21381-3 Sunrise LQ 86CITY OF LA QUINTA
THIS AROMU, made and entered into this. --�= day of 8 6
by and between SUNRISE LA QUINTA COMPANY 19
and CITY OF LA QUINTA , a Mnic 1 eo • , �inaf ter referred , to as S DIymm" f
ipa rporation of the State of California �_
after referred to as "CITY" . •
wiirMssErtt:
the Subdivider has prepared and filed a final subdivision map of Tract
Cat 1- 3 in the C i'ty 0 f L a Q u i n t a. COmty of Riverside, for appro-
val
y
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 mprovements on said dedicated parcels; and
WHEMAISs, Subdivider, by said map, has offered for dedication to City for public
certain ertain streets and easements shown on said map; and
WHMW..AS, City desires to -accept the streets and easements shown on said map for
public use, and certain other such inw veements; and
M5, 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
the total cost of such i�ravements has been estimated by the City
Engineer to be approximately Dollars; and
WERMS, Subdivider by said map has proposed to utilize certain parcels of for private streets, and also to construct and install or agree to construct and inn -
stall certain improvements; and
MMWAS, Subdivider by said map has not offered for dedication to the City for
Public use the aforementioned private streets; and
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
MWEAS, the total cost of such improvements has been estimated by the City
Engineer to be approximately $ 4 9 4, 4 5 0. 0 0 Dollars;
NOW ARE, IT IS AGFEm 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 smap and acceptance 2 f 3 b, streets and easements, as shown on the "In -
P for , Tract No. 3 ". 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 sec.:rit,,r sat, 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 sure
of $ 4 9 4 , 4 5 0.0 0 Dollars to assure the faithful performance of this Agri
meet, and one security to be in the sum of included in above Dollars 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 inproveme..nts, 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 La Quinta as shown 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
proot of riving paid the engineer or surveyor for the setting of said monuments, or
as prc ,:ded for in the Subdivision Map Act.
Stildi-Anion UproVenmt Agreement
Page k
4. Inaccordance 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 S included in $ 4'9 4 , 4 5 0 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 impromrent s herein agreed to be con-
stzl=ted and installed by Subdivider , and if de to be in a000rdanoe with
the applicable City standards, shall re AAtat d the acceptance of such inputs
by the City.
6. Subdivider shall complete such improvement plans including any corrections
and revisions thereto necessary to comply with the applicable City andards as
de by the City Engineer, within thirty (30) days after approval of the
final map.
7. Subdivider shall guarantee such '=provenents for a period of one year
following the cmpletion by Subdivider, and acceptance by City, against any
defective work or labor done, or defective materials furnished, in the perforiaance
of this Subdivision Improvement AgZeement by Subdivider and shall repair or replace
any such defective work or materials discovered during said one year period.
S. Subdivider shall commence the construction and installation of such
unpowl within ninety (90) days from the approval of such "Improvement Plans"
for Tract No. 213 81- 3 by the City Engineer, and shall ooctplete such
construction and installations within eighteen (18) months from 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 cocm-
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 snail be retained by t':e City for one (1) year to support the guarantee of
the iTqzovements 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 "Improvemmt. Plans" for Tract No. 213.81- 3 .
12. Subdivider shall furnish to City a security satisfactory in foam 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 $ 4 9 4, 4 5 0. 0 0 Dollars t0 assure the faithful
perforawioe of this Agreement with respect to said Private Streets, and one
security to be in the sum of $ included in.above Dollars to assure payment of
the cost of labor and materials for the Private Streets required to be o d
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 fran the approval of such "Dprovement Plans"
for Tract No. 21381-3 by the City Engineer, and shall conplete such construction
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 ompletion period described herein past the eighteen (18) months time
Subdivision Inprorvonent Agreement
Pam 2
period to any future date said Subdivider may select. It is understood that
as a oonditioci precedent to the afarementior*d completion period, Subdivider
shalI furnish to City the securities described in Item No. 12 herein covering any
extended, completion period selected by Subdivider pursuant to this paragraph. The
amotmt of said securities to be furnished to City pursuant to this paragraph shall
be sufficient to insure the performance of additiona -1 work to c�onplete, after taking
into account work already performed, the aforennntioned Private Streets. Said
sec, -unties amount to insure cat I tson shall be de by City' s engineer.
16. The labor and material security required herein at Item No. * 12 shall be
retained to secure Payment to the oon ractor, his subooantractors, and to persons
renting ment or furnishing labor or materials for six (6) months after C rr,jetim
and 1 of the work provided at Item No. 11 herein by the City Engfveer.
17. Fifteen Fit (15$) of the performance security requ3,red by Item No. 12
herein shall be retained by the City for one (1) year to support the guarantee of the
Inprovesnents by the Subdivider as required by Item No. 15 herein.
18. In the event that Subdivider fails to perform any obligation heretiax3er,
Ste• 'eider authorizes City to perform such obligation sixty (60) days after mailing
wr r en Notice of Default to Subdivides 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 iyerewnder,
wider agrees to pay all costs and expenses incurred by City in securing per -
of such obligations, including costs of suit and reasonable attorney' s
fees. In the event that Subdivider is unable to perform within the tame limits herein
due to causes beyond his control, such as strikes, acts of God, etc., all time limits
wM be 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,
descends, 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 i,nstal,led
hereunder by the Subdivider, including costs of suit and reasonable attorneys fees.
IN Of', the parties hereto have executed this Agreewmt as of the
clay and year first above written.
SUNRISE LA QUINTA COMPANY,
A Limited Partnership
By NATIONAL MORTGAGE & LAND CO.,
CITY OF LA. QU I NTA A California Corporation,
General' ' Partner
Sy By:ILe t__L� _,_%� -
.
Ronald Kiedrowski, City Manager Phillip KV Smith, Jr.
Executive Vice President
By:
AT21W:
�vi� AMrPpnwm ��i ���� Hate_
City Engineer
OUTSTANDING BOND REPORT
Name: Sunrise La Quinta
Tract No. 21381-3
Date of Contract: August 5, 1986
Required Bond Amounts:
$494,450
Dates of Bond Reductions:
September, 1990 - reduced to $30,000
Outstanding Bonds:
Amount: Bond No.
$494,450 Great Western-LOC
$ 30,000 #3SM77614900
$ 15,000 #3SM77614900
$ 29,540 #3SM77614900-A
Date Cancelled/Released:
Cancelled May, 1988
Replaced 7/26/96
Released 4/7/97
Expired 4/7/97