2014 T.D. Desert Development - Monroe St Median Landscape Maintenance Agrmt DOC # 2014-0123859Tat, 01/4aditrai
MEMORANDUM
TO:/ /.wrank J. Spevacek, City Manager
FROM: e 1, othy R. Jonasson, P.E., Public Works Director/City Engineer
DATE: March 3, 2014
RE: Public Improvements Maintenance Agreement (Monroe Street) Coral
Mountain Development
Amendment No. 1 to Master Declaration of Covenants, Conditions,
Restrictions and Reservation of Easements for Andalusia at Coral
Mountain
Attached for your signature are the (2) original agreement with Coral Mountain
Development.
Please sign both originals and return them to the City Clerk for final distribution.
Requesting department shall check and attach the items below as appropriate:
Contract payments will be charged to account number
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does
not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on August 6, 2013.
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $ 25,000 max
The following required documents are attached to the agreement:
Insurance certificates as required by the agreement (initialed by Risk Manager on
Performance bonds as required by the agreement (originals)
City of La Quinta Business License (copy or note number & expiration date here
date)
RECORDED REQUESTED BY AND
WHEN RECORDED, RETURN TO:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
DOC # 2014-0123859
04104/201411:25 AM Fees: $0.00
Page 1of19
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
"This document was electronically submitted
to the County of Riverside fur recording"
Receipted by: MGREGSTON
(SPACE ABOVE LINE FOR RECORDER'S USE ONLY)
EXEMPT RECORDING REQUESTED PER Gov. CODE § 27383
PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT
(MONROE STREET)
CORAL MOUNTAIN DEVELOPMENT
THIS PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (the "Agreement")
is made and entered into this � day of March 2014 ("Effective Date"), by and
between T.D. DESERT DEVELOPMENT LIMITED PARTNERSHIP, a Delaware limited
partnership (hereinafter referred to as "Owner"), and the City of La Quinta, California,
a California municipal Corporation (hereinafter referred to as "City").
RECITALS:
A. Owner is the developer of Tract No. 31681, Andalusia at Coral Mountain, a
single family residential development in the City of La Quinta (the "Development").
The real property comprising the Development (the "Property") is legally described in
Exhibit A, which is attached hereto and incorporated herein by this reference.
B. Owner has recorded against the real property underlying the Development that
certain Master Declaration of Covenants, Conditions, Restrictions and Reservation of
Easements for Andalusia at Coral Mountain, which was recorded on March 21, 2006,
as Instrument No. 2006-0197684 (the "CC&Rs"). Pursuant to the CC&Rs, Andalusia
at Coral Mountain Master Association, a California nonprofit corporation (the "Master
Association"), has been formed to function as the homeowner's association for the
Property.
C. The Development is subject to the conditions of approval for Tract Map No.
31681 set forth in Resolution 2004-072, which was adopted by the City Council of
the City on July 6, 2004 (collectively, the "Conditions of Approval"). The Conditions
of Approval are incorporated herein by this reference, as though fully set forth herein.
D. Condition of Approval 53.A.1 requires Owner to construct certain public
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improvements and install certain landscaping. Owner has completed construction of
all of said public improvements except for installation of the landscaping associated
with the 18- foot wide raised median on Monroe Street (the "Monroe Median"). Owner
has completed the hardscape improvements for the Monroe Median. Owner and City
contemplate that the developer and/or owner of the real property located on the East
side of Monroe Street, across from the Property (the "East Side Property Owner") may
complete the landscaping improvements within the Monroe Median as a condition of
approval for their development.
E. Condition of Approval 73 requires Owner to make provision for the continuous
and perpetual maintenance of all of the Monroe Median and certain private
improvements.
F. Owner has elected to provide for the continuous and perpetual maintenance of
the Monroe Median by (i) entering into this Agreement with City, which requires that
Owner and its successors maintain the Monroe Median until such time as the Master
Association commences maintenance responsibility for the Monroe Median, and 00
amending the CC&Rs to expressly add the aforementioned maintenance requirements
as "Master Maintenance Areas" (as that term is defined in the CC&Rs) that are
required to be maintained by the Master Association.
G. City has fee interests in Monroe Street, Madison Street, Avenue 58, Avenue 60,
and in various other streets, sidewalks, and other property within the City (the
"Benefited Public Property"), and is responsible for planning of land uses within the
City in such a manner as to provide for the health, safety, and welfare of the residents
of the City. The Benefited Public Property is legally described in Exhibit "B" , which is
attached hereto and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by this reference, and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by City and Owner, it is agreed by and
between the parties hereto as follows:
1. Responsibilities of Owner. Commencing on the Effective Date, Owner shall
maintain the Monroe Median in good condition and repair, including, without
limitation, (i) weed abatement within the Monroe Median, and (ii) upon
installation of landscaping within the Monroe Median, maintenance, nurturing,
and replacement, as necessary, of the landscaping within the Monroe Median in
a healthy condition, at all times. All of the maintenance required by this Section
1 (collectively, the "Owner Maintenance Obligations") shall be to the
satisfaction of City, which satisfaction shall be in the City's sole and absolute
discretion. Notwithstanding anything herein to the contrary, at such time as
landscaping is installed within the Monroe Median, Owner may enter into a
contractual arrangement with the East Side Property Owner regarding the
maintenance of the landscaping installed within the Monroe Median. Such
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agreement shall not relieve Owner of its obligations hereunder to City.
Owner shall also be responsible for the abatement and/or removal, in
accordance with applicable local, state and federal laws and regulations, of any
and all toxic, hazardous, dangerous or potentially dangerous wastes, materials
and contaminants as defined by local, state, and/or federal law ("Hazardous
Materials"), whether known or unknown, deposited or spilled within the Monroe
Median or on any adjacent real property owned by Owner to the extent the
deposit or spill arises out of Owner's activities, including, without limitation,
Owner's performance of the Owner Maintenance Obligations. Owner's
responsibility for the removal and/or abatement of any Hazardous Materials shall
include the payment by Owner of any damages, costs, levies or fines incurred
by City under local, state or federal law in connection with any such deposit or
spill of Hazardous Materials. Owner or his/her landscape maintenance contractor
shall apply for annual encroachment permits for perpetual maintenance of the
Monroe Median.
2. Responsibilities of City. The City agrees to work with the County of Riverside
staff and request that the installation and maintenance of landscaping within the
Monroe Median be included as a condition of approval for the East Side Property
Owner. The City also agrees, upon satisfaction of all applicable City
requirements, to issue an encroachment permit to the Owner or his/her
landscape maintenance contractor. As such, the contractor shall be approved by
the City in advance for the purpose of performing the Owner Maintenance
Obligations.
3. Failure to Perform Owner's Maintenance Obligations. If Owner fails to perform
the Owner Maintenance Obligations in accordance with the standards set forth
herein, the City may provide the Owner with written notice of such failure
describing the deficiencies in reasonable detail (the "Deficiency Notice"). If
such deficiency is not corrected within fifteen (15) business days following
delivery of the Deficiency Notice to Owner, City shall have the right, but not the
obligation, to cure the deficiency; provided, however, that if the deficiency is a
type that cannot reasonably be cured within fifteen (15) business days, it will be
deemed cured if Owner commences to cure the deficiency within such period
and proceeds diligently and continuously thereafter to complete the cure of such
deficiency. If City elects to cure the deficiency pursuant to City's rights set
forth above in this Section 3, it shall be performed at City's standard rates and
prices. In such event, Owner shall reimburse City for its costs including,
without limitation, any attorneys' fees and costs, within thirty (30) days upon
City's delivery to Owner of an invoice accompanied by copies of receipts
evidencing the actual cost of cure of such deficiency.
4. Maintenance by Master Association. City acknowledges and agrees that
maintenance of the Monroe Median is or will become an obligation of the Master
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Association, and that at such time as Owner assigns to the Master Association,
and the Master Association assumes from Owner, Owner's obligations under
this Agreement, Owner shall be relieved of all liability hereunder.
Notwithstanding the foregoing, however, nothing herein is intended to or shall
relive the Master Association from its obligations under the CC&Rs to maintain
the Monroe Median.
5. Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party of its contentions in writing by letter. The
injured party shall continue performing its obligations incurred herein so long as
the injuring party commences to cure such injuring action within fifteen (15)
business days of delivery of such notice; provided, however, that if the injuring
action is a type that cannot reasonably be cured within fifteen (15) business
days, it will be deemed cured if the injuring party commences to cure the injury
within such period and proceeds diligently and continuously thereafter to
complete the cure of such injury.
6. Attorney's Fees. If either party commences an action against the other arising
out of or in connection with this Agreement, including the filing of a lien or
other legal action to compel payment of any amounts due, the prevailing party
shall be entitled to recover reasonable attorney's fees and costs from the losing
party.
7. Indemnification of City. Owner agrees to indemnify, defend and hold City and
its officers, employees, agents, representatives, and assigns ("City
Indemnitees") harmless from and against any losses, claims, demands, actions,
or causes of action ("Claims"), of any nature whatsoever, including costs of suit
and reasonable attorney's fees, in connection with Owner's obligations under
this Agreement. In the event the City Indemnitees are made a party to any
action, lawsuit, or other adversarial proceeding in any way involving such
Claims, Owner shall provide a defense to the City Indemnitees, or at the City's
option, reimburse the City Indemnitees their costs of defense, including
reasonable attorneys' fees, incurred in defense of such claim. In addition Owner
shall be obligated to promptly pay any final judgment or portion thereof rendered
against the City Indemnitees.
8. Officers and Employees. No officer or employee of Owner or of City shall be
personally liable for any default or breach of the terms of this Agreement.
9. Term of Agreement. This Agreement shall remain in full force and effect in
perpetuity unless terminated pursuant to Section 13.
10. Runs with the Land. This Agreement shall run with the Property and shall bind
successors in interest to Owner. The property benefited by this Agreement is
the Benefited Public Property and the property burdened by this, Agreement is
the Property.
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11. Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any person shall
be in writing and either served personally or sent by prepaid, first-class mail to
the address set forth below. Notice shall be deemed communicated forty-eight
(48) hours from the time of mailing if mailed as provided in this Section.
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
Attn: Timothy R. Jonasson
Public Works Director/City Engineer
To Owner: T.D. Desert Development Limited Partnership
81-570 Carboneras
La Quinta, CA 92253
(760) 408-0106
Attn: Nolan Sparks
Vice President
12. Assignment of Agreement. The Owner may not assign, sublet, hypothecate,
encumber, or transfer (whether voluntarily or involuntarily) its obligations
hereunder to any party without the prior written consent of the City, which
consent may be withheld in the City's sole and absolute discretion.
13. General Provisions.
A. 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.
B. Neither party to this Agreement relies upon any warranty or
representation not contained in this Agreement.
C. This Agreement shall be governed by and interpreted with respect to the
internal laws of the State of California without regard to conflict of law
principles.
D. 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 rights or remedies provided for herein.
E. This Agreement may not be amended or terminated except by an
instrument in writing signed by both parties.
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F. 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.
G. The person executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties
are formally bound to the provisions of this Agreement.
H. This Agreement may be executed in counterparts, which when taken
together, shall constitute one fully executed document.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
"Owner"
T.D. Desert Development Limited Partnership,
a Delaware limited partnership
81-570 Carboneras
La Quinta, CA 92253
(760) 408-0106
By:
Title: Vi
Title:
"City"
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
M
k J.'ae%pkek, City Manager
Attest: d7�1/V'dt//V r
Susan Maysels, City Clerk
Approved as to Form:
:',41 1 P tj I. .,i �.
Date
Date
M. Katherine Jenson, City Attorney
Date
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
"Owner"
T.D. Desert Development Limited Partnership,
a Delaware limited partnership
81-570 Carboneras
La Quints, CA 92253
(760) 408-0106
By:_�-
- N5Pwrks Date
Title: Ye
By:
Date
Title:
"City"
City of La Quints
78-495 Calls Tampico
La Quints, CA 92253
By:
Frank J. Spevacek, City Manager Date
Attest:
Susan Maysels, City Clerk
Approved as to Form: ' - " " -�` "� tr\ 66,1 3 � 1�
M. Katherine Jenson, City Attorney ck�— Date
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
(See following pagesl
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SECTION 27, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA:
F.XCFPMG THERF,FROM PARCEL "D" OF LOT LINE ADJUSTMENT NUMBER 2002-390,
RECORDED FEBRUARY 13, 2003 AS INSTRUMENT NUMBER 2003-102524, FEBRUARY 13, 2003,
RECORDS OF RIVHRSIDE COUNTY, THE NORTHEAST QUARTER OF T'I4E NORTHEAST
QUARTER OF SAID SECTION 27 AND LOT 84 OF TRACT 31691-2 AS FILL•D IN BcX)K 397 AT
PAGES 34 THROUGH 44, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY;
ALSO EXCEPTING TIIETkFIrAOM THOSE PORTIONS OF SAID SECTION 27 LYING WITHIN
TJIE RIGHTS OF WAY OF MADISON STREET, AVENUE 58, MONROE STREET AND AVENUE
60.
AS SHOWN ON THE FOLLOWING FACE ATTACHED HERETO AND BY THIS REFERENCE -
MADE A PART HEREOF.
TEDS DOCUMENT WAS PREPARED
BY ME OR UNDER MY DIRECTION
BASED ON RECORD INFORMATION
r - ,
O D W. WATSON RCE 1.6662 ATE
No. 26862
EXP.Za1n•
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rm z5ou<
LOT 84, TR. 31681-2
M. B. 397734-44
N.A.P.
1j
1
NANCEL 71
N.A.P. .i
NO. 2002-390
Y `INST, NO. 2003-102524,
211 a12003, O.R.
SECTION 27'
r.6.S., R.7.E., S.B.M.
am ,ma two
GRAPHIC SCALE
1 INCH - SW FT.
i IN FEET)
LEGEND
® BENEFITTED PROPERTY
NOT A PART
NE QUARTER OF
THE NE QUARTER
OF SECTION 27
N.A.P.
I
I�
w
1LU
x
w
w
Diu
I.�
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EXHIBIT "B"
LEGAL DESCRIPTION OF CITY BENEFITED PROPERTY
CrnC CRUM CntUus
DESCRIPTION
The land referred to in this report is situated in the County of Riverside, State of
California, and is described as follows:
PARCEL 1:
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:.
Beginning at a point on the Noorth line of said Northeast quarter of the Southwest
quarter which bears South 89 47'20" West, 966.90 feet from the centerline of said
Section 6;
thence South 00012'30" East, 632.10 feet parallel with the West line of said Northeast
quarter of the Southwest quarter to the North line of Lot "H" being also the North
line of Avenida La Fonda, as shown on the map of the Desert Club Tract No. 2, recorded
in Book 20 Page 6 of Maps, in the Officie of the County Recorder of said County;
thence South 89045130" West, 230.00 feet on the North line of said Lot "H";
thence North 72053130" West, 74.59 feet on the North line of said Lot "H";
thence on a curve concave to the Southwest on the NorSherly line of said Lot "H"
having a radius of 197.50 feet through an angle of 17 16'00", 59.52 feet to the West
line of said Northeast quarter of the Southwest quarter of Section 6;
thence North 00012130" West, 601.30 feet on the West line of said Northeast quater of
the Southwest quarter of Section 6 to the Northwest corner of said Northwest quarter
of the Southwest quarter of Section 6;
thence North 89047'20" East, 360.00 feet on the North line of said Northeast quarter
of the Southwest quarter of Section 6, to the point of beginning.
EXCEPT the North 30.00 feet.
PARCEL 2•
That portion of the Northeast quarter of the Southwest quarter of Section 6, Township
6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of
California, according to the official plat thereof, described as follows:
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ADJACENT STREETS:
Streets, sidewalks, and all other public improvements contained within the following portions of
public right of way:
The portion of Monroe Street located between Avenue 58 and Avenue 60.
The portion of Madison Street located between Avenue 58 and Avenue 60.
The portion of Avenue 58 located between Monroe Street and Madison Avenue.
The portion of Avenue 60 located between Monroe Street and Madison Avenue.
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THOSE PORTIONS OF TFIE MONROE STREET RIGH T OF WAY LYING W ITRIN SECTION 26
AND 27, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF LA QUINTA, COUNTY OF RIVERSIDE, CALIFORNIA, MOREE, PARTICULARLY DESCRIBED
AS FOLLOWS:
AREA "1"
COMMENCING AT THE NORTIMAST CORNER OF SAID SECTION 27;
1
THENCE S00° 11' 30"W ALONG THE EAST LINE OF SAID SECTION 27 AND'1'HE WEST LINE OF
SAID SECTION 26 A DISTANCE OF 1,396.26 FEET TO THE POINT OF BEGINrWMG, ALSO
BEING A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 9.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00'
00" AN ARC LENGTH OF 14.14 FEET;
THENCE S00° 11' 30"W A DISTANCE OF 1,199.30 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 3.00 FEET;
THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG SAID CURVETHROIJGI-I A
CENTRAL ANGLE OF 180" 00' 00" AN ARC LENGTH OF 9.42 FEET;
TFII_NCE NOO" I I' 30"E A DISTANCE OF 200.00 FEET 'TO THE BEGINNING OF A CURVE
CONCAVE SOU11 lWES'TERI,Y HAVING A RADIUS OF 321.25 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVETHROUGH A CENTRAL ANGLE OF 6° 47'
18" AN ARC LENGTH OF 38.06 FEET. THE ENDING RADIAL BEARS N83° 24' 12"E;
THENCE N070 29' 37"W A DISTANCE OF 37.16 FEET TO'lT-IE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTITEAS'TERLY HAVING A RADIUS OF 321.25 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 53' 42" AN
ARC LENGTH OF 55.48 FEET. THE BEGIN TNING RADIAL. BEARS S800 17' 48"W;
THENCE N005 11' 30"E A DISTANCE OF 86930 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 9.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGIi A CENTRAL ANGLE OF 90" 00,
00" AN ARC LENGTH OF 14.14 FEET TO THE POINT OF 13L'GINNING.
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AREA "2"
COMMENCING AT THE NORTFIEAST CORNER OF SAID SECTION 27
I IFNCF. S00" 11' 30W" ALONG THE EAST LINE OF SAID SECTION 27 AND TIIE WEST LINE• OF
SAID SECTION 26 A DISTANCE OF 2,650.96 FEET TO TI IE FAST QUARTER CORNER OF SAID
SECTION 27;
TFIFNCE S00' 10' S1 "W ALONG 114E EASE LJNE OF SAID SECTION 27 AND THE WEST LINE OF
SAID SECTION 26 A DISTANCE OF 55.21 FEET;
THENCE N99' 49109"W A DISTANCE OF 3.00 FEET TO TIIE POINT OF BEGINNING;
11 fPNCF SOON I O' S I "W A DISTANCE OF 150.00 FEFT TO TINE BEGINNING OF A CURVE
CONCAVE NORTULASTERLY HAVING A RADIUS OF 321.25 FELT,,
THENCE SOUTHEASTERLY ALONG SAID CURVE TIiROUGII A CENTRAL ANGLE OF 6" 47' 18"
AN ARC LENGTH OF 38.06 FEET. THE FNDING RADIAL. BEARS S83' 23' 33"W;
THENCE S07' 30' 16"F. A DISTANCE OF 3T 10 FRETTO THE. BEGINNING OF A NON=CANGF.NT
CURVE CONCAVE SOIJ'1'HWESTFRLY HAVING A RADIUS OF 321.25 FEET;
TIIF.NCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 53' 42" AN
ARC LENGTH OF 55.48 FEF".1'. THE BEGINNING RADIA.I, BFARS N80" 17' 09"E;
THENCE S00° 10 51"W A DISTANCE OF 1,107.68 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTIIERLY ITAVPJGA RADIUS OF 3.00 FEET;
THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLF.OF I80000' 00" AN ARC LENGTH OF 9.42 FEFTTO A POINT HERENAFT'F.R
REFERRED TO AS POINT "A';
THENCE N00" 10' 51"E A DISTANCE OF 200.00 FEET TO THE BEGINNING OF A CARVE
CONCAVF. SOUTIWESTERLY I [AVTNG A RADIUS OF 321.25 FFF7;
THENCE NORTI-MASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 6" 4717" AN ARC LENGTH OF 38.06 FEET. THE ENDING RADIAL BEARS
N83' 23' 35"E;
THENCE N07" 30' 17"W A DISTANCE OF 37.16 FEET TO T HE BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTI IEASTFRLY HAVING A RADIUS OF 321.25 FEET;
THENCE NORTHWESTERLY AND NORT1 MASTFRLY ALONG SAID CURVE THROL'G11 A
CENTRAL ANGLE OF 96 42' 48" AN ARC LENGTH OF 54.46 FEET. THE BEGINNING RADIAL.
HEARS S80' 17' '_2"W;
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THENCE NOV 10' 51" E A DISTANCE OF 1,058.69 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 3.00 FEET;
THENCE NORTHEASTERLY, SOIfl'HEASTERL.Y AND SOUTHWESTERLY THROUGH A
CENTRAL ANGLE OF 180' 00' 00" AN ARC LENGTH OF 9.42 FEET TO THE POINT OF
BEGINNING;
AREA "3"
COMMF.NCV;G AT THE AFOREMENTIONED POINT "A';
THENCE N99" 49' 09"W A DISTANCE. OF 3.00 FEET TO THE EAST SECTION LINE OF SAID
SECTION 27 AND THE WEST LINE OF SAID SECTION 26.
THENCE SO09 10' 51 "W ALONG THE EAST SECTION LINE OF SAID SECTION 27 AND 11111,
(VEST LINE OF SAID SECTION 26 A DISTANCE OF 143.82 FEET TO THE POINT OF
BEGINNING AND A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE TO SAI) POINT BEARS N09" 52, 15" Pi;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
50 10' 25" AN ARC LENGTH OF 13.54 FELT TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 2.00 FEET;
THENCE NORTHEASTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 1540 52' 40" AN ARC LENGTH OF 5.41 FEET;
THENCE SOOO 10' 51"W A DISTANCE OF 710.69 FEET;
THENCE S00° 33' 46"W A DISTANCE OF 300.01 FEET TO Tl1E BEGINNING OF A NON -TANGENT
CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2.50 FEET;
THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 180° 00' 00"' AN ARC LENGTH OF 7.85 FEET. THE
BEGINNING RADIAL BEARS S890 49' 09'E;
THENCE N00" 22' 19"E A DISTANCE OF 30O.D0 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY !-CAVING A RADIUS OF 321.25 FEET;
THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG SAID CURVE- THROUGH A
CENTRAL ANGLE OF 6047' 18" AN ARC LENGTH OF 38.06 FEET. THE ENDING RADIAL BEARS
N830 23' 33"E;
THENCE N070 30' I6"W A DISTANCE OF 37.16 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE; CONCAVE NORTHEASTERLY HAVING A RADIUS OF 321.25 FEET;
THENCE NORTHWESTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 9°53' 42" AN ARC LENGTH OF 55.48 FEET. THE BEGINNING RADIAL
BEARS SRO' 17 09"W;
#5846462v6_iManageDMS_- Monroe Median Maintenance Agreement (2).DOCX 15 of 16
DOC #2014-0123859 Page 17 of 19 04104/2014 11:25 AM
THENCE NOO' 10' 51 "E A DISTANCE OF 517.85 FL•ET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 150.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19' 56' 54" AN ARC LENGTH OF 52.22 FEET TO THE POINT OF BEGMING.
AS SHOWN ON THE FOLLOWING PAGES ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
THIS DOCUMENT WAS PREPARED BY
ME OR UNDER MY DIRECTION
BASED ON RECORD INFORMATION.
GJlJ
W. WATSON DATE
No. 26662
EXP. " -14
#5646462v6_iManageDMS_ - Monroe Median Maintenance Agreement (2).DOCX 16 of 16
NOTARY ACKNOWLEDGMENT
State of California
County of Riverside 1
On FdYW,1Xt! 13, �D/&14 before me, %✓1dA-Lai -Ir JI Notary Public.
personally appeared NOLAN SPARKS who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the
the foregoing paragraph is true and correct.
L. N LL
Commis # 2029706
WITNESS my hand and official seal. Z ` No Public- ufornia
Riverside Coun
Exp,res J.i, 7,.
Signatur i/%t(i G(J Lii�
(notary seal)
DOCUMENT:
PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (MONROE STREET) CORAL
MOUNTAIN DEVELOPMENT between the City of La Quinta and T.D. Desert
Development Limited Partnership. I n
LINDA L. NANTELL DA L. ANTELL
Commission # 2029705 Comma # 2029705
a 'v Notary Public:• California. ? "e - Notary P Ism California
z • Riverside County ' '`',�1,;� Ri rside C u ty
M Comm. Ez iresJul 11.2017, T " �� Pli •' Fxpves Jui ,
NOTARY ACKNOWLEDGMENT
State of California
County of Riverside
On �n k G 2014 before me, 525A4 MAV57F, t-S Notary Public,
personally appeared FRANK J. SPEVACEK who proved' to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Calif99rnia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
U MAy8ELs
:. Co I eleA a 2017258
z+ ery Cep1011Ne
,p, 's 0ounty
(notary seal) \/
DOCUMENT:
PUBLIC IMPROVEMENTS MAINTENANCE AGREEMENT (MONROE STREET) CORAL
MOUNTAIN DEVELOPMENT between the City of La Quinta and T.D. Desert
Development Limited Partnership.
BUBAM MAYBELB
Comndeeloo E 2017258
'� Netery Pubk • Comomie =
N4WRi"reioe County
Comm. E iree Apj 13, 2017 r
la��u.�vctc�,c
G� OF9
CITY / SA / HA / FA MEETING DATE: August 6, 2013
ITEM TITLE: MONROE STREET MEDIAN
LANDSCAPING MAINTENANCE AGREEMENT AND
ACCEPTANCE OF OFF -SITE IMPROVEMENTS
ASSOCIATED WITH TRACT MAP NO. 31 681-3,
ANDALUSIA, CORAL OPTION I, LLC
RECOMMENDED ACTION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to execute the Monroe Street Median Landscaping
Maintenance Agreement, subject to minor modifications as deemed necessary by the
City Attorney; and
Accept the off -site improvements associated with Tract Map No. 31681-3, Andalusia,
subject to the developer executing the Monroe Street Median Landscaping
Maintenance Agreement, and authorize staff to release the performance security and
the labor and materials security (90 days after acceptance of the off -site
improvements).
EXECUTIVE SUMMARY:
• As a condition of development, the developer of Andalusia is required to enter
into a median landscape maintenance agreement (Attachment 1) with the City
to maintain the section of median on Monroe Street fronting Andalusia.
• The developer has completed all other obligations of the Off -site Subdivision
Improvement Agreement associated with Tract Map No. 31681-3 and has
requested release of the securities.
• Staff has verified satisfactory completion of these improvements and therefore
recommends acceptance of the off -site improvements.
IN
FISCAL IMPACT:
This action will require the City to maintain storm drain catch basins after the one-year
warranty period. Catch basin maintenance is estimated to be $1 ,750 annually, which
will be incorporated in the Public Works Department operating budget.
BACKGROUND/ANALYSIS:
Andalusia is located north of Avenue 60, south of Avenue 58, west of Monroe Street,
and east of Madison Street (Attachment 2). The off -site improvements include asphalt
concrete pavement, curb and gutter, curb ramps, sidewalk, storm drain, catch basins,
potable water and sewer improvements, walls, landscaping, signing, and striping.
Staff has inspected the improvements and determined they meet City standards.
Additionally, the developer is required to provide for the perpetual maintenance of the
landscaped median on Monroe Street adjacent to the project. The attached agreement
satisfies this condition and is recommended for approval as part of the acceptance of
the offsite improvements.
ALTERNATIVES:
Acceptance of these improvements is a ministerial action necessary for the release of
the off -site improvement securities. The labor and material securities will only be
released provided that no claims have been filed with the City for this work.
Therefore, staff does not recommend any alternatives to the recommended action.
Report prepared by: Edward J. Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Monroe Street Median Landscaping Maintenance Agreement
2. Vicinity Map
«i
ATTACHMENT 2
TM 31681-3 ANDALUSIA
rm
- i I AVENUE 58
.NAB'.
AVENUE 60
L4'4
AVENUE 62
VICINITY MAP
NOT TO SCALE
54