30023-3 Shea La QuintaCITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 30023-3
ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
l �A day of 20
o , by and between Shea La Quinta, LLC a California Limited Liability Company hereinafter
referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California,
hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or Tract 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. 30023-3 (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.
1 or 7
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.
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 Tract 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, Tract
map or waiver of Tract 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
2 of 7
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).
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 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
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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.
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 Maieure. 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.
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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, 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.
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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 right 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.
IN WITNESS WHEREOF, the parties hereto have executed this
written above.
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
60/777-7075 �
Thomas P. Genovese, City Manager
ATTEST:
Local Address
Shea La Quinta, LLC.
81260 Avenue 62
La Quinta, CA 92253
(760) 777-6006
By
Tit
By
Title: //.sS134a"rI �3ecrf--*Ae!4
I
ent as of the day and year first
Address
24120 1-tw= Springs Rd
Glen Ivey, CA 92883
e
e
Reviewed an Approved: J2_j
Cit "gin Date
Apgaved as to Form:
v
City Att ney Date
6 of 7
Exhibit A
SECURITY — TRACT MAP NO.30023-3
ON -SITE IMPROVEMENTS
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
$
-
$
-
Drainage
$
28,950
$
28,950
Street Improvements
$
842,300
$
842,300
Domestic Water
$
550,460
$
550,460
Sanitary Sewer
$
417,300
$
417,300
Dry Utilities
$
284,280
$
284,280
Street Lighting
$
148,500
$
148,500
Irrigation System
$
44,400
$
44,400
Monumentation
$
20,000
$
-
Totals
$
2,336,190
$
2,316,190
Standard 10% Contingencey
$
233,620
$
231,600
Total Construction Cost
$
2,569,810
$
2,547,790
Professional Fees, Design 10%
$
256,980
$
254,780
Professional Fees, Const 10%
$
256,980
$
254,780
No Plans Contingency 25%
$
642,450
$
636,950
Bond Amount'
$
3,726,220
$
3,694,300
7of7
ALL-PURPOSE ACKNOWLEDGMENT
State of CAI E o) } m 1
County of Qty t C -A-
On /
/�i4RC� fo �oobefore me, /nARC (-ft3owr pafc- PL J
Date Name and Tift of D/ricer
personally appeared S-F e PA N AN M a -1Y QAAti 1` <
NOW(s) of Si (s)
❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) • are subscribed to the within instrument
and acknowledged o me that -he/she heS�xecuted the
same in t eir authorized capacity ieand that by
�fii�Pre their ign re(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
inlow
!f
Cod 136=1 WITNESS my hand and official seal.
1 &OY PutMc -
OverMde C
Capacity(ies) Claimed by Signer(s)
Signer's Name:
r.
■
OPTIONAL
Individual
Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator R16HT THUMBPRINT
OF SIGNER
Other: Tnp ,t.aab t-
Signer is Representing
curs of Nasty Public
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator RIGHT OF SIGNER
THUNY�PRINT
Other: _ Tap or thumb h—
Signer is Representing
OUTSTANDING BOND REPORT`
Name: Shea La Quinta, LLC (Trilogy at La Quinta)
Tract No. 30023-3
Date of Contract: 3/17/04
Required Bond Amounts:
Drainage
Streets
Water
Sewer
Utilities
Street Lights
Irrigation
Monumentation
10% Contingency
Prof. Fees Design 10%
Prof. Fees Const. 10%
No Plans Contg. 25%
Dates of Bond Reductions:
$ 28,950 performance/labor & materials
$842,300 same
$ 550,460 same
$417,300 same
$284,280 same
$148,500 same
$ 44,400 same
$ 20,000 performance only
$233,620 / $231,600
$256,980 / $254,780
$256,980 / $254,780
$642,450 / $636,950
Outstanding Bonds and Bond Company: Fidelity and Deposit Co. of Maryland
Amount:
$3,726,220
$3,694,300
Bond No. Date Cancelled/Released:
08741762
same
Bond Number: 08741762
Premium: $26.084.00
SUBDIVISION IMPROVEMENTS
Parcel Map No. 30023-3
Trilogy at LaQuinta
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
�AT, the City Council of the City of La Quints has approved the final map for Parcel Map by the
30023-3 , prior to installation of certain designated putim Map
Act
required
No. 8 for the subject map, in accordance with the CaliforniaoMap Ad (Government Code
Cor>ditiorrs of APPrev
Section 66462)
ERF.AS the City Council of the City of La Quints, State of Cali herein utter designated as (*principal")
ea LaE�uinta, LLC certain designated public
have entered` k an agreemsttt whereby Pnncipai agrees to meta and complete
sad merit, dated , 200 ,and identMed-as
0 "V0� , is hereby re to and made a part hereof: and
Parcel Map agreement to furnish a bond for the
WHEREAS, said principal is required under the terms of said
faithful performance of said agreement.
NOW, THEREFORE, we, the principal and
Fidelityand_De o i and,
in the p®nslsum
awfui
as surety, are hold and firmly bound unto the City of La uinta hereinafter tailed 26 , 229.00
of Three Million Seven Hundred Twenty Six Two DOLLAR�Sbe made, we t eves, our
money of the United States, for the payment to il which sum well and try, resents.
heirs, successors, executors and administrators. jointly and severally, firmly by these p
The condition of this obligation is such that If the above bounded principal, his or its heirs, ekeep and
xecutors,
administrators, successors or assigns, shah in all things stand to and abide by, and wen rt d truly thereof made as
perform the covenants. conditions andto be provisions t the said agreement and any and in t
therein provid
ed, on his or their part, to be kept and performed at the time and in the manner therein
spects according to their We intent and meaning, and shall indemnify an save
specified, and in all re
harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall became
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
reasonable
's fees, incurred
shall City
included costs and reasonable
such obligation, all to oo be taxed as costs and includede in any judgment
by City in successfully enforcing g
rendered.
*Hundred Twenty and 00/100.
Page 1 of 2
1:201. pSrforinance Band
Bond Number: 08741762
Premium Included in Charge
for Performance Bond.
SUBDIVISION IMPROVEMENTS
Parcel Map No. 30023-3
Trilogy at LaQuinta
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quints has approved the final map for Parcel Map
No. 30023-3 , prior to installation of certain designated public improvements required by the
Conditions of Approval tor the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quints, State of California, and
Shea La uinta LLC I hereinafter designated as *the principal" have
en into an agreement whereby the principal agrees to install and complete certain designated public
improvements, which agreement, dated T� 200 , and identified as Parcel Map
No. 30023-3 , 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 suf iclent payment bond with the City of La Quints 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 Califomla.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound
unto the City of La Quints 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 Three Million Six Hundred Ninety Four*
DOLLARS (y3; 694,_300.00--), for materials fumished 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,
u
including reasonable attorney' s fees, incurred by city to 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.
*Three Hundred and 00/100.
F202 - Labor and Material Bond
Page 1 of 2
TRACT MAP NO. 30023-1
Tract Map No. 30023-1 & 2 was under Riverside County jurisdiction at the time of
approval. There were three (3) houses in TM 30023-1 and forty-eight (48) houses
in TM 30023-2
TRACT MAP NO. 30023-2
After this area was annexed into the City, the rest of Phase 2 (TM 30023-2) was
completed and combined with Phase 1
The County retained the original bonds for Phases 1 & 2
The City retained the warranty bonds for Phases 1 & 2
TRACT MAP NO. 30023-3
The first Subdivision Improvement Agreement with the City and Shea La Quinta,
for this Tract was Phase 3.
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
VERONICA J. MONTECINO
City Clerk / Agency Secretary
AND WHEN RECORDED MAIL TO:
Veronica J Montecino
CITY OF LA QUINTA
P. 0. Box 1504
La Quinta, CA 92247-1504
DOC # 2008-0202541
04/23/2008 08:00R Fee:NC
Page I of 6
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clark & Recorder
11111111111111111111111111111111111111111111111
S I R I U I PAGEI SIZE I DA I MISC I LONGI RFD I COPY
M^'I A L/� 465 426 PCOR NCOR SMF CH1
J M 6 C.(i T: I CTY UNI
RESOLUTION NO. 2008-013
Restricted Access Dedication If
Tract Map 30023-1, Trilogy at La Quinta
Shea La Quinta, LLC
Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
RESOLUTION NO. 2008-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AUTHORIZING AN
EXCEPTION TO THE RESTRICTED ACCESS
DEDICATION SHOWN ON TRACT MAP NO. 30023-1,
TIRLOGY AT LA QUINTA, SHEA LA QUINTA, LLC. p A
IOV62I
WHEREAS, the County of Riverside Board of Supervisors imposed a
restricted access dedication along specific portions of the Avenue 62 frontage of
Lot 145 of Tract Map No. 30023-1 when it was approved on January 28, 2003
prior to Annexation No. 14 approved on February 11, 2003 by the Riverside Local
Agency Formation Commission by Resolution C-01-03; and
WHEREAS, Shea La Quinta, LLC, the developer of Trilogy La Quinta, wishes
to grant to the Coachella Valley Water District (CVWD) and addition parcel (Parcel
A) to the west of an existing well; and
WHEREAS, the City Council finds the following facts and reasons to justify
approval of said exception to the restricted access dedication along Avenue 62
frontage of Lot 145 of Tract Map No. 30023-1:
1. The exception of restricted access dedication is allowed based on previous
determination by the City Attorney that by the court ruling in Stevenson v.
City of Downey (1962) 205 Cal. App.2d 585 that it is not necessary for the
City to formally vacate or abandon the prior restriction. In that case, the
court held the fact that the property owner has foregone the fight of access
does not preclude a city from exercising its police powers to determine the
appropriate points of access.
2. Previous exception to vehicular access restrictions has been granted in the
pass and in particular per Resolution No. 2002-124 for Parcel Map No.
28525-2 along a portion of Highway 1 1 1 frontage of Lot B of said Map.
3. Approval of the exception to the restricted access dedicated on Tract Map
No. 30023-1 will not create conditions that may threaten the public health
and safety needs of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. That the above citations are true and correct and constitute the
findings and requirements of the City Council in this case.
Resolatfon No. 2008.013
Exception to Restricted Access Dedication
Adopted: March 18, 2008
Page 2
SECTION 2. The City Council approves the exception of restricted access
dedicated across Lot 145 of Tract Map No. 30023-1 and as shown on Exhibits "A"
and "B" hereto, and is an authorized exception to the access restriction shown on
Tract Map No. 30023-1 along a portion of the Avenue 62 frontage of Lot 145.
SECTION 3. The access authorization shall not be construed as a perpetual
access exception to the restriction shown on Lot 145. The access authorization
shall be terminated when the land uses on Parcel A being dedicated to CVWD are
no longer valid.
SECTION 4. The City Clerk shall cause this Resolution to be posted after its
adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council, held on this 18th day of March 2008, by the following vote,
to wit:
AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
(L"
DON AD LPH, Wayor
City of La Quinta, California
ATTEST:
c
VERONICA J.fi(ONTECINO, CMC, City Clerk
City of La Quinta, California '
(CITY SEAL)
Resolution No, 2008-013
Exception to Restricted Access Dedication
Adopted: March 18, 2008
Page 3
APPROVED AS TO FORM:
M. KATHERINE JEN,'OIV� City Attorney
City of La Quinta, Ca ' rnia
This is to certify that the foregoing is a
full, true and correct copy of the original
document containing_ pages;
which Is on file in the Office of the City
Clerk of the City of La Quinta, California
Veronica ef'6Aontecino, CMC
City Clerk
EXHIBIT "A"
(LEGAL DESCRIPTION)
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
VACATION OF THE RESTRICTED ACCESS DEDICATED ON AVENUE 62 ACROSS
THAT PORTION OF LOT 145 OF TRACT MAP NO. 30023-1, AS SHOWN BY MAP ON
FILE IN BOOK 329, AT PAGES 87 THROUGH 102, INCLUSIVE, OF MAPS,
RIVERSIDE COUNTY RECORDS, AS ADJUSTED AS PARCEL "B" OF LOT LINE
ADJUSTMENT NO. 2007485, APPROVED BY THE CITY OF LA QUINTA AND
RECORDED SEPTEMBER 25, 2007, AS INSTRUMENT NO. 2007-0599643, O.R., ALL
BEING IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE
AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 150 OF SAID TRACT MAP
NO. 30023-1;
THENCE ALONG SAID SOUTHERLY LINE OF SAID LOT 145 SOUTH 89047'45"
WEST A DISTANCE OF 100.00 FEET TO THE END OF THE VACATION OF THE
RESTRICTED ACCESS DEDICATED ON SAID LOT 145;
O LAND
CHARLES R.
C) HARRIS 0
* 0 9
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PAGE 1 OF 1 3/3/2008
EXHIBIT °B"
MAP TO ACCOMPANY OFFER TO DEDICATION
A PORTION OF THE SW 1 /4 OF THE SE 1 /4
34, T. 6 S., R. 7 E., S.B.M.
INDICATES RESTRICTED ACCESS DEDICATED
PER M.B. 329/87-102
�� $5 1 6
NN
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EASEMENT
OF SECTION
1
1 e��p°tip•
- - - - - - - - - -
/r----�
/ I
I
/
I
/ I
LOT 150
I
/ PORTION OF
/ LOT 145
1 = 60
/ I
WESTERLY LINE
OF LOT 150
I
I
S 89.47.45- W I
I
I
////////// 100.00'PORTION
-----------//////_/
TO BE I
P.O.B.
o
VACATED
SW CDR
'o
Ln--�-
LOT 150 AVENUE 82
�S 1i4 COR.
SECTION LINE
SEC. 34
SE (O7R
SEC, 34
No. 4 89
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J.N. 1538 2/29/08 SHEET 1 of 1