26251 Robert & Mary Taylor 93CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS �VBDIVISION IM�ROVEME T AGREEMENT (t a "Agreement") is made and entered into this
day of , 19 , by and between Robert Taylor and Mary Kay
Taylor, Husband and Wife, hereinafter referred to as "Subdividers," and the City of La Quinta, a municipal
corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdividers have prepared and filed a final map (the "Tract Map") of a tract of land in the City of
La Quinta, County of Riverside, which tract is known as Tract No. 26251 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Subdividers have offered for dedication certain rights of way and easements within the Tract and
has prepared plans and specifications for improvements associated with the Tract (the "Improvement
Plans").
C. Prior to approval of the Tract Map, Subdividers are required to install or agree to install certain
public and private improvements.
D. The requisite improvements have not been installed and accepted at this time.
E. It is therefore necessary that Subdividers and City enter into an agreement for the installation of
the improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Revision of Plans. Subdividers shall, within thirty (30) days of City Council approval of the Tract
Map, complete final corrections and revisions to the improvement plans and submit for approval original
plans meeting the requirements of the City Engineer.
2. Improvements. Subdividers shall construct the public and private street, drainage, utility,
landscaping, and other improvements required to be constructed or agreed to be constructed under this
Agreement as listed and described in the List of Improvements attached hereto as Exhibit "A" and
incorporated herein (the "Improvements"), and shall bear the full cost thereof. The methods, standards,
specifications, sequence, and scheduling of construction shall be as approved by the City Engineer.
3. Improvement Security.
A. As a condition of City Council approval of the Tract Map, Subdividers shall have furnished
performance and payment securities to City as a guarantee of the completion of the Improvements, as set
forth in Government Code Section 66499 et sec. One class of security to be provided by Subdividers,
hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement
including payment of associated plan check and permit fees. A second class of security to be provided by
Subdividers, hereinafter referred to as "payment security," shall assure the payment of the cost of labor,
equipment and materials supplied to construct the Improvements. A third class of security to be provided
by Subdividers, hereinafter referred to as "guarantee security," shall serve as a guarantee and warranty of
the Improvements for a period of one year following the completion and acceptance of the Improvements.
B. Subject to the approval of the City Engineer, security may be furnished in the form of (1) a
deposit of cash or negotiable bonds, of the kind approved for securing deposits of public moneys with City
or in favor of City, with a responsible escrow agent or trust company, (2) bonds satisfactory in form and
substance to the City Attorney and executed by a corporation authorized to transact surety business in the
State of California, (3) an instrument of credit from an agency of the state, federal, or local government
when any agency of the state, federal, or local government provides at least twenty percent (20%) of the
financing for the Improvements to be completed, or from one or more financial institutions subject to
regulation by the state or federal government and pledging that the funds necessary to carry out the
completion of the Improvements are on deposit and guaranteed for payment, or a letter of credit issued by
such a financial institution, and/or (4) a lien upon the Tract, created by contract between City and
Subdividers, if City finds that it would not be in the public interest to require the installation of the
Improvements sooner that two (2) years after the recordation of the Tract Map. The duration of any such
bond or letter of credit shall be for a period of not less than one year from the execution of the Agreement
or such longer period for completion of the Improvements, whichever is greater; further provided that the
duration of such bond or letter of credit shall be extended to provide the performance security holdback
provided in Section 13 hereof.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. Separate
security shall be furnished for performance security and payment security. The amount of the performance
security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements,
Subdivision Improvement Agreement - Tract 26251 Page 1 of 4
including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized
representative of the City Engineer. Payment security shall equal Fifty Percent (50%) of the amount of
performance security except as otherwise set forth in Exhibit A. City shall retain Ten Percent (10%) of the
performance security for one (1) year following acceptance or approval of the Improvements to support the
guarantee of the Improvements pursuant to Section 12 hereof. As part of the obligation secured by each
of the performance security, payment security and guarantee security, and in addition to the face amount
of each such security, each such security shall include and assure the payment of costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing the
obligations thereby secured.
D. Certain Improvements required herein may be deferred for construction by others at a later
date. Deferred improvements, if any, are identified in Exhibit A.
Upon written demand from City, Subdividers shall deposit cash with City in lieu of or in replacement
of securities guaranteeing deferred improvements.
4. Permits Reauired. Prior to commencing any phase of work, Subdividers shall obtain all permits
required for that phase of work and pay all required fees. Work performed under a permit or permits shall
comply with all provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements required or
necessitates the acquisition of real property not owned by Subdividers or City, Subdividers shall use their
best efforts to purchase such real property at a reasonable price. In the event that Subdividers are
unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdividers may
request in writing that City attempt to acquire such real property. City may, but is not required to, agree
to attempt to acquire such real property on behalf of Subdividers. If City so agrees, City and Subdividers
shall enter a separate written agreement therefor in a form acceptable to the City Attorney. Such
agreement shall provide that Subdividers will advance City One Hundred Fifty Percent (150%) of the
appraised fair market value of the real property, with any unexpended funds refunded to Subdividers and
any additional funds required for City's acquisition paid by Subdividers upon the conveyance of such real
property to Subdividers. In no event shall the failure of Subdividers or City to acquire such real property
excuse, waive, or otherwise terminate Subdividers' obligation to construct the applicable Improvement
pursuant to this Agreement or the conditions to approval of the Tract Map.
6. Completion of Improvements. Subdividers shall begin construction of the Improvements within
ninety (90) days and shall complete construction within twelve (12) months after the approval of this
Agreement. Portions of the Improvements may be completed at a later date, as determined by the City
Engineer as set forth in Exhibit A.
7. Force Majeure. In the event that Subdividers are unable to perform within the time limits herein
due to strikes, act of God, or other events beyond Subdividers' control, the time limits for obligations
affected by such events will be extended by the period of such events.
8. Time Extension. Subdividers may make application in writing to the City Council for an extension
of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may
approve or deny the request or conditionally approve the extension with additions or revisions to the terms
and conditions of this Agreement.
As a condition of the time extension, Subdividers shall furnish to City securities, similar in form and
substance to those required in Article 3 hereinabove, to cover the period of extension. The value of the
securities shall be sufficient to insure the performance of and payment for improvement work that remains
incomplete at the time of the extension, and to provide guarantee security on completed improvements.
9. Survey Monuments. Before final approval of street improvements, Subdividers shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and
Section 13.20.100 of the City Subdivision Ordinance. Subdividers shall provide the City Engineer written
proof that the monuments have been set and evidence of payment and receipt thereof by the engineer or
surveyor setting of the monuments.
10. Approval of Improvements. At the completion of construction and prior to acceptance of the
improvements by the city, Subdividers shall submit a request for final approval by the city. The request
shall be accompanied by any required certifications from Subdividers' engineers or surveyors and any
required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly authorized representative will review the
construction quality documentation and will inspect the Improvements. If the Improvements are determined
to be in accordance with applicable city standards and specifications, and as provided herein, the City
Engineer shall recommend approval of private improvements and acceptance of public improvements by the
City Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdividers shall make any necessary revisions to the original plans held by City so the plans
Subdivision Improvement Agreement - Tract 26251 Page 2 of 4
depict the actual Improvements constructed. When necessary revisions have been made, each separate
sheet of the plans shall be clearly marked with the words "As -Built" or "As -Constructed," the marking shall
be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to
practice in California, and the plans resubmitted to the City Engineer.
12. Improvement Guarantee. Subdividers hereby guarantee the improvements to City for a period of
one (1) year, beginning on the date of final acceptance of all tract Improvements by the City Council,
against any defective work or labor done, or defective materials furnished, and shall repair or replace such
defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of
Section 66499.7 of the Subdivision Map Act and of Section 3 of this agreement. Prior to the release of
payment security, the City Engineer may require Subdividers to provide a title report or other evidence
sufficient to show claims of lien, if any, that may affect the amount of payment security released.
14. City Right to Cure. If Subdividers fail to perform any obligation hereunder and such obligation has
not been performed within sixty (60) days after written notice of default from City, then City may perform
the obligation, and Subdividers shall pay the entire cost of such performance by City including costs of suit
and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or
compelling public interest, as determined by the City Engineer, the requirement for written notice of default
and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall
remain in effect.
15. Indemnification. Subdividers hereby binds themselves, their officers, employees, agents,
representatives, executors, administrators, guarantors, heirs, and assigns, and agree to indemnify, defend
and hold City and its officers, employees, agents, representatives, and assigns harmless from and against
any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any
way connected with Subdividers' performance hereinunder, including costs of suit and reasonable
attorneys' fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any
provision of the Tentative Tract Map Conditions of Approval for the Tract. In the event that any
requirement or condition of this Agreement is inconsistent with provisions of the Tentative Tract Map
Conditions of Approval for the Tract, which document is incorporated herein by reference, the provisions
in the Tentative Tract Map Conditions of Approval shall prevail.
17. Severability. In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered
or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses
indicated below their respective signatures. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or
refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice
to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained
in this Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State
of California.
E. In the event of any dispute between the parties with respect to this Agreement, the
prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing
party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
Subdivision Improvement Agreement - Tract 26251 Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF LA QUINTA:
&,L
Robert L. Hunt, City Manager
ATT�' /(:;,/,
ity Clerk
SUI
By:
Title
By:
Title
Reviewed and Approved: l� �1 9:5
i ngineer Date
Approved as to Form: �
City Attorney
f?LLISY3
Date
Subdivision Improvement Agreement - Tract 26251 Page 4 of 4
Exhibit A
LIST OF IMPROVEMENTS AND SECURITY AMOUNTS
Except as otherwise provided herein, Subdividers shall furnish performance security and payment
security prior to City Council approval of the final map.
Improvements designated as "deferred" will be constructed by others at a later date as determined by
City. Security shall remain in place until such later date to guarantee Subdividers' payment for the
cost of the deferred improvements.
As elements of the work are completed, Subdividers may request a maximum of three partial releases
of performance security. Requested releases will be evaluated and may be granted, in whole or in part,
by the City Engineer. Requests for partial releases, setting forth in detail the amount of work
completed and the value thereof, shall be made in writing to the City Engineer.
Improvement Description
Performance
Payment
Grading & Fill
$16,400
$8,200
Water Services
8,400
4,200
Sanitary Sewer
9,200
4,600
Underground Electric Lines
7,000
3,500
On -site Streets
19,800
9,900
Storm Drain Facilities
33,000
16,500
Criblock Retaining Wall (w/treatment)
26,400
13,200
Three-foot Block Wall
5,200
2,600
Lighted Address Monument
2,200
1,100
Survey Monumentation
1,300
0
Totals:
$128,900
$63,800
STATE OFJ>��?fl
ss.
COUNTY OF
personally appeared
personally known to me -- OR --
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed hereinabove and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
SHIRLEY UMINNOOT
N07ARYUBuO
My ES
m ER COUNTY
3.1"7
Signature of Nolary
7CAP'Ty
CLAIMED BY SIGNER:
Individual
❑ Corporate Officer(s):
Title(s)
❑ Partner(s): ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
SIGNER IS REPRESENTING
Name of Person(s) or Entity(ies)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to another document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Documenr l bU + u!.g ton -Tn1 pcox4)e/ik-
Number of Pages
Date of Document q1rT / q b
Signer(s) Other Than Named Above:
OUTSTANDING BOND REPORT
Name: Robert & Mary Kay Taylor (originally in Landmark Land's name)
Tract No. 26251
Date . of Contract: September 7, 1993
Required Bond Amounts:
$128,900 - Performance
$ 63,800 - Payment
Dates of Bond Reductions:
Outstanding Bonds:
Amount:
$195,000
Bond No.
Cas ' rs Check
Date Cancelled/Released: