25499-4 Sunrise Desert Part 90CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this A4�� day of
19 O , by and between SUNRISE DESERT PARTNERS, 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. 25499-4 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, Subdivider, by said map, has not offered for dedication
to the City for public use the aforementioned private streets; 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 $271,012.00 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, 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. 25499-411; a 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.
2. Subdivider shall furnish to City a security satisfactory in
form and substance to City Attorney executed by a corporation
authorized to transact surety business in the State of California on
forms approved by the City, one security to be in the sum of
$547,486.00 Dollars to assure the faithful performance of this
Agreement and to assure payment of the cost of the labor and
materials for the improvements required to be constructed or
installed hereby.
SUBDIVISION IMPROVEMENT AGREEMENT - TR 25499-4
Page 2
3. 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.
The Subdivider, after setting the monuments, shall furnish
the City Engineer of the City of La Quinta, written notice of the
setting of said monuments and written proof of having paid the
engineer or surveyor for the setting of said monuments, or as
provided for in the Subdivision Map Act.
4. In accordance with the terms of said subdivision regulation
aforesaid, the Subdivider does hereby agree to furnish a security
satisfactory in form and substance to the City Attorney in the amount
included in $547,486.00 to guarantee payment of the cost of setting
monuments as stated in Item No. 3 of this agreement.
5. DELETED (Recommendation for City Acceptance)
6. Subdivider shall complete such improvement 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. DELETED (1-year guarantee of City accepted improvements)
8. DELETED (Construction to commense within 90 days and
completed within 180 days)
9. DELETED (City to retain payment securities for 1 year as
guarantee)
10. DELETED ( City to retain 10 0 of performance security for
1 year)
11. Subdivider also agrees, at his sole cost and expense, to
construct and install to the standards and specifications required by
the City, the Private Streets and utilities as shown on the
aforementioned "Improvement Plans" for Tract No. 25499-4.
12. DELETED ( Post construction securities)
13. The City Engineer or his duly authorized representative,
upon written request of Subdivider, shall inspect the Private Streets
herein agreed to be constructed by Subdivider, and determine if said
Private Streets have been constructed in compliance with the
standards and specifications required by City for public streets.
14. Subdivider hereby guarantees said Private Streets for a
period of one year following the completion by Subdivider, and
approval by City Engineer, 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.
Subdivision Improvement Agreement - Tr 25499-4
Page 3
15. Subdivider shall commence the construction and installation
of said Private Streets and utilities within ninety (90) days from
the approval of such "Improvement Plans" for Tract No. 25499-4 by
the City Engineer, and shall complete such construction and
installations within eighteen (18) month from such date of
commencement; provided, however, that Subdivider shall have the
option at its sole discretion to extend the completion period
described herein past the eighteen (18) month time period to any
future date said Subdivider may select. It is understood, however,
that as a condition precedent to extending the aforementioned
completion period, Subdivider shall furnish the City the securities
described in Item No. 2 herein covering any extended completion
period selected by Subdivider pursuant to this paragraph. The amount
of said securities to be furnished to City pursuant to this paragraph
shall be sufficient to insure the performance of additional work to
complete, after taking into account work already performed, the
aforementioned Private Streets and utilities. Said securities amount
to insure completion shall be determined by City's engineer.
16. Fifty percent of the security required herein at Item No. 2
shall be retained to secure payment to the contractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials for six (6) months after completion and approval of the
work provided at Item No. 11 herein by the City Engineer.
17. Ten percent of the estimated cost of street improvements
shall be retained by the City from the security required by Item No.
2 herein for one (1) year after completion and approval of the work
by the City Engineer to support the guarantee of the improvements by
the Subdivider as required by Item No. 15 herein.
18. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform such
obligation sixty ( 60 ) days after mailing written Notice of Default to
Subdivider at the address given below, and agrees to pay the entire
cost of such performance by City.
19. 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.
20. Subdivider hereby binds itself, its executors,
administrators and assigns, and agrees to indemnify, defend and hold
the City harmless from any losses, claims, demands, actions or causes
of action of any nature whatsoever, arising out of or in any way
connected with 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 No. 25499-4
Page 4.
IN WITNESS WHEREOF, zhe parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF LA QUINTA
By•
/2
Ronald L. Kiedrowski
City Manager
i
Der City Clerk
SUBDIVIDER:
Sunrise Desert Partners
A California Limited Partnership
BY: Sunrise Corporation
A California Corporation
General Partner
7
BY: �
Phillip K. ith
Executive Vice President
CAT. NO. NNW636
TO 1954 CA (9-84)
(Corporation as a Partner of a Partnership) @) TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Riverside SS.
On O before me, the undersigned, a Notary Public in and for
said State, personally appeared Phil lip K . Smith. jr.
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as the Executive Vice President,-4 J
of
Sunrise Corporation
the corporation that executed the within instrument on
behalf of Sunrise Desert Partners 1•«+•���N��++...��„��
the partnership that executed OFFICK SM
the within instrument, and acknowledged to me that such ALLAN R. LEVIN
corporation executed the same as such partner and that NM, KXILKe NJFORNM
such partnership executed the same. PFONCiPAt OFFICE IN
WITNESS my hand and official seal. RIVER= COUNTY
10,
y Commission Exp. Aug. 21, IM
Signatu a (This area o official notarial seal)
REVIEWED AND APPROVED
ty Enfineer
11/86
Date
SUBDIVISION IMPROVEMENT AGREEMENT
BOND REQUIREMENTS
LABOR &
MATERIALS
BOND
PERFORMANCE
PAYMENT
GROUP
IMPROVEMENT DESCRIPTION
BOND
BONQ,_
1
subdivision Grading
$ NONE
$ NONE
2
Off -site street and drainage
improvements
NONE
NONE
3
on -site streets and drainage
improvements
271, 012.76
135,506.38
4
Perimeter lots and drainage
basin landscaping
NONE
NONE
5
Sanitary sewer facilities
61, 754.00
30, 877.00
6
Domestic water facilities
2109419.00
105,209.50
7
Survey monuments
4,300.00
---------
8
Traffic signals
(list intersections)
NONE
NONE
9
Median (list streets that
require medians)
(z width improved with
landscaping & irrigation)
NONE
NONE
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.
Bond
Group
1
- Totals =
Bond
Group
2
- Totals =
Bond
Group
3
- Totals =
Bond
Group
4
- Totals =
Bond
Group
5
- Totals =
Bond
Group
6
- Totals =
Bond
Group
7
- Totals =
Bond
Group
8 -
Totals =
Bond Group 9 - Totals =
GRAND TOTALS $
Performance
Bond
$ NONE
NONE
271,012.76
NONE
619754.00
2109419.00
4,300.00
NONE
NONE
Labor & Materials
Payment Bond
$ NONE
NONE
135,506.38
NONE
30,877.00
105,209.50
NONE
NONE
5479485.76 2719592.88
The listed items are those typically used for most subdivisions. Items may
be added or deleted to meet the requirements of the City of La Quinta.
SUBDIVISION BOND
FAITHFUL PERFORMANCE - PUBLIC WORK BOND NUMBER 3SM 776 156 00
PREMIUM: $1438.00
AMERICAN MOTORISTS INSURANCE COMPANY
7470 N. FIGUEROA ST., LOS ANGELES, CA 90041
(213) 257-8291
KNOW ALL MEN BY THESE PRESENTS: That SUNRISE DESERT PARTNERS
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
ONE HUNDRED & FORTY THREE THOUSAND EIGHT HUNDRED
& ELEVEN & NO/100
Dollars
($143,811.00), for the payment whereof, well and truly to be
made, said Principal and Surety bind themselves, their heirs, adminis-
trators, successors, and assigns, jointly and severally, firmly by these
presents.
THE condition of the foregoing obligation is such that, whereas the above -
bounden Principal has entered into a contract/agreement, dated XX/XX/XX,
with the Obligee to do and perform the following work, to wit:
IMPROVEMENTS TRACT # 25499-4
NOW, THEREFORE, if the above -bounden Principal shall well and truly perform
the work contracted to be performed under said contract, then this
`obligation shall be void; otherwise to remain in full force and effect.
t
SIGNED, SEALED, DATED: June 29, 1992
SUNRISE DESERT PARTNERS
Principal
By:
AMERICAN MOTORISTS INSURANCE COMPANY
Surety'
By: WILLIA J. SHUPPER
Attorn I Fact
Subdivision Bond
Labor & Material/Payment
Bond Number 3SM 776 156 00
AMERICAN MOTORISTS INSURANCE COMPANY
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,SUNRISE DESERT PARTNERS
as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held
and firmly bound unto CITY OF LA QUINTA
as Obligee, in the sum of SEVENTY ONE THOUSAND, NINE HUNDRED FIVE AND NO/100
($ 71,905.50),
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 THIS OBLIGATION IS SUCH, That, Whereas, said Principal has
entered into a Subdivision Agreement with the Obligee, dated XX/XX/19XX1
in which said Principal agrees to construct designated public improvements,
as follows:
IMPROVEMENTS
TRACT 25499-4
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 and contractor or subcontractor fails
to pay for any materials, provisions, or rented equipment used in, upon, or
for or about the construction of the public improvements or performance of
the work to be done, or any work or labor done of any kind, in or on such
improvements, said Surety will pay the same in an amount not exceeding the
sum set forth above.
This bond shall inure to the benefit of the contractor, his subcontractors,
and to persons renting equipment or furnishing labor & materials to them for
the improvements.
Signed and sealed on JUNE 29TH 1992.
SUNSET DESERT PARTNERS
AMERICAN M TORISTS INSURANCE COMPANY
By:
WILLIA H PPER
Attorn in act
Please direct all correspondence to:
Lou Jones & Associates
P.O. Box 41375
Los Angeles, Ca 90041
213-257-8291
OUTSTANDING BOND REPORT
Name: Sunrise Desert Partners
Tract No. 25499-4
Date of Contract: December 4, 1990
Required Bond Amounts:
$ 271,012.76 - $135,506.38
$ 61,754 - $30,877
$ 210,419 - $105,209.50
$ 4,300
Dates of Bond Reductions:
- On -site streets/drainage - labor
sewer - labor
- water - labor
- monument
Performance bonds reduced to $143,811 on 9/17/91
(memo from Fred Bouma states that the amount should be $148,11 1 which includes the
monument bond amount)
Performance bonds reduced on 5/16/95 to warranty of $ 27,101 with
monument amount of $4,300 to be retained also for a total of $31,401
(warranty to be released after one year)
(payment security to be released after 90 days)
(monumentation to be released after receipt of certificate)
Outstanding Bonds:
Amount:
$143,811
$ 71,905.50
Bond No.
3SM 776 156 00
3SM 776 156 00
Date Cancelled/Released: