2022 - La Quinta 47, LLC - SIA On-Site & Off-Site (Replacement)Consent Calendar 3
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
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
Bond No. 0700281
Premium: $8,825.00
Premium is for contract term and is subject to
adjustment based on final contract price
First Term Two Years Fully Earned
Executed in: 3 Counterparts
FAITHFUL PERFORMANCE BOND
(LQMC 8.02.01 & CBC 3311)
Grading Bond
WHEREAS, the City of La Quinta, California, is prepared to issue Public Works Grading
Permit # RG2021-0006 in accordance with the La Quinta Municipal Code, and the California
Building Code which is adopted by reference, to La Quinta 47, LLC , as
Principal, whereby Principal will be authorized to perform certain grading improvements identified in
the permit, and as further detailed on the grading plans referenced therein, to privately -owned property
generally known to the City and others as _TRACT NO. 30138 ; and
WHEREAS, Said Principal is required undertheterms of the permitto furnish a bond for
the faithful performance of the grading work in accordance with the approved plans, specifications, and
permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or
eliminate any hazardous conditions that may exist.
NOW, therefore, we the Principal and HARCO National Insurance Company
, as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in
the penal sum of Four H�ndradEghlyThMo Tbous dEigtdHundmdTmAnyrour&MMf, Dollars ($ 483,824.00 ) 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 bonded 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 permit and any alteration thereof
made as therein provided, on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and shall indemnify and
save harmless the Obligee, 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 attorney's fees,
incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the permit or to the work to be performed there under or the specifications accompanying the
same shall in anywise 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 permit or to the work or to the
specifications.
Page 1 of 2
Grading Bond
Public Works Grading Permit #
Page 2 of 2
In witness whereof, this instrument has been duly executed by the Principal and Surety above
named, on November 19 2021
La Quinta 47, C
Principal
(Seal)
ignature o r i n al
Title of Signatory
HARCO National Insurance Company
Surety
(Seal) �CQ.
Signature of Surety
Rebecca Haas -Bates, Attorney -in -Fact
Title of Signatory
2400 East Katella Avenue, Suite 250
Anaheim, CA 92806
Address of Surety
(714)602-9170
Phone # of Surety
Jonathan Ortiz
Contact Person For Surety
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 11/19/2021 before me, Liliana Gomez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameKof SignerN
who proved to me on the basis of satisfactory evidence to be the persons} whose name(S). Ware
subscribed to the within instrument and acknowledged to me that helshe/tfey executed the same in
-S&& her/ wl r authorized capacity(1L*, and that by Ns/her/their signatureZt4on the instrument the person(,
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.
f
LILIANAGOMEZ WITNESS my hand and official seal.
Notary Public - California 7
i Orange County >
Commission N 2243326
My Comm. Expires May 20, 2022 Signature
Signature o Notary Pub c
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: Grading Bond No. 0700281 _ Document Date: 11/19/2021
Number of Pages: Two 2 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual 7 Attorney in Fact
❑ Trustee ❑ 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:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
`r'ks - STATE OF NEW JERSEY STATE OF ILLINOIS
ty 9pDUR9�� County of Essex County of Cook
SEAL en
,► .y 1904 �. a
Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
POWER OF ATTORNEY Bond# 0700281
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
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, RICHARD ADAIR, OWEN M. BROWN, WILLIAM SYRKIN
Irvine, 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 31st day of December, 2018
SEAL
• �', 1504
'.
.X0 ' •k
On this 31st day of December, 2018 , 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.
■�',"111 F,/� ,
E•
A' 0&''•.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
v� ........ .
�Q�: •e
New Jersey the day and year first above written.
. fy p�aUG
�LrC�1..a�L-C- V
ou
W JElk$o
Shirelle A. Outley a Notary Public of New Jersey
''OAf.,J �''
My Commission Expires April 4, 2023
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, November 19, 2021
A01115
Irene Martins, Assistant Secretary
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 November 22, 2021 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 signaturg(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.
WITNESS my hand and official seal.
*my
HAY!'iBF ALVAREZ
1� ury Publk • UlfamlaLos AngHes CountyCommission 12368693
Cantu. LVires Aug t, 2025
Signature of Notary ub c
(Seal)
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and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
(Title or description of attached document)
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Number of Pages Document date
(Additional information)
Capacity Claimed By The Signer
F1 Individual (s)
F7Corporate Officer
(Title)
ElPartner(s)
Attorney -in -Fact
Trustee(s)
El Other:
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F7 Additional Signer(s)
❑ Signer(s) Thumbprint(s)
Other
Signer's Name: Signer's Name: