26769 Qualico 91CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this :lam`" day of , 19 ,
by and between Qualico Developments Inc., a California Corporation hereinafter referred to as "Subdivider,"
and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as
"City."
WITNESSETH:
WHEREAS, Subdivider has prepared and filed a final map of a tract of land in the City of La Quinta, County
of Riverside, which tract is known as Tract No. 26769; and
WHEREAS, Subdivider has offered for dedication certain rights of way and easements within said tract and
has prepared plans and specifications for improvements associated with said tract; and
WHEREAS, prior to approval of said map, Subdivider is required to install or agree to install certain public
and private improvements; and
WHEREAS, the requisite improvements have not been installed and accepted; and
WHEREAS, it is therefore necessary that Subdivider and City enter into an agreement as provided in Section
66462 of the California Subdivision Map Act;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Subdivider shall, within 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. Subdivider shall construct the public and private street, drainage, landscaping, domestic water, and
other improvements required to be constructed or agreed to be constructed under this Agreement, and bear
the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction
shall be as approved by the City Engineer.
3. Subdivider shall furnish securities in guarantee of the completion of the improvements required
herein. One class of security, 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, hereinafter referred to as "payment security," shall assure the payment of the cost of
labor, equipment and materials supplied to construct the required improvements.
Separate security shall be furnished for performance security and payment security. Performance
security shall equal 100 percent of the estimated value of the required improvements and work. Payment
security shall equal 50 percent of the amount of performance bonding except as otherwise set forth in
Exhibit A.
Security may be furnished with letter(s) of credit and/or bond(s) in favor of City. The securities shall
be satisfactory in form and substance to the City Attorney. Letters of credit shall be executed by surety
institutions, located in and operating in the State of California, with a credit rating of "A" or better. Bonds
shall be executed by corporations authorized to transact surety business in the State of California. All
securities shall be furnished in accordance with the provisions of Exhibit A which is attached hereto and
made a part hereof.
4. Portions of the improvements required herein may be deferred to 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
the securities guaranteeing deferred improvements.
5. 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.
6. Subdivider shall begin the construction of improvements within ninety days and shall complete
construction within twelve months after the approval of this Agreement. If the improvements are not
completed within twelve months, Subdivider shall, in writing, request an extension of this Agreement. City
may approve or deny the request or may approve the extension with additions or revisions to the terms and
conditions of this Agreement.
Subdivision Improvement Agreement - Tract 26769 Page 1 of 4
As a condition of extending the completion period, 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 as approved by the City Engineer and shall be sufficient to insure the
performance of improvement work that remains incomplete at the time of the extension.
7. In the event that Subdivider is unable to perform within the time limits herein due to strikes, acts
of God, or other events beyond Subdivider's control, as determined by City, the time limits for obligations
affected by said events will be extended by the same amount of time as caused by such delay.
8. Before final approval of street improvements, Subdivider shall place survey monuments in
accordance with the provisions of the State Subdivision Map Act and the City Subdivision Ordinance.
Subdivider shall provide the City Engineer, in writing, proof that the monuments have been set and evidence
of payment and receipt thereof by the engineer or surveyor for the setting of the monuments.
9. Upon completion of the improvements required herein, Subdivider shall submit to City a written
request for final approval of the improvements. The request shall be accompanied by a certification,
stamped by a Registered Civil Engineer licensed in the State of California, that all required improvements
have been installed and are in accordance with the approved plans and specifications.
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.
10. 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.
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.
11. Subdivider hereby guarantees the improvements for a period of one year, beginning on the date
of final acceptance of all improvements by the City Council, against any defective work or labor done, or
defective materials furnished, and shall repair or replace defective work or materials.
12. City shall retain ten percent of the performance security for one year following acceptance of the
improvements to support the guarantee of the improvements.
13. City shall retain payment security in accordance with the provisions of the Subdivision Map Act
and shall release payment security only after final City Council acceptance of all improvements. 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. Securities in guarantee of maintenance of perimeter and landscape lots shall not be released until
City accepts said lots for maintenance. In no case will City accept said lots until the tract generates
revenues through assessments by the Landscape and Lighting District.
15. If Subdivider fails to perform any obligation hereunder, City may perform such obligation sixty
days after mailing written Notice of Default to Subdivider at the address given below, and Subdivider shall
pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees.
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 days shall be waived and all other
provisions of this Article shall remain in effect.
16. Subdivider hereby binds itself, its executors, administrators, guarantors, and assigns, and agrees
to indemnify, defend and hold 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, including costs of suit and reasonable attorney's fees.
17. In the event that any requirement or condition of this Agreement is inconsistent with provisions
of the Tentative Tract Map Conditions of Approval for this subdivision, which document is incorporated
herein by reference, the provisions in the Tentative Tract Map Conditions of Approval shall prevail.
18. 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.
Subdivision Improvement Agreement - Tract 26769 Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF LA QUINTA:
4
a /
Ronald L. Kiedr'owski
City Manager
SUBDIVIDER: �c�iCc� � �(,�� "'ADDRESS:
UJ:
Title: � rk1Ztt*1- cq(mSoj �e �
By:
Title:
q4 -a�, 1�C9-P' Tom_ 'tee
For Subdivider:
On this day of , 19 , before me, the undersigned, a Notary Public
for the State of California, did personally appear:
-�C as ; C
and
as
representing ../) Z%'ia
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed hereinabove.
of Notary
l
'
Fes,
Signature of Notary
Print Name
Reviewed and Approved: //-197-91
City E6,.c in er Date
Subdivision Improvement Agreement - Tract 26769 Page 3 of 4
Exhibit A
Security
Except as otherwise provided herein, Subdivider shall furnish performance security and payment
security prior to the recordation of the final map.
As elements of the work are completed, Subdivider may request a maximum of three partial releases
of security, which shall be evaluated and may be granted 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.
Improvement Descriation
On -site street and drainage
Off -site street and drainage
Domestic water facilities
Landscaping & perimeter wall
Monroe Street median island (deferred)
Power pole relocation (deferred)
Survey monumentation
Totals:
Performance
Payment
$120,715
$60,358
75,467
37,734
44,698
22,349
207,211
103,606
34,291
0
25,000
0
$507,382 $224,047
Subdivision Improvement Agmment - Tract 26769 Page 4 of 4
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coENCO
Insco/Dkoins;
i, 223776S C
BOND NO: c
> $12' 249 �
INITIAL PREMIUM: `
SUBJECT TO RENEWAL.ro
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� C
SUBDIVISION IMPROVEMENTS C
PERFORMANCE BOND
c�
KNOW ALL MEN BY THESE PRESENTS:
c�
' �,
UALICO INVESTMENTS, LIMITED, A CALIFORNIA LIMITED PARTNERSHIP , as Principal, C
That we, under and b virtue of the laws of the State P
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business y
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
BOX 1504
LA QUINTA9 CA 92253 C
R D TEN THOUSAND THREE HUNDRED EIGHTY TWO AND NO11OO ----------
as Obligee, in the sum of —FIVE HUNDRED
($ 510,382.00---- ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and
successors, jointly and severally firmly by these presents.
C
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
26769
k WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/Parcel) Map No.
C
entered into an agreement or agreements with said Obligee to complete the improvements specified in =j
C
64�7-aid agreement or agreements.
W THEREFORE the condition of this obligation is such, that if the above
well and truly perform said agreement or
ENO ,
agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice
to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal
hereto
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
California, this 18 day of OCTOBER
"PRINCIPAL"
P ;1C0
INVESMENTS LTD., A CALIF. LTD. PTN.
Inc.
DEVELOPERS INSURANCE COMPANY
BY:
17 7 80
A& IR
F �s A49 (714) - - -
fj� FORM DI113 (REV. 1185)
Fhe Insco/Dico Group
BOND NO:
223776S
PREMIUM INCLUDED
IN PERFORMANCE BOND.
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, QUALICO INVESTMENTS, LIMITED, A CALIFORNIA LIMITED PARTNERSHIP , as Principal,
and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State
of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto
CITY OF LA QUINTA
BOX 1504, LA QUINTA, CA 92253
as Obliee, in the sum of FIVE HUNDRED TEN THOUSAND THREE HUNDRED EIGHTY TWO AND NO/ 100-------
g
($ 510, 38 2 , 00------- ) Dollars, for which payment,
successors, jointly and severally firmly by these presents.
well and truly to be made, we bind ourselves, our heirs, executors and
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the
CITY OF LA QUINTA
as Obligee for the improvements in the
subdivision designated as (Tract/Parcel) Map No. 26769 , as required
by the Government Code of California.
NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his
subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said
agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of
California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the
Surety.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at UPLAND ,
California, this 18 day of
"PRINCIPAL"
OCTOBER
QUALICO INVESTMENTS, LTD., A CALIF LTD PTN
R
I Qual co ve ts, Inc.
, 19 91
"SURETY"
DEVELOPERS INSURANCE COMPANY
BY:
SUSAN C . MONTFON, Attorney -in -Fact
393XM1sHir)j AvaX 17780 FITCH
Anghdn-K MAJ93M IRVINE, CA 92713
(11* 929g1471 (714) 263-3300
FORM DI112 (REV. 1/85)
RIDER
BOND NUMBER
DATE OF NOTICE
BOND NUMBER
TYPE OF BOND
12-02-91
223776S
LABOR & MATERIAL BOND
SUBDIVISION IMPROV. STREETS,LANDSCAPING
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or
warranties of the above mentioned bond, other than stated as below.
O
B CITY OF LA QUINTA
L P.O. BOX 1504
G
G LA QUINTA CA 92253
E
E
Gentlemen:
This Rider is to be attached to and form a part of the above captioned bond effective
This Rider is on behalf of 10-18-91
QUALICO INVESTMENTS, LIMITED,
CALIFORNIA LIMITED PARTNERSHIP
and in favor of the Obligee stated above.
In consideration of the premium charged, it is understood and agreed, effective from above date, that:
P
R
O
D
C
E
R
AMEND BOND AMOUNT FROM: $510,000.00
TO: $510,382.00
Provided, however, that the liability of the
company under the attached bond as changed
by this order shall not be cumulative.
SFINGI AND HANNON ENTERPRISES Signed this day of
77-564 COUNTRY CLUB DRIVE #150 02 DECEMBER 1991
PALM DESERT CA 92260
40- "llib C,
JUJOIC
By kk� C ,
OBLIGEE COPY Attorney -In -Fact, SUSAN C . MONT
UPLAND BRANCH
OUTSTANDING BOND REPORT
ime: Qualico Developments, Inc.
act No. 26769
udte of Contract: October 21, 1991
Required Bond Amounts:
On -site street/drainage -
$120,715
$ 60,358
Off -site street/drainage -
$ 75,467
$ 37,734
Water facilities -
$ 44,698
$ 22,349
Landscaping/Perimeter wall -
$207,211
$103,606
Monroe Street median -
$ 34,291
$ 0
Power pole relocation -
$ 25,000
$ 0
Monument -
$ 3,000
$ 0
Total:
$510,382
$224,047
Dates of Bond Reductions:
Outstanding Bonds:
kmoun
A� Bond No. Date Cancelled/Released:
$510,382 223776S