2009 - 33336 Standard Pacific Group SIA On-SiteTjhf 4 4 a"
COUNCIL/RDA MEETING DATE: December 21, 2010
ITEM TITLE: Adoption of a Resolution to Extend the
Time for Completion of the On -Site Improvements for
Tract Map No. 33336, Palo Verde II, Standard Pacific
Corp.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a resolution to extend the time for completion of the on -site improvements as
specified in the approved Subdivision Improvement Agreement (SIA) to February 18,
2012 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Palo Verde (Tract Map No. 33336) is located on the north side of Avenue 58 and west
of Madison Street (Attachment 1).
On February 18, 2009, the City and Standard Pacific Corp. entered into an SIA for
Tract Map No. 33336, Palo Verde II. Section 6 of the SIA requires: "that the
subdivision improvements shall be complete within twelve months after the approval
of the SIA. 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
SIA, to revise improvement security requirements as necessary to ensure completion of
��1
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.response to changes in standards or conditions affecting oraffected by the
improvements. "
In a letter dated December 2, 2010 (Attachment 2), the developer states that the
current housing market conditions have resulted in a considerable slow down of the
construction schedule for this neighborhood. Construction of the on -site
improvements has not commenced. The developer states construction activity has
been halted until the new home market rebounds. Therefore, the developer requests a
time extension for completion of the on -site improvements. Staff has prepared the
attached resolution which provides for approval of a time extension of the SIA for on -
site improvements to February 18, 2012.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council to extend the time for completion of the
on -site improvements as specified in the approved SIA to February 18, 2012 for
Tract Map No. 33336, Palo Verde ll, Standard Pacific Corp.; or
2. Do not adopt a Resolution of the City Council to extend the time for completion
of the on -site improvements time as specified in the approved SIA to February
18, 2012 for Tract Map No. 33336, Palo Verde II, Standard Pacific Corp.; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ti othy R. J
ublic Works irec /City Engineer
Approved for submission by:
vThomas P. Genovese, City Manager
092
Attachments: 1. Vicinity Map
2. Letter from Standard Pacific Homes dated December 2,
2010
093
ATTACHMENT 1
TM 33336 PALO VERDE II
NITY MA
NOT TO SCALE
", 096
ATTACHMENT 2
STANDARD PACIFIC HOMES
December 2, 2010
Timothy R. Jonasson, PE
Public Works Director/City Engineer
CITY OF LA QUINTA
78-450 Avenida La Fonda
La Quinta, CA 92253
Re: Request for Time Extension of Improvements
Tract map No. 33336 — Mirage of La Quinta (a.k.a. Palo Verde)
Subdivision Improvement Agreement (SIA), On -site Improvements
Dear Mr. Jonasson,
Pursuant to Section 8 of the Subdivision Agreement for Tract Map No. 33336, this letter is
intended to serve as our application to the City Counsel for anextension of time for completion
of the on -site improvements. The current housing market conditions have resulted in a
considerable slow down of the construction schedule for this neighborhood from our original
business plan which had the neighborhood being completed in 2010.
It should be noted that the improvements for this tract have not commenced, with the exception
of the basin landscaping, as they were placed on hold do to the downturn in the housing
market. Due to the current market conditions we requested an extension of the SIA as
construction activity has been halted until the new home market rebounds. Our current
anticipation is potentially two to three years before the market recovers in the area. It is my
understanding that two year extensions are not granted for SIA's, however we would like to
propose a two year extension again as these improvement do not negatively impact the existing
residents along Rosewood Court.
Improvement
% Complete
Schedule
Completion
Street
0
June 2014
Storm Drain
0
June 2014
Domestic Water
0
June 2014
Sewer
0
June 2014
Dry Utilities
0
June 2014
Basin Landsca in
100
N/A
Monumentation
0
June 2014
If you have any questions, please feel free to contact me at (949) 789-1716.
26 Technology, Irvine, CA 92618 1 TEL 949.789-1600 I F -AX 949.7.89.1609 1 wim standarApaeifiohomer.mnr
Mr. Timothy R. Jonasson
Re: Tract map No. 33336 Request for Time Extension of Improvements
December 2, 2010
Page 2 of 2
Sincerely,
STANDARD PACIFIC HOMES
DigKagy signed EY Sean Doyle
5��� DOy� ONW,ouanDoyleW.age,.
ira Sean
Doyt Manage,
'sdoyle®sdnlaac .SUS
;j Date: 2010.110221:1 e:t"WW
Sean Doyle
Project Manager
Cc: Michael Battaglia, Standard Pacific Homes
Ed Wimmer, City of La Quints
Amy Yu, City of La Quinta
O:\PROJECT MANAGEMENT\PROJECTS\CURRENT\COACHELLA VALLEY NEIGHEORHOODS\PALO VERDE\C-2 CITY -COUNTY CORRESP\C-23 CITY ENG
CORRESP\TR 32229\TR 3222951A EXTENSION REQUEST DUNE 9'1400C
26'I'echnology, Irvine, CA 92618 1 TEL 949.789-1600 1 FAX 949.789.1609 1 mnm.standasdpaaifyehometeom
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 33336
ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT A EEMENT (the "Agreement") is made and entered into this
lg� day of �• I 2009
by and between Standard Pacific Corp a Delaware Corporation her after 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. 33336 (the "Tract") pursuant
to the provisions of Section 66410, at 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.
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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 ofcredit 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
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 &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
3 W 7
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
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
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.
4on
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.
smr
Exhibit A
SECURITY — TRACT MAP NO.33336
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
Rough Grading/PM10/SWPPP
$
Street
$
130,930
Storm Drain
$
54,300
Domestic Water
$
47,310
Sewer
$
49,345
Dry Utilities
$
23,376
Basin Landscaping
$
47,725
Monumentation
$
1,000
Totals
$
353,986
Standard 10% Contingency
$
35,399
Total Construction Cost
$
389,385
Professional Fees, Design 10%
$
38,938
Professional Fees, Const 10%
$
38,938
Bond Amount
$
467,262
Labor & Materials
7 of
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing
party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing
party.
F Any failure or delay by either party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
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 Quints, CA 92253
� /760/777-7075
Thomas P.,Genovese, City Manager
Local Address
Standard Pacific Corp.
15326 Alton Pkwy
Irvine, CA 92618
2-11a
Date
2- ,1/')✓ 0)?
Title Authorized Representative Date
By.
Title:
Authorized epresentative Dtb
Revi ed and proved:
IZ 09
City ngineer Date
Appro ed as o Form:
/6' 6 y
AitAttorrtiay Date
6 of
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On November 25, 2008 before me, Kathleen M. Villari, Notary Public,
personally appeared Michael C. Battaglia and Ted. T. Mckibbin, who proved
to me on the basis of satisfactory evidence to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their
signatures on the instrument the persons, or the entity upon behalf of which
the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
r".; ` Knn+lEEN M. ML APo
WITNESS my hand and official seal. N,°vyRM+ ?" _
WORANGECM11M
Wi poll
Signature
(Seal)
SECRETARY'S CERTIFICATE
OF
STANDARD PACIFIC CORP.
I, the undersigned, hereby certify that I am Gina D. Delao, Assistant Secretary of
Standard Pacific Corp., a company duly organized and existing under the laws of the State of
Delaware (the "Comnanv").
I further certify that the following Resolutions were duly adopted by the Executive
Committee of the Board of Directors of the Company on May 9, 2007, are now in full force and
effect, and have not been amended, modified or revoked:
Standard Pacific of Orange County
RESOLVED, that notwithstanding the fact that the Orange County division of this
Company is not a separate legal entity, the following individuals will serve as officers of the
division indicated, in replacement of any and all officers previously designated:
Edward T. McKibbin
Division President
Gary L. Carlson
Senior Vice President - Operations
Karen R. Spargo
Senior Vice President - Sales & Marketing
John C. Atherton
Vice President - Urban Construction
Michael C. Battaglia
Vice President - Project Development
Brian K. Bencz
Vice President — Purchasing & Land Development
David J. Bulloch
Vice President — Operations
William C. Fischel
Vice President - Project Development
Gary A. Jones
Vice President - Land Acquisition
Belinda M. Lasater
Vice President - Finance
Barbara A. Trachy
Vice President - Sales
Douglas G. Campbell
Director of New Home Warranty
Kama L. Pryor
Director of Design Studio
Johnna Dalby
Land Development Manager
Jill Fulkerson
Controller
Kelly Moore
Assistant Sales Manager
Leslie A. Goodale
Escrow Manager
Cheryl Kelly
Escrow Manager
Royal Erickson
Purchasing Agent
Larry T. Atkinson
Purchasing Agent
Charles L. Mauvezin
Purchasing Agent
Sandra D. Mindt
Purchasing Agent
RESOLVED FURTHER, that the above -listed persons be, and each of them hereby is,
authorized to negotiate, approve, execute and deliver, either as designated officers of the division
or as authorized representatives of the Company, warranty deeds, land purchase and option
agreements, joint venture agreements, financing agreements, development, land use and other
entitlement applications and agreements, and all other agreements and documents relating to the
real estate development and construction business conducted by this Company, in such counties
or areas in which such division may from time to time conduct business; and
0705035CFI
RESOLVED FURTHER, that the above -listed persons be, and each of them hereby is,
authorized and directed to execute, deliver and file, as appropriate, such certificates, affidavits,
agreements and other documents, including a Fictitious Business Name Statement identifying
such person's division as a division of this Company, and such other documentation as may be
deemed necessary, desirable or appropriate to effectuate the purposes of these resolutions.
IN WITNESS WHEREOF, I hereunto subscribe my name and affi the seal of the
Company on this May 31, 2007. 1___) \
p ,�ODRPPAj Gina D�el"a�o,C/p
(SEAL) ORgTp
o9
1991 `
0705035CH
T-af 4 4 Q"
COUNCIL/RDA MEETING DATE: January 20, 2009
ITEM TITLE: Adoption of a Resolution Granting
Conditional Approval of a Final Map and Subdivision
Improvement Agreement for Tract Map No. 33336,
Standard Pacific Corp.
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: �d—
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council granting conditional approval of a Final Map and
Subdivision Improvement Agreement (SIA) for Tract Map No. 33336, Standard Pacific
Corp.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Tract Map No. 33336 is located north of Avenue 58 and west of Madison Street
(Attachment 1). This residential development will consist of 23 residential lots; on
approximately 8.00 gross acres (Attachment 2).
On July 19, 2005, the Council approved Final Tentative Tract Map 33336. The
Planning Director granted the first time extension based on Assembly Bill 1185. The
map has been extended to July 19, 2009.
The developer has requested the City Council's conditional approval of the Final Map
(Attachment 2) which will allow thirty (30) days for completion of its processing. To
date, the SIA (Attachment 3) has been executed by the developer and the associated
securities have been submitted to the Public Works Department. The Final Map is
166
technically complete and is being routed for signatures. It is expected that all items
and all signatures will be in place within the time allowed for its conditional approval.
As a result, City staff has prepared the attached Resolution which provides for
conditional approval of the Final Map and SIA. The approval is contingent upon receipt
within thirty (30) days (February 19, 2009), of a technically correct Final Map, suitable
for recording by the County Recorder, with all required signatures (except the City
Clerk) and required items. Once these items are received, the City Clerk will affix the
City Seal to the Final Map and offer the Final Map for recording by the County
Recorder. If any of the required items are not received by City staff within the
specified time frame, the Final Map will be considered disapproved and will be
rescheduled for City Council consideration only after all required items have been
received.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council granting conditional approval of a Final
Map and Subdivision Improvement Agreement for Tract Map No. 33336,
Standard Pacific Corp.; or
2. Do not adopt a Resolution of the City Council granting conditional approval of a
Final Map and Subdivision Improvement Agreement for Tract Map No. 33336,
Standard Pacific Corp.; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ti othy R. Jo ass n P.E.
ublic Works Dire r/ City Engineer
Approved for submission by:
l
Thomas P. Genovese, City Manager
167
Attachments: 1. Vicinity Map
2. Tract Map
3. Subdivision Improvement Agreement
168
ATTACHMENT 1
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ATTACHMENT 2
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