27031-1 George Marzicola 92CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
5'E-'6 day of D7 P,C_V-e,-).61e,- , 19 , by and between E. George Marzicola as
Trustee of Emidio I Trust; E. George Marzicola as Trustee of Verdi I Trust; E. George Marzicola as Trustee
of Valentino I Trust; James J. Caron and Marguerite D. Caron, Trustee of the Caron Family Trust of
November 2, 1987; Thomas L. Ferro and Leona G. Ferro, Husband and Wife as Joint Tenants; Margaret
M. Grande; Jamie L. Davidson as Trustee of the Edward A. Melikian Living Trust; Jamie L. Davidson as
Trustee of the Ralph Melikian Testamentary Trust; Raymond Melikian; Normart Family Trust; and Donald
W. Bauman and Kay M. Bauman, Trustees of the Donald W. Bauman and Kay M. Bauman Family Trust
U/D/T dated September 27, 1991, hereinafter referred to as "Subdivider," and the City of La Quinta, a
municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has 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. 27031-1 (the "Tract") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Subdivider has 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, Subdivider is 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 Subdivider 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. Subdivider 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. Subdivider 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, Subdivider 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 Subdivider,
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
Subdivider, 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 Subdivider, 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
Subdivider, 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
Subdivision Improvement Agreement - Tract 27031-1 Page 1 of 4
specifications, and as provided herein, the City Engineer shall recommend approval of private improvements
and acceptance of public improvements by City.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City
Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans
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. Subdivider hereby guarantees the improvements to City for a period of
one (1) year, beginning on the date of final acceptance of the 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 Subdivider 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 Subdivider fails 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 Subdivider 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. Subdivider hereby binds itself, its officers, employees, agents, representatives,
executors, administrators, guarantors, heirs, and assigns, and agrees 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 Subdivider's 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 27031-1 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:
Tom Genovese
Acting City Manager
AT T S
ty Clerk
SU VIDER: ` , �� ADDRESS:
By:
By.
J,Amie L. Davidson, Trustee of the e I is estamentary Trust
Title: Administrative Representati� 1
GeorgeE. a Ico a, rustee o m1 1 rust
Title: Admini rativRepresentative
For Subdivider:
4344 W. Shaw Ave. Suite 100
Fresno, CA 93711
P.O. Box 2002
Palm Desert, CA 92281
t'
•
•
r
On this day of 19 , before me, the undersigned, a Notary Public
for the State of California, did personally appear:
and
as ,
as ,
representing
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed hereinabove.
Seal of Notary
Signature of Notary
Print Name
Reviewed and Approved: ZL? 493
City E inee Date
Subdivision Improvement Agreement - Tract 27031-1 Page 4 of 4
4 SENT BY!Kareu TeleeepiAr 7020 ; 1-14-92 :14:41,4M ; 5645617-4 19096837311--801:!! 2
Exhibit A (Rev. 1)
List of Improvements, Reimbursements and Security Amounts
Subdivider shall furnish required performance security and labor and materials security prior to
recordation of the final map.
Reimbursement amounts shall be paid the applicable party prior to issuance of a Certificate of
Occupancy for any building constructed on Tract 27031-1. If payments are to be made to parties
other than City, Subdivider shall furnish evidence of those payments prior to issuance of a Certificate
of Occupancy.
As elements of the work are completed, Subdivider 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
Share of Traffic Signals at
Washington/Hwy 111
Share of Traffic Signals
at 47th. and Washington
Share of Traffic Signals
at Simon/Hwy 111
Street Improvements to
North Side of Avenue 47
Total Reimbursements:
Amollat. Party to he„ Rwtul sad
$25,000 City of La Quinta
22,250 City of La Ouiinta
29,500 La Ouinta Redevelopment Agency
88.993 A, G. Spanos Construction
$165,743
la3orQvement Drmcftio0
Performance Labor
& Materiel$
Grading & Erosion Control
240,098 t
120,049 ✓
Water Transmission
- 64,071
- 32,036
Sanitary Sewer
- 16,170v
8,085,v
Underground Electric Lines
336,525w'
- 168,262✓
On -site Streets, Sidewalks and Appurtenances
— 218,128'
109,084 ✓
Off -site Streets, Sidewalks and Appurtenances
- 220,185
- 110,092
Drainage teach Field
2,625
1,313 4-1
Landscaping, Irrigation & Walla
- 705,810
,- 352,905
Survey Monumentation
Total Security:
$1,806,612
$901,806
Approval of Revision 1 to Exhibit A: Jamie L. Davidson
E. George Marzicola --
1 The city holds a previous grading performance bond in the amount of
$64,527.33 which was required for issuance of
a grading permit for this project. That bond satisfies a portion of the subdivision grading
performance security
rand';r&eNaM 4 wM wJ A 4 V t C `!A 0'11 ! . . .. .1• . . .... . .
. . . - . _ . .
To ' d osa I f1HQ Noinois of 0 I NUIN0 63HOld I H W08J ZZ :
LT 266Z-VT-Ndt'
►TTORNEY-1
LEDGMENT
State of
California On this the 9th day of December 1992
'
+ SS. before me, the undersigned Notary Public, personally appeared
County of Riverside E . George Marz icola (name of attorney in fact),
p personally known to me
[j proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
OFFIC:^ for Subdivider
in fact �f (name of
D E B B person not appearing before Notary), the principal, and acknowledged to me
1 • NOTARY ,NIA
f31 r that he (he/she) subscribed the principal's name thereto and
My Comr., _ z, his (his/her) own name as attorney in fact.
OFFICIAL Sz_
WITNESS my hand and official seal.
DEBBIE THUIC.. ( e
MY PUBLIC -CAL;D
NVE WDE COUNTY Notary's Signature
ted below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIACATE Titleloryp:e of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
a NATIONAL NOTARY ASSOCIATION • 8236 Parfet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184
r
It
STATE OF CALIFORNIA )
) SS.
COUNTY OF RIVERSIDE )
On December 9, 1992, before me, the undersigned, a Notary
Public in and for said State, personally appeared E. George
Marzicola, Trustee of the Emidio I Trust as Administrative
Representative, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
MWaME THUESON Notary Public in and for said State
MI/ �10 • CALM�OIrwA
QMMV V
M► cam. �� �► R t�
►TTORNlY-1_N-FACT ACKNOWLEDGMENT
State of California
SS.
County of Riverside
Gow
JL+'tICIaT. SE.-
�ED=THUEV
J
�OT�rPLIM - CAUFC.
E COUNTY
JW May 2, 1 c.
1 p_
OFFICIAL SEAL
t
DEBBIE THUESON
�� •
NOTARY PUf le - CAUFORNIA
MUMM
December 92
On this the 9 th day of 19
before me, the undersigned Notary Public, personally appeared
Jamie L. Davidson (name of attorney in fact),
p personally known to me
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact oy. for Subdivider (name of
person not appearing before Notary), the principal, and acknowledged to me
that he (he/she) subscribed the principal's name thereto and
his (his/her) own name as attorney in fact.
WITNESS my hand and official seal.
AIVERSIOE , v�
My Comm. EMM'« MW 2.1905
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
Title or Type of Document
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Number of Pages
Signer(s) Other Than Named Above
Date of Document
p NATIONAL NOTARY ASSOCIATION - 8M6 Re=*t Ave. -P.O. Box 7184 - Canoga Perk, CA 91304-71 ;
It
STATE OF CALIFORNIA )
SS.
COUNTY OF RIVERSIDE )
On December 9, 19921 before me, the undersigned, a Notary
Public in and for said State, personally` appeared Jamie L.
Davidson, Trustee of the Ralph Melikian Testamentary Trust as
Administrative Representative, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged me
that he executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
MbMA
MEBTi AM Notary Public in and for said State
PWM WIN 1 Lill F, 00
OUTSTANDING BOND REPORT
Name: George Marzicola (other Trust parties also involved)
Tract No. 27031-1
Date of Contract: December 15, 1992
Required Bond Amounts:
$1,806,612 -
$ 901,806
Performance
Labor & Materials
Dates of Bond Reductions:
Bond No.
59 SB 100789255 BCA
59 SB 100789252 BCA
59 SB 100789253 BCA
59 SB 100789254 BCA
59 SB 100789256 BCA
59 SB 100788251 BCA
Check dated 12/18/92
9264311 Released 1 /9/95