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30327 KSL Desert Resorts, IncOUTSTANDING BOND REPORT Name: KSL Desert Resorts Tract No. 30327 Date of Contract: October 10, 2001 Required Bond Amounts: Water $ 750 performance/labor materials Sewer $ 500 same Dry Utility $2,500 same Monumentation $ 620 performance only Engineering & Plans $ 874 performance only No -Plans Contingency $1,049 performance only Dates of Bond Reductions: Council approved reduction of performance to $375 on 4/6/04. Outstanding Bonds: e► �"T MIZ Insurance Co: Developers Surety & Indemnity "TMr♦r■�n Date Cancelled/Released: $6,293 816200S Replaced w/warranty 5/4/04 $ 375 same Released 6/24/05 $3,750 same Released 8/6/2004 - CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL 30327 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 10th day of October , 2001, by and between KSL Desert Resorts, a Delaware Corporation, 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 filed a final map or parcel map (the "Map") of a unit of land in'the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 30327 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Im-provement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter 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 parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel 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). T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract 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. 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. T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty -security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T;\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 4 of 6 and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. M Wif Thomas P. Genovese, City - anager ATTEST: City Cle SUBDIVIDER: By: Title: By Title: Reviewed and Approve Approved as to Form: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 / 1 --1 —0 1 Date Date Date KSL Desert Resorts, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 Date Dat T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 6 of 6 Exhibit A SECURITY - PARCEL 30327 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. 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. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. 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 Domestic Water (On-site) Sanitary Sewer (On-site) Dry Utility/Electrical (On-site) Monumentation Construction Subtotal Engineering & Plans (20% of Construction) No -Plans Contingency (20% of Project) Total: PPrfnrmance Labor & Materials 750 750 500 500 2,500 2,500 620 0 $4,370 $3,750 874 1,049 $6,293 L A k 9% -Al IMRHIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On &IC�c v -Y /a �-c o t , before me, +� ,� O' Date Name and Tithe of Officer (e.g., -Jane Doe, Notary Public') personally appeared Place Notary Seal Above Name(s) of Signer(s) Y— personally known to me ❑ 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. WITNESS my hand and official seal. 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. Description of Attached Document Title or Type of Document: D 14 p hiL& i' Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer SK Mfu ,gctreetnetir`T-—iarcael 3634,7 Number of Pages: Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): El Partner Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave„ P.O. Box 2402 • Chatsworth, CA 91313-2402 rroo- NO. baui neoruer. 1.11 TUT 4 411(p QUM& P.O. Box 1504 78-495 CALLE TAMPICO LA Q,UINTA, CALIFORNIA 92253 August 6, 2004 KSL Land Corporation Cindy Zamorez 50-905 Avenida Bermudas La Quinta, CA. 92253 (760) 777-7000 FAX (760) 777-7101 Re: Tract Maps 24890-5, 28149, 28150, 28259-1, 28340-1, 28341-1, 28838-1, 29421, and 30327 Dear Cindy: Per authorization from the Public Works Department, the City Clerk's Office hereby releases the following bonds: Maintenance Bond 827937S in the amount of $47,340 , - Labor/Materials Bond 3908 -FP in the amount of $418,840 - Labor/Materials Bond BE2617145 in the amount of $31,460 - Labor/Materials Bond BE2617146 in the amount of $140,953 - Labor/Materials Bond BE2617136 in the amount of $288,719 - Labor/Materials Bond BE2617149 in the amount of $116,133 - Labor/Materials Bond 513565S in the amount of $285,523 - Labor/Materials Bond 513566S in the amount of $1,544,755 Labor/Materials Bond 513567S in the amount of $1,212,820 Labor/Materials Bond 513568S in the amount of $183,195 - Labor/Materials Bond 513569S in the amount of $611,469 - Labor/Materials Bond 513570S in the amount of $427,000 - Labor/Materials Bond 816515S in the amount of $112,198 - Labor/Materials Bond 816200S in the amount of $3,750 - If you have any questions, please call me at (760) 777-7010. Sincerely, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California Tract 24890-5 Tract 28149 Tract 28150 Tract 28259-1 Tract 28340-1 Tract 28341-1 Tract 28838-1 Tract 28838-1 Tract 28838-1 Tract 28838-1 Tract 28838-1 Tract 28838-1 Tract 29421 Tract 30327 cc: HRH Insurance Services INSCO Insurance Services, Inc./Indemnity Company of California Raoul Martinez, Assistant Engineer II File pa- Twf 4 4aumrw MEMORANDUM To: June S. Greek, City Clerk From: Raoul Martinez, Assistant Engineer II r VIA: 9�nothy R. Jonasson, Public Works Director / City Engineer Date: July 20, 2004 Re: Release of Labor & Materials Security KSL Land Corporation, PGA WEST, Tract No. 30327 Pursuant to Chapter 13.28.050 of the Municipal Code, the following Labor & Materials Securities were approved for release by City Council on April 6, 2004 with a release date of July 5, 2004. Please release immediately. TRACT NO. 30327 Bond Number Labor & Materials 816200S $3,750 Total $3,750 a � c: reeland, Senior Engineer 'Blro'Ject File I Tract No. 30327 Release of labor & materials.doc ATTACHMENT 2 Table of Values Parcel Map 30327 PGA West KSL Desert Resorts Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 26 30327 attachment doc Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Securit Domestic Water (On -Site) _ $750 $750 90% $75 Sanitary Sewer (On -Site) $500 $500 90% $50 Dry Utilities/Electrical $2,500 $2,500 90% $250 Monumentation $0 $620 100% $0 Engineering & Plans (20% of Construction) $0 $874 100% $0 No -Plans Conti enc 20% of Project) $0 $1,049 100% $0 Total $3,7501 $6,293 1 $375 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 26 30327 attachment doc P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 May 4, 2004 KSL Land Corporation Cindy Zamorez 50-905 Avenida Bermudas La Quinta, CA. 92253 Re: Tract 30327 Dear Cindy: (760) 777-7000 FAX (760) 777-7101 Per authorization from the Public Works Department, the City Clerk's Office has received a warranty bond in the amount of $375 and hereby releases Performance Bond 816200S in the amount of $6,293. If you have any questions, please call me at (760) 777-7010. Sincerely, (:; Al I lt",2 - I PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California cc: Developers Surety & Indemnity / HRH Insurance Services Raoul Martinez, Assistant Engineer II File Twit 4 4 Qg&rgu MEMORANDUM To: June S. Greek, City Clerk Fra kimothy Raoul Martinez, Assistant Engineer II y�J, VIA: ( R. Jonasson, Public Works Director / City Engineer Date: April 29, 2004 Re: Reduction of Bonds, KSL Land Corporation, Tract No. 30327 Pursuant to Chapter 13.28.050 of the Municipal Code, the following Performance Bonds have been approved for reduction. Please accept the attached Warranty Maintenance Bond to reduce the original bond amounts. Bond Number Original Amount Reduced Amount Description 816200S $3,750 $375 Warranty Maintenance Bond Cc: John Freeland, Senior Engin[ Project File I, Tract No. 30327 '�'I Reduction of Bonds P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 November 7, 2001 Mr. Larry Lichliter KSL Desert Resorts 55-920 PGA Blvd. La Quinta, CA 92253 Dear Mr. Lichliter: (760) 777-7000 FAX (760) 777-7101 Please find enclosed a fully executed Subdivision Improvement Agreement for Parcel 30327 approved by the City Council October 16, 2001. Should you have any questions, please don't hesitate to call. Sincerely, JUNE S. GREEK, CMC, City Clerk City of La Quinta, California enclosure xc: Raoul Martinez, Assistant Engineer I TO: FROM: VIA: DATE: SUBJECT: T4ht 4 4 QuIRS MEMORANDUM June Greek, City Clerk Raoul Martinez, Assistant Engineer I �-M Chris Vogt, Public Works Director/City Engineer October 24, 2001 Parcel Map 30327 Attached are the original mylars of Parcel Map 30327, two (2) originals of the subdivision improvement agreement and the original copy of the subdivision bonds. Please forward one of the executed subdivision agreements to our department so that we may forward it to the developer. Below is a summary of the improvement bonds, listing the bond number, description, and amount. rm PERFORMANCE/LABOR & MATERIALS Bond No. Description Amount 8162005 Faithful Performance $6,293.00 816200S Labor & Materials $3,750.00 TAPWDEPT\STAFF\Martinez\memo 01\30327clrk.wpd COUNCIL/RDA MEETING DATE: April 6, 2004 ITEM TITLE: Acceptance of Improvements Associated with Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: as - Accept improvements to Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., a Delaware Corporation, and authorize staff to release performance securities upon receipt of warranty securities. FISCAL IMPLICATIONS: None. No public improvements were included with Parcel No. 30327; therefore no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel No. 30327 is located within PGA West, which lies east of Madison Street, west of Monroe Street, and north of Airport Boulevard (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Attachment 2 is a Table of Values indicating securities to be released after the City receives the warranty securities. S:\CityMgr\STAFF REPORTS ONLY\4-6-04\C 26 30327.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: I. Accept improvements to Parcel No. 30327, PGA Vilest, KSL Desert Resorts, Inc., and authorize staff to release performance securities; or 2. Do not accept improvements to Parcel No. 30327, PGA West, KSL Desert Resorts, Inc., and do not authorize staff to release performance securities; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jvnasson, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Table of Values TAPWDEPTISTAFFWartinez\C1ty CounclkStaff ReportsVinal acceptancelKSL Staff Reports130327.doc PARCEL MAP NO. 30327 AVENUE 54 i IpnQr[71 kAep w w rn z 0 A ATTACHMENT I i W w N w 0 P4 z 0 AIRPORT BOULEVARD i i AVENUE 58 i VICINITY MAP NOT TO SCALE 1A 513 1 0\WPPlNG\PM3033r\MCl MT A TTA CHMENT 2 Table of Values Parcel Map 30327 PGA West KSL Desert Resorts Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 2 T:\PWDEPT\STAFFNartinez\KSL Staff ReportO0327 attachment doc Performance Securit Improvement Labor & Current Proposed Warranty Description Materials Security Reduction Securitv Domestic Water (On -Site) $750 $750 90% $75 Sanitary Sewer (On -Site,) $500 $500 90% $50 Dry Utilities/Electrical _ _ $2,500 $2.500 90% $250 Monumentation $0 $520 100% $0 Engineering & Plans (20% of Construction) $0 $874 100% $0 No -Plans Conti enc 20% of Project $0 $1,049 100% $0 Total r $3,750 $6,293 $375 Staff recommends the release of Performance securities upon receipt of Warranty securities. Release Labor and Materials securities 90 days from the date of acceptance (July 5, 2004). Release Warranty securities one year from the date of acceptance (April 6, 2005). 2 T:\PWDEPT\STAFFNartinez\KSL Staff ReportO0327 attachment doc COUNCIL/RDA MEETING DATE: October 16, 2001 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30327, KSL Desert Resorts, Inc., a Delaware Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30327, KSL Desert Resorts, Inc., a Delaware Corporation. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Parcel Map 30327 is located east of Madison Street, west of Monroe Street, north of Airport Boulevard. This is a subdivision of Lot 18 of Tract 29136, (Attachment 1). Parcel Map 30327 consists of 1 numbered lot and 1 lettered lot (Attachment 2). The developer has requested the City Council's conditional approval of the Final Map which will allow 30 days for completion of its processing. As of October 8, 2001, City staff has not received approval of the Final Map from the City's Acting Surveyor; however, it is expected that a technically correct map will be submitted within the time allowed with its conditional approval. A Subdivision Improvement Agreement (Attachment 3) has been executed by the developer; however, the associated securities have not been received. As a result, City staff has prepared the attached Resolution which provides for conditional approval of the Final map and Subdivision Improvement Agreement. The approval is contingent upon receipt, within 30 days (November 15, 2001), of a technically correct Final Map suitable for recording by the County Recorder with all required signatures except for the City Clerk. T:\PWDEPT\C0UNC1L\2001\01 1016e.wpd Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. The developer has demonstrated to City staff that sufficient progress has been made with the documents required for conditional final map approval. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30327, KSL Desert Resorts, Inc., a Delaware Corporation; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map 30327, KSL Desert Resorts, Inc., a Delaware Corporation; or 3. Provide staff with alternative direction. Respectfully submitted, Chris A. Vogt Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement T:\PWDEPT\C0UNCIL\2001 \011016e.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 30327, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps, and' WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items, and WHEREAS, the subdivider has demonstrated to city staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including city staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of city staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration, and WHEREAS, the City Council relies on professional city staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional city staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The a final map for Parcel map 30327, is conditionally approved provided the subdivider submits all required items on or before November 15, 2001. 061 Resolution No. 2001 - Parcel Map 30327 Adopted: October 16, 2001 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms with the tentative map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Produced a technically correct drawing of the map area that is suitable for recording by the County Recorder B. Has obtained all requisite signatures on the map title page, except for the City Clerk's signature. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on November 15, 2001. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of October, 2001, by the following vote to wit: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None JOHN J. PENA, Mayor City of La Quinta, California Resolution No. 2001 - Parcel Map 30327 Adopted: October 16, 2001 Page 3 ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California (City Seal) Ba 4■l_v�t9101.0 VA I M. KATHERINE JENSON , City Attorney City of La Quinta, California 061'1- ATTACHMENTS Gvu PARCEL MAP NO. 30327 AVENUE _54 _ ATTACHMENT I PARCEL MAP N0. 30327 I E--4 � F W W E I � F M I U)z W 0 1-4 � a z A O AIRPORT BOULEVARD i i i I AVENUE 58 i VICINITY MAP I NOT TO SCALE 06�' 1s\51310\waaixulw30327\Harm OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISON AS SHOWN WITHIN THE DISTINCRVE BORDER LINE KSL DESERT RESORTS, A DELAWARE CORPORATION BY: LARRY E. LICHUTER - EXECUTIVE VICE PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA 5S COUNTY OF j 3 ON TIHIS DAY OF , 2001, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAN) STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME/PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) wjGS,E NANE(S) 1S/ARE SUCipIBED To THE WIWN INSRMNFENT,. AND ACKNOW tOGED To ME THAT HE/SHE/(IIFT' OlECUTEO THE SAME IN HIS/401THERF AUTHDRF2E0 CAPACOTLE5, AND TI4AT BY "RR/THEIR SICNATUFUgS) ON TILE IRSTRUMENF TIHE'PERSCRIS) OR INE E1411MES) UPON BEHALF OF *am THE PERSON(%) ACIEO, E1IELVIEo DIE NSTROUEHE WITNESS MY HAND SCNATURE: MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR SAID STATE 15 IN COUNTY MY COMMISSION EXPIRES SIGNATURE OMISSIONS PURSUANT TO SECTION 66436 OF THE SUBDIMSION MAR ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS ANO/OR GONER WTERESIS HAVE BEEN GUTTED: A RIGHT OF WAY AND EASEMENT GRANTED TO COACHELLA VALLEY COUNTY WATER DISTRICT IN FAVOR OF THE PUBLIC FOR PUBLIC ROADS AND RIGHTS OF WAY, PRIVATE EASEMENTS AND RIGHTS OF WAY FOR ROADS PIPELINES DITCHES, AND CONDUITS ON, OVER, UNDER OR ACROSS THE HERON DESCRIBED PROPERTY, EXISTING FON THE PURPOSE OF INGRESS AND EGRESS FROM OTHER LANDS BY MEANS OF SUCH ROADS AND FOR THE PURPOSE OF CONVEIING IRRIGATING AND DOMESTIC WATER TO SICII OTHER LANDS BY MEANS OF SUCH PIPE LINES DITCHES AND CONDUITS RESERVATION FON VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL MANUFACTURING, OR OTHER PURPOSES AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WTH SUCH WATER RIGHTS, AS MAY BE RECOGNIZED AND AIXNOWEDQD BY THE LOCAL CUSTOMS, LAWS AND DECISIONS OF THE COURTS AND THE RESERVATION FROM THE LAND HEREBY GRANTED, A RIGHT OF WAY THEREON FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES RECORDED FEBRUARY 21, 1902, IN BOOK 3, PAGE 56 OF PATENTS SOUTHERN PACIFIC RAILROAD COMPANY, HOLDER OF RIGHTS OF WAY FOR RAILROAD PURPOSES RECORDED INBOG( 241, PAGE In OF DEEDS SAID DEED ALSO RESERVES ALL WATER WATER RIGHTS AND RIGHTS OF WAY FOR PIPEUNES AND AQUEDUCTS TO THE EXTENT SUCH WATER AND PIPELINES ARE NEEDED FOR OPERATXIN AND REPAIR OF RAILROADS. LANDMARK LAND COMPANY OF CALIFORNIA INC., HOLDER OF EASEMENTS FOR ACCESS INGRESS AND EGRESS RECORDED UWUARY 22, 1966 AS INSTRUMENT NO 15569, O.R- KSL LAND 1 CORPORATION, HOLDER OF AN EASEMENT RECORDED DECEMBER 20, 1995 AS INSTRUMENT NO. 422616 OF OFFICIAL RECORDS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP No. 30327 BEING A SUBDMSION OF LOT 1B OF TRACT NO. 29136 AS FILED IN BOOK 285, AT PAGES 4 THROUGH 16, INSLUSNE OF MAPS, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. MDS CONSULTING GROUP OCTOBER, 2001 GARY W. DOKICH LS.4693 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF KSL DESERT RESORTS. A DELAWARE CORPORATION, IN OCTOBER 2001. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. DATE: , 2001y>WI AWy � z � GARY W. DOKICH L.S. 4693 EXP. 9/30/03 ulr I.Wi4 4� CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO 30327 CONSISTING OF TWO (2) SHEETS AND I AM SATISFIED THAT SAID MAP 15 TECHNICALLY CORRECT. DATE: . 2001 ERIC A. NELSON P.L.S. 5563 EXP_ ACINGC41Y SURVEYOR CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAP OF PARCEL MAP NO 30327 CONSISTING OF TWO (2) SHEETS. THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIDNS OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COAPUED WITH. DATE: , 2001 CHRIS & VOGT RCE N0. 44250 EXP- 6/30/05 CITY ENGINEER, CITY OF LA QUINTA SHEET 1 OF 2 SHEETS RECORDER'S STATEMENT FILED THIS -DAY OF 2001 AT M. IN BOOK OF PARCEL MAPS, AT PAGES AT THE REQUEST OF THE CITY CLERK OF THE CITY OF LA QUINT& NO. FEE GARY L ORSO, COUNTY RECORDER BY; DEPUTY SUBOLWSION GUARANTEE BY FIDEUTY NATIONAL TITLE COMPANY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN, BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE S PAUL McDONNELL DATE: COUNTY TAX COLLECTOR DEPUTY TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF L HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CAUFORIN& CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATi< CASH TAX BOND GERALD A. MALONEY PAUL McOGNNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR DEPUTY BY: CITY CLERK'S STATEMENT DEPUTY I, JUNE S. CREEK, CITY CLERK AND EX -OFFICIO CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _DAY OF , 2001, APPROVED THE WTHIN MAP OF PARCEL MAP NO. 30327. DATED: JUNE S CREEK CITY CLERK AND EX-DFFICIO CLERK OF THE CITY OF LA QUINTA ItsullnWw.c�w»ur,w-a1 un/7001 GOLF COURSE 41 TRACT NO. 29347 M.S. 205/60-64 I I AMENDEDITRAC:T NO. 29340-2 I"5 n 307/44-46 I a 11 I 12 w I 4 I I 7 IN THE CITY OF LA QUINTS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL ANAP No. 30327 BEING A SUBDIVISION OF LOT 18 OF TRACT NO. 29136 AS FILED IN BOOK 285, AT PAGES 4 THROUGH 16, INSLUSIVE OF MAPS, IN THE COUNTY OF RIVERSIDE. STATE OF CAUFORNUL MDS CONSULTING GROUP OCTOBER, 2001 GARY W. DOKICH LS.4693 i I I AMENDED TRACTINO. 29340-2 ma 307/44-46 PARCEL 1 I 027 AL D1 13 I 14 I I tk f:N 35'A{ RoN DRivE' PRIVATE STREET y- 4 i x�ti 26 27 - 26 25 24 AMENDED TRACT NO. 29340-2 - M8 307/44-46 SHEET 2 OF 2 SHEETS SCALE 1'-20' 0 20 40 60 90 SURVEYORS N0 O --*MATES FOND SET T' I.P., TAGGED LS 4693, FLUSH •--INCGATES FOUND 1' LP, TAGGED LS. 4693, FLUSH, PER TRACT NO. 29136• Y.B. 285/4-15. UUESS OTHERW5E INDIFAED 1 --INDICATES FOUND LEAD AND TACK. TAGGED LS 4693, PER AMENDED TRACT NO. 29348-2. MB. 307/44-46 1' IRON PPL TWO LS. 4693• FLUSH OR A LEAD AND TILL. TAGGED LS. 4693 M CONCR ; OR IT LOT COINER FALLS ON FACE OF CLM SET LEAD AND TACK( TAGGED LS 4693 IN TOP OF CURB ON A 0.25' OFFSET, TO BE SET AT ALL LOT CORN13M DMEPT AT BC.S. E.C.S. P.R.C.S THAT ABUT A STREET N10CH ARE NOT LOT CORNEAS MARKING 91KE SIX LOT UNES; TO BE SET AT ALL TRACT DOR NM ANO TO BE SET AT A21 CHIERUNE NIERSECTIONS• B.CS, E.C.S AND ILL OTHER CENIEAIRIE PONOS OF CONTROL, UNLESS OTHERNSE NOTED. ALL YOWAENTS SHIOWN'SEY SWI BE SET N ACCORDANCE 91N THE YONUKENTATION AGREEMENT FOR THIS YAP, UNLESS OTHERWISE NOTED ALL DATA SIOAN HEREON FOR TNS PARCEL YAP OWNDNF! S MEASURED AND REOORO PER TRACT NO. 29176 THIS PARCEL MAP CONTAINS 1 NUMBERED PARCEL AND I LETTERED PARCEL THIS PARCEL MLP CONUIS 034 ACRES LOSS. BASIS OF BEAMIGS THE W-kR .LS .vNNN HEREDN Ali SkStO ON DE CEHO4kK OF TIBURCN DR1E SHOWN AS NORTH 6S064Y NEST PER TRACT NO 29136 AS FRED N BOOR 285, PAGES 4 THROUGH 15 OF LAPS, RECORDS OF MIS" COUNTY. CALiOINAA FASFlIQ11S NDGTES A 10.00 FOOT EASE" FOR PUBLIC UOUTY PURPOSES FOR THE CITY OF LA OUNEA AND IVERK PoNdTION R[ DT:1T PER UVC, N0. 29,78 ©- 901CATES AN EASEMEPO FDA COADEL A WILT' WATER OSTNCF FOR WI ESIIC W" No :WHATRWH PU6Pa-LS PER PER TRACT NO 29136 i'.YI A!L1NVHK1wR.'_'Y.,V.QI HWmI IF CITY OF LA QUTA ATTACHMENT 3 IN SUBDIVISION IMPROVEMENT AGREEMENT PARCEL 30327 THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2001, by and between KSL Desert Resorts, a Delaware Corporation, 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 filed a final map or parcel map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel No. 30327 (the "Parcel") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security.. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 1 of 6 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter 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 parcel map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of parcel 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 3.13., 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 3.13., 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). 0.1 }A T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 2 of 6 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or.approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract 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. 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. T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 3 of 6 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. 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 of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release -of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Page 4 of 61 J and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and_sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Gig Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: Thomas P. Genovese, City Manager ATTEST: City Clerk SUBDIVIDER: By: Title: By: Title: Reviewed and Approved: Approved as to Form - City Engineer ity Attorney T:\PWDEPT\STAFF\LINDSEY\TRACTS\30327\S I Agreement.wpd Date Date City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 KSL Desert Resorts, a Delaware Corporation 55-920 PGA Blvd. La Quinta, CA 92253 (760)564-7166 Date Date Page 6 of 6 a Exhibit A SECURITY - PARCEL 30327 Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security prior to agendization of the Map for approval by the City Council. 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. The "Engineering & Plans" security will be released when the City has possession of complete, approved, original plans, signed and sealed by a design professional(s), for all required improvements. The "No -Plan Contingency", which may be utilized for any listed item or for other cost found necessary in the design or construction of the required improvements, may be released in whole or part by the City Engineer, at any time after construction plans are complete and the scope and nature of improvements are fully known. These releases shall be separate from and in addition to the reductions discussed below. 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 necessry 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 Domestic Water (On-site) 750 750 Sanitary Sewer (On-site) 500 500 Dry Utility/Electrical (On-site) 2,500 2,500 Monumentation 620 0 Construction Subtotal: $4,370 $3,750 Engineering & Plans (20% of Construction) 874 No -Plans Contingency (20% of Project) 1,049 Total, $6,293 Ti4 7 iR P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 June 24 2005 KSL Land Corporation Leslie Salmans 50-905 Avenida Bermudas La Quinta, CA. 92253 RE: Tract Nos. 29349-2, 29421, 28341-1, 28340-1, 28838-1, 30327 Dear Ms. Salmans, Per authorization from the Public Works Department, the City Clerk's Office hereby releases warranty bonds as follows: Bond No. 814952S in the amount of $103,050 for Tract 29349-2 Bond No. 816515S in the amount of $10,732 for Tract 29421 Bond No. BE2617149 in the amount of $11,613 for Tract 28341-1 Bond No. BE2617136 in the amount of $28,872 for Tract 28340-1 Bond No. 816200S in the amount of $375 for Tract 30327 Bond No. 513565S, 513566S, 513567S, 513568S, 513569S, and 513570S in "one" amount of $426,477 for Tract 28838-1 If you have any questions, please call the City Clerk's Office at (760) 777-7025. Sincerely, JUNE S. GREEK, City Clerk City of La Quinta, California cc: Gulf Insurance Company INSCO DICO Group/Developers Surety & Indemnity Company Raoul Martinez, Assistant Engineer II File T4 ot 4 a CP adArw MEMORANDUM To: June S. Greek, City Clerk From: Raoul Martinez, Assistant Engineer HIP VIA: 1 othy R. Jonasson, Public Works Director / City Engineer Date: June 10, 2005 Re: Release of Warranty Security KSL Land Corporation, PGA West, Tract No. 30327 Pursuant to Chapter 13.28.050 of the Municipal Code, City Council approved the following Warranty Security to be released one year after final acceptance of improvements (April 5, 2004). Please release the warranty security immediately as the one year time frame has elapsed. The security can be forwarded to; Cindy Zamorez KSL Land Corporation 50905 Avenida Bermudas La Quinta, CA 92253 TRACT NO. 30327 Bond Number Warranty 816200S $375 Total $375 CC: John Freeland, Senior Engl + 001 Project File I, Tract No. 303 Release of warranty secury.doc