20218 Dorado Dev 84CITY OF LA QUINTA
THIS A .. .. .. .. .
made and entered into this.28 dayof
by and betweenevp _ Auqust ,19 84
IOQM Cohereinafter referred, to as "SUBDIVIDER"
and CITY OF LA QUINTA st municipa corporation of the State of California here'
after referred to as �,CITyd . , �.ri-
WITNESSE H:
WWREAS, the Subdivider has prepared and filed a final subdivision map of Tract
2n211iR in the City of La Quinta , County of Riverside for a
val by City; and , ppro-
MUM AS, as a condition precedent to the approval of said m3 b City, der is r P Y ty, Subdivi.
required to offer for dedication those parcels of land intended for streets
highways and other public use, and also to construct and install or agree to cons
and install certain improvements on said dedicated parcels, and construct
WHEREAS, Subdivider, by said map, has offered for dedication to cityfor ub '
use certain streets and easements shown on said map; and
P lic
ME2EAS, City desires to'_accept the streets and easements shown on said for
public use, and certain other such improvements; and map
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 a with the City to construct certain improvements; and gr'eerr�nt
WHMEAS, the total cost of such i
Engineer to be approximaterrq�rovemants has been estimated b lyq Dollars and Y the City
WHEREAS, Subdivider by said map has proposed to utilize certain parcels
ce
of
for private streets, and also to construct and install or agree to construct and�d
stall certain improvements; and in-
stall
MEHAS, Subdivider by said map has not offered for dedication to the Cityfor
Public use the afore-vantioned private streets; and
W REAS, 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
MUMEAS, the total cost of such improvements has been estimated by the City
Engineer to be approximately tY.
Y one hundred seventy thousand Dollars;
NC)W TfflMEFnRE, IT IS AMEED by and between the parties hereto 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
"Im-
provement Plans for Tract No. 20218
the office of the City Engineer of the Cityand whichis
which is now on file in
herein as thou referred to and incorporated
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
of $170,000.00 Dollars to assure the faithful performance of this s=
meet, and one security to be in the sof tun
of the cost of the labor and materials for the170 , o� Dements required to assure paylm�ent
or installed hereby, emus to be constructed
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 LaQuinta as shown on the Tract Map.
T°ne Subdivider. after setting the mono milts, sha-11 furnish the City Engineer of
the City of LaQuinta , written notice of the settingof said mon
Proof or r:.vL,-lg paid the engineer or surveyor for the setting of said mons and kitten
prof -deti for in the Subdivision Map Actmonuments, or
P.
_ Subdivision Improvem-ent Agreement
Page 2
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 $ 1,000.00 Dollars 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 con-
structed and installed by Subdivider, and if determined to be in accordance with
the applicable City standards, shall reccnvend the acceptance of such improvements
by the City.
6. Subdivider shall complete such improvenent plans including any corrections
and revisions thereto necessary to conply with the applicable City standards as
determined by the City Engineer, within thirty (30) days after approval of the
final map.
7. Subdivider shall guarantee 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 discovered during said one year period.
B. Subdivider shall commence the construction and installation of such
improvements within ninety (90) days from the approval of such "Improvement Plans"
for Tract No.��1R by the City Engineer, and shall complete such
construction and installations within eighteen (18) months from such date of
ccauencemient.
9. The labor and material security required herein at Item No. 2 shall be
retained to secure payment to the Contractor, his subcontractors, and to persons
renting equipnent or furnishing labor or materials for six (6) months after com-
pletion and acceptance of the work provided at Item No. 1 herein by the City.
16. Fifteen percent (15%) 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. 20218 .
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 $ 170,000.00 Dollars to assure the faithful
performance of this Agreement with respect to said Private Streets, and one
security to be in the sum of $ 170,000.00 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 con-
structed in compliance with the standards and specifications required by City
for public. streets.
14. Subdivider shall guarantee said Private Streets for a period of one year
following the completion by Subdivider, and approval by City Entineer, 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 discovered during said one year period.
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. _ 20218 by the City Engineer, and shall complete such construction
and installations within eighteen (18) months from such date of connencemnnt; pro-
vided, however, that Subdivider shall have the option at its sole discretion to
extend the completion period described herein past the eighteen (18) mnths time
5u:x� Lvi�iulZ In proven-ent
_P-age3
period to any future date said Subdivider may select. It is understood, however, that
as a condition precedent to extending the aforementioned cc repletion period, Subdivider
shall furnish to City the securities described in Item No. 12 herein covering any
extended ccnpletion 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 ccnplete, after taking
into account work already performed, the aforementioned Private Streets. Said
securities amount to insure ccnpletion 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 conpletion
and approval of the work provided at Item No. 11 herein by the City Engineer.
17. Fifteen percent (15%) 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 performanyobligation 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 per-
formance 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF LA QUINTA
By. 00,
Frank M. Usher,-Cit ger
A=T:
By
Ann Jenrgs, Deputy City Clerk
SUBDIVIDER: DORADO DEVELOPMENT COMPANY
BY: WILLIAM G. YOUNG DEVELOPMENT CORPORATION,
General Partner
By -
/I / o /I
William G . Y(6fig , es i dent
By' /
ave t. Lundgren; 5ecrenry
REVIMM AND APPRC7VID Cc" Date / �1 • (, .
City Engineer