30147 One Eleven La QuintaCITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
Parcel Map 30147
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
12 -ti day of .�'e.�Gr 6ae- , 20
by and between One -Eleven La Quinta Center, hereinafter referred to as "Subdivider," and the City of La Quinta,
a municipal corporation of the State of California, hereinafter referred to as "City."
RFCITAI S-
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 30147 (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.
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4. 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.
5. 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
herein under, including costs of suit and reasonable attorneys' fees.
6. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision
of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with
or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated
herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.
7. 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.
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
hereon. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
O -Z—
Thhomas P. Genovese, City Manager r Date
ATTEST:
7ity Clerk
SUBDIVIDER: One -Eleven La Quinta, LLC
46-753 Adams Street
La Quinta, CA 92253
(760)771-3345 Attn: Michael Shovlin
— � Date
Title: �` ��,--t•-f `` �-'
By: Date
Title:
Reviewed and Approved:
it Engineerj Date
Approved as to Form:
i y A to ey Date
T:\PWDEPT\STAFF\Monz\PM 30147 SIA.wpd Page 3 of 3
Exhibit A
SECURITY - PARCEL MAP 30147
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 $3,000
Total: $3,000
ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of
Riverside
Oil September 05, 2002
)oArl:)
personally appeared Michael
SS.
before me, Lisa M. Webb
r�o'InRY)
J. Shovlin
SI(iKI[R)S)
,)(personally known to me - OR -
LISA M. WEBB
Comm, # 1224609 rn
PIOTARY PUBLIC CALIFORNIA V'
Riverside County
Ny Comm. Expires June 15, 2003
proved to me on the basis of satisfactory
e ' erice to be the persons) whos�me(s)
is/are . scribed to the n instrument and
acknowledg to m at he/she/they executed
the same i s/her/their authorized
capacity(] s), and at by his/her/their
signatu - s(s) on the instru ent the person(s),
or t entity upon behalf which the
person(s) acted, executed the instrument.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of' this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER
FFrLF(S)
PARTNER(S)
ATTORNEY IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
❑
OTHER:
SIGNER IS REPRESENTING:
NAM Of; PI:RSON(S) OR I:N"F JTY(II[S)
Subdivision Improvement Agreement
Parcel Map 30147
TITLE OR TYPE OF DOCUMENT
Three
NUMBER OF PAGES
September 05, 2002
DATE OF DOCUMENT
OTHF'R
r
RIGHT THUMBPRINT
a
OF E
SIGNER o
a
0
APA 5/99 VALLEY -SIERRA, 8(H)-362-3369
OUTSTANDING BOND REPORT
Name: One Eleven La Quinta Center
Parcel Map No. 30147
Date of Contract: September 17, 2002
Required Bond Amounts:
Monumentation $3,000
Dates of Bond Reductions:
Outstanding Bonds and Bond Company: None
Amount: Bond No. Date Cancelled/Released:
$3,000 Check #1379
(Deposited in Finance
9/26/02)
...+.. 1 1111CJ UCVCLUh'iWir-N1 1379
CITY OF LA QUINTA, DATE: 09/05/02 CHECK # 1379
REFERENCE:
AMOUNT: 3000.00
17/
/ 7/0�� 6
it i Cv--L'f��
LA QUINTA, CA 92253
PH. (760) 771-3345
Three Thousand & 00/100 Dollars
CITY OF LA QUINTA
P.O. BOX 1504
LA QUINTA, CA 92253
II'OO L 3? 9e 11: 3 2 2 2 ?0 4 9 51:
DATE
09/05/02
90-7049-3222
1 .i / y
0
AIAOUNT
$ ... 3,000.00
VOID AFTER 90 DAYS
?3nL00 SII' 94ilo
RECEIPT City of La Quinta, 78-495 Calle Tampico, P. O. Box 1504, La Quinta CA 92253
DATE
c} - 20 ` t� J
RECEIVED FROM Jl c j J pya�� J- k- YiL_
ADDRESS
DOLLARS $
FOR /1
i
ACCOUNT HOW PAIDAMT. OF
ACCOUNT CASH
AMT. PAID CHECK
ALANC -MONEY BY
DUE ORDER