2022 - 38188 Sunrise LQ, LLC - SIA On-SiteMEMORANDUM ta Qa�&a
(::11JIA)KNIA
DATE: October 18, 2022
TO: Monika Radeva, City Clerk
FROM: Amy Yu, Associate Engineer
RE: Subdivision Improvement Agreement for On -Site Improvements for Tract Map 38188,
Andalusia
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
IV] Approved by City Council on October 18, 2022 Consent 4
❑_ City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
❑ Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
❑_ Bid F-1. RFP F-1 RFQ E_ 3 written informal bids
QSole Source ❑ Select Source Cooperative Procurement
Reauestina department shall check and attach the items below as auurouriate:
❑_ Agreement payment will be charged to Account No.:
Agreement term: Start Date October 18, 2022 End Date N/A
Amount of Agreement, Amendment, Change Order, etc.: $
REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑ Insurance certificates as required by the Agreement for Risk Manager approval
J r I_
NOTE;
MM
Approved by:
N/A
Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. N/A Expires:
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 38188
ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
18th day of October 120 22
by and between Sunrise LQ, LLC, a Delaware limited liability company, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred to as "City."
RECITALS:
A. Subdivider has prepared and submitted to City for final approval and recordation 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. 38188 (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. 2022-008 (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:
1. 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.
3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this
Agreement by furnishing to City, and maintaining, good and sufficient security as required by the
Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:
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
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fees. The performance security shall also include good and sufficient security in the amount of
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council. 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.
B. Improvement security shall conform with Section 66499 of the California Government Code and
may be 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, 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 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.
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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
($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real
property and administer the agreements over the life of the lien, all of which require legal
assistance and financial advice, Subdivider shall pay to City an administration fee of One Half
of One Percent (0.5%) of the estimated cost of the improvements secured but not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory
Improvements shall remain in place until the Participatory Improvements are constructed and
actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost
of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of
Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty
security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in
replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit
said cash within 30 days of the date of the written demand from City, City may present a written
demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City
the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason,
including non-payment of premiums, modifications of this Agreement and/or expiration of the time
for performance stated in this Agreement.
G. Security shall be released in the following manner:
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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 Section 10 of
this Agreement.
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) No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
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
security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys' fees.
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.
5. 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.
6. Completion of Improvements; Inspection.
6.1 Construction 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
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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.
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 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.
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 set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Iniury 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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12. 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.
13. 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. If within the warranty period any work or improvement or part of any
work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed
or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the
improvement plans and specifications referred to herein, Subdivider shall without delay and without
any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or
parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this
requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20)
days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to
pay the cost of such work by City. Should City determine that an urgency requires repairs or
replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the
necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the
cost of such repairs
14. 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.
15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed, or commenced and diligently pursued, 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.
16. Iniury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or
have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities
facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any
work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs
of any and all public or public utility property damaged or destroyed by reason of any work done
under this Agreement, whether such property is owned by the United States or any agency thereof, or
the State of California, or any agency or political subdivision thereof, or by City or any public or
private utility corporation or by any combination of such owners. Any repair or replacement shall be to
the satisfaction, and subject to the approval, of the City Engineer.
17. Indemnification.
a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in part, the design of construction of the Improvements. This indemnification and
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
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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 any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval
of the plan or design of the Improvements, including without limitation the protections and immunities
afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall
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.
21. 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.
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.
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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.
I. 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 above.
CITY City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
n McMillen, City M Hager
ATTEST: I „ .9 A
Monika Radeva, City
Sunrise LQ, LLC, a Delaware limited liability company
By: �?i /<
Print Name:PA ", ��_p K •'J-; '►"
Title: P�-�s��d-�h t
By:
Print Name
Title:
Reviewed and Approved:
Bry, McKinney, P.E., City gineer
Approved as to Form:
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William H. Ihrke, City Attorney
Date
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Date
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Exhibit A
SECURITY — TRACT MAP NO. 38188
Improvements designated as "Participatory" have been or will be constructed by others. Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
released as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of
performance security. Partial releases shall be for not less than ten percent (10%) of the total
performance security for the Tract and shall not reduce total performance security below the amount
necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases
of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer.
Requests for partial releases, setting forth in detail the amount of work completed and the value thereof,
shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required Tract improvements are
complete and accepted by the City Council.
Improvement Description Performance
Labor & Materials
Grading
$
100,070
$ -
Street
$
663,633
$ -
Storm Drain
$
107,930
$ -
Signing & Striping
$
13,000
Water
$
428,605
$ -
Sewer
$
146,595
$ -
Dry Utilities
$
175,500
$ -
Landscaping
$
529,950
$ -
Monumentation
$
15,000
$ -
Totals
$
2,180,283
$ -
Standard 10% Contingency
$
218,028
$ -
Professional Fees, Design 10%
$
218,028
$ -
Professional Fees, Const 10%
$
218,028
$ -
Bond Amount
$ 2,834,367
W
9 of 9
Bond No. 0811854
Premium:$51,699.00
SUBDIVISION IMPROVEMENTS
Tract Map No. 38188
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No.
38188 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
Sunrise LQ, 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 Tract Map No.
38188 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 Harco National Insurance Company as
surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of
Two million eight hundred thirty four thousand three hundred sixty seven DOLLARS ($$2,834,367.00 ) 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 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 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 attorney's fees,
incurred by City 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 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 September_ 16, 2022. Sunrise LQ, LLC a Delaware limited liability company
By: Andalusia Capital Partner, LLC its Sole Member
By: Sunrise ACP, LLC its Manager
P , cipal
A��
(Seal) Signature o rincipal
Pf-eT-.001e-A-Lt
Title of Signatory
Harco National Insurance Company
S"ofSure-t—y--�Wathe'r
(Seal) nature M. Valtier
Attorney In Fact
Title of Signatory
2400 East Katella Avenue, Suite 250
Anaheim, CA 92806
Address of Surety
877-395-7887
Phone # of Surety
Steve Kane
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 Riverside
On September 20, 2022 before me,
Date
personally appeared Phillip K. Smith, Jr.
JUANITA M. A. GAMA
�r Notary Public - California
S4 ; Riverside County
Cornfnission N 2274810
My Canon, Expires Feb 7, 2023
Place Notary Seal Above
Juanita M.A. Gama, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the personN whose name(s) is/
aTe subscribed to the within instrument and
acknowledged to me that he/Sine/they executed
the same in his/hXr/their authorized capacity
(ids), and that by his/her/their signature(S) on the
instrument the person(s), or the entity upon
behalf of which the personN 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:
Signature of Notary Public
OPTIONAL
Though the information below is nor required by law, it may prove valuable to persons relying on the
documentand could prevent fraudulent removal and reattachmentof this form to another document.
Further Description of Any Attached Document
Title or Type of Document: Performance Bond - Tract Map No. 38188, Bond No. 0811854
Document Date:
Signer(s) Other Than Named Above: n/a
Number of Pages: 3
N �f/� STATE OF NEW JERSEY STATE OF ILLINOIS
r 4��p0'�1�� County of Essex County of Cook
SEAL m
-
1E�5 a� Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
POWER OF ATTORNEY Bond# 0811854
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
SKYLAR ROMINES, MICHAEL J. PERRY, ROBERT RANALLO, SANDRA L. SIKORA, DANA
DOWERS, HEATHER M. VALTIER, RAY CHAO
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
�0 0POR,�9gtCi�
SEAL a1984
a6' 41NON •'da
On this 31 st 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.
+'% %6+Arp.,�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
W JERr',0" Shirelle A. Outley a Notary Public of New Jersey
�t111111 +% CERTIFICATION My Commission Expires April 4, 2023
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, September 16, 2022
A01718
Irene Martins, Assistant Secretary
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 04 L�2 before me, Megan Elizabeth Graham , Notary Public,
(Here insert name and title of the officer)
personally appeared Heather M. Valtier
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.
Md604 ELIZABETH GRAHAM
TNESS y hand and official eal. Nnt�ry Public •California
,�t OranBeCounty
Commission N 2390660
M� Comm, Exolres Jan t 3, 2026
ature ❑ N tary Pub 1 (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE 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
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
0 Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
lie/she/they; is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc. —All Rights Reserved www.TheProLinkcom —Nationwide Notary Service
Bond No. 0811854
SUBDIVISION IMPROVEMENTS
Tract Map No. 38188
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 Tract No. 38188
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
Sunrise LQ, 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
Tract Map No. 38188 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 Twe million eight hundred thirty four thousand three hundred sixty seve
DOLLARS ($ $2 834.367.00 ), for materials furnished or labor thereon of any kind, or for 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 under Title 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.
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 _ September 16 20 22. Sunrise LQ, LLC a Delaware limited liability company
By: Andalusia Capital Partner, LLC its Sole Member
By7unup,,AQP-- JS.1t� MaDa9er
P al
(Seal) Signature of incipal
riV4,1k%, f-
Title of Signatory
Harco ation nsurance Com an
Sr
(Seal) ig a ure ety Heather M. Valtier
Attorney -In -Fact
Title of Signatory
2400 East Katella Avenue, Suite 250
Anaheim, CA 92806
Address of Surety
877-395-7887
Phone # of Surety
Steve Kane
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 Riverside
On September 20, 2022 before me,
Date
personally appeared Phillip K. Smith, Jr.
Juanita M.A. Gama, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(sY whose name(2) is/
apd subscribed to the within instrument and
acknowledged to me that he/sXe/tWey executed
the same in his/4er/th6ir authorized capacity
(ip-!5), and that by his/haerf/tl eir signature(s) on the
instrument the personal, or the entity upon
behalf of which the person(s)- acted, executed
the instrument
I certify under PENALTY OF PERJURY under the
JUANITAM. A. GAMA -i laws of the State of California that the foregoing
Notary Public - California
Riverside County i., paragraph is true and correct.
Commission N 2274810
My Comm. Expires Feb 7, 2023
WITNESS my hand and official seal.
Signature:
Place Notary Seal Above !I Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
Further Description of Any Attached Document
Title or Type of Document: Labor and Material Bond - Tract Miq) No. 38188, Bond No. 0811854
Document Date:
Signer(s) Other Than Named Above: n/a
Number of Pages: 3
POWER OF ATTORNEY Bond# 0811854
HARCO NATIONAL INSURANCE COMPANY
0t ly,y�/r STATE OF NEW JERSEY STATE OF ILLINOIS
r 4Y'PC �! County of Essex County of Cook
SEAL
19044 -�
5
JE � Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity 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
SKYLAR ROMINES, MICHAEL J. PERRY, ROBERT RANALLO, SANDRA L. SIKORA, DANA
DOWERS, HEATHER M. VALTIER, RAY CHAO
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 31 st day of December, 2018
:•��atG� v A,t�fi?nfi
�x= SEALJ
On this 31 st 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.
�'" I ff IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
t{c�'L •00j' New Jersey the day and year first above written.
Q� �EXPI
+' a Sig ti0
W �E�iS�,, 5hfrelle A.Outley a Notary Public of New Jersey
CERTIFICATION My Commission Expires April 4, 2023
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, September 16, 2022
A01718
Irene Martins, Assistant Secretary
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 �1AgaD-- before me, Megan Elizabeth Graham , Notary Public,
(Here insert name and title of the officer)
personally appeared Heather M. Valtier
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.
hand and
Signature
_ +AEGAH ELIIAf)ETH GRAHAM
- i kotnry Public - Celllornia
Ciranpe County
commission A 2D90660
Mr Comm, Expires Jan 12, 2026 -
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE 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
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑✓ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they,,- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
C 2004-2015 ProLink Signing Service, Inc, — All Rights Reserved www.TheProLink.com — Nationwide Notary Service
CONSENT CALENDAR ITEM NO. 4
City of La Quinta
CITY COUNCIL MEETING: October 18, 2022
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE FINAL TRACT MAP AND
SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP
NO. 38188, LOCATED NORTH OF AVENUE 60 AND EAST OF MADISON
STREET, WITHIN THE ANDALUSIA AT CORAL MOUNTAIN DEVELOPMENT
RECOMMENDATION
Adopt a resolution approving Final Tract Map and Subdivision
Improvement Agreement for the Andalusia residential development
associated with Tract Map No. 38188; and authorize the City Manager to
execute the agreement.
EXECUTIVE SUMMARY
• Sunrise LQ, LLC (Developer), developer of Andalusia, has requested
approval of a Final Tract Map.
This is a ministerial action that occurs when the conditions of
development are satisfied or secured through agreement.
FISCAL IMPACT • None
BACKGROUND/ANALYSIS
The project is a residential development located on the south part of Andalusia
just north of Avenue 60 and east of Madison Street (Attachment 1). The Final
Tract Map subdivides a 26-acre vacant parcel into 50 single-family lots and
six private street and open space lots. The Developer seeks approval of the
Final Tract Map (Attachment 2) and Subdivision Improvement Agreement
(Attachment 3). The Developer has executed the Subdivision Improvement
Agreement and submitted a bond to secure the conditioned on -site
improvements. The Final Tract Map has passed technical review by the City
Surveyor and has been signed by the Developer.
21
ALTERNATIVES
Staff does not recommend an alternative action.
Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Tract Map 38188
3. Subdivision Improvement Agreement
22
ATTACHMENT 1
TRACT MAP NO. 38188
� lw
54TH AVE. lcn
AIRPOR1f BLVD.
58TH AVE.
W �7lz
w
cn —Z[ 60TH AVE.
PROJECT SITE
82 N D AVE.
VICINITY MAP
NOT TO SCALE
25
ATTACHMENT 2
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27
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 38188
A PORTION OF PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2021-0011 AND PORTIONS OF
THE SW 114 OF THE SE 114 AND THE SE 114 OF THE SW 114 OF SECTION 27.
TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M.
WATSON ENGINEERING
MARCH, 2022
SHEET 2 OF 7 SHEETS
99 \ \i � 109
AVE.
f08
119 / /
139 \
56TH
100 /
/
10]
106
120
138 1]8 11
AIRPOR BLVD,
f 01
TRACT NO. 31681-3, \ —
121 / /
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AMENDMENT NOLA Ins
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/ / 137
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122
136
180
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38
135
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TRACT NO. 31681-3, 124
/ 133
AMENDMENT N0.4
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82ND AVE. 41
/
� � CENTER OF SECTION LINE
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MB 469/18-32 /
125
132
FAR CEL"D" lea
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LLA NO. 2021-0011 /
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VICINITY MAP 42
84 /
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-- LOTB -----
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BASIS OF BEARINGS: 28 27
— — — —
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AVENUEfiO — — — <N 69'd]'29'E 2060.49'>
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— —I� — / _ <N 69°4T29"E 588.Bs'> 27 26
THE BASIS OF BEARINGS FOR THIS SURVEY IS 33 34
<N 89°d]'47"E 2654.43'>
I
<N 89°47'29'E 249.34'>
BASIS OF BEARINGS
M
I
1$ �+
34 35
THECENTERLINEOFAVENUESOPERTRACT
NO, 31681-3, M8 42011-15, BEING N B9°4T29"E.
ACCEPTED AS SOUTH1154 COR.
F F
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TAGGED RCE 13191
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EASEMENT NOTES:
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L zl BUREAU OF REC gMATION
V
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ENGINEER'S NOTES:
SIN
VIA
z a 0 1946, ACCEPTED AS S.E. COR.
V' ~
"RCE13191",PER
10'PUBUC UTILITY EASEMENT TO THE CITY OF LA QUINTA, 19 IMPERIAL IRRIGATION
DI STRICT EASEMENT DEDICATED HEREON, AND ,VPRIVATE DRAINAGE EASEMENT
LINE TABLE
SEC. 27 PER MB 620/1-15
w
O. INDICATES FOUND LEAD AND TACK, STAMPED TRACT NO.
31681-3, M.B. 420/1-15
RESERVED HEREON.
LINE
BEARING
LENGTH
A 10.00' WIDE EASEMENT FOR DOMESTIC WATER AND SANITATION PURPOSES IN FAVOR
I N
INDICATES FOUND MONUMENT AS NOTED 2
OF COACHELLA —EY WATER DISTRICT, DEDICATED HEREON.
L2
N-121—
11392
LINE TABLE
INDICATES SET I-I.P.,FLUSH,TAGGED"R.C.E. 26662", UNLESS OTHERWISE
O 0
AN EASEMENT OVER LOTS"C','D",'E',"I',AND'0' DESIGNATED STREET',
L3
L4
°
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LINE
BEARING
LENGTH
NOTED.
FOR DOMESTIC WATER AND SANITATION PURPOSES IN FAVOR OF COACHELLA VALLEY
WATER DISTRICT, DEDICATED HEREON.
L5
Nos-,935'w
L23
N43°t1R4•W
SCALE: 1"=200'
Illy
A,"I.P. WITH PLASTIC PLUG, STAMPED R.C.E. 26662 WILL BE SET AT ALL
REAR LOT CORNERS, UNLESS OTHERWISE NOTED. Q
AN EASEMENT OVER LOTS"C","0",'E', "F", AND "G"DESIGNATED "PRIVATE STREET, FOR
SERVICE AND EMERGENCY VEHICLE INGRESSAND EGRESS IN FAVOROFTHECITYOF
USNt]°46'—
V
N34°IS,—
7aOU
73.00
L24
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A NAIL AND BRASS TAG STAMPED R.C.E. 26662 WILL BE SET IN THE
CONCRETE CURB ON THE PROLONGATION OF THE SIDE LOT LINES IN LIEU ASNOTUSED
LA QUINTA, DEDICATED HEREON.
US
1s
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N57°36'MW
77.51
83.74'
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120
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OF FRONT LOT CORNERS.
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80.62'
129
N 21°1696•E
IN THE EVENT THE ABOVE TYPE MONUMENTS CANNOT BE SET DUE TO
EXISTING 10.00'WIDE EASEMENT GRANTED TO COACHELLA VALLEY WATER DISTRICT,
L13
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BO.6B'
75.04'
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LENGTH
69.1g
UN FORESEEN CIRCUMSTANCES, ATAG MARKED R.C.E. 266U WILL BE 6
RECORDED SEPTEMBER 14,2005 PER INSTRUMENT NO.MO-761203, O.R.
N1S°58'15V
152.30'
L32
N09°42I—
61.15'
N]5°0351"N
05.56'
AFFIXED IN CONCRETE,STONE, OR METAL AT THE TRUE POSITION CALLED
FOR BY THIS MAP, Q
RIGHTS OF THE PUBLIC WI THIN 60TH AVENUE PURSUANT TO A RESOLUTION OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE DATED JANUARY 1,1901,
L15
N52°3d'1S•E
213.55'
L33
NU'IOVM
65.SS
-
N05°2T V
13731
INDICATES MEASURED AND RECORD DATA OR CALCULATED FROM
<> RECORDTS—
PER TRACT 31631-3, M.B.420111s
RECORDED APRIL 17, 1959 AS INSTRUMENT NO. 32692, IN BOOK 2454 PAGE 66, O.R.
ExISTIrvG GRANT OF EASEMENT AND AGREEMENT TO THE CITYOF LA QUINTA DgTED
a
JANUARY 22, 2019, RECORDED JANUARY 31, 2019 AS INSTRUMENT NO, 20190035631, O.R.
PUE INDICATES PUBLIC UTILITY EASEMENT
A WIDE EASEMENT FOR DOMESTIC WATER PURPOSES IN FAVOR OF COACHELLA
�471
9Q
THIS TRACT CONTAINS 2630 ACRES
VALLEY WATER DISTRICT, DEDICATED HEREON.
L2S
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m
6
9
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x
0 m Q m 120 160
12,117 SF �/ 13,354 SF
IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 01 7 SHEETS
TRACT NO. 38188
A PORTION OF PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2021-0011 AND PORTIONS OF
THE SW 114 OF THE SE 114 AND THE SE 114 OF THE SW 114 OF SECTION 27.
TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M.
WATSON ENGINEERING MARCH, 2022
LINE TABLE
LINE I BEARING I LENGTH
L1 I N 78°0 $VE 1 37.84•
L2 I N 78°02 VE I27.86'
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT
ZR 0°I63Y' 5D6LU' 6NG GENT
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C3 8°1Y4T' 350.00' S0.1T 25.13'
3
12,559 SF 2
192
may: 13,369 SF 1 193
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TRACT NO. 31681-3
2.71 A.C.
MB 464118-32
SEE SHEET 2 FOR EASEMENT AND ENGINEER'S NOTES
29
CURVE TABLE
0
Lo
H
W
W
2
W
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 38188
A PORTION OF PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2021-0011 AND PORTIONS OF
THE SW 1/4 OF THE SE 1/4 AND THE SE 114 OF THE SW 114 OF SECTION 27.
TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M.
WATSON ENGINEERING MARCH, 2022
LINE TABLE SCALE: 1-
LINE BEARING LENGTH
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IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 38188
A PORTION OF PARCEL "D" OF LOT LINE ADJUSTMENT NO.2021.0011 AND PORTIONS OF
THE SW 114 OF THE SE 114 AND THE SE 114 OF THE SW 114 OF SECTION 27.
TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M.
WATSON ENGINEERING MARCH,
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SEE SHEET 2 FOR EASEMENT AND ENGINEER'S NOTES
31
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 38188
A PORTION OF PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2021.0011 AND PORTIONS OF
THE SW 114 OF THE SE 114 AND THE SE 1/4 OF THE SW 1/4 OF SECTION 27.
TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M.
WATSON ENGINEERING MARCH, 2022
33 I u,590SF I 31
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cgs o°a4'za• lmaw o.]o•
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32
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT NO. 38188
A PORTION OF PARCEL "D" OF LOT LINE ADJUSTMENT NO. 2021.0011 AND PORTIONS OF
THE SW 114 OF THE SE 114 AND THE SE 1/4 OF THE SW 1/4 OF SECTION 27.
TOWNSHIP B SOUTH, RANGE 7 EAST, S.B.M.
WATSON ENGINEERING MARCH, 2022
SEE SHEET 2 FOR EASEMENT AND ENGINEER'S NOTES
SCALE: 1-40'
0 20 40 80
x
CURVE TABLE
SHEET 7 OF 7 SHEETS
33