20717-3 Sunrise LQ 86CITY OF LA QUINTA
THIS AMEMM, made and entered into this. day of /
.
��r,
by and between SUNRISE LA QUINTA COMPANY here AI,
referred to as " —'19 ie
uWteBDN
and CITY OF LA QUINTA , � as municipal corporation of the State of erein
after referred to as
CITY . California,• �-
•
WHUWS, the Subdivider has prepared and filed a final subdivision map of Tract
2 0 717 - 3 in the C i ty 0 f L a Q u i n t a. County of Riverside - for
val City; an arr--
WFiEFiF.AS, as a condition precedent to the approval of said map by City, S, iivi-
deis required to offer for dedication those parcels of land intended for streets
9�Y other public use, and also to construct and install or a '
and install certain inprovemeszts on said dedicated parcels; and ` to construct
WHW.AS, Subdivider, by said map, has offered for dedication to City for lac
use certain streets and easements shown on said map; and Pub
WHEREAS, City desires to'accept the streets and easements shown on said for
public use, and certain other such inputs; and map
WAS, as a condition precedent to the acceptance of the dedication of such
streettseand easements by City; Subdivider is required to enter into an at
tY to certainproNements; and 9x'n
the total cost of such improvements has been estimated
Engineer to be approximately _0_ by the City
Dollars; and
WI WAS, Subdivider by said map has proposed to utilize certain parcels
for private streets, and also to eonstr�ct and install or agree to strut of land
stall certain improvements; and
and
WHEREAS, Subdivider by said map has not offered for dedication to the City for
public use the aforementioned private streets; and
MMM,p even though said private streets shall not be dedicated to Ca 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
Engineer to betapproximately total eost of such improvements has been estimated by the City
- $1462,550,04 Dollars;
NCXq IT IS AGREED 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 inprovents required to
be constructed or agreed to be constructed as a condition precedent to the approval
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of said final map and acceptanCe of such streets and easements, as shown on the
P t Plans for Tract No. 2 0 717 - 3 ?nt-
the office of the City �gineer of the Cityand �c� , of which is now on file in
herein as though set forth in fail... is referred to and incorporated
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 sin
of $1, 2 6 2 , 5 5 0.0 0 Dollars to assure the faithful performance of this Agree-
ment, and one security to be in the sutra of included in abov�llarrs to assure t
of the cost of the labor and materials for the rovements r PaY�n
or installed hereby. 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 vision Ordinance of the City of La Quinta as sip on the Tract Map.
The Subdivider, after setting the nnrnrents, shall furnish the City Engineer of
the City of La Q u i n t a . , written notiCe of the setting of said monuments and written
P=OOt of raving paid the .engineer or Surveyor for the setting of said monuments, or
as provided for in the Subdivision N,ap Act.
Sibdi vision Improvement Agent
4. In accordance with the ternts of said subdivision regulation aforesaid,
the Subdivider does hereby agree to furnish a security y ansatisfactor�► in form and
aubstan�oe to the CityAttorney in the ount.of $included in $1,262,550.00 Dollars
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 inprovements herein agreed to be con-
structed and installed by Subdivider, and if determined to be in accordance with
the applicable City standards, shall reoamend the aveaptanoe of such improvements
by the City.
6. Subdivider shall complete such improvOTent plans including any corrections
and revisions thereto necessary to coi ply with the applicable City stA*da*ds as
de by the City Engineer, within thirty (30) days after approval of the
f fnal map.
7. Subdivider shall guarantee such improvemennts for a period of one year
following the completion by Subdivider, and aceeptanoe by City, against any
defective work or labor cone, or defective materials furnished, in the perfornanoe
of this Subdivision Improvement Agreene'nt by Subdivider and shall repair or replaoe
any such defective work or materials discovered during said om year period.
8. Subdivider shall commence the construction and installation of such
improvements within ninety (90) days fran the approval of such "Improvement Plans"
for Tract No. 2 0 717 - 3 by the City Engineer, and shall coaplete such
amstruction and installations within eighteen (18) months from such date of
CcIrt .
9. The labor and material security required herein at Item No. 2 shall be
retained to secure payment to the Contractor, his suboontractors, and to persons
renting equipc�nent 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.
lo. 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 inprovenmts 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 "Inprovement Plans" for Tract No. 2 0 717 - 3 .
12. Subdivider shall furnish to City a security satisfactory in foaa 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 $ 1, 2 6 2 , 5 5 0.0 0 Dollars to assure the faithful
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 herein agreed to be
constructed by Subdivider, and determine if said Private Streets have been con-
structed in c1.i.ance 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 performnce
of this Subdivision provemP..nt Agreement by Subdivider and shall repair or replaoe
In
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. 2 n 71 7 - L by the City Engineer, and shall ear plete such construction
and installations within eighteen (18) months from such date of camencementoo pro-
vided, hm ever, that Subdivider shall have the option at its sole discretion to
extend the completion period described herein past the eighteen (18) months time
#�jubdiv_ision Improvement Agreement
.Pages 2
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 to 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 anplete, after
into a=mnt 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
rtained to.secure payment to the contractor, his subcontractors, and to perms
renting t or furnishing labor or materials for six (6) months after ooapletion
and approval of the work provided at Item No. 11 herein by the City Engineer.
17. Fifteen percent (15%) of the performance securityrequired
herein shall be retained ��� by Item No. 12
improv+est�ents by the Subdivider Sli' for one (1) year to support the guarantee of the
required by Item No. 15 herein.
18. In the event that Subdivider fails to perform any obligation hereunder
S•.:bciivider authorizes City to perform such obligation sixty (60) days after mailing
%,.: glen 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.
and20. Subdivider hereby binds itself, its executors, administrators and assi
and agrees
eacto in�ify, fend and hold the City harmless from any losses, claims67 , •
bons 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
clay and year f irst above written.
CITY OF LA. QUINTA
Frank M. Usher, City Manager
By: .
Ann Jenning ,Deputy City Clerk
• SUNRISE LA QUINTA COMPANY,
a limited partnership,
By: NATIONAL MORTGAGE & LAND
SUBDIVIDER COMPANY, a California
corporation, general
partner
By. / 1
Phillip K.USmith, Jr.,
Executive Vice President
By:
APPR)VM Date
City Engineer
OUTSTANDING BOND REPORT
Name: Sunrise Co./Sunrise Desert Partners
Tract No. 20717-3
Date of Contract: April 1, 1986
Required Bond Amounts:
$1,262,550.
Dates of Bond Reductions:
June, 1990 - reduced to $200,000
Outstanding Bonds:
Amount:
Bond No.
Date Cancelled/Released:
$1,262,550.
Great Western-LOC
Canceled December, 1988
$1,262,550.
Great Western-LOC
Canceled July, 1989
$ 200,000.
SPNC-LOC
No Cancellation Letter
$ 200,000.
#3SM77615400
Released 6/26/96
$ 100,000.
#3SM77615400
Released 6/26/96
$ 51,326.
#3SM77615400-A
Expired 4/17/97