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2003 - 30834 Toll Brothers (Prev. Madison Estates LLC) - SIA On-Site & Off-Site CLOSEDCONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING: October 4, 2016 STAFF REPORT AGENDA TITLE: ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH THE STONE CREEK RANCH RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 30834) LOCATED ON AVENUE 58, APPROXIMATELY HALF A MILE WEST OF MADISON STREET RECOMMENDATION Accept the on -site improvements associated with Tract Map No. 30834, Stone Creek Ranch; authorize staff to release the performance security; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY • The Stone Creek Ranch residential project is located on Avenue 58, approximately half a mile west of Madison Street (Attachment 1). Madison Estates, LLC (Developer) has requested release of the performance and labor and materials securities. • The Developer has completed all obligations of the Subdivision Improvement Agreement except for a portion of the western boundary wall. Toll Brothers, the current owner, has submitted a separate bond to guarantee this wall's completion FISCAL IMPACT - None. BACKGROUND/ANALYSIS The Developer of Stone Creek Ranch has completed all on -site improvements required by Tract Map No. 30834 except for a portion of the western boundary wall. Toll Brothers, has submitted a separate bond to guarantee this western boundary wall's completion. The constructed improvements include pavement, curb and gutter, curb ramps, signing and striping, storm drain, catch basins, water and sewer improvements, landscaping, and survey monumentation. Staff inspected the improvements and verified they meet City - approved plans and standards. ALTERNATIVES Acceptance of these improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. Vicinity Map 73 ATTACHMENT 1 TRACT MAP NO. 30834 STONE CREEK RANCH PROJECT SITE = 54 TH A VENUE AIRPORT BLVD. z � o 0 W � � z 58TH A VENUE VICINITY MAP NOT TO SCALE 75 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30834 On Site Improvements THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of-aio2«. , 2003, by and between Madison Estate, LLC, a California Corporation 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 Tract No. 30834 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. 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. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement 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 in Exhibit "A", 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. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of 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 "warranty 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. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty 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 City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) 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. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. 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 constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. 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. G. 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) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the actor work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider 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 requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider 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 Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 3 of 6 6. Completion of Improvements. Subdivider 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 or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider 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, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, 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. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, 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 required 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, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 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," "As -Constructed," or "Record Drawing, 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 shall be resubmitted to the City Engineer. 12. Improvement Warranty. 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 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, T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 4 of 6 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 herein under, 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 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. 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 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. T:\PWDEPT\Devdiv\Agreements\SIA\30834 onsite sia.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: ol Thomas P. Genovese, City Manager Date ATTEST: AM J SUBDIVIDER: By: -- s R. aty Title: e By: Title: Reviewed and Approved. C Engineer Approved as to Form: ' y tto ey T:�PWDEPT\Devdlv%Agrenmontl%lSIA\30fl34 on Alta eln.wpd City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Madison Estatos, LLC 437 S. Highway 101 Suite 220 Solana Beach, CA 92075 (858)755-8656 Date Date 4 03 Date Date Ptinn A at 6 State of ) v S County of Sow, .3W 4 ACKNOWLEDGMENT 1V Notary Public, personally appeared personally known to me (or proved to me on the blisis of satisfactory evidence) to be the person(s) who name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature !„✓NN i 1 L'- Y E� t (affix seal) 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 Document Number of Pages Co Date of Document Signer(s) Other Than Named Above Exhibit A SECURITY - TRACT No. 30834 ON SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. 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. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security 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. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (Includes Landscaping and Retention) $ 533,785.00 $ 533,785.00 Streets and Drainage 513,370.00 513,370.00 Domestic Water 293,038.00 293,038.00 Sanitary Sewer 134,600.00 134,600.00 Joint Trench Utilities 145,200.00 145,200.00 Monumentation 13,600.00 13,600.00 Totals $ 1,633,593.00 $ 1,633,593.00 Standard Contingency 10% 163,359.00 163,359.00 Professional Fees, Design 10% 163,359.00 163,359.00 Professional Fees, Construction 10% 163,359.00 163,359.00 No Plans Contingency 25% 408,398.00 408,398.00 Total Bond Amount $ 2,532,068.00 $ 2,532,068.00 C&hf 4 4 a" COUNCIL/RDA MEETING DATE: July 17, 2007 AGENDA CATEGORY: ITEM TITLE: Acceptance of Off -Site Improvements BUSINESS SESSION: Associated with Tract Map No. 30834, Stone Creek Ranch CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept off -site improvements associated with Tract Map No. 30834, Stone Creek Ranch and authorize staff to release performance securities. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $2,000 annually, which will be incorporated into the Landscape and Lighting District Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 30834, Stone Creek Ranch, is located on the west of Coral Mountain Court and north of Avenue 58 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. A restoration bond in the amount 091 of $74,682 shall be retained until such time as the City Engineer determines that all home sites are developed in the project and that no damage will occur to these improvements from construction activities. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 30834, Stone Creek Ranch and authorize staff to release performance securities. Direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 30834, Stone Creek Ranch and do not authorize staff to release performance. Do not direct staff to release labor & materials securities 90 days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jonasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map • 092 IjiEATIQa�Tl141�m TM 30834 STONE CREEK RANCH I - --- -----i 12 19 N 15 N 17 n NJ lfliBF I'OIM•IM'iflYtT IM NO 5L8p O� [GY]M•C]NN pR.YNE i�Gl7K) I 10 / 51 52 • 19 `� casr� T MAX oa` 53 -, ou�tt awsc AaG 50 54 ® GIp BIW AM SW6V.5 (¢F OEIK Ai ` ® MHp(/M TAV816I4[LIIK A% I I 1 49 55 1Q inrtn rote !B 1 y l Q xro xmux� O I (STONE CK. 66 W I ','�',' mrmAarAmGM«srsrn COUR 47 ® srM(Wu Al) 46 �i 58 57 � Sg aaAawr ` ` 15 I PALO VERDE 23 g PLACE 20 21 22 24 25 I x !I BO I RANCH TRA[ 26 61 62 I OLD — —ry 19 ---- II B I � � 27 I 83 7! 79 7 I 42 �O 78 75 72 �.- I" 64 B I 41 OLD RANCH BsIf 71 / 5 O I !0 B6 67 BB B9 70 29 it so ! '0 39 OLD RANCH TRIAL SOUTH 3 2 >E � 1 <tc� 38 97 36 35 34 93 32 91 c u AVENUE 58TH VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 17, 2007 ITEM TITLE: Acceptance of Off -site Improvements Associated with Tract Map No. 30834, Stone Creek Ranch APPLICANT: Mr. Allen Janisch, Toll Brothers 4,0 093 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT No. 30834 Off Site Improvements THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this / sT day of 2003, by and between Madison Estates, LLC , a California Corporation 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 Tract No. 30834 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. 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. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement 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 in Exhibit "A", 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. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of 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 "warranty 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. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty 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 City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) 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. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. 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 constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. 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. G. 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) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider 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 requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider 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 Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd Page 3 of 6 6. Completion of Improvements. Subdivider 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 or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider 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, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, 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. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, 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 required 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, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 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," "As -Constructed," or "Record Drawing," 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 shall be resubmitted to the City Engineer. 12. Improvement Warranty. 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 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. CitV 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, T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd Page 4 of 6 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 herein under, 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 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. 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 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. T:\PWDEPT\Devdiv\Agreements\SIA\30834 offsite sia.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: - -,. - "e& . �A - - L -/ City CI r SUBDIVIDER: By: s R. Beaty Title; By: Title: Reviewed and Approw Approved as to Form - City of La Quinta 78-495 Calls Tampico La Quinta, CA 92253 760/777-7075 S-7-q Date Date Date Madison Estates, LLC 437 S. Highway 101 Suite 220 Solana Beach, CA 92075 (858)755-8656 Z 4 v3 Date Date Page E of C 7:\PWDEPT\DevdivlAXaornanta\SIA\30824 pft aito Glt►.wpd ACKNOWLEDGMENT State of �6& V`A_O` )sS County of On _*22Waefore me,J-60Lk!t> Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and offici 1 seal. Signature ( . .1 CASSIE ROBLES � r wv^ K M. # 1302970 COM, � . NOTPRY PuE,ii`.-CALIFORNIA (affix seal) COr4°E;• EXP. AFkIL 30, 2005'� 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 Document Number of Pages Date of Document Signer(s) Other Than Named Above dt Exhibit A SECURITY - TRACT No. 30834 OFF SITE IMPROVEMENTS Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. 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. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security 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. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Grading (Includes Landscaping and Retention) $ 80,500.00 $ 80,500.00 Streets and Drainage 110,682.00 110,682.00 Domestic Water 158,949.00 158,949.00 Sanitary Sewer 20,076.00 20,076.00 Joint Trench Utilities 21,780.00 21,780.00 Totals $391,987.00 $391,987.00 Standard Contingency 10% 39,199.00 39,199.00 Professional Fees, Design 10% 39,199.00 39,199.00 Professional Fees, Construction 10% 39,199.00 39,199.00 No Plans Contingency, 25% 97,997.00 97,997.00 Total Bond Amount $ 607,581.00 $ 607,581.00 BOND: 827839S PREMIUM:$16,547.00 / 2 YEARS SUBDIVISION IMPROVEMENTS ON -SITE GRADING Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MAD ISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("Cityy"), in the penal sum of EIGHT HUNDRED TWENTY SEVEN THOUSAND ** DOLLARS ($ 827 , 367.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **THREE HUNDRED SIXTY SEVEN AND NO/100THS Page 1 of 2 F201 - Performance Bond BOND:827839S PREMIUM: IN PERFORMANCE SUBDIVISION IMPROVEMENTS ON —SITE GRADING Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: INCLUDED IN BOND. THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of EIGHT HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED** DOLLARS ($ 827,367.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 **SIXTY SEVEN AND NO/100THS BOND: 827840S PREMIUM: $15,914.00 / 2 YEARS SUBDIVISION IMPROVEMENTS ON -SITE STREETS AND DRAINAGE Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("Cityy"), in the penal sum of SEVEN HUNDRES NINETY FIVE THOUSAND ** DOLLARS ($ 795,722.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **SEVEN HUNDRED TWENTY TWO AND NO/10OTHS F201 - Performance Bond Page 1 of 2 BOND: 827840S PREMIUM: IN PERFORMANCE INCLUDED IN BOND. SUBDIVISION IMPROVEMENTS ON -SITE STREETS AND DRAINAGE Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated _, 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of SEVEN HUNDRED NINETY FIVE THOUSAND SEVEN HUNDRED** DOLLARS ($ 795, 722.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 **TWENTY TWO AND NO/100THS BOND: 827841S PREMIUM: $9,084.00 / 2 YEARS SUBDIVISION IMPROVEMENTS ON -SITE DOMESTIC WATER Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"),, in the penal sum of FOUR HUNDRED FIFTY FOUR THOUSAND TWO ** DOLLARS ($ 454,209.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents_ The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **HUNDRED NINE AND NO/10OTHS F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on MARCH 18 , 200 3 MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY Prin I (Seal) Signature of Principal xn Title of Signatory DEVELOPERS SURETY AND INDEMNITY COMPANY Surety (Seal) Signature of ure y S. SMITH -BOWMAN, ATTORNEY -IN -FACT Title of Signatory 17780 FITCH, IRVINE, CA 92614 Address of Surety (800) 782-1546 Phone # of Surety SHELLEY SMITH -BOWMAN Contact Person For Surety F201 - Performance Bond Page 2 of 2 BOND: 827842S PREMIUM:$8,674.00 / 2 YEARS SUBDIVISION IMPROVEMENTS ON -SITE SANITARY S819ER AND DRY UTILITIES Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("Ci ") in the penal sum of FOUR HUNDRED THIRTY THREE THOUSAND SIX** DOLLARS ($433,69 .60 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **HUNDRED NINETY AND NO/100THS F201 - Performance Bond Page 1 of 2 BOND: 827842S PREMIUM: INCLUDED IN IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS ON -SITE SANITARY SEWER AND DRY UTILITIES Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of FOUR HUNDRED THIRTY THREE THOUSAND SIX HUNDRED** DOLLARS ($ 433 , 690.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 **NINETY AND NO/100THS BOND: 827843S PREMIUM:$ 422.00 / 2 YEARS SUBDIVISION IMPROVEMENTS ON -SITE MONUMENTATION Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"),, in the penal sum of TWENTY ONE THOUSAND EIGHTY_ _AND NO/ 100THS DOLLARS ($ 21, 080.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 BOND: 827843S PREMIUM: IN PERFORMANCE SUBDIVISION IMPROVEMENTS ON -SITE MONUMENTATION Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: INCLUDED IN BOND. THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of TWENTY ONE THOUSAND EIGHTY AND NO/ I OOTHS DOLLARS ($ 21, 080.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 BOND: 827835S PREMIUM: $2,480.00 / 2 YEARS SUBDIVISION IMPROVEMENTS OFF -SITE GRADING Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _, 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of ONE HUNDRED TWENTY FOUR THOUSAND AND NO/ 100 DOLLARS ($124, 000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects -according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 BOND: 827835S PREMIUM: INCLUDED IN IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS OFF -SITE GRADING Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of ONE HUNDRED TWENTY FOUR THOUSAND AND NO/ 100THS DOLLARS ($ 124, 000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 BOND: 827838S PREMIUM:$1,298.00 / 2 YEARS SUBDIVISION IMPROVEMENTS OFF -SITE SANITARY SEWER AND DRY UTILITIES Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"),. in the penal sum of SIXTY FOUR THOUSAND EIGHT HUNDRED ** DOLLARS ($ 64,876.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **SEVENTY SIX AND NO/100THS F201 - Performance Bond Page 1 of 2 BOND:827838S PREMIUM: IN PERFORMANCE INCLUDED IN BOND. SUBDIVISION IMPROVEMENTS OFF SITE SANITARY SEWERS AND DRY UTILITIES Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated _, 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of SIXTY FOUR THOUSAND EIGHT HUNDRED SEVENTY SIX AND NO/ 100THS DOLLARS ($ 64, 876.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 BOND: 827837S PREMIUM:$4,927.00 / 2 YEARS DIVISION IMPROVEMENTS -SITE DOMESTIC WATER act Map No. 30834 RFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of TWO HUNDRED FORTY SIX THOUSAND THREE ** DOLLARS ($ 246,371.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. ** HUNDRED SEVENTY ONE AND NO/100THS F201 - Performance Bond Page 1 of 2 BOND:827837S PREMIUM: IN PERFORMANCE SUBDIVISION IMPROVEMENTS OFF -SITE DOMESTIC WATER Tract Map NO. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: INCLUDED IN BOND. THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of TWO HUNDRED FORTY SIX THOUSAND THREE HUNDRED SEVENTY ONE ** DOLLARS ($ 246, 371.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 **AND NO/100THS BOND: 827836S PREMIUM: $3,431.00 / 2 YEARS SUBDIVISION IMPROVEMENTS OFF -SITE STREETS AND DRAINAGE Tract Map No. 30834 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of ONE HUNDRED SEVENTY ONE THOUSAND FIVE** DOLLARS ($ 171, 556.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. **HUNDRED FIFTY SIX AND NO/100THS F201 - Performance Bond Page 1 of 2 BOND: 827836S PREMIUM: IN PERFORMANCE SUBDIVISION IMPROVEMENTS OFF SITE STREETS AND DRAINAGE Tract Map No. 30834 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: INCLUDED IN BOND. THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 30834 prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and MADISON ESTATES, LLC. , A CALIFORNIA LIMITED LIABILITY COMPANY hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200_, and identified as Tract Map No. 30834 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of ONE HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED FIFTY SIX ** DOLLARS ($ 171, 556.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. F202 - Labor and Material Bond Page 1 of 2 **AND NO/100THS Til4t 4 4a QuiHfru MEMORANDUM TO: Veronica Montecino City Clerk FROM: Timothy R. Jonasson, City Engineer/Public Works Director DATE: May 15, 2007 RE: Tract No. 30834, Stone Creek Ranch Certificate of Correction - Resubmittal Please find attached the Certificate of Correction for the subject tract that was returned to the City of La Quinta requiring additional information. Brian Ching of my staff has been in contact with the Riverside County Recorder's Office and the requirement for owner's names is no longer required on the document. Hence, Mary Ruiz of the Riverside County Recorder's Office has advised us to resubmit the document as is. The Public Works Department requests the following document be sent to the County Recorder for recordation. Upon said recordation, please transmit a conformed copy to the Public Works Department for archiving and retain the original to be placed in your files. Please contact Brian Ching, Associate Engineer, should you have any questions at extension 7044. File 30834 FILE I TH May 18, 2007 Mary Ruiz Riverside County Recorder's Office P. O. Box 751 Riverside, California 92502-0751 Dear Ms. Ruiz: Please find enclosed for recording the Certificate of Correction for Tract No. 30834, Stone Creek Ranch. I have enclosed an additional copy along with a stamped, self-addressed envelope for a conformed copy. Sincerel VERONICA J. MfIC City Clerk Enclosures cc: Timothy R. Jonasson, Public Works Director/City Engineer P.O. Box 1504 • LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO • LA QUINTA, CALIFORNIA 92253 (760) 7 7 7-7000 -FAX (760) 7 77-7101 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Veronica J. Montecino, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: Veronica J. Montecino P. O. Box 1504 La QLlinta, CA 92247-1504 DOC # 2007-0355477 05/30/2007 08:00A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder II II II IIII III IIIIII IIIII IIIII IIIIII III 11111111111 S R I U I PAGE I SIZE I DA I MISC I LONG I RFD COPY S M A L 465 426 PCOR NCOR SMF NCHG E M vac, CERTIFICATE OF CORRECTION I Tract Map 30834 Stone Creek Ranch , 'V� Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Recording Requested By And When Recorded Mail to: City of La Quinta P.O. Box 1504 La Quinta, CA.92247-1504 Attn: Public Works Department CERTIFICATE OF CORRECTION I, Paul G. Robotta, certify that I am a Licensed Land Surveyor of the State of California. That a survey was prepared under my supervision and direction in Tract Map No. 30834. That said Tract Map was filed April 8, 2003 in Book 332 of Maps at Pages 61 through 66 in the Office of the Recorder of Riverside County, California. That the following data shown on said Subdivision Map is incorrect as: Monuments shown on the Subdivision Map Legend are not in the position stated or are not of the character called for, and are corrected as follows: LIST OF CORRECTIONS Sheet 3 of 6 A. Item 6 of the Notes on Sheet 3 is incorrect. Item 6 should read, "Lot corners along the sideline of private street right of ways will be monumentaed by a lead and disk stamped L.S. 5334 set along the extension of the lot line in the curb at an offset of 1.00 foot. The offset shall be measured radially or at right angles to the right of way line, unless otherwise noted. II. Sheet 4 of 6 A. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Westerly terminus of that certain line designated as North 66°36'53" West, 41.35 feet (Lot H / 10), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 66°36'53" West, 0.50 feet from said Westerly terminus. N:\SD0898\Doc\Certificate of Correction.doc B. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Westerly terminus of that certain line designated as North 89'50'56" East, 109.88 feet (Lot 10 / 11), is hereby amended to a set lead and disk stamped L.S. 5334 and is set South 89°50'56" West, 0.50 feet from said Westerly terminus. C. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00°20'50" West, 69.83 feet (Lot 11 / 12), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 00°20'50" West, 0.50 feet from said Northerly terminus. D. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00°20'50" West, 127.58 feet (Lot 12 / 13), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 00°20'50" West, 0.50 feet from said Northerly terminus. E. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00°20'50" West, 138.71 feet (Lot 13 / 14), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 00'20'50" West, 0.50 feet from said Northerly terminus. F. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00'20'50" West, 127.91 feet (Lot 14 / 15), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 00°20'50" West, 0.50 feet from said Northerly terminus. G. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00°20'50" West, 138.88 feet (Lot 15 / 16), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 00020'50" West, 0.50 feet from said Northerly terminus. H. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00°20'50" West, 128.19 feet (Lot 16 / 17), is hereby amended to a set lead and disk stamped L.S. 5334 and is set North 00°20'50" West, 0.50 feet from said Northerly terminus. I. That certain monument designated as a set'/4 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00'20'50" West, 72.19 feet (Lot 17 / 18), is hereby amended to a set N:\SD0898\Doc\Certificate of Correction.doc lead and disk stamped L.S. 5334 and is set North 00020'50" West, 0.25 feet from said Northerly terminus. J. That certain monument designated as a set 1 inch iron pipe marked L.S. 5334, located at the Northerly terminus of that certain line designated as North 00' 15' 19" West, 163.09 (Northeast Comer Lot 18), is hereby amended to a set lead and disk stamped L.S. 5334. K. That certain monument designated as a set lead and disk stamped L.S. 5334, set along the Southerly extension of the lot line between Lots 13 / 14 in the curb, at an offset of 1.00 foot, located South 00°20'50" East, 1.00 foot from the Southerly terminus of that certain line designated as North 00°20'50" West is hereby amended to a set lead and disk stamped L.S. 5334 at the Southerly terminus of that line designated as North 00°20'50" West, 138.71 feet. L. That certain monument designated as a set lead and disk stamped L.S. 5334, set along the Westerly extension of the lot line between Lots 47 / D in the curb, at an offset of 1.00 foot, located South 86044105" West, 1.00 foot from the Westerly terminus of that certain line designated as North 86°44'05" East is hereby amended to a set lead and disk stamped L.S. 5334 and is set South 86°44'05" West, 2.00 feet from said Westerly Terminus. M. That certain monument designated as a set lead and disk stamped L.S. 5334, located South 74°06'05" West, 1.00 foot from the point of compound curve in the property line at the Northwesterly corner of Lot 46, is hereby amended to a set lead and disk stamped L.S. 5334 located South 74°06'05" West, 1.50 feet from said point of compound curve. The present fee Owners of the property are not affected by the correction. Dated: l i t -I6 tP NO ASSOCIATES IJC 7'A l .17�4 Paul G. Robotta, L.S. 5334 My License Expires 12/31/07 LAND Nm m E*a.12/31/07 N:\SD0898\Doc\Certificate of Correction.doc State of California) A S. County of�LLVI DieC 7 On 2 q o , before me the undersigned, a Notary Public in and for said State, perso 11y appeared ft,U C-� , RD bU{tG�a �. S , , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. Witness my hand of official seal. My Commission Expires % � 0J G Signature Notary Public — State of California CITY ENGINEER'S CERTIFICATE This Certificate of Correction has been examined by the undersigned and discloses that the changes are authorized by and comply with Government Code Section 66469 of the Sub Division Map Act. Q Date: 4(othyR.Jo4son C.E.45843 Public Works Director / City Engineer City of La Quinta My License Expires 12/31/01B N:\SD0898\Doc\Certificate of Cor ection.doc COUNCIL/RDA MEETING DATE: April 1, 2003 ITEM TITLE: Approval of a Final Map and Subdivision Improvement Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the Final Map and Subdivision Improvement Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC. FISCAL IMPLICATIONS: None at this time. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Number 30834 is located between Jefferson Street and Madison Street, on Avenue 58 (Attachment 1) and consists of 76 residential lots, interior lots A, B, C and on site retention basins lots D-1 and D-2 (Attachment 2). The new Tract Map being developed by Madison Estates, LLC, was conditionally approved at the January 7, 2003 City Council meeting. The Developer failed to finalize and submit all the required documents within the 30-day conditional approval period ending February 7, 2003. The developer has submitted the Final Map in substantial compliance with the Tentative Map, two signed Subdivision Improvement Agreements, one for Offsite Improvements and one for Onsite Improvements and provided security for all public improvements (Attachment 3) in order to satisfy the requisite submittal requirements prior to approval of the Final Map. r 0 7 C T:\PWDEPT\COUNCIL\2003\030401 b.doc (� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Final Map and Subdivision Improvements Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC.; or 2. Do not approve the Final Map and Subdivision Improvement Agreements for Tract Number 30834, Stone Creek Ranch, Madison Estates, LLC.; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R.qass , P.E. ublic Workirector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Final Map 3. Subdivision Improvement Agreements 0 "' 7 TAMDEMCOUNCIU2003\030401 b.doc 2 ATTACHMENT 1 PROJEC T SITE TRACT NO. 30834 54 TH A VENUE tom, y AIRPORT BL W. W O � 567H AVENUE VICINITY MAP .NOT TO SCALE 3 ATTACHMENT 2 TRACT NO, 80884 IN 1rHlE aTY OF a A,IUWA [ a#4 Y OF NWTSW STALE QF CALIIFWA A SLWWSI N OF PARCELS J t 4 OF' PARM MAP Na 80S REN P" 75N-UM PARMS 4 2 t J W PAKa YAP Na &w N P" 10/)7. 011lil! 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ABM: Al /Nl m mr � 3 imp m alert AM menu r m dw. pa/ Arw" Ar asl trn v At Aarwift r4m,n &WAM 10 «� MY Or i •� .i OF r ., EV . .,, ,, JW , On OW PA& ISM MAI a" rum is- mlr7_1 � ..AfM �E'7r[FSi MI,�iF'Lu [] CLs i,►:1�� lei p [� � E:� tic r-=1r-T:r�F7 r-'-rjr7:r� F HERMITAGE a mr sw Na 4 ShIFET 3 or 6 smffis 18 as � I .0 C� �19 umnn Op �C '" i D-6 'nnn AM AM 1 �OMMAM I N I �4ff TRACT NO. 30884 Av PE arr of, u awA cowrr ar m► nw STALE OF CAUf M A SU6DVWSOV Qr PARMS 3 t 4 QF PARM NAP NO OM REM= NI P.Y.S 75IS55-6UW PARCIIS 1. ? t J Li PARCEL MAP NQ 6577 M AMA 10/77. SV&rT 4 CF 6 SWM aumaw 0' jw Ter ur ,w I 57 I1 1 � ram_—_�_• 1 , i Ii ' D-2 \R'�s 6 � �lz mw 67 w� 37� .36 =NUE TRACT N0. 80884 IN THE CITY OF LA aWA COUNTY OF NOW STA1F OF C,ALIFARIWA A SIMW9M Cr PARf,aS J t 4 Or PARM YAP Na OM JPrCMO N P.KY 75/0-6UW FARMS f, 2 t J Ar PARCEL YAP MQ 6377 N P.M$ 10/ 7.. PA/NAI MAP / ^�. `' AID, om iltAr!►� Ni11E d en' too' ts0' s00' 1 ( 1 1 571 I 61 t aI RjA 057M arson NOl3� - - , •�trr�• ��rw�,�1�.w��r�w• MY 5 OF 6 9 Ei1S i . 47 45 44 43 TRA C T NO, 30834 9w 6 or 6 sa-m N 7W Clrr Or LA aWht GOWN OF MY" STAR Or "MA A SLOW" CF PMW 3 & 4 Of PALM MAP ma am mcmo N P.mA MAO-MAND PARMS 1, 2 J Or PARCEL MAP ma 6377 iN Pm& 19177 ML% A� Addl PAR= 1 2 --a- mwvn 23 24 10 ar �7311 D-1 42 0 1% 1 72 ICI ` I 41 D-2 L 65 71 40 A3r kj E g rt 721 1 A i's sr?NWT of 76' -OMV$IW saw a s.nr agar 84 32 At oxwl btu -r- 58TH A VENUE 58 TH A VENUE DETAIL DETAIL (1) sm: r a P49DL3ML even* moolessiblue a" ra wo�ft V= T4'yl 4 4 Q" AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: January 7, 2003 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION: Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract 30834, Stone Creek PUBLIC HEARING: Ranch, Madison Estates LLC RECOMMENDATION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and two Subdivision Improvement Agreements (SIA) for Tract 30834, Stone Creek Ranch. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract 30834 is located between Jefferson Street and Madison Street, on Avenue 58 (Attachment 1) and consists of 76 residential lots, interior streets lots A, B, C and on - site retention basins lots D-1 and D-2 (Attachment 2). The developer has requested that the City Council conditionally approve the Final Map which will allow 30 days for completion of its processing. To date, the developer has executed two SIA's: one for on -site improvements and the other for off -site improvements (Attachment 3), but the associated securities have not been received. It is expected that the associated securities and a technically correct map with all signatures will be in place within the time allowed for its conditional approval. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt, within 30 days (February 7, 2003), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except for the City Clerk), SIA and associated securities. in0 TAPW DEPT\COUNCIL\2003\030107c.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional Final Map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and two Subdivision Improvement Agreements for Tract 30834, Stone Creek Ranch; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and two Subdivision Improvement Agreements for Tract 30834, Stone Creek Ranch ; or 3. Provide staff with alternative direction. Respectf)dlly submitted, 11Timothy R. ublic Works Attachments 6son, P.E. ector/City Engineer 1 2 3 Approved for submission by: Thomas P. Genovese, City Manager Vicinity Map Tract Map Subdivision Improvement Agreement lot T:\PWDEPT\COUNCIL\2003\030107c.wpd 002 ATTACHMENT 1 PROJECT SITE m TRACT NO.30834 54TH AVE E W ti .4/RPORT BL VD. z S c 58TH A VENUE VICINITY MAP NOT TO SCALE N V4 ATTACHMENT 2 TRACT NO. 30834 IN THE CITY Of IA OUINTA, COUNTY OF RIWRS7DE STATE Or CAUFORNIA A SUBNnONI OF PARCELS J 4 OF PARM YAP NO. 88J4 RE6LI M AV P.Y.B. 75165-66AND PARCELS 1, 1 J Qr PARCEL YAP NO.. 6377 N P.ALB. 19%)7. DOM JTAR#W K IMY $TAX WT K AW M OOM Or PC LAD MRLKD OW PC A41000 Poo MWft PUT K AK M al Y PVWU ODST CNOT a lg=F tr M AW A aLV Ut M SW IAD PUT K CNSOIT M PC U"W AV AMOM ar W SUDWSO AW AS 90PP OW NC LKWCW SWO IK. 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