2015 36791 ACM La Quinta IV-B, LLC - SIA On-Site & Off-SiteCity of La Quinto
CITY COUNCIL MEETING: August 2, 2016
STAFF REPORT
AGENDA TITLE: ACCEPT OFF -SITE AND ON -SITE IMPROVEMENTS ASSOCIATED WITH THE LA
QUINTA SQUARE COMMERCIAL DEVELOPMENT (PARCEL MAP NO. 36791) LOCATED AT THE
SOUTHWEST CORNER OF HIGHWAY 111 AND SIMON DRIVE
RECOMMENDATION
Accept the on and off -site improvements associated with Parcel Map No. 36791, La Quinta
Square; authorize staff to release the performance security; and direct staff to release the
labor and materials security 90 days after City Council acceptance of the improvements.
EXECUTIVE SUMMARY
• The La Quinta Square commercial project is located on the southwest corner of
Highway 111 and Simon Drive (Attachment 1).
• ACM La Quinta IV-B, LLC (Developer) has completed all obligations of the Subdivision
Improvement Agreement and has requested release of the performance, and labor
and materials securities.
• Staff has verified satisfactory completion of these improvements and recommends
acceptance of the on and off -site improvements.
FISCAL IMPACT
The City will maintain the signing and striping of a right turn lane into this commercial
project on Highway 111 after the one-year warranty period. Signing and striping
maintenance is estimated to be $150 annually, which will be incorporated in the Facilities
Department operating budget.
BACKGROUND/ANALYSIS
The Developer of the La Quinta Square has completed all on and off -site improvements
required by Parcel Map No. 36791. The improvements include pavement; curb and gutter;
curb ramps; sidewalk; signing and striping; storm drain; catch basins; water and sewer
improvements; landscaping; and survey monumentation. Staff inspected the
improvements and verified they meet City -approved plans and standards.
ALTERNATIVES
Acceptance of these improvements is a ministerial action necessary for the release of the
improvement securities. Since the improvements have been inspected and meet City
standards, staff does not recommend an alternative action.
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer
Attachment: 1. Vicinity Map
117
ATTACHMENT 1
PARCEL MAP NO. 36791 LA QUINTA SQUARE
HIGHWAY I i 1
SIMON DRIVE
PROJECT
SITE
VICINITY MAP
NOT TO SCALE
119
SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 36791
OFF -SITE AND ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of
by and between ACM La Quinta IV-B, 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
RECITAL&
ASubdivider has prepared and submitted to City for final approval and reicordation 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 Parcel Map No. 36791 (the "Tract") pursuant to the provisions of Section 66410, et seq. of
the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and regulations relating to the filing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the
requirements and conditions contained in Planning Commission Resolution No. 2014-034 (the
"Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is
incorporated into this Agreement by reference.
C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and
private improvements (the "Improvements").
D. The Improvements have not been installed and accepted at this time.
E. 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. In consideration of approval
of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement,
whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed Tract. Subdivider has secured
this Agreement by improvement security required by the Subdivision Laws and approved by the City.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall
furnish complete original improvement plans for the construction, installation and completion of the
Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract
shall be maintained on file in the office of the City Engineer and shall be incorporated into this
Agreement by reference. All references in this Agreement to the Improvement Plans shall include
reference to any specifications for the Improvements as approved by the City Engineer.
2. Improvements. Subdivider shall construct the Improvements required to be constructed on the
Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement
as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by
this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence,
and scheduling of construction shall be as approved by the City Engineer.
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As part of the obligation secured by each of the performance security, payment security and
warranty security, and in addition to the face amount of each such security, each such security
shall include and assure the payment of costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby
secured.
B. improvement security shall conform With Section 66499 of the California Government Code and
may be one or more of the following:
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, in a form acceptable to and approved by the City Attorney, 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 tt
require the installation of the Improvements sooner than two (2) years after recordation of tN,!
final map or Tract map for which the Improvements are required. The lien shall provide ?
collateral value of three (3) times the estimated cost of the Improvements and shall includz
the power of sale of the real property, all buildings and improvements thereon, or that may ba
erected upon or made thereto, together with all hereditaments and appurtenances thereuntit
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.
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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. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been
made a part of and incorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security.
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
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
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 Do00000)�
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.
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.
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6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection
of the public improvements by City and to the shops wherein any work is in preparation. Upon
completion of the work, the Subdivider may request a final inspection by the City Engineer or the City
Engineer's authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accordance with this Agreement, then the City
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
7. Force Ma"eure. 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.
104 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.
11. In*ury to Improvements. Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not. nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvements. All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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b. Acceptance by City of the Improvements shall not constitute an assumption by City of any
responsibility for any damage or taking covered by this paragraph. City shall not be responsible for
the design or construction of the subdivision or the improvements pursuant to the approved
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving
the plans or map, unless the particular improvement design was specifically required by City over
written objection by Subdivider submitted to the City Engineer before approval of the particular
improvement design, which objection indicated that the particular improvement design was
dangerous or defective and suggested an alternative safe and feasible design. Except as may be
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is
intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City
or a-iiv a -id all of its j;i�iolj, &pQ4 gents ("Indemnified Parties"), by virtue o c vis a rovall ind 1
anorded Dy Uovernment
remain obligated to eliminate any defect in design or dangerous condition caused by the design or
construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all
liability for design and construction of the Improvements installed or work done pursuant to this
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in
approving, reviewing or inspecting any work or construction. The Improvement Security shall not be
required to cover the provisions of this paragraph.
18. 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.
19. Severability. In the event that a court of competent jurisdiction determines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or
contractors are or shall be considered to be agents of City in connection With the performance of
Subdivider's obligations under this Agreement.
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective
addresses indicated hereon. Notices personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery or refusal indicated on the return receipt. Either party may change its address for notices
hereunder by notice to the other given in the manner provided in this subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C� Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevang
party shall be entitled to prompt payment of its reasonable attorneys'fees from the non -prevailing
party.
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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.
G. Time is of the essence in the performance of each and every provision of this Agreement
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
1. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written _i•
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Digitally signed by Frank I, 1p,-,,l
DN: serial Number= I n615nh0I 202cvmj,
-US, st-Califorma, I=La Quinta, O=Frank
J. Speyacek, —Frank J. Spovacok
Date 2015.08.26 14 02 14 -07'00'
Frank J. Spevacek, City Manager Date
ATTEST: DlgiWly signed by City of Le Quirte
DIN: 1telNmnbe16f.hzhdhsrZ93t1C-US,
st=California, Ia Quiri O=City of a Quinta,
cn-City of La Qumta
Date 2015.08 26 14:1536 07'00'
Susan Maysels, City Clerk
ACM La Quinta IV-B, LLC, a Delaware limited liability company
1800 Avenue of the Stars, Suite 105
Los Angeles, CA 900 7
By:
Kevin Daley Dat
Title Manalaina Member
By:
Date
Title:
Reviewed and Approved:
othy R. Jon so .., City Engineer Date
I
William H. lhrke, City Attorney Date
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ExhlbitA
SECURITY — PARCEL MAP NO. 36791
Ia • F:' i =i ■. i ' i;-- f:; ice: i `i ii i -., ... •;.
shall be made in writing to the City Engineer.
Labor
improvement i iPerformancei ii a Materials
ON -SITE -IMPROVEMENTS
Demolition
$
10,000
-'
Site Improvements
15,61
Grading
12,015
Erosion Control
60,470
Drainage and Storm Drain
252,67
Domestic Water
4,36
Sanitary Sewer
$
12,43
Dry Utilities
$
132,260
`
Landscaping
121,16
onumentation
5,20
OFF -SITE IMPROVEMENTS
Striping at Hwy 111 Access
$
2,500
$
2,500
Totals
909,389
2,500
Standard 10% Contingency
90,93
250
Total Construction Cost
1,000,328
$
2,750
Professional Fees, Design 10%
100,033
275
Professional Fees, Const 10%
100,033
275
Bond Amount
1,200,3943,300
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1169
A notary public or other officer completing this certificate verifies only the identity of the individual who sign d the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,
State of California
County of �s &X S
\D
On. before me, v�
Date Here Insert Name and Title of the Officer
personally appeared
a(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(%) whose name(p) is/av
subscribed to the within instrument and acknowledged to me that he/s4e/they executed the same in
his/4r/thEkir authorized capacity(iqs), and that by his/her/their signature(s) on the instrument the person(ii),
or the entity upon behalf of which the person(*) 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.
WITNESS my hand and official seal.
IN WARD
COMM.195783 1
.S A"L A 1A
Signaturc'�� "Signaturelof AtiPublic
Place Notary Seal Above — OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Title or Type of Document: ,, ------- ----- Document Date:
Number of Pages: — Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer — Title(s),
0 Partner — El Limited 0 General
El Individual El Attorney in Fact
El Trustee 0 Guardian or Conservator
El Other:
Signer's Name-
t� Corporate Officer — Title(s):
El Partner — 111 Limited El General
EJ Individual El Attorney in Fact
El Trustee El Guardian or Conservator
El Other:
npr Iq Rpnrpsentino.
6S;
(02014 National Notary Association - www. National Notary.org - 1 -800-US NOTARY (1 -800-876-6827) Item #590
Bond No. PB00224600002
Premium: $30,010.00
SUBDIVISION IMPROVEMENTS
Parcel Map No. 36791
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No.
36791 , prior to installation of certain designated public improvements required by the Conditions of
Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462)
WHEREAS, the City Council of the City of La Quinta, State of California, and
ACM La Quinta IV-B LLC hereinafter designated as ("principal") have entered into an agreement
whereby principal agrees to install and complete certain designated public improvements, which said
agreement, dated 20 , and identified as Parcel Map No. 36791
Off -Site and On -Site Improvements is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
NOW, THEREFORE, we, the principal and Philadelphia Indemnity Insurance Company as
surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of
One million two hundred thousand, three hundred ninety four and 00/100 DOLLARS ($ 1,200,394.00 ) lawful money of
the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as
therein provided, on his ortheir part, to be kept and performed at the time and in the mannertherein specified,
and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City,
its officers, agents and employees, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by
City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed hereunder or the specifications accompanying the
same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named,
on July 13 , 2015 .
(Seal)
(Seal)
ACM La Quinta IV B C
Principal
Signature Principa
Title of Signatory
Philadelphia Indemnity Insurance Company
Surety
'� CAd�amtd�U
Signature of Surety Michael Castaneda
Attorney -in -Fact
Title of Signatory
251 S. Lake Ave., Suite 360
Pasadena, CA 91101
Address of Surety
626-639-1322
Phone # of Surety
Mike Cundiff
Contact Person For Surety
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On 07/14/2015
before me, Vincent Gregory Nevills, A Notary Public
(insert name and title of the officer)
personally appeared Kevin Staley
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
VINCENT GREGORY NEVILLS
WITNESS my hand and official seal.
:.
Commission # 2039948 IL
a=m:
Notary Public - California z
Los Angeles County
M Comm. Ex ires Aug31, 2017
Signature
(Seal)
55
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Lourdes Lando, Mark Rossokopf and Michael Castaneda of
BB&T Insurance Services of CA.
Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1' day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFDC D BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013.
a`'4 .'�sazg Gz
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this Tb day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
com WEAL.THOFFESIId9Yt-�rAMIA
WrAR1AL SEAL•
DANIELLEPORATk NotaryyCou bUA'
Iuv ammwT .Mo om 2016
0a�glpp 1�9
Notary Public:
residing at: Bala Cynwyd. PA
(Notary Seal)
My commission expires: March 22, 2016
I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that
the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do
further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly
elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this l Sf 1 day of "- 20,LK_.
Tf . ti�� , Craig P. Keller, Executive Vice President, Chief Financial Officero .Se-66tary _ -
'�Y' PHILADELPHIA INDEMNITY INSURANCE COMPANY _ J -
.p2927roon'
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County Of Orange
On July 13, 2015
before me, Marilyn Bagby, Notary Public ,
Name of Notary Public, Title
personally appeared Michael Castaneda
Name of Signer (1)
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL INFORMATION
MARILYN BAGBY
0 COMM. #2106019 z
X Notary Public - California o
z o Orange County
M Comm. Ex fires A r. 6, 2o19J
et
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other:
representing:
-1 itle(s)
Name(s)ef Pers n(s) Entity(,es) Signer m Represenung
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
@ 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at vnvw.The NotarysStore.com
Bond No. PB00224600002
Premium: Included
SUBDIVISION IMPROVEMENTS
Parcel Map No. 36791
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. _
36791 , prior to installation of certain designated public improvements required by the
Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quinta, State of California, and
ACM La Quinta IV-B LLC hereinafter designated as "the principal" have
entered into an agreement whereby the principal agrees to install and complete certain designated public
improvements, which agreement, dated , 20 , and identified as
Parcel Map No. 36791 * , is hereby referred to and made a part hereof, and
WHEREAS, under the terms of the agreement, the principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound
unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code in the sum of Three thousand three hundred and 00/100
DOLLARS ($ 3,300.00 ), for materials furnished or labor thereon of any kind, orfor amounts
due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this
bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including
reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed
by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims underTitle 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
*Off -Site and On -Site Improvements
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to
the terms of the agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or
addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named,
on June 13 , 20 15 .
ACM La Qui to I -B LLC
Principal
(Seal), Sign Miirin6pal
Title of Signatory
Philadelphia Indemnity Insurance Company
Surety
(Seal) Signature Surety Michael c
Attorney -in -Fact
Title of Signatory
251 S. Lake Ave., Suite 360
Pasadena, CA 91101
Address of Surety
626-639-1322
Phone # of Surety
Mike Cundiff
Contact Person For Surety
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On 07/14/2015
before me, Vincent Gregory Nevills, A Notary Public
(insert name and title of the officer)
personally appeared Kevin Staley
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
VINCENT GREGORY NEVILLS
WITNESS my hand and official seal. commission # 203994B z
Notary Public - California n
Los Angeles County
My Comm. Ex fires Au 31, 2017
Signatu
(Seal)
58
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Lourdes Lands, Mark Rossokoof and Michael Castaneda of
BB&T Insurance Services of CA.
Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings
obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the 1" day of July, 2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFDC D BY ITS AUTHORIZED OFFICE THIS 7Ta DAY OF FEBRUARY 2013.
`��„1 �rrwrrrh.
(Seal) »» nrr *�IWO r;
elr-4--�o
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this Th day of February 2013, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
COM MMMALM OFPENN9YLMM"M
NOTARIALBUt•-
DANIRLE PORATH, Notary Pul fc
LowefMeriooTw .Mo omevCC County
my Caram�sion 1�6
Notary Public:
residing at:
(Notary Seal)
My commission expires:
b44A& §.__
Bala Cynwyd, PA
March 22 2016
I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that
the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do
further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly
elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 13 % day of JU14
Aay�`itrY
a' "•'ftG'`•., Craig P. Keller, Executive Vice Presiden Chief Financial Oggcr-&,
g t, Secretazy-, � y
PHILADELPHIA INDEMNITY INSURANCE COMPANY
. �;'..........
.....
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On July 13, 2015
personally appeared
before me, Marilyn Bagby, Notary Public ,
Name of Notary Public, Title
Michael Castaneda
Name of Signer (1)
Name of Sionen (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signatufe of Nota)y Publir,
OPTIONAL INFORMATION
J SMARILYN BAY
COMM. #2106019 z
z GBNotary Public - California o
Orange County
MX Comm. Expires Apr. 6, 2019
eai
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of
this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -fact
❑ Corporate Officer(s)
■
1
1
Guardian/Conservator
Partner- Limited/General
Trustee(s)
Other:
representing:
f.i,1e(s)
Nameis)of Pefsonks) `cnpt: t( l9,gner is Representuig
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible witnesses)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
(0 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at vnvw.TheNotarysStore.com
TO: Frank Spevacek, City Manager
FROM: Timothy R. Jonasson, P.E., Public Works Director/ City Engineer
Bryan McKinney, P.E., Development Services Principal Engineer?��--11��
IATE: August 25, 2014
RE: Subdivision Improvement Agreement for La QUinta Square
Parcel Map No. 36791
Attached for your signature is the Subdivision Improvement Agreement with ACM La
Quinta IV-B, LLC for the offsite and onsite improvements of Parcel Map No. 36791.
Please sign the attached agreement and return it to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
Contract payments will be charged to account number:
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
— no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does
not meet the definition in FPPC regulation 18701 (2).
Authority to execute this agreement is based upon:
-X- Approved by the City Council on July_21, 2015
— City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
— City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
— City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000 = 10% max, contracts over $100,000 = $25,000 max
The following required documents are attached to the agreement:
— Insurance certificates as required by the agreement (initialed by Risk Manager on date/
-X- Performance bonds and Labor & Materials bonds as required by the agreement (originals)
X City of La Quinta Business License (copy or note number & expiration date here 763079 exp 813112016
Ott o,� NI'l