21555-3 Barcon Dev 89CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of March,
1989, by and between BarCon Development ** , hereinafter
referred to as "SUBDIVIDER", AND CITY.OF LA QUINTA, a municipal
corporation of the State of California, hereinafter referred to as
"CITY". ** a California Limited Partnership
, on behalf of ParcLaQuinta,
a California Joint Venture
WITNESSETH:
WHEREAS, the Subdivider has prepared and.filed a final subdivision
map of Tract No. 21555-3 in the City of La Quinta, County of Riverside,
for approval by the City; and
WHEREAS, as a condition precedent to the approval of said map
by City, Subdivider is required to offer dedication of 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 of said dedicated parcels; and
WHEREAS, Subdivider, by said map, has offered for dedication to
CITY for public use certain streets and easements shown on said map;
and
WHEREAS, City desires to accept the streets and easements shown
on said map for public use, and certain other such improvements; and
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 agreement with the City to construct
certain improvements; and
WHEREAS, the total cost of such improvements has been estimated
by the City Engineer to be approximately $102,240.00 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 construct and install certain improvements; and
WHEREAS, Subdivider, by said map, has not offered for dedication
to the City for public use the aforementioned private streets; and
WHEREAS, 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
WHEREAS, the total cost of such improvements has been estimated
by the City Engineer to be approximately $ 57,232.00 Dollars;
NOW, THEREFORE, IT IS AGREED by and between the parties thereto
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 "Improvement Plans for
Tract No. 21555-3 ; 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; except as hereinafter specifically
setforth in a&d EXHIBIT 'B' CITY
PARTICIPATION IN SAGEBRUSH AVENUE to this SUBDIVISION IMPR VEMENT
AGREEMENT.
2. Subdivider shall furnish to City a security sati actory 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 $209,404.00
Dollars to assure the faithful performance of this Agreement, and one
security to be in the sum of $104,702.00 Dollars to assure payment of
the cost of the labor and materials for the improvements required to be
constructed or installed hereby.
Subdivision Improvement Agreement
Page 2
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 La Quinta as shown on the Tract Map.
The Subdivider, after setting the monuments, shall furnish the
City Engineer of the City of La Quinta, 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 provided for in the
Subdivision Map Act.
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 $ 3,200.00 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 constructed and installed by Subdivider, and if
determined to be in accordance with the applicable city standards,
shall recommend the acceptance of such improvements by the City.
6. Subdivider shall complete such improvement plans including
any corrections or revisions thereto necessary to comply with the
applicable City standards as determined by the City Engineer, within
thirty (30) days after approval of the final map.
7. Subdivider hereby guarantees 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 orreplace any such defective
work or materials subsequently discovered.
8. Subdivider shall commence the construction and installation
of such improvements within ninety (90) days from the approval of
such "Improvement Plans" for Tract No. 21555-3 by the City Engineer,
and shall complete such construction and installations within
eighteen (18) months from such date of commencement.
9. The labor and material security required herein -at 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.
10. Ten percent (10%) 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. 21555-3 .
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 $ 159,472.00
Dollars to assure the faithful performance of this Agreement with respect
to said Public and Private Streets, and one security to be in the sum
of $ 79,736.00 Dollars to assure payment of the cost of labor and
materials for the Public and Private Streets required to be constructed
hereby.
iorm and s to the City Attorney, o e in the sum
f $ 39,000.00 Dollars pa emend of the City for the cost of,
future street impro be constru he City on an as needed
basis to b ermined by the City and as shown on t e ed Exhibit 'A'
Subdivision Improvement Agreement
Page 3
14. The City Engineer or his duly authorized representative, upon
written request of Subdivider, shall inspect the Streets herein agreed to
be constructed by Subdivider, and determine if said Streets have been
constructed in compliance with the standards and specifications required
by City for public streets.
15. Subdivider hereby guarantees said Public and Private Streets for
a period of one year following the completion by Subdivider, and
approval by City Engineer, 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 subsequently discovered.
16. Subdivider shall commence the construction and installation
of said Public and Private Streets within ninety (90) days from the
approval of such "Improvement Plans" for Tract No. 21555-3 by the City
Engineer, and shall complete such construction and installations
within eighteen (18) months from such date of commencement; provided,
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 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 the City
the securities described in Item No. 12 herein covering any extended
completion period selected by Subdivider pursuant to this paragraph. The
mount 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.
17. The labor and material security required herein at Item No.
12 shall be retained to secure payment to the constractor, his
subcontractors, and to persons renting equipment or furnishing labor
or materials for six (6) months after completion and approval of the
work provided at Item No. 11 herein by the City Engineer.
18. Ten percent (10%) 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.
19. In the event that Subdivider fails to perform any obligation
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.
20. In the event that Subdivider fails to perform any obligation
hereunder, Subdivider agrees to pay all costs and expenses incurred
by City in securing performance 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.
21. Subdivider hereby binds itself, its executors, administrators
and assigns, and agrees.to indemnify, defend and hold the City
harmless for 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 written above.
CITY OF LA QUINTA
By• 0
Ronald L. Kiedrowski
City Manager
ATTEST:
By
City C e
SUBDIVIDER:
By: BARCON
By: \
a
By: --A
a general partner
ifornia Limited Partnership
Subscribed and Sworn to before me
this day of
19 .
Seal of Notary
REVIEWED AND APPROVED --��--
ineer
Date
IMPROVMENT AGREEMENT
ENT
215 5 — 3-----
The construction of —the —raised curbed and landscaped median
a-lQng Washington S reet fromAvenue to northerl undary
No. 21555 is deferred at this time for futur onstruc i n
by the Cit Oman as needed basis to be determine y the City. The
Subdivider shall bear. fifty (50%) percent of e cost of the median
construction including i�identals.
The Subdivider' s estimated., -share `af-_the median construction cost
including incidentals is ,000.00 payable Egon demand to the City
for construction purp s.-The Subdivider's cost be based on
actual construct * ost plus incidentals not to exceed-_39,000.00.
Following co m etion of construction of the median, and 9-9-in event
th t the divider's deposit exceeds fifty (5 0 %) percent of the 1
cons c c s fh �baTance
Sub ivider. e
EXHIBIT 'B'
TO
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT NO. 21555-3
CITY PARTICIPATION IN SAGEBRUSH AVENUE
The Subdivider shall construct Sagebrush Avenue in accordance with
the "Improvement Plans for Tract No. 21555-3" as approved by the City
Engineer and in accordance with the provisions of this Subdivision
Improvement Agreement.
The City will share in the cost of the construction of the
southerly eight (81) feet of the Sagebrush Avenue improvements as
hereinafter set forth:
Vars
Subdivider's Cost
Vars 32' to 28'
SAGEBRUSH AVENUE
TYPICAL SECTION
(Looking East) -
City I s Cost
8' 6' Vars
Drive Replace
Approachl Driveway
COST PARTICIPATION BASED ON AGREED UNIT PRICES:
Barcon.
Item Unit Price Qty Total
1. Remove AC Pavement $5000sf is $5000.00
2. Excavation and Grading
3. 3" AC - 4" C1 II AB
4. 6" Curb & Gutter
5. Cross Gutter/spandrel
$11500 L.S. 80% $9200.00
City of
La Quinta
Qty T_
-0- -0-
20% $2300.00
$ 0.95/sf 34580 $32851.00 7880 $7486.00
$ 7.10/lf 1200 $8520.00
$ 3.00/sf 1200 $3600.00
6. Remove & Reconstruct $ 2.80/sf -0- -0-
Driveway
7. Construct Driveway $ 597.00ea -0- -0-
Approach
ESTIMATED CONSTRUCTION COSTS: $59,171.00
CITY'S PARTICIPATION:
1320 $9372.00
-0- -0-
1000 $2800.00
4 $2388.00
$24,3.46.00
City Construction Cost: $24,346.00
Plus Construction Engineering (not to exceed 2.5%) 609.00
TOTAL CITY PARTICIPATION = $24,955000
The Subdivider shall construct all improvements required herein.
The City will reimburse the Subdivider for City's share of the costs
following satisfactory completion of the work and acceptance of the
improvements by the City. Reimbursement to the Subdivider shall be based
on actual construction quanitities payable at agreed unit prices shown
above as determined by the City Engineer.
The City's participation is specifically limited to those items shown above.
The Subdivider shall bear all other costs related to improvements and no
additional reimbursement shall be made therefor.
OUTSTANDING BOND REPORT
Name: Barcon Development
Tract No. 21555-3
Date of Contract: March 22, 1989
Required Bond Amounts:
$ 209,404
$104, 702
$ 3,200.
$159,472
$ 79,736
Dates of Bond Reductions:
June, 1991 - reduced to $20,940 + Payment bonding
Outstanding Bonds:
Amount:
Bond No.
$209,404
#977111S
$104,702
#977111S
$ 3,200
#977114S
$125,000
#223552S
(all phases)
$ 62,500
#223552S
(all phases)
$101,910
#970225S
(all phases)
$ 25,000
#223551 S
(all phases)
$ 25,000
#223551 S
(all phases)
$ 1,000
#970230S
(all phases)
Date Cancelled/Released:
Released July,
1991
Released July,
1991
Released July,
1991