HomeMy WebLinkAbout2022 - 30138 Diamante - La Quinta 47, LLC - SIA On-Site (Replacement)Consent Calendar 3
City of La Quinta
CITY COUNCIL MEETING: February 15, 2022
STAFF REPORT
AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT
SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A
RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52
WEST OF MADISON STREET
RECOMMENDATION
Approve the On-Site and Off-Site Replacement Subdivision Improvement
Agreements for Tract Map No. 30138 and authorize the City Manager to
execute said agreements.
EXECUTIVE SUMMARY
•In 2006, the original developer of this tract, La Quinta Developers, LLC,
recorded a final map and executed on-site and off-site Subdivision
Improvement Agreements (SIAs). During the economic downturn, they
lost the property through foreclosure after completing some, but not all,
of the improvements.
•La Quinta 47, LLC (New Developer) has recently acquired interest in the
property and desires to enter into replacement of on-site and off-site
SIAs and bonds for the design and construction of the remaining public
and private improvements associated with this tract.
•The replacement SIAs and bonds will ensure construction and acceptance
of the remainder of the improvements for this tract.
FISCAL IMPACT – None
BACKGROUND/ANALYSIS
Tract Map No. 30138 is a residential development located at the north side of
Avenue 52 west of Madison Street (Attachment 1). Some of the on-site
improvements have been installed, including a portion of the onsite water and
sewer improvements and a portion of the rough grading. No homes have been
built in the tract. Remaining off-site improvements include sidewalk,
landscaping, and signing and striping.
Staff has reviewed the on-site and off-site improvement plans from the New
Developer. The remaining on-site improvements include storm drain, sewer,
water, street, walls, dry utilities, landscaping, and setting monumentation. The
remaining off-site improvements include installing sidewalk, signing, and
striping, landscaping, and setting monumentation. The attached replacement
CONSENT CALENDAR ITEM NO. 3
23
SIAs (Attachment 2) replace La Quinta Developers, LLC, with La Quinta 47, LLC
as obligee for the construction and guarantor of the remaining on-site and off-
site improvements.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Replacement Subdivision Improvement Agreements
(On-Site and Off-Site)
24
V I C I N I T Y M A P
NOT TO SCALE
Tract Map No. 30138
25
ta Quigra
CALIFORNIA
MEMORANDUM ----
Date: March 31, 2026
To: Monika Radeva, City Clerk
From: Amy Yu, Associate Engineer'
Re: Reduction Bond Rider, Tract Map 30138, Diamante
Please attach the new reduction bond riders to the existing performance bond for TM 30138.
Please find enclosed the new reduction bond rider (reduced amount) which will secure the
completion of the remaining improvements.
The amount and addresses to the developer and the surety company are as follows:
TRACT No. 30138
Bond Number
Performance Security
Reduced Performance Amount
0700287
$1,788,409
$370,325
Developer: Mr. Patrick Diaz
Crestwood Communites
510 W. Citrus Edge St
Glendora, CA 91740
If you have any questions, please contact me at extension 7047.
Thank You.
CAI IFORNIA
IF IC
—► Surety
BOND RIDER
To be attached to and form a part of Bond No 0700287
Dated The 21 st
La Quinta 47, LLC
�d4RC0
IJarrcNa: rasunn.vice Cc;nv�rry
Day of January, 2022 By and Between:
, as Principal, and
Harco National Insurance Company as Surety, in favor of
of La Quinta
, as Obligee.
It is understood and agreed that the bond is changed or revised in the particulars checked below:
❑ Name of Principal changed to:
❑x Amount of Bond changed from $1,788,409.00
to $370,325.00
❑ Other
Said bond shall be subject to all its terms, conditions and limitations, except as herein expressly
modified. This bond Rider shall become effective as of Febru
IN WITNESS WHEREOF, Harco National Insurance Company
corporate seal to be hereunto affixed this 7th
7.2025
has caused its
day of February 2025
Princi Quint 47, LC
By:
Harco National Insurance Company
By: ►
Rebecca Haas -Bates, Attorney -in -Fact
IFIC BOND RIDER 10/15/2008
California All -Purpose
Certificate of Acknowledgement
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 February 10, 2025 before me, Haydee Alvarez - Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Kathleen A. Garvey
Name(s) of Signer(s)
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 ep rson(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.
MAN ah
HAYDEEALVAREZ
Hoary Public • CatifaMa ii
Los Artplas County s
Commission N 236aL93
My Cortrm. Expires Au/ t, 2025
WITNESS my hand and official seal.
Public
(Seal)
OPTIONAL INFORMATION
Although the information below is not required by law, it may prove valuable to persons re ' rg on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document date
(Additional information
Capacity Claimed By The Signer
FJ Individual (s)
Corporate Officer
(Title)
El Partner(s)
Attorney -in -Fact
El Trustee(s)
Other:
1
El
Additional Signer(s)
Signer(s) Thumbprint(s)
Other
Signer's Name: Signer's Name:
II�� _ r rr
�d'v" r v�Jh daRv" r vow `,...�,.a.5 �d `.✓'.ct-� "ra^,.�.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 118"S'
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 02/07/2025 before me, Alma Karen Hernandez, Notary Public
Date
personally appeared Rebecca Haas -Bates
Here Insert Name and Title of the Officer
NameKof Signer(*
who proved to me on the basis of satisfactory evidence to be the person(* whose name(* is/are
subscribed to the within instrument and acknowledged to me that he/she/that[ executed the same in
PlWher/thair authorized capacity i*, and that by hWher/their signature4on the instrument the person(*
or the entity upon behalf of which the personN acted, executed the instrument.
ALMA KAREN HERNANDEZ
votary Public ' California
Z Orange County D
Commission ; 2390908
-� My Comm. Expires Jan 16. 2026
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 -
Signature of Notary Public
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.
Description of Attached Document
Title or Type of Document: Rider to Bond No. 0700287 Document Date: 02/07/2025
Number of Pages: One I Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual W Attorney in Fact
❑ Trustee O Guardian or Conservator
❑ Other:
Signer Is Representing:
HARCO National Insurance Company
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
POWER OF ATTORNEY Bond# 0700287
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
REBECCA HAAS-BATES, WILLIAM SYRKIN
Orange, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31 st day of December, 2023 .....n..m,,;
Lae ,. i�.�S♦U'A 'er�
STATE OF NEW JERSEY STATE OF ILLINOIS ; �Cf�Yt►r�Rgy"'�n
County of Essex County of Cook ; ;P ri d'
SEAL. �
C? 1984
Michael F. Zurcher
Executive Vice President, Harco National Insurance Company "r�•jeeE°
and International Fidelity Insurance Company
On this 31 st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
f1Y CR IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
°C,P • ' �� New Jersey the day and year first above written.
�OTARy
�Oc NEON ° Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16, 2029
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 7, 2025
A01115
Irene Martins, Assistant Secretary