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2004 - 31681-1 Coral Option I, LLC - SIA On-Site & Off-SiteCOUNCIL/RDA MEETING DATE: July 1, 2008 ITEM TITLE: Acceptance of On -Site and Off -Site Improvements Associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept on -site and off -site improvements associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (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 $1,000 annually, which will be incorporated into the Landscape and Lighting Operating Budget. Street sweeping for the additional curb and gutter is included in the City's operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31681-1, Andalusia, is located east of Madison Street, west of Monroe Street, south of Avenue 58, and north of Avenue 60 (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 169 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site and off -site improvements associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site and off -site improvements associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC and do not authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, J Timothy R. Jon 00n, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 170 ATTACHMENT 1 TM 31681-1 ANDALUSIA NAP Tract No ANDALUSIA 31681 1 w � W AVENUE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 1, 2008 ITEM TITLE: Acceptance of On -site and Off -site Improvements Associated with Tract Map No. 31681-1, Andalusia, Coral Option 1, LLC APPLICANT: Mr. Nolan Sparks, Coral Option 1, LLC 171 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 31681-1 Development Name: Andalusia ON -SITE IMPROVEMENTS Performance security' Improvement Description Labor & Materials' Current Amount Proposed Reduction WARRANTY AMOUNT Grading $17,290 $17,290 90% $1,729 Street Improvements $273,160 $273,160 90% $27,316 Domestic Water $855,290 $655,290 90% $85,529 Sanitary Sewer $265,730 $265,730 90% $26,573 Storm Drain $81,710 $81,710 90% $8,171 Dry Utilities $110,000 $110,000 90% $11,000 8 FT Wide Pedestrian Tunnel $65,000 $65,000 90% $6,500 12 FT Wide Pedestrian Tunnel $70,000 $70,000 90% $7,000 Monumentation Contingency $0 $12,450 100% $0 Standard Contingency 10% $173,820 $173,820 100% $0 Professional Fees, Design 10% $191,200 1$191,200 100% $0 Professional Fees, Construction 10% $191,200 $191,200 1 100% $0 No Plans Contingency (25%) $478,000 $478,000 1 100% $0 Totals $2,772,400 $2,784,850 1 - 173,818 OFFSITE IMPROVEMENTS Performance Security' Improvement Description r& laisz Original Amount Proposed Reduction WARRANTY AMOUNT Avenue 58 improvements Street 810 $355 810 90% $35 581 Storm Drainage 80 $9,380 90% $938 Si nin and Stri in 60 $11 760 90% $1 176 Street Lighting00 R$256,040 $40,400 90% $4,040 San itary Sewer 560 $683,560 90% $68,356 Perimeter Landscaping 410 $156,410 90% $15,641 Perimeter Wall 90 $36,590 90% $3,659 Water 040 $256,040 90% $25,604 Standard 10% Contin enc 000 $155,000 100% $0 Professional Fees, Design 10% 500 $170,500 100% $0 Professional Fees, Construction 10%500 $170,500 100% $0 No Plans Co Mingency, 25% $426,240 1 $426,240 100°/u $0 Totals[2,472,190 2,472,1 0 - $iS4,995 ' Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 17? CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION, IMPROV14MENT AGREEMENT (the "Agreement") is made and entered into this 712 day of 2001- by and between CORAL OPTION I, LLC. A DELAWARE 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. 31681-1 (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. T:\Project Development Division\Development Projects\Ngreements\S1A\SIAs in Progress\Coral Mountain 31681-1\ONSITE_SIA.doc 1 of 7 B. Improvement security shall conform to 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 the of performance security shall equal One Hundred Percent (100 /o) of the estimated cost 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 2of7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\ONSITE_SIA.doc 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 3.13., 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 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 T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in ProgressZoral Mountain 31681-1\ONSITE_SIA.doc 3of7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.. 4. Permits B1 uired. Prior to commencing any phase of work, Subdividerunder a obtain permiallr permits required for that phase of work and pay all required fees: Work performed shall comply with all provisions of the required permits. 5. Off -site improvements. When the construction of one or more o the itmprove v improvements shall use requires is necessitates the acquisition of real property not owned by Subdivide y, best efforts purchase such real property at a reasonable price. In the event that .Su livid r is unsuccessful, despite its best efforts, to acquire such heeaal Praoperty. perty t City may, but is not required to, may request in writing that City aer ttempt to acquire P City so agree to attempt to acquire such real property on behalf of Subdivider. Ifto the CitygAttorn 9 separate agreement shall provide that Subdividey. Sa d Subdivider shall enter a separate written agreesent in a form acceptable advance to City One Hundred Fifty Percent (150%) shall of the appraised fair market value of the real property. Any unexpended portion the ealaid advance erty shall be be refunded to Subdivider. Any additional funds of said s real propertyt Subdivider. In no event shall acquisition paid by Subdivider to City upon the conveyance or the failure of Subdivider or City to acquire such real property excuse, waive, ai e, this to reise terminate or the Subdivider's obligation to construct the applicable improvement pursuant9 Conditions of Approval. 6. Com letion of improvements. Subdivider shall begin construction of the improvements nths he awithinroval ninety s (90) days and shall complete construction within twelve completed at water date, as determined by the Agreement. Portions of the Improvements may b p CityEngineer or as set forth in Exhibit A. Failure by Subdivider to begin or corn cause fpoletCi{onsnruitsiosole 9 the Improvements within the specified time eclare Subdivider�n default of this agreement, to revise discretion and when it deems necessary, improvement security requirements as necessary to ensure completion of nimprove p ve e ments changes to require modifications in the standards or sequencing of the Improvements in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits i ahe si affected due to strikes, act of God, or other events beyond Subdr s control, the time limits tio by such events will be extended by the period o such 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 additions uoe rdevis otnsnt nthe ay approve or deny the request or conditionally approve the extension terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, simiextillar i n.orm and substance of the to those required in SECTION 3 hereinabcove of andperiod yment for Improvements that remain securities shall be sufficient to ensure the performance 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 bdi ision Map Act proof that and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer the monuments have been set, evidence of payment and receipt hereof by monuments set hen publ c iner or surveyor setting the monuments, and intersection monument tie -outs 10. Final Acceptance of Improvements. At the completion of construction and priorto o acceptance of shall the Improvements by City, Subdivider shall submit a request for final approvalbyCity. 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. 4of7 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgressToral Mountain 31681-1\ONSITE_SIA.doc 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. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\ONSITE_SIA.doc 5of7 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 d shall not operate as a waiver of any default or of any such rights or remedies provide for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 60/777-7075 /Thomas P. Genovese, City Manager Date ATTEST: Subdivider Coral Option I, LLC • Qo La Quinta, CA 92253 1 zi4-1 04y�' By: �2 Date Title: -1(• P—?2 By: Title: Date Reviewed an Approved: ( o a S— c AA AAPtm (.' �iEngi�/fDate ApVPved as to Form: l� y to ey Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\ONSITE_SIA.doc 6of7 Exhibit A ON -SITE SECURITY - TRACT MAP NO. 31681-1 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 $ 17,290 $ 17,290 On Site Street Improvements $ 273,160 $ 273,160 Domestic Water $ 855,290 $ 855,290 Sanitary Sewer $ 265,730 $ 265,730 Storm Drain $ 81,710 $ 81,710 Dry Utilities $ 110,000 $ 110,000 Pedestrian Tunnel (8ft Wide) $ 65,000 $ 65,000 Pedestrian Tunnel (12ft Wide) $ 70,000 $ 70,000 Totals $ 1,738,180 $ 1,738,180 Standard 10% Contingency $ $ 173,820 1,912,000 $ $ 173,820 1,912,000 Total Construction Cost Professional Fees, Design 10% $ 191,200 $ 191,200 Professional Fees, Const 10% $ 191,200 $ 191,200 No Plans Contingency 25% $ 478,000 $ 478,000 Special Monumentation Contingency $ 12,450 Bond Amount $ 2,784,850 $ 2,772,400 Improvement Description Performance Labor & Materials Monumentation $ 20,930 $ - Totals $ 20,930 $ = See On -Site Special Monument Cont $ $ - Total Construction Cost $ 20,930 $ Bond Amount $ 20,930 $ TAProject Development Division\Development Projects\Agreements\SIA\SIAs in ProgressZoral Mountain 31681-1\ONSITE_SIA_Used OK.doc 7of7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �� S f 04 On 9' before me A/6eI &-E"'A; i ,�U Date /YM_ Narne'and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared ,&'i1%/n Name(s) bf Signer(s) ,-personally known to me ❑ proved to me on the basis of satisfactory evidence MARCIA K. GREEN Commission # 1378 904 No#ary Pulb6lc - Ccaf #�► IRivclrsi& �� ,rant. ;nes0II7, to be the person(k whose name(&) is/ft subscribed to the within instrument and acknowledged to me that he/sl1e,(tbey executed the same in his/her/their authorized capacity(r&Q, and that by his/hW/tt%r signatureKon the instrument the person% or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and offic' eal. t Signature of Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument Title or Type of Document: Document Date: t? ` d ? ` D T Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Heoraer: can ion-rree i-esuu-oto-nazi CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31681-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "A reement") is made and entered into t 2is `" - a day of �Yi"'" COMPANY by and between CORAL OPTION I, LLC. A DELAWARE LIMITED LIABILITY C 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 81-1 he La Quinta, County of Riverside, which unit of land is known as Tract la . 316nmentt Coder (the pursuant to the provisions of Section 66410, et sec. of the Califo "Subdivision Map Act"). BPP 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, constructed,utili,la dscapnderthis and other improvements required to be constructed or agreed to 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 Subdividers 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 let on ntee and and warranty ance of the Improvements for a period of one year following the comp Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide twoarrranty or security concurrently with Improvements are complete and accdby the City Warranty Council securi y shall not be required for the final release of performancesecurity. 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 of 7 T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\0FFSITE_SIA.doc 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 cant' 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 T:\Project Development Division0evelopment Projects\AgreementsWA\.SIAs in Progress\Coral Mountain 31681-110FFSITE_SIA.doc 2or7 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 3.6., 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 3.13., for which the real will prepare lien agreements and subordination agreements, ls of the lien, aellrofawh whon of ich require legal property and administer the agreements over 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 Exhit A.Secrare con Participaructedand ry Improvements shall remain in place until the Participatory improvements 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 reimbursementsecurity and Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment Y ty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in If Subdivider fails to deposit replacement of security guaranteeing Participatory Improvements said cash within 30 days of the date of the written demand from City, City iSu *a shall pay esent a or tt Y demand to Subdivider's Surety for payment of said cash and Subdivider'sY 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 station ofor any f the time reasont including non-payment of premiums, modificationou�ex f isAgreement and/or e for performance stated in this Agreement, with press 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 shad be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 9 2) The CityEngineer 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 f sTen Percent b(10 or The City Engineer shall not allow more than two partial reductions o Y any improvement agreement. 3) Participatory Improvement security shall be released upon payment bySubdivider 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 by thematerials Council, the all be released in full 90 days after final acceptance and/or approval 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 rear if ater fend inal acceptance or approval by the Cityf all orcmoreroutstanding requests by City for he of the one-year warranty period, there are on performance of work or provision of materials under the terms of the warranty, warranty 3of7 TAProjec► Development Division\Development Projec►s\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\OFFSITE_SIA.dx security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Re_guire_d• 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. Off -site improvements. When the construction of one or more of the improvementsSubdivider shall use its 5. � necessitates the acquisition of real property not eeasonaned b reasonable In rthe event that Subdivider is best efforts purchase such real property a unsuccessful, despite its best efforts, to acquire such real property at a reasa n but is ice,not rSubdr eider may request in writing that City attempt to acquire such real property. City y, agree to attempt to acquire such real .property on behalf of Subdivider. IfCity o grew, City and d Subdivider shall enter - a separate written agreement in a form acceptable to he Y o separate agreement shall provide that Subdivider advance to City One HuntFiftyred 'on of advance shall of the appraised fair market value of the real property. Any unexpende po be refunded to Subdivider. Any additional funds required for acquisition of the al rne eproperty entall be paid by Subdivider to City upon the conveyance of said real property to Subdivider all the failure of Subdivider or City to acquire such real property excuse, waive, otherwise torminate or the Subdivider's obligation to construct the applicable improvement pursuantto thisAgreement Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements withinval ninety s (90) days and shall complete construction within omv�eted at seater dater as deterthe mined by the Agreement. Portions of the Improvements may be p City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complletC'tonstru tioy, in itssol f the Improvements within the specified time periods shall constitute cause of discretion and when it deems necessary, to declare Subdivider in defaultthis to and/or revise improvement security requirements as necessary to ensure completionof the Pr to require modifications in the .standards or sequencing of the improvements ad failure shall not otherwise in standards or conditions affecting or affected by the Improvements. affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Ma6eure. In the event that Subdivider is unable to perform within limits efoe obligationsmlimits affected due to strikes, act of God, or other events beyond frcontrol, the time by such events will be extended by theperiod 8. Time Extension. Subdivider may make application in writing to the City Council for n extension of time for completion of the Improvements. The City Council, the exin its tens on wiand th additions or revisions to the cretion, may approve or deny the request or conditionally approve terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar iextension.orm The value of the and substance to those required in SECTION 3 hereinabove, to cover the period securities shall be sufficient to ensure the performance of and payment for improvements n tcompleted in incomplete at the time of the extension, and to provide warranty security Y o Improvements. 9. Survey Monuments. Before Subdivider shall place survey monuments in accordance with the p final apPovisions of Sections oval of street r66495,�et�sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer engineer o proof that the monuments have been set, evidence of payment and receipt thereof by the erg yor 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 shale) Improvements y City, Subdivider shall submit a request for final approvalby tY be accompanied by any required certifications from Subdivider's engineers t improvements aeq o al letters from other agencies having jurisdiction over and approval authority for ed by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. 4 of T:\Project Development Division\Development Projects\Agreernents\SIA\SIAs in Progress\Coral Mountain 31681-1\0FFS1TE_S1A.doC 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. T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Coral Mountain 31681-1\OFFSITE_SIA.doc 5of7 9 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. This Agreement shall be governed by and interpreted with respect to the laws of the State of D. g California. nt, the prevailing E. In the event of any dispute between the parties with respect t0 thisfees fromtheEnon prevailing party shall be entitled to prompt payment of its reasonable attorneys party. n failure or delay by either party in asserting any of its rights and remedies o provided for any default F. Any shall not operate as a waiver of any default or of any such rights or remedies hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 i j -J.O �.-CAS► . Thomas P. Genovese, City Manager Date ATTEST: City Clerk Subdivider Coral Option I, LLC 47o god 11 40 La Quinta, CA `� D 2 By: Date Title: r/— ?'e W-��P By: Date Title: Reviewed and Approved: City ngine Date ed a o or i Atto ey Date T:\Project Development Division0evelopment ProjectsWgreements\,S1A\SIAs in Progresslcoral Mountain 31681.1\0FFSlTE_SlA.doc Exhibit A OFF -SITE SECURITY -TRACT MAP NO. 31681-1 improvements designated as "Participatory" have been or will be constructeby ofhersreleased b City for Participatory Improvements shall remain in place indefinitely until called upon o 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 ofan ten etwo partial of releases of performance security. Partial releases shall be for not al performance security nt (below the amount performance security for the tract and shall not reducal e total p necessary to complete the Improvements plus ten percent (10%) of the original I art, b amount. the City Engineer. of performance security will be evaluated and may be granted, in whole p Y 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 Avenue 58 Improvements $ 355,810 $ 355,810 Street $ - $ - Sidewalk (8ft) and Ramps $ 9,380 $ 9,380 Storm Drainage $ 1.1,0 $ 11,760 Signing and Striping $ 40,400 $ 40,400 Street Lighting $ 683,560 $ 683,560 Sanitary Sewer $ 1,0 $ 156,410 Perimeter Landscaping $ 36 6,590 $ 36,590 Perimeter Wall $ 256,040 $ 256,040 Water $ 1,549,950 $ 1,549,950 Totals Standard 10% Contingencey $ $ 155,000 1,704,950 $ $ 155,000 1,704,960 Total Construction Cost Professional Fees, Design 10% $ 170,500 $ $ 170,500 170,500 Professional Fees, Const 10% $ 170,500 No Plans Contingency 25% $ 426,240 $ 426,240 $ 294720190 $ 294729190 Bond Amount TAProject Development Division\Development Projects\AgreementslSlA\SIAs in Progress\Coral Mountain 31681-1\0FFSITE SIA.doc 7of7 ti j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Date personally appeared before me, .; MARCIA K. GREEi 4 .Qr Commission # 13789C�4 �` ` Notary Public - California z 2> Z Riverside County My Comm. E\ti 2`Tf) h3 & .07-.4eYr)%d1 Name and Tile of Officer (e.g., "Jane UFbe, 14otary Public") �S ame(s of Signer(s) W-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personW whose nameN) isldv, subscribed to the within instrument and acknowledged to me that he/shq/tNy executed the same in his/h'NTAKlpir authorized capacity(i§), and that by his/hWth* signature'N) on the instrument the person(§ or the entity upon behalf of which the person(sk acted, executed the instrument. W TNESS my hand and offi ' I seal. Signature of o ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TI . • • 1P Title or Type of Document: Document Date: % ? oo 51 vLs Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827