20717-1 Sunrise 85V.
CITY OF LA QUINTA R ECEIVED
SUBDIVISION IMPROVEMD?T AGMHOUCITY OF LA UINTA
COMMUNITY DEVEL(SPME T DEPT
THIS AGREEMENT, made and entered into this. Second day of July ,1985
by and between W lliam Bone, dba Sunrise Compahweinafter referred to as "SUBDIVIDER"
•
and CITY OF LA QUINTA , a municipal corporation of the State of California, herein-
after referred to as "CITY".
WHEREAS, the Subdivider has prepared and filed a final subdivision map of Tract
No • 20717 -1in the C i ty o f L a Q u i n t a , County of Riverside, - for appro-
val by City; and
WFMWAS, as a condition precedent to the approval of said map by City, Subdivi-
der is 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 construct
and install certain improvements on said dedicated parcels; and
W MAS, Subdivider, by said map, has offered for dedication to City for public
use certain streets and easements shown on said map; and
WHO, City desires to'- accept the streets and easements shown on said map for
public use, and certain other such improvements; and
WiEEMAS, 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
W MAS, 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 constrict and in-
stall certain improvements; and
WHEREAS, Subdivider by said map has not offered for dedication to the City for
public use the aforementioned private streets; and
WAS, 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
UNU AS, the total cost of such improvements has been estimated by the City
Engineer to be approximately $ 4 2 2 ,18 4. 0 0 Dollars;
Naa THEM.2 RE, IT IS ADD 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 the "Im-
provement plans for Tract No. 2 0 717 -1 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 $ 4 2 2 ,18 4. 0 0 Dollars to assure the fai :hful perfurmanc:e ok this Agree-
ment, and one security to be in the sun of included in abovdDollars to assure payment
of the cost of the labor and materials for the improvements required to be constructed
or installed hereby.
3. Before final approval of the street improvements, the Subdivider will place
survey monuments in accordance with the provisions of the State Subdivision Map Art
and the Subdivision Ordinance of the City of Ia Quinta as sho%m on the Tract Map.
The Subdivider, after setting the monuments, shall furnish the City Engineer of
the C i t y o f L a Q u i n t a ., 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 prc•.-ided for in ti*ve Subdivision Map Act.
�Ut,,, j ,; vision Improvement Agreement R E C E I v E D
Page
,SUN 2 6 1985
CITOF LA UJNTA
COMMUNITY DEVEL(SPMENT DEPT
4. In accordance with the terns 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 $ included. in $ 4 42 ,1 4-3 of Dollars
to guarantee paynent of the cost of setting monuments as stated in t42
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 de to be in accordance with
the applicable City standards, shall recamnend the acceptance of such znp
rovenents
by the City.
6. Subdivider shall ccnplete 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 of ter 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.
g. Subdivider shall .camnence the construction and installation of such
improvements within ninety (90) days from the approval of suchIIIWrowzent Plans
for Tract No. n 7 1 7 -1 by the City Engineer, and shall complete such
construction and installations within eighteen (18) months fran such date of
ccmencenent-
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 equipment 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.
10. 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
r t Plans" for Tract No. 2 0 717 -1 .
Streets asnd
sir.nz on the aforementioned Imp
12. divider shall furnish to City a security satisfactory in form a
transact
substance to the City Attorney executed by a corporation authors
zed surety business in the State of California on forms approved by the
Cigna faithful
security to be in the sum of $ 442,184.00 Dollars assure
performance of this Agreement with respect to said Private Streets, and one
security to be in the sun of $included in above 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 here n agreed to be
is have been con -
constructed by Subdivider, and deternu.ne if said Private Streets
struct d in carpliance with the standards and specifications required by City
for public . streets.
14. Subdivider shall guarantee said Private Streets for a period of oneyear
a
follow- ny the �1=letion by Sj?� vi der ; and approval by City Entineer, against
are
defective work or labor done, or defective Materials furnis �s11 repair in � r replace
- of this Subdivision Improvement Agreement by Subdivider' ands
any such defective work or materials discovered during said one year period.
15.
Subdivider shall commence the construction and installation of said
t Plans"
Private Streets within ninety (90) days from the approvalImprovemen
of such
Tract No. - by the City Engineer, and shall ccnplete such construction
for Tra 2.LL7� �, �
and installations within eighteen (18) months f ram such date of ocntrenreemenn s tPo
ro-
vided, however, that Subdivider shall have the option at i
ts sole extend the completion period described herein past the eighteen (18) nonths time
tubb-iivision ImprovemP_.nt Agreement
Page 2
gib+►: „ L ! V D
1M5
Q"�,,Thawever
period to any future date said Subdivider may select. It°i'�', that
as a condition precedent to extending the aforementioned completion period, Subdivider
shall furnish to City the securities described in Item No. 12 herein covering any
extended completion period selected by Subdivider pursuant to this paragraph. graP 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 oonpletion
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 perform any obligation hereunder,,
Subdivider authorizes City to perform such obligation sixty (60) days after mailing
w:-.:�c.en 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 frc n any losses, claims,
commands, 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 WIMESS WHERMF, the parties hereto have executed this Agreement asr of the
day and year first above written.
CITY OF LA. QUINTA ;ERIM
By:
Frank M. Usher, City ger William Bone
By:
By: f
AA
Ann Jennings, puty City Clerk
APPFOVE) Al Daie
City Enginedr
July 2, 1955
OUTSTANDING BOND REPORT
Name: Sunrise/William Bone
Tract No. 20717-1
Date of Contract: July 1, 1985
Required Bond Amounts:
$422,184.
Dates of Bond Reductions:
None
Outstanding Bonds:
Amount: Bond No.
$422,184 #3SM77614700
$ 211,092 #3SM77614700
$ 42,218 #3SM77614700-A
Date Cancelled/Released
Replaced 7/26/96
Released
Expired 6/18/97