20717-4 Sunrise 86i 't
CITY OF LA QUINTA
THIS Act, � ar�d entered into this. day of .. .. �19
by and between sE IA nv�, QotV�t , utiafter referr�e to as VALMA•
ar�d CITY Of LX QUINTA , a mmcorporation of the State of Califoznia herein-
after referred to as "Cl'!'Y". •
WHERFAS, the bwbdiviaer has prepared and filed a final subdivision map of Tract
No `F in the Ci'tY Of La Quint& .sty of Rivierside, -for appro-.
val by City; and
wVERIAS, as a condition precedent to the approval of said nap by �itY• S1�bdivi-
der is required to offer for dedicatia� rinse parcels of land intended for streets
higlranys and other public use, and also to construct and install or agree to constivct
and install certain improvenw.nts on said dedicated parcels; and
WHEFtFAS, S1�bdivider, by said maP, has offered for dedicatiron to City for publirc
use certain streets and easements shown on said map; and
WWtFAS, City desires to-, acAoept the streets and easements st�o�n on said map for
public use, and certain ot]�ei such inQroManents; and
WHEFM%5, as a condition precedent to the aooeptanoe of the dedication of such streets and easanents by City: bl�bdivider is required to enter into an agrea�ent
40 With the City to oonsttvc�t certain inpnts; and
WHMW-AS,r the total cost of such inprav+ements has been estimated by the City
nr►Qineer to be a��prootimately -0- Dollars; and
Subdivider '
by said map has prc�o9ed to utilize '
for private streets, and also to parcels of land
stall ts; and
con and install or agree to cons and in
hHERFASSubdivider by said map has not offered for dedication to the City for
Public use the aforenentioned private streets; and
SAS, even though d 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 requ,ired by City for public streets; and
WHEMAS, the total cost of such i�rovements has been estimated by the City
En9" to be approximately _ $440.000.00 �u�s�
NOW -jLT1r21LtVNE8 IT IS AGREED by and between the parties hereto as follows.:
1. S1�bciivider, at his sole cost and expense, shall oonstruct and install the
street, drainage. domestic water, sanitary sewer and other inpronenents 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 easarnnts, as si�own can the
pravenent Plans for bract No. 20717=4 "; a copy of which is now on file in
the office of tt�e City Fngineer of the City iiid which is referred to and ir�oorp�m�
herein as trough set forth in full.
2 Subdivider shall furnish to City a security satisfa •
�, • , tY y ctnry in form and s,�,
W City Attorney executed by a corporation authorized to transact
the State of California � suety bus�ss in
on forms approved by the City, one ity to be in the sun
of L440,000.00 Dollars to assure the faith 1 rf •
meat and faithful ° of this Agree.
' ° ity to be in the sum of included in above Dollars
of, the cost of the labor to assure past
and materials for the inpro is required to be constructed
or installed hereby,
3. Before final appraval of the street rovem nts •
mon�.nts ?'�' ,the Subdivider well place
Y . in accordance with the provisions of the State Subdivision
and the Su�vl s ion 4r Map Act
of the City of La Quinta as shown on the Tract Ma
Try Subdivider* after setting the p
9 mono en ts, sip 11 furnish the City engineer of
the
C i t y o f L a Q u i n t a , written notice of the settingof said •
proof of having id the .en in monuments and written
• t g -engineer or surveyor for the setting of said monuments or
a s pre . i 3,-�, l or in the Subdivision N,ap Act.
In a000rdat�oe with the tes�ms of said subdivision regulation aforesaid,
the Subdivider toes hereby agree to furnish a security satisfactory in fc m and
substa we to the City ]attorney in the aaornt of $ included in $440, 000. 00 Dollars
guarantee payment of the cost of setting monuments as stAted in Item No. -9 of
this agreerent.
5. The City Engineer or his duly .authorized representative, upon written
request of Si Uvider, shall inspect the inprovements herein agreed to be eon.
structed and installed by Subdivider, and if determined to be in accordance with
the applicable City standards, shall reeanmend the noe of such inprovarents
by the City.
6. Subdivider shall ccuplete such Uprovement plans including any correcticns
and revisions thereto necessary to ooaply with the applicable City standards as
de by the City Engineer, within thirty (30) days after approval of the
final map.
7. Subdivider shall guarantee such fmpovements for a period of one year
following the ompletion by Subdivider, and acceptance by City, against any
defective work or labor.done, or defective materials furnished, in the perfanm e
of this Subdivision Improvement Agreement by Subdivider and shall repair or replace
any such defective work or materials disoovered during said one year period.
B. Subdivider shall ocitimence the construction and installatim of such
iaprovements within ninety (90) days from the approval Of such "IIQrovesnE'nt Plans"
for Tract No. 20717-4 by the City Engineer, and shall eoaplete such
construction and installations within eighteen (18) months fram such date of
t.
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 can-
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 the guarantee of
the inprovements 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 cn the aforementioned "Improvement Plans" for Tract No. 20717-4 .
12. Subdivider shall furnish to City a security satisfactory in foram 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 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 eonplianee with the standards and specifications required by City
for public. streets.
14. Subdivider shall guarantee said Private Streets for a period of one year
vicier, and approval by City Entinneer, against any
following the oortpletion by Siabdi.
defective work or labor cone, 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 "Improvenent Plans
for Tract No. 20717-4by the City Engineer, and shall conplete such oonstr ction
and installations within eighteen (18) months from such date of t; Pro-
vided, however, that Subdivider shall have the option at its sole discretion to
extend the completion period described herein past the eighteen (18) months time
,period to &r y future date said Subdivider may select. It is understood, have w, that
as a condition Firem t to exterAing the aforementioned completion period, subdivider
shall furnish to City the securities described in Item No. 12 herein cover
extended completion period selected by Subdivider pursuant to this � �y
anount of said securities to be furnished to City pursuant to this Par��• The
paragraph shall
be sufficient to insure the performance of additicnal work to catplete, after taking
into account work already performed, the afozenentiDmd Private Streets. Said
securities awotmt to insure campletion shall be deed 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 cat letiron
and approval of the work provided at Item No. 11 herein by the City Engineer,
17. Fifteen percent (15%) of the perforaunce security required by Item No. 12
herein shall be retained by the City for one (1) year to support the guarantee of the
inprowecments 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-:_ -:.men 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-
fonrance of such obligations, including costs of suit and reasonable atom'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,
, actions or causes of action of any nature whatsoever, arising out of or in
any way conrected with the imnprovements agreed to be constructed and installed
hereunder by the Subdivider, including costs of suit and reasonable attorney's fees.
IN WmMS WHERDOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF LA. QUINTA
Frank M. ustws, city Manager
rvIjr)j-7, � �.
19 -WA ?.1.��
SUNRISE LA QUIRM COMPANY,
a 1d partnership
st�nivmE� mi it�e: NATIONAL rDRrGAM & LAND
COMPANY, Wifornia corporation, general
-� partner
'' �-,,� K-
.:F��
Phillip K. SnitJ/, Jr. , Executive ,-Tvil'Pres.
By:
APPFMM �--0— Date
City Engineer
OUTSTANDING BOND REPORT
Name: Sunrise Company
Tract No. 20717-4
Date of Contract: January, 1986
Required Bond Amounts:.
$440,000.
Dates of Bond Reductions:
Outstanding Bonds:
Amount: Bond No.
Date Cancelled/Released:
$440,000 Great Western-LOC Released 4/7/97