197,024
171,500
Traffic Signal (Deferred)
25,000
25,000
0
Survey Monumentation
23,000
23,000
Totals:
$1,307,464
$748,456
$652,732
Subdivision Improvement Agreement - Tract 25154 Page 5 of 5
SUBDIVISION BOND
FAITHFUL PERFORMANCE - PUBLIC WORK
BOND NUMBER 3SM 801 522 00
PREMIUM: $500.00 ONE YEAR
AMERICAN MOTORISTS INSURANCE COMPANY
7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
(213) 257-8291
KNOW ALL MEN BY THESE PRESENTS: That LA QUINTA 98
as Principal,
and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation or-
ganized and existing under the laws of the State of Illinois and authorized
to transact surety business in the State of CALIFORNIA, as Surety
are held and firmly bound unto CITY OF LA QUINTA
in the sum of
TWENTY FIVE THOUSAND AND NO/100
Dollars
($25,000.00), for the payment whereof, well and truly to be
made, said Principal and Surety bind themselves, their heirs, adminis-
trators, successors, and assigns, jointly and severally, firmly by these
presents.
THE condition of the foregoing obligation is such that, whereas the above-
boWnden Principal has entered into a contract/agreement, dated XX/XX/XX,
with the Obligee to do and perform the following work, to wit:
rPARTIAL CONSTRUCTION OF STREET SIGNAL AT
WASHINGTON STREET AND SAGEBRUSH
NOW, THEREFORE, if the above -bounden Principal shall well and truly perform
the work contracted to be performed under said contract, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED, DATED: February 14, 1994
LA QUINTA 98
Principal
y VA,tcs 4
AMERICAN MO ORIST INSURANCE COMPANY
Surety
By: I T KELLER
At orney In Fact
s
AMERICAN MOTORISTS INSURANCE COMPANY
` MAINTENANCE BOND
BOND # 3SM 775 176 00-A
PREMIUM:$% YEAR(S)
i
KNOW ALL MEN BY THESE PRESENTS:
That LA QUINTA 98, A JOINT VENTURE
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY a corporation
organized and existing under the laws of the State of Illinois and duly
authorized to transact a general surety business in the State of CALIFORNIA
hereinafter called -the Surety, are held and firmly bound unto
CITY OF LA QUINTA
in the sum of FIFTY THREE THOUSAND ONE HUNDRED SIXTY
AND NO1100
($53,160.00 dollars, lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
SEALED with our seal and dated this 10TH day of AUGUST, 1993
WHEREAS, on the XXXXX day of XXXXXXXXXXX, 19XX, the said Principal
entered into an agreement to the Obligee for TR 215154, GRAVING, STREETS &
DRAINAGE, WATER FACILITIES, ELECTRIC FACILITIES,
AND MONUMENTATION
WHEREAS, under the terms of the specification for said work, the said
Principal is required to give bona or maintenance to protect the said
Obligee against the result of faulty materials or workmanship for a period
of ONE year(s) from and after the date of completion and acceptance of
S3�1e .
i
NOW, THEREFORE, If the said Principal for a period of ONE year(s) from
and after the date of completion and acceptance of same by said Obligee,
replace any and all defects in said work resulting from defective materials
or defective workmanship, then the above obligation to be void; otherwise
to remain in full force and effect.
SURETY:
AqBVE4RLY
MO,O ISTS INSURANCE COMPANY
BY
MARTIN
ATTORNEY IN FACT
PRINCIPAL:
LA QUINTA SAS, A JOINT VENTURE
BY:
DIRECT ALL CORRESPONDENCE TO:
LOU JONES & ASSOCIATES
7470 N. FIGUEROA STREET
LOS ANGELES, CA 90041
213-257-8291
OUTSTANDING BOND REPORT
Name: La Quinta 98, A Joint Venture
Tract No. 25154
Date of Contract: June 16, 1992
Required Bond Amounts:
$ 748,456 - Performance
$652,732 - Payment Security
Dates of Bond Reductions:
Performance reduced to $78,160 on 8/13/93.
Performance reduced to $ 53,160 on 2/25/94.
Outstanding Bonds:
Amount:
$748,456
$652,732
$ 25,000
$ 53,160
Bond No.
3SM 775
176 00
3SM 775
176 00
3SM 801
522 00
3SM 775
176 00-A
Date Cancelled/Released:
Released 2/28/94
Released 2/28/94