25389-2 Brock Homefed 90CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of 004OL,Q r- , 19 �;_, by and between
[�(Z -k, IA OM UERQ CbM MU 1�1 tT t S �.14��r,4T AT A
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. 25389-2 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 -0- Dollars; 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 $185,100.00
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 streets and
easements, as shown on the "Improvement Plans for Tract
No.25389-211,; copy of which is now on file in the office of the
i
City ngineer of the City and which is referred to and incorporated
hereas though set forth in full.
SUBDIVISION IMPROVEMENT'AGREEMENTr-- Tract 25399-2
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
$309,200.00 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 $151,700.00dollars 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
five (5 ) separate Performance Bonds and a minimum of four
G(4)separate Payment Bonds as identified by the respective Bond
roups shown in Exhibit W.
3. DELETED
4. DELETED
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. 25389-2 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 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.
SUBDIVISION IMPROVEMENT AGREEMENT- - Tract 25389-2
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 guaranteessuch 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 25389-2
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF LA QUINTA
By: 4yon:��ald/LL. iedrowski
City Manager
AT'.
SUBDIVIDER:
By:
By.
Address: 3380 Shelby Street
Suite 100
Ontario, CA 91764
Subscribed and Sworn to before me this 6th day of September
19 cam_.
Seal of Notary OFFICIAL SEAL
Mary Jean Kepner
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE GOUNT>--
My Commission Expiresfine 21, 1991
REVIEWED AND APPROVED
City (Engin0er
Notary Uggndfor sa d County
/o •f9- 90
Date
SUBDIVISION IMPROVEMENTr AGREEMENT-25389-2
Page 5
BONII IMPR DESCRIPTION PERFORMANCE PAYMENT
GROUP
BOND. NMI-
1 Subdivision Grading $38,600 J 19,300 ,--
2 On -site streets and Drainage $146,500 � 73,250 �-
Improvements
3 Sanitary sewer facilities 50,900- 25,450---
4 Domestic water facilities 67,400`- 33,700
5 survey monuments 5,800 -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 togethesn:and--.
bonded with a single bond are correspondingly identified in the 'Bond.
Group' column as being of the same group,
Bond
Group
1
- Totals =
Bond
Group
2
- Totals =
Bond
Group
3
- Totals =
Bond Group 4 - Totals =
Bond Group 5 - Totals =
GRAND TOTALS =
Performances- Payments r
Bond Bond
$ 38,600 $ 19,300
146,500 73,250
50,900 25,450
67,400 33,700
5,800 -0-
$ 309,200 $ 151,700
PERFORMANCE BOND
BOND NO. 141801975
Whereas, the City Council of the City of La Quinta, State of California, and Brock Homefed
Communities La Ouinta, hereinafter designated as "Subdivider" have entered into an agreement dated
October 16; 1990, for construction of certain improvements associated with Tract 25389-2, which said
agreement is hereby included by reference; and
Whereas, RJT Homes, LLC. hereinafter designated as "Principal", agrees to furnish security in guarantee
of the completion of said improvements.
Now, therefore, we, the principal and AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA as surety, are held and firmly bound unto the CITY OF LA QUINTA, CALIFORNIA
in the penal sum of THREE HUNDRED NINE THOUSAND TWO HUNDRED AND NO/100 dollars
($309; 200.00) 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 the 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 the CITY OF LA QUINTA, it's 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 a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
county (or 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
January 19, 1998.
Y
2601 BLAKE STREET
J
SurrE 202
r
DENVER, COLORADO 80205
C�
& ASSOCIATES
303 • 291-0270
SURETY BONDS & INSURANCE
RJT HOMES, LLC.
BY:
AMERICAN CASUALTY COMPANY OF
READINGPE _ NIA
S eila J. Montoya Atto ey-in-Fact
LABOR AND MATERIAL BOND
BOND NO. 141801975
Whereas, the City Council of the City of La Quinta, State of California, and Brock Homefed
Communities La Quinta, hereinafter designated as "Subdivider" have entered into an agreement dated
October 16, 1990, for construction of certain improvements associated with Tract 25389-2, which said
agreement is hereby included by reference; and
Whereas, under the terms of said agreement, Subdivider is required to furnish payment security 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; and
Whereas, RJT Homes, LLC., hereinafter designated as "Principal", agrees to furnish said payment
security.
Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the
CITY OF LA QUINTA, CALIFORNIA and all contractors, subcontractors, laborers, 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 ONE HUNDRED FIFTY ONE THOUSAND SEVEN HUNDRED
AND NO/ 100 dollars ($ 151; 700.00), for materials furnished or labor therein 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 the 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 of 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 of the specifications accompanying the same shall in any manner affect its
obligation 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
January 19, 1998.
2601 BLAKE STREET'
SurrE 202
DENVER, COLORADO 80205
303 • 291-0270
& ASSOCIATES
RJT HOMES, LL
BY:
AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA
i1a J. Montoya
/12�1
nev-In-Fact
SURETY BONDS & INSURANCE
M ITSTANDING BOND REPORT
Name: Brock Homefed Communities (sold to RJT Homes 2/98)
Tract No. 25389-2
Date of Contract: October 16, 1990
Required Bond Amounts:
Grading $ 38,600 / $ 19,300 performance / labor
Streets/Drainage $146,500/ $ 73,250 performance / labor
Sewer $ 50,900 / $ 25,450 performance / labor
Water $ 67,400 / $ 33,700 performance / labor
Monumentation $ 5,800 performance
Dates of Bond Reductions:
New developer provided replacement security on 2/3/98
Outstanding Bonds:
we : • • •
$ 38,600 Bd7900534595
$ 19,300 same
$146,500 Bd7900534598
$ 73,250 same
$ 50,900
Bd7900534596
$ 25,450
same
$ 67,400
Bd7900534597
$ 33,700
same
$ 5,800
Bd7900534599
• $309,200
141801975
$151,700
same
Date Cancelled/Released:
Replaced 2/18/98
Replaced 2/18/98
Replaced 2/18/98
Replaced 2/18/98
Replaced 2/18/98
• Replaced 2/18/98
Replaced 2/18/98
Replaced 2/18/98
Replaced 2/18/98