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28617 Agiotage Limited 02CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT Parcel Map 28617 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this day of AAA Y , 20 DZ , by and between Agiotage LTD, a British Virgin Islands Limited Company 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 or parcel map (the "Map') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map 28617 (the 'Tract') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act'). B. Within one year of the recordation of the Map, the Subdivider is required set survey monuments as shown on the recorded map. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: Monumentation Security. A. Monumentation security shall conform with Section 66499 of the California Government Code and one of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. B. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of the furnishing and installing the monuments. C. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. D. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2. Survey Monuments. The Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 3. Release of Security. City shall retain and release securities in accordance with the provisions of Section 1 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. T:\PWDEPT\STAFF\Schulze\Parcel Maps\Pm28617\28617 SIA.wpd Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Date ATTEST: SUBDIVIDER: By: Date Title. By: Date Title: Reviewed and .A Approved as to City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Agiotage LTD. A British Virgin Islands Limited Company (760)320-9811 Attn: Bob Mainiero S /*9 2, Date Date TAMDEPT\STAMSchulze\Parcel Maps\Pm28617\28617 SIA.wpd Page 3 of 3 Exhibit A SECURITY - TRACT 28617 Except as otherwise provided herein, Subdivider shall furnish performance security prior to agendization of the Map for approval by the City Council. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. Improvement Description Performance Monumentation $8,000 Total: $8,000 O O r— N O cc LU _Z Q ^ N zcli cOX ��g.m W=a O a FBI Oa ` � C] a0 _.ua.rs Aso snasw.s. sxmsoo 1t rn ■ ru ru ru