25500-3 Sunrise Desert Part 90CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of IUOJc P- '1
19 , 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 subdivi-
sion map of Tract No. 25500-3 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 -0- 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. 2 5 5 0 0 - " ; 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 author-
ized to transact surety business in the State of California on forms
approved by the City, one security to be in the sum of -0-
Dollars to assure the faithful performance of this Agreement, and one
security to be in the sum of -0- Dollars to assure payment of
the cost of the labor and materials for the improvements required to
be constructed or installed hereby.
Subdivision Improvement Agreement
Page 2.
3. Before final approval of the street improvements, the
Subdivider will place survey monuments in accordance with the provi-
sions 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
of $ 2,500.00 to guarantee payment of the cost of
setting monuments as stated in Item No. 3 of this agreement.
5. 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.
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. 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.
8. Subdivider shall commence the construction and installation
of such improvements within ninety (90) days from the approval of
such "Improvement Plans" for Tract No. 25500-3 by the City
Engineer, and shall complete such construction and installations
within eighteen (18) months from such date of commencement.
9. The labor and material security required herein at Item No. 2
herein shall be retained by the City for one (1) year to support the
guarantee of the improvements by the Subdivider as required by Item
No. 7 herein.
10. Ten percent (10%) of the performance security required by
Item No. 2 herein shall be retained by the City for one (1) year to
support the guarantee of the improvements by the Subdivider as
required by Item No. 7 herein.
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 as shown on the aforementioned
"Improvement Plans" for Tract No. 25500-3 .
12. Subdivider shall furnish to city a security satisfactory in
form and substance to the 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
$ -0- Dollars to assure the faithful performance of this
Agreement with respect to said Private Streets, and one security to
be in the sum of $ -0- Dollars to assure payment of the
cost of labor and materials for the Private Streets required to be
constructed hereby.
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.
_.Subdivision Improvement Agreement
Page 3.
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.
15. Subdivider shall commence the construction and installation
of said Private Streets within ninety (90) days from the approval of
such "Improvement Plans" for Tract No. 25500-3 by the City
Engineer, and shall complete such construction and installations
within eighteen (18) months 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) months 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. 12 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. Said securities amount to insure completion shall be
determined by City's engineer.
16. The labor and material security required herein at Item No.
12 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 (10%) of the performance security required by
Item No. 12 herein shall be retained by the City for one (1) year 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
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:' L
Ronald L. KiedrowsKi
City Manager
ATTEST:
B
gv=Mq� City Clerk
SUBDIVIDER:
Sunrise Des.ert Partners
A California Limited Partnership
BY: Sunrise Corporation
A California Corporation
General Partner
BY / le-0,
Phillip K. ith
Executive Vice President
CAT. NO, N N 00636
TO 1954 CA (9-841
(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'Phi l lin 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, --,
Seereftry of
Sunrise Corporation
the corporation that executed the within instrument on
behalf of Sunrise Desert Partners
the partnership that executed OFFICIAL SEAL
the within instrument, and acknowledged to me that such ALLAN R. LEVIN
corporation executed the same as such partner and that ► TARY PUSUCCALIFORNIA
such partnership executed the same. PRWC1PAl IN
WITNESS hand and official seal. 4bmy
RIVERSIDE COLOM
Commission EV. Aug. 21,1"2
Signatur (This area for official notarial seal)
f
REVIEWED AND APPROVED 11-14- 90
Cit Engineer Date
11/86
IVISION BOND
HFUL PERFORMANCE - PUBLIC WORK
BOND NUMBER 3SM 776 157 00
PREMIUM: $100.00
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
TWO THOUSAND FIVE HUNDRED & N01100
Dollars
($2,500.00), 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 # 25500-3
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: June 29, 1992
SUNRISE DESERT PARTNERS
Principal
AMERICAN OTO STS INSURANCE COMPANY
Surety
By: WILLIA . VSHUPPER
Attor I Fact
OUTSTANDING BOND REPORT
Name: Sunrise Desert Partners
Tract No. 25500-3
Date of Contract: November 6, 1990
Required Bond Amounts:
$ 2,500 - Monument
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
$2,500 3SM 776 157 00 Released 12/3/92