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27984 LQ Village Part 95Twyl 4 4Q" COUNCIL/RDA MEETING DATE: December 16, 1997 ITEM TITLE: Acceptance of Improvements within Parcel Map 27984, La Quinta Village Shopping Center, Rich Development Company Accept on -site improvements within security for those improvements in Municipal Code. None. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: a - STUDY SESSION: PUBLIC HEARING: Parcel Map 27984 and direct staff to release accordance with Chapter 13 of the La Quinta The developer, Rich Development Company, has requested City acceptance of on -site improvements and release of security for Parcel Map 27984, La Quinta Village Shopping Center. The secured on -site improvements include site grading, general site improvements, the relocation of an existing storm drain pipe, detention basin improvements, and on -site landscaping. The developer is also conditioned to share in the cost of the recently completed median landscaping along their frontage of Washington Street as well as future median landscaping within Calle Tampico. When determined, the specific cost for the Washington landscaping due to the City will be submitted to the developer for payment. However, due to the fact that the landscaping within Calle Tampico has not been scheduled, that cost is not available. Initially, the developer's share of the cost of median landscaping within both streets was estimated at $37,200. This obligation was secured with the Improvement Agreement, and will remain in place until such time as payment for all median landscaping is received. 000159 FAMDEMCOUNCIL\1 997\971216C.WPD The developer has completed construction of on -site improvements for Parcel Map 27984. The improvements have been reviewed and found to meet City standards. Alternatives for the City Council to consider are: Accept on -site improvements within Parcel Map 27984 and direct staff to release security for those improvements in accordance with Chapter 13 of the La Quinta Municipal Code. �fG Chris A. Vog Public Works Director/City Engineer 000160 FAPWDEPT\COUNCIL\1 997\97121 6C.WPD CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 3 day of C toe r , 19 , by and between La Quinta Village Partnership, a California hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of th State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a parcel map (the "Map") of a tract of land in the City of La Quinta, County of Riverside, which Map is known as Parcel Map No. 27984 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Parcel Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements") C. The requisite improvements have not been installed and accepted at this time. D. 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 Parcel Map, complete final corrections and revisions to 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 SecuritX. A. As a condition of City Council approval of the Parcel 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 which are of the form specified in Section 66499.2 of the Subdivision Map Act and satisfactory in form and substance to the City Attorney and are 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, (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 or Parcel Map, (5) an irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the City, and guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss, and pledging that the condition of the obligation of the letter of credit is such that if the bounded principal, his 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 this Agreement and any alteration thereof made as herein provided, on his or their part, to be kept and performed at the time and in the manner herein specified, and in all respects according their true intent and meaning, and shall indemnify and save harmless the City and its officers, agents and employees, as herein stipulated, then the obligation shall become null and Subdivision Improvement Agreement - Parcel Map 27984 Page 1 of 4 void; otherwise it shall be and remain in full force and effect. 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, 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. Guarantee security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. In lieu of providing guarantee security of a separate class, Subdivider may provide "extended -duration performance security" in the amount required of performance security hereinabove which, with language acceptable to City, is expressly extended beyond final acceptance/approval of improvements to provide the required warranty security coverage. D. City shall retain guarantee security or Ten Percent (10%) of extended -duration 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. E. Certain Improvements required herein may be deferred for construction by others at a later date. Deferred improvements, if any, are identified in Exhibit A. Performance ecurity furnished for deferred improvements shall remain in place until the deferred improvements are constructed and costs are known and shall guarantee the reimbursement by Developer of Developer's share of the cost of the deferred improvements. Payment security and guarantee security shall not be required for improvements deferred for construction by others. Upon written demand from City, Developer shall deposit cash with City in lieu of or in replacement of securities guaranteeing deferred improvements. 4. Permits Required. 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 Parcel 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 Majeure. 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 Subdivision Improvement Agreement - Parcel Map 27984 Page 2 of 4 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 any required certifications from Subdivider's engineers or surveyors and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly authorized representative will review the construction quality documentation and will 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 the City Council. 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 an engineer or surveyor, as appropriate for the improvements thereon, who is 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 all 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 Parcel Map Conditions of Approval for the Tract. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include conditions of the Tentative Parcel Map Conditions of Approval for the Tract, which document is incorporated herein by reference, the provisions in the Tentative Parcel Map Conditions of Approval shall remain in effect and shall control. 17. SeverabilitX. 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. Subdivision Improvement Agreement - Parcel Map 27984 Page 3 of 4 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: SUBDIVIDER: La Quinta Village Partnership By: Title: Title: rl T m Genovese City Manager ADDRESS: Reviewed and Approved: 4: 7 9 19g5- City Engineer Date Approved as to Form: City Attorney Date Subdivision Improvement Agreement - Parcel Map 27984 Page 4 of 4 Exhibit A LIST OF IMPROVEMENTS AND SECURITY AMOUNTS - PARCEL MAP 27984 Except as otherwise provided herein, Subdivider shall furnish performance security and payment security prior to City Council approval of the parcel 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 Subdivider'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. Payment (labor & materials) security may be released only after final acceptance/approval by the La auinta City Council of all tract improvements. Partial releases of performance security 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. Improvement Description Grading General Site Improvements Relocate RCP in Basin Basin Sump Pump & Discharge Pipe On -site Landscaping Median Lndscpg, Washington & Tampico (deferred) Performance Payment $6,000 $3,000 2,000 1,000 3,200 1,600 6,000 3,000 11,200 5,600 � 6 . 11 Totals: $65,600 $32,800 STATE OF CALIFORNIA ) ss. COUNTY OF Los Angeles ) On September personally appeared 7, 1995 Joseph before me, Nancy R. Ventura (Notary Public) , Name, Title, e.g., "Jane Doe, Notary Public" W. Rich Name(s) of Signer(s) ® personally known to me -- OR -- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. P:aI iL R Vent Witness my hand and official seal. rV r Lamm *1015933 n v 0" NOTARY PUSLIC CALIFORNIAy, �O5 ANGELES COUNTY r'omr, `kairee Feb 4 1998 "+ gnature of Notary OPTIONAL Though the data below are not required by law, the information may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER: ❑ Individual ❑ Corporate Officer: Title(s) ® Partner(s): ® Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: SIGNER IS REPRESENTING Name of Person(s) or Entity(ies) La Quinta Village Limited Partnership DESCRIPTION OF ATTACHED DOCUMENT Subdivision Improvement Agreement Title or Type of Document I Number of Pages Date of Document SIGNERS (Other than named above) 7470 N. FIGUEROA, LOS ANGELES, CA 90041-1091 LOU JONES P.O. BOX 41375, LOS ANGELES, CA 90 ` & ASSOCIATES (213) 257-8291 FAX (213) 256-7218 rAl inr UL Pr;xr'uxINIANC E - PUBLIC wut<h t3UNll NUMbLE lb-vl 00-) jya uu PREMIUM: $1,312.00 AMERICAN MOTORISTS INSURANCE COMPANY 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 (213) 257-8291 KNOW ALL MEN BY THESE PRESENTS: That LA QUINTA VILLAGE LIMITED PARTNER- SHIP, A CALIFORNIA LIMITED PARTNERSHIP 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 SIXTY FIVE THOUSAND SIX HUNDRED AND NO/100THS ----- --------------------------------------- 7---------- Dollars ($65,600.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, adminis- trators, successors, and assigns, jointly and severally, firmly by these presents. THE condition of the foregoing obligation is such that, whereas the above - bounden Principal has entered into a contract/agreement., dated with the Obligee to do and perform the following work, to wit: PARCEL MAP NO. 27984, IMPROVEMENTS. NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: September 8, 1995 LA QUINTA VILLAGE LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP Principal Bv: AMERICAN MO ORISTS INSURANCES COMPANY Suret.v 9 By: IPT N KELLER Att rney In Fact c 7MTMA-E�fpATMENT AMERICAN MOTORISTS INSURANCE COMPANY SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS: That we,LA QUINTA VILLAGE PARTNERSHIP, A CALIFORNIA as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto LIMITED PARTNERSHIP TWOof THIRTY TWO THOUSAND EIGHT HUNDRED A�DSUO/10lUOTHS as Obligee, in the sum ---------------- ($ 3 for the payment of b these lawful money of the United States, for joinwell and jointly and severally, firmly which sum wey truly to be made, We bind our presents. LIGATION IS SUCH, That, Whereas, said Principal has THE CONDITION OF THIS OBLIGATION dated %/19, entered into a Subdivision Ag regiment with the Obligee, public improvements, in whi ch said Principal agrees to construct designated p as follows: PARCEL MAP NO. 27984 vin said Subdivision, the Principal is required as and, a condition of approving provided* to give a Labor and Material Payment Bond as herein p or and contractor or subcontractor upon, lor NOW, THEREFORE, if said Principal or rented equipment used i provisions, performance of to pay for any materials, public improvements or for or about the construction of the p kind, in or on such work or labor done of any the work to be done, or anWill pay the same in an amount not exceeding the improvements, said Surety sum set forth above.contractor, his subcontractors, This bond shall inure to the benefit of furnishing the labor&materials to them for Th and to persons renting equipment or the improvements. Signed and sealed on SEPTEMBER 08 1995. LA QUINTA VILLAGE PAp,RTNER5HIP A CALIFORNIA LIMITED P Principal By: AMERICAgney INSURANCE COMPANY By: K Attct Please direct all correspondence to: Lou Jones & Associates P.O. Box 41375 Los Angeles, CA 90041 OUTSTANDING BOND REPORT Name: La Quinta Village Partnership Tract No. Parcel Map 27984 Date of Contract: October 3, 1995 Required Bond Amounts: Grading $ 6,000 performance $ 3,000 payment Gen. Site Imp $ 2,000 performance $ 1,000 payment Relocate RCP in Basin $ 3,200 performance $ 1,600 payment Basin Sump Pump $ 6,000 performance $ 3,000 payment Onsite Landscaping $11,200 performance $ 5,600 payment Median Landscaping on $37,200 performance Washington/Tampico $18,600 payment Dates of Bond Reductions: Outstanding Bonds: Amount: Bond No. Date Cancelled/Released: $65,600 3SM88399800 $32,800 same ..