33015 Riviera VillasCITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 29125
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the greement") is made and entered into this
�2% A day of �OL 2001, by and
between Riviera Villas, LLC , a California Limited Liability Company, thereinafter 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 Tract No. 29125 (the "Tract") 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\29125\S.I.A.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 3.13., 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).
T:\PWDEPT\STAFF\LINDSEY\TRACTS\29125\S.I.A.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\29125\S.I.A.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\29125\S.I.A.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\29125\S.I.A.wpd 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:
SUBDIVIDER:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
2j/o /
Date
y:
Date
Title: G � AP �
By:
Date
Title:
Reviewed and Approved:
City Engineer
Approved as to Form:
ettrn
Riviera Villas, LLC
1651 East Fourth St., Suite 228
Santa Ana, CA 92701
(714) 540-5403
7 <P 0l
Date
T:\PWDEPT\STAFF\LINDSEY\TRACTS\29125\S.I.A.wpd Page 6 of 6
Exhibit A
Security - Tract 29125
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 and consists of
infrastructure improvements located around the perimeter of the PGA West Specific Plan area required by the
Specific Plan including: street, landscaped median, water, sewer, electric power, storm drain, perimeter
landscaping, and perimeter sound attenuation wall installed after January 1992. Subdivider will not be held
responsible for participatory improvements other than cost participation as outlined in the Conditions of Approval
and herein.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract
and shall not reduce total performance security below the amount necessary to complete the Improvements plus
ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be
granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount
of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council.
Improvement Description
Performance
Labor & Materials
Streets Improvements
48,778
48,778
Grading
43,950
43,950
Site Perimeter Wall '
32,000
32,000
Domestic Water
66,700
66,700
Sanitation Sewer
14,260
14,260
Offsite Participatory Improvements 2
29,120
0
Monumentation
5,000
0
Construction Subtotal:
$239,808
$205,688
Contingency (25% of Project)
59,952
TOTAL:
299,760
This improvement item shall be constructed/installed within six (6) months after recordation of the Tract
2 Map.
This improvement item will be paid in cash, to the City for redistribution to the party who constructs the
offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not
exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual
costs confirm a lower participation amount.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of `-�G
On g- "IL�� ( before me, : c a .,& �� c,,ce_,,A P dN�ek,, j V -�<<
Date Name and Title of Officer (e. , "Jane Doe Notary Public")
personally appeared
Name(s) of Signer(s)
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personH whose named is/aFe-
subscribed to the within instrument and
acknowledged to me that heis4eA4ey executed
the same in his4rc�authorized
capacity{+es), and that by his/her'+ ei
signature(} on the instrument the personH, or
the entity upon behalf of which the person(-s*-
acted, executed the instrument.
WITNESS my hand and off' 'al seal.
A,�lj �
Place Notary Seal Above ( Signature of 6r
ublic
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: (%kN d L` ���� - �� V S o Lt"DYae
A vec",c --Zlv 1
Document Date: �`Z (0 l Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer n
Signer's Name: _ J OS, L
Individual
❑ Corporate Officer — Title(s): Top of thumb here-
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
�Tmlg INSCO INSURANCE SERVICES, INC.
c� insc��o Underwriting Manager for:
�qO�p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 - Irvine, California 92614 - (949) 263-3300
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
BOND NO. 831764S
$ 5,413.00 premium is for
a term of TWO year(s)
KNOW ALL MEN BY THESE PRESENTS:
That we, GREENEWAY DEVELOPMENT, INC. , as Principal,
and DEVELOPERS SURETY AND INDEMNITY COMPANY , a corporation organized and doing business
under and by virtue of the laws of the State of IOWA and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the CITY OF LA
QUINTA. CA as Obligee, in the penal sum of TWO HUNDRED SEVENTY THOUSAND SIX HUNDRED FORTY
ANDNO/100--------------------------------------------------------------------------------------------------------------------------- ---------------------------------------
($ 270,640.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, successors, executors
and administrators, jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas the Obligee and Principal have entered into an agreement whereby Principal agrees to install and complete certain
designated public improvements, which agreement, identified as TRACT 29125 ON BEHALF OF RIVIERA VILLAS LLC
, is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said
agreement.
Now therefore, the condition of this obligation is such that is the above bounden principal, his or its heirs, executors,
administrators, successor or assigns, shall in all things stand to and abide by, well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless obligee, its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the penal sum specified therefor, there shall be included costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such
obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement
or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on JULY 2, 2001.
PRINCIPAL: GREENEWAY D LOPMENT, INC.
SURETY: DEVELOPERS SURETY & INDEMNITY COMPANY
W. W. JELKS Attorney -in -Fact
ID-1092 (CA) Subdivision Performance Bond (REV. 1/01)
4MF. INSCO INSURANCE SERVICES, INC.
c� insc��o Underwriting Manager for:
�pO�p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
BOND NO. 831764S
PREMIUM INCLUDED IN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, GREENEWAY DEVELOPMENT, INC. , as Principal,
and DEVELOPERS SURETY AND INDEMNITY COMPANY , a corporation organized and doing business
under and by virtue of the laws of the State of IOWA and duly licensed
to conduct a general surety business in the State of California as Surety, are held and firmly bound unto the CITY OF LA QUINTA, CA
as Obligee, in the penal sum of TWO HUNDRED FIVE THOUSAND SIX
HUNDRED EIGHTY-EIGHT AND NO/1 00 ----------- — -----------------------------------------------------------------
205,688.00 ) DOLLARS,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these
presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
Whereas, the above -named Principal, has entered into an agreement which is made a part of this bond, with the CITY OF LA
QUINTA , State of California, as Obligee, for the designated public
improvements in the subdivision identified as TRACT # 29125, ON BEHALF OF RIVIERA VILLAS LLC
, as required by the Government Code of California.
Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and
sufficient payment bond with the CITY OF LA QUINTA, CA to secure the claims
to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and the undersigned, as surety, are held firmly bound unto the CITY OF LA QUINTA, CA
and all contractors, subcontractors, laborers, materialmen and other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure for material furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay
the same in an amount not exceeding the penal sum hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition
to the penal sum thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY OF LA QUINTA
in successfully enforcing such obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations
entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give right of action to
them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain
in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on JULY 2, 2001.
PRINCIPAL: GREEN AY DEV OPMENT, INC.
GIZ L6 of ^,e-p— &re -?A 4 ► 'Pee-5
10-1093 (CA) Subdivision Labor and Material Bond (REV.1101)
SURETY: DEVELOPERS SURETY & INDEMNITY COMPANY
x &
W. W. JELKS 4V Attorney -in -Fact
OUTSTANDING BOND REPORT
Name: Riviera Villas LLC
Tract No. 29125
Date of Contract: May 24, 2001
Required Bond Amounts:
Streets
$48,778
performance & labor
Grading
$43,950
same
Perimeter wall
$32,000
same
Water
$ 66,700
same
Sewer
$14,260
same
Offsite Imp.
$ 29,120
performance only (to be paid in cash)
Monumentation
$ 5,000
performance only
Contingency
$ 59,952
performance only
Dates of Bond Reductions:
Outstanding Bonds:
Amount: Bond No. Date Cancelled/Released:
$ 270,640 831764S
$ 205,688 same
ASSIGNMENT AND ASSUMPTION AGREEMENT
AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 29125
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment") is made
and entered into as of the .f' day of 20J0, by and among the CITY OF
LA QUINTA, a municipal corporation of the State of California ("City"), Riviera Villas,
LLC, a California Limited Liability Company, ("Assignor'), and Riviera Villas, LLC, a
California Limited Liability Company ("Assignee").
RECITALS
A. City and Assignor entered into that certain Subdivision Improvement
Agreement,dated May 24, 2001 ("SIA"), pursuant to which Assignor, as the
Subdivider', defined in the SIA, agreed to plan for, install, and construct certain public
and/or private improvements on Tract No. 29125 ("Tract"), as more fully described in
Exhibit "A" of the SIA ("Improvements").
B. Assignor desires to assign the SIA, and all of Assignor's rights and
obligations thereunder, to Assignee and Assignee desires to assume Assignor's
position with respect to the SIA and of Assignor's rights and obligations under the SIA
subject to the terms of this Assignment & Amendment.
C. In connection with the foregoing described assignment and assumption,
the City and Assignee have agreed to certain modifications to the SIA as set forth
herein to be effective upon full execution of this Assignment & Amendment by all the
parties hereto.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
covenants and promises hereinafter contained, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Assignment and Assumption. Assignor hereby transfers and assigns to
Assignee all of the Assignor's rights, title, and interest in and to, and obligations under,
the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and
obligations under, the SIA. City hereby consents to the foregoing assignment and
assumption.
F220
2. Replacement of Improvement Security. Pursuant to the SIA, Assignor
has furnished the City security for the Improvements in the form of:
(a) A Faithful Performance Bond in the amount of $270,640.00 for the following
improvements: Street Improvements, Grading, Site Wall, Domestic Water, Sanitation
Sewer, and Monumentation plus 25% Contingency.
(b) A Labor and Material Bond in the amount of $205.688.00 for the following
improvements: Street Improvements, Grading, Site Wall, Domestic Water, and
Sanitation Sewer.
For purposes of this Assignment & Assumption, such security in the aggregate shall be
hereinafter referred to as "Improvement Security." Assignee hereby warrants that within
five (5) days of this executed Assignment and Amendment, it shall replace Assignor's
Improvement Security with security of its own in an amount as specified in the Amended
Subdivision Improvement Agreement. Assignee's security shall be in full compliance
with the terms and conditions stated in the SIA for such security. The City agrees that
upon receipt of evidence that Assignee has obtained such new security in a form
satisfactory to the City, the City shall release the Original Subdivider's Improvement
Security.
3. Incorporation of SIA Provisions. The Amended SIA, and each provision
therein, unless otherwise modified in writing, is incorporated in this Assignment &
Amendment in its entirety and Assignee agrees and warrants that it assumes and is
bound by each obligation found in the Amended SIA in the same manner as Assignor
prior to this assignment.
F220 _2
IN WITNESS WHEREOF, the parties hereto have executed this Assignment &
Amendment on 11 day of M Q hs L , 2061•
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
/Thomas
P. Genovese Da e
City Manager
ATTEST:
June S. e
City Clerk
ASSIGNOR: Riviera Villas, LLC a C A 1- L C
1651 East Fourth Sit., Ste. 228
Santa Ana, CA 92701
-P'�-3 0 'I
Title r Date
ASSIGNEE: Riviera Villas, LLCI o- C A LLC
300 E. State Street, Ste. 100
Redlands, CA 92373
By: First Pacifica Development Corp. a CA
Corporation, Manager
Title: ?,,, 4 Date
orn
F220 -3-
T AMERI
4� C
}
STATE OF CALIFORNIA }ss.
COUNTY OF Riverside }
On March 5, 2004 , before me, Constance Gorsuch
personally appeared Bo Kuo and John L. Rainaldi
1
personally known to me .
(or 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.
WITNES;
Signature
rwlNon I 1Ji761017
p4pw CCONothir,
"tv0rak1e County
Con t►l t. E4*Wun 2o. h
1
(This area for official notarial sea[)
Title of Document Assignment and Assumption Agreement and Amendment to Subdivision _
Date of Document Improvement Agreement
3/5 ,I No. of Pages 3
Other signatures not acknowledged Norge
3008 (1/94) (General)
First American Title Insurance Company
CITY OF LA QUINTA
AMENDED SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 29125
THIS SUBDIVISION,IMPROVEMENT AGREEMENT (the Bement") is made and entered into 2004, by and between
day of
�X 9
Riviera Villas, LLC , a California Limited Liability Company, hereinafter referred to as"
Slubdivider," and the City of La
Quinta, a municipal corporation of the State of California, hereinafter referred to as Cty
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 Tract No. 29125 (the "Tract") pursuant to the provisions of
Section 66410, et_ se_c• 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, Agreement , landscaI sted n pingExhibd
other improvements required to be constructed or agreed to be constructed under this
"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, b ("Participatory payment f
Subdivider's fair share of Improvements which have been or will be construe y by
Improvements"), and payment of plan check and permit fees. A second class of security
labor,equipment provided
and materials
hereinafter referred to as "payment security, shall assure the payment of the cos hereinafter referred to
supplied to construct the Improvements. A third class of security to be provided by Subdivider,
as "warranty security, shall serve as a guarantee and warranty of the Improvementsfor
a perioand d a f one ent year
Pori lopr or
the completion and acceptance of the Improvements. Subdivider shall furnish performancep ym
to and as a condition of City Council approval of the Map. Subdivider shall provide with the (final release of
y security after
Improvements are complete and accepted by the City Council and prior to or concurrently
performance security. Warranty security shall not be required for Monumentation or
Pthe'work in accordance with
cipatory Improvements.
However, the City may utilize Monumentation Security for performance of or payment
forthe 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.
Page 1 of 6
T:\\29125\sia
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�financi l in titutions and a commitmto eguabion
by the state or federal government and having a financial quality orLolng ofs Angeles County Treasurer's office).
rating of "R-2" or better on the Investment Data Exchange (of the
req
ements
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the areuir dents t,
of
Paragraph (3), pledging that the funds necessary to carry out the completion of theImprovements
guaranteed for payment, and constitute a trust fund which is not subject to levy or
attachment of he funds any crede' or pursuant
of the
depositor until released by City. Letters of credit shall guarantee that all or any portion
to the letters of credit will be paid upon the written demand of City and that such written
ion of an
d need not present
documentation of any type as a condition of payment, including proof of loss. The d Y 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 r zes provided expiration
and shall
state, on its face, that the letter of credit will be automatically renewed until such time thatCity
authoor 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) tiand me the improvements t ereoncost
or
of
the Improvements and shall include the power of sale of thereal hntalnd l buildings appurtenances hereunto belonging, or
that may be erected upon or made thereto, together with allereditames
in an wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of
Y appraisal approved b Ci
the property shall be established at Subdivider's expense through an app PP Y
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 anon -profit organization, security may be n specifiedinof the
, of the kind
approved for securing deposits.of public moneys with City or in favor of City, as spec
California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.
C. Al
l securities shall be furnished in accordance with the provisions of Exhibit A. The amount tof the
estimated b
performance security shall equal One Hundred Percent (100%) of estimated oEng Weer or a duly
Improvements, including payment of plan check and permit fees, as Y he City
authorized representative of the City Engineer. The amount of Payment security shall roustsepofate h security
of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a
r.
Warranty security shall equal Ten Percent (10 /o) 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 d different form and/or sr
rather than to individual security instruments. The fees shall be paid separately for each
(Y
suret or financial institution) of security initially submitted and for substitution of securities
but the same t be required
equ redh foe
submittal of warranty security if the warranty security is of the same form and from
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,
h v, Subdivider
securl pay ed but
City an administration fee of One Half of One Percent (0.5 /°) of the estimated cosimprovements
not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
Page 2 of 6
T:\\29125\sia
E. Participatory Improvements, if any, are identified in Exhibit A. Security for
ctual costsparticipatory
re improvements and paidby
shall remain in place until the Participatory improvements
me r�ma ed cost rof the participatory e constructed and aImprovements, and shall guarantee
Subdivider, or until Subdivider pays to City th
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 hor in in repdal s of the date of the
ement of security
guaranteeing Participatory Improvements. If Sub
divider
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 erfo aeon, inc stated 9 this
on
payment of premiums, modifications of this Agreement and/or expiration of the p
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,
PPll upon application by Subdivider. However, no such reduction shall be for an amount less
an Ten Persheen (10% b f
P
the total performance security provided for the faithful performance of the act or work.n
reduced below that required to guarantee the completion of the act or work or obligation
(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 materialsIf security sreceiv released notice of
in
full 90 days after final acceptance and/or approval by the City Council, of the Improvements.Y
any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released
the onee eaawa wanal
rranty
nay
acceptance or approval by the City Council of all Tract Imp fo a erefnts. However, if of workat thor peovision of materials under the
period, there are one or more outstanding requests by City performance
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
permits all
shal its re comply all
that phase of work and pay all required fees. Work performed under a permit •
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements
requiresorts or secsucha es
the acquisition of real property not owned by Subdivider or City, Subdivider shall u
al
property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, h real acquire
ro arty.
real property at a reasonable price, Subdivider may request in wrihn eaha atteon behalf of Subdivider. f City so
City may, but is not required to, agree to attempt to acquire such property ttorney. Said
agrees, City and Subdivider shall enter a separate written agreement in a form acceptablen{ 50% oe Cityf the appraised
separate agreement shall provide that Subdivider advance to City Onddvance
e andred Fife be refunded to Subdivider. Any
fair market value of the real property. Any unexpended portion o
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.
Page 3 of 6
T:\\29125\sia
6. Completion of Im rovements. Subdivider shall begin construction of the ImprovementswithinPortions
ninety
of the
days and shall complete construction
Improvements may be completed at a later
twelve (12) months by theer approval
City lEngineer orasset forth in Exhibit A.
econsttructionof the improvements within the specified time periods shall
Failure by Subdivider to begin or comple default of this
Subd
er
co
nstitute cause for City, in its sole discretion and when �t deems necessary, to declareetionlofthe in
agreement, to revise improvement security dards or sequencing se uencing of thetlmprovements in response to changes in
ents as necessary
and/or to require modifications m the standards q
stan
dards 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 withinthe
time
affected by rein du events will stries,
act of God, or other events beyond Subdividers control, the time limits for obligations
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 terms and approve Condit r d ny the his
request or conditionally approve the extension with additions or revisions tot e
Agreement.
, Subdivider shall furnish securities, similar in form and substance to those
As a condition of the time extensionies
re uired in SECTION 3 hereinabove, to cover the period of extension. The value of the he time tof the elxtens on, and to
q
ensure the performance of and payment forimprovementsthat remain incomplete a
provide warranty security on completedimprovements.
9. Survey Monuments. Before final approval of street improvements, Subdivider and shall pla a La Qu Cta Muments pal
in accordance with the provisions of Sections 66495, etsec. of the Subdivision Map Ac
Code. Subdivider shall provide the City Engineer written proof that the monuments have
on monument tie outs
n set, evidence of
payment and receipt thereof by the engineer or surveyor setting the monuments, and ect
for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and reprior to uesshall beptanceaccomf the
Improvements by City, Subdivider shall submit a request for final approval byCity. The letters loin other agencies having
ied
by any required certifications from Subdividers engineers or surveyors, approval
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
to bewill r n accoview he requwth
documentation and will inspect the Improvements• ein, obligations rovements are determinedrequired by the Conditions of Approval
nce
applicable City standards and specifications, and as provided hre
as
and this Agreement have been satisfied, and Subdivider has provided revised plansrequired
in Council.
11,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City
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 sheet of the plans shall be
Impo the plans depict the actual
rovements constructed. When necessary revisions have been made, each separate
clearly marked with the words As -Built, As -Constructed," or "Record Drawing," toa1inshallbe stamped by an
California, and the
engineer or surveyor, as appropriate for the improvements thereon, who is licensedpractice
plans shall be resubmitted to the City Engineer.
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to ity any defective work or year,
beginning on the date of final acceptance of the Improvements by the City Council, againsty
labor
done, or defective materials furnished, and shall repair or replace such defective work or materials.
� yY
13. Release of Security. City shall retain and release securities in accordance with the provisions of Section title
o
this agreement. Prior to the release of payment security, the City Engineer the amouuire nt'der to provide a of payment security
report or other evidence sufficient to show claims of lien, if any, that may affect
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, and
Page 4 of 6
T:\\29125\sia
ees
Subdivider shall pay the entire cost of such performance by City including costs of suit a I reasonable
ale attorneys
ttorne sdeterminf by
incurred by City in enforcing such obligation. In cases of emergency or compelling public ,
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,
rholdsent City and ,its officers,
s, and agrees to indemnify,
employees, agents, representatives, and assigns administrators, guarantors, heirs, and assignns 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 ofcthiAgreement is inconsistent with or fails
incorporated herein by
to include one or more provisions of the Conditions of Approval, which do () s
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.
Y
E. In the event of an 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.
Page 5 of 6
T:\\29125\sia
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY: City of La Quinta
Thomas P. Genovese, City Manager
ATTEST:
City Cler -
SUBDIVIDER: RIVIERA VILLAS, LLC f a C A %-1- C
Local Address
78-371 Highway 111
La Quinta, CA 92253
First Pacifica Development Corp.
a California Corp., Manager
By:
Title:
By:
Title:
Reviewed and Approve
Approved as to Form:
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
k-
Date
Principal Address.
300 E. State Street, Suite 100
Redlands, CA 92373
2 � �, I d 4
C.�
d:
City E gine Date
i A orney Date
Date
Date
Page 6 of 6
T:\\29125\sia
Exhibit A
Security - Tract 29125
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 and consists of infrastructure
improvements located around the perimeter of the PGA West Specific Plan area required by the Specific meter
including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, P
sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory
improvements other than cost participation as outlined in the Conditions of Approval and herein.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as
specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10 /o) of the total performance security for the tract and
shall not reduce total performance security below the amount necessary to complete the Improvements plus ten
percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted,
in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work
completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and
accepted by the City Council.
Improvement Description
Performance
Labor & Materials
Streets Improvements
48,778
48,778
43,950
43,950
Grading
Site Perimeter Wall
32,000
32,000
Domestic Water
66,700
66,700
Sanitation Sewer
14,260
14,260
Monumentation
5.000
0
Construction Subtotal:
$210,688
$205,688
Contingency (25% of Project)
59,952
TOTAL:
270,640
Offsite Participatory Improvements 2
$29,120
0
This improvement item shall be constructed/installed within six (6) months after recordation of the Tract
Map.
This improvement item will be paid in cash, to the City for redistribution to the party who constructs the
offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not
exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs
confirm a lower participation amount.
-k 45 ,� A M E R I C,9
}
STATE OF CALIFORNIA Iss.
COUNTY OF gj,,,,j cip }
On March 5, 2004 before me Constance Gorsuch
,
personally appeared
Bo Kuo
personally known to me
(or 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.
Signature
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages �p
Other signatures not acknowledged
3008 (1/94) (General)
First American Title Insurance Company
ASSIGNMENT AND ASSUMPTION AGREEMENT
AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 29125
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENT ("Assignment & Amendment) is made
and entered into as of the . day of 777 120J0, by and among the CITY OF
LA QUINTA, a municipal corporation of the State of California ("City"), Riviera Villas,
LLC, a California Limited Liability Company, ("Assignor"), and Riviera Villas, LLC, a
California Limited Liability Company ("Assignee").
RECITALS
A. City and Assignor entered into that certain Subdivision Improvement
Agreement, dated May 24, 2001 ("SIA"), pursuant to which Assignor, as the
"Subdivider" defined in the SIA, agreed to plan for, install, and construct certain public
and/or private improvements on Tract No. 29125 ("Tract"), as more fully described in
Exhibit "A" of the SIA ("Improvements").
B. Assignor desires to assign the SIA, and all of Assignor's rights and
obligations thereunder, to Assignee and Assignee desires to assume Assignor's
position with respect to the SIA and of Assignor's rights and obligations under the SIA
subject to the terms of this Assignment & Amendment.
C. In connection with the foregoing described assignment and assumption,
the City and Assignee have agreed to certain modifications to the SIA as set forth
herein to be effective upon full execution of this Assignment & Amendment by all t
he
parties hereto.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
covenants and promises hereinafter contained, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Assignment and Assumption. Assignor hereby transfers and assigns to
Assignee all of the Assignor's rights, title, and interest in and to, and obligations under,
the SIA, and Assignee hereby assumes all rights, title, and interest in and to, and
obligations under, the SIA. City hereby consents to the foregoing assignment and
assumption.
F220
2. Replacement of Improvement Security. Pursuant to the SIA, Assignor
has furnished the City security for the Improvements in the form of:
(a) A Faithful Performance Bond in the amount of $270,640.00 for the following
improvements: Street Improvements, Grading, Site Wall, Domestic Water, Sanitation
Sewer, and Monumentation plus 25% Contingency.
b A Labor and Material Bond in the amount of $205.688.00 for the following
improvements: Street Improvements, Grading, Site Wall, Domestic Water, and
Sanitation Sewer.
For purpos
es of this Assignment & Assumption, such security in the aggregate shall be
hereinafter referred to as "Improvement Security." Assignee hereby warrants that within
five (5) days of this executed Assignment and Amendment, it shall replace Assignor's
Improvement Security with security of its own in an amount as specified in the Amended
Subdivision Improvement Agreement. Assignees security shall be in full compliance
with the terms and conditions stated in the SIA for such security. The City agrees that
upon receipt of evidence that Assignee has obtained such new security in a form
satisfactory to the City, the City shall release the Original Subdividers Improvement
Security.
3. Incorporation of SIA Provisions. The Amended SIA, and each provision
therein, unless otherwise modified in writing, is incorporated in this Assignment &
Amendment in its entirety and Assignee agrees and warrants that it assumes and is
bound by each obligation found in the Amended SIA in the same manner as Assignor
prior to this assignment.
-2-
F220
IN WITNESS WHEREOF, the parties hereto have executed this Assignment &
Amendment on ( *"-' day of Mom •. , 248_1•
CITY: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
3 // 9 /O:f
Thomas P. Genovese Da e
City Manager
ATTEST:
June S. e
City Clerk
ASSIGNOR: Riviera Villas, LLC a C A L L C
1651 East Fourth Sit., Ste. 228
Santa Ana, CA 92701
J L 3 Q �
Title r Date
ASSIGNEE: Riviera Villas, LLC1 0- C A LLC
300 E. State Street, Ste. 100
Redlands, CA 92373
By: Firat Pacifica Development Corp. a CA
Corporation, Manager
My; 23A"'41- 3 - 5--0
Title: L 04L-I&J Date
F220 -3-
45.E nMER jc
e
}
STATE OF CALIFORNIA }ss.
.COUNTY OF Riverside }
On March 5, 2004 , before me, Constance Gorsuch
personally appeared so xuo and John L . Rainaldi
personally known to me .
(or proved to me on the basis of satisfactory evidence) to be the persons) 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 m/h;d and off#al seal--� .,7
.Signature
C. QH .
Oran 0 1357687
Ndtry PLtk ..CC*fotnicr
ode County
a1m. E esJun 20.2i
(This area for official notarial seal)
Title of Document Assignment and Assumption Agreement and Amendment to Subdivision
Date of Document Improvement Agreement No. of Pages 3
Other signatures not acknowledged None
3008 (1/94) (General)
First American Title Insurance Company
NOTE
Regarding the Amendments to SIA 29125:
This property has been purchased by a new owner. The new owner also
purchased the "name Riviera Villas." In addition to this Tract, Tracts 29121 &
29122 which were under the name MSG La Quinta Homes have been
purchased by the same buyer and renamed "Riviera Villas."
Therefore, because there is a new owner, new bonds have been required in
addition to the Assignment & Assumption Agreements and Amendments to the
SIA's for all three Tracts.
Name: Riviera Villas LLC (new owner in March 3004 but Riviera Villas name
was retained)
Tract No. 29125 (changed to 33015 on 1 /4/06) (bond amounts same w/rider)
Date of Contract: May 24, 2001 / March 16, 2004
Required Bond Amounts:
Streets
$48,778
Grading
$43,950
Perimeter wall
$32,000
Water
$66,700
Sewer
$14,260
Offsite Imp.
$29,120
Monumentation
$ 5,000
Contingency
$59,952
Dates of Bond Reductions:
performance & labor
same
same
same
same
performance only (to be paid in cash)
performance only
performance only
Outstanding Bonds:
Insurance Company: American Contractors Indemnity Co.
Amount: Bond No. Date Cancelled/Released:
$ 270,640
$ 270,640
831764S
203400
Replaced 3/29/04
$205,688 (L&M) 831764S Replaced 3/29/04
$205,688 (L&M) 203400
a � i ,
BOND NO. 203400
PREMIUM: $5,413.00
SUBDIVISION IMPROVEMENTS
Tract Map No. 29125
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quints has approved the final map for Tract Map
No. 29125 , prior to installation of certain designated public improvements required by the
Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quints, State of Caffornia, and
FIRST PACIFICA DEVELOPMENT CORP hereinafter designated as ("principal")
have entered into an agreement whereby principal fi lnstell and complete certain designated public
improvements, which said agreement, dated ______-5, 2004, and identified as
Tract Map No. 29125 , is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
NOW, THEREFORE, we, the principal and AMERICAN CONTRACTORS INDEMNITY COMPANY
as surety, are held and firmly bound unto the City of Le Quints hereinafter called ("City"), in the penal sum
of TWO HUrIDRED SEV= TH0USAM SIX HUNDRED FORTY DOLLARS ($ 2 7 0 , 6 4 0.0 0 ) lawful
money of the United States, the payment of which sum well and truly to be made, we bind ourselves, our
heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,
administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and
perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as
therein provided, on his or their part, to be kept and periormed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall indemnify and save
harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
FM - Performance Bored Paps 1 of 2
BOND NO. 203400
PREMIUM: INCLUDED
SUBDIVISION IMPROVEMENTS
Tract Map No. 29125
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quints has approved the final map for Tract Map
No. 29125 ,prior to installation of certain �e�signits d public improvementsrequired by the
Conditions of Approval for the subject map, in we with the Calftn-da Map Act (Government Code
Section 66462)
WHEREAS, the City Council of the City of La Quints, State of California, and have
FIRST PACIFICA DEVELOPMENT CORP hereiftefter designated as "the principal"
entered into an agreement whereby the�n�i eat and � aan}fied complete
plete certain designated public
improvements, which agreement, dated ,
Tract Map No. 29125 , is herebyre rred to and made a pert hereof; and
WHEREAS, under the terms of the agreement, the principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of La Quints to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of Califomis.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound
unto the City of La Quints and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code in the sum of'TWO HUNDRED FIVE SIX HUNDRED EIGHTY-
EIGHT DOLLARS ($ 205, 688.00 ), for materials fumished or labor thereon of any kind, or for
amoudue under the Unemployment Insurance Act with respect to this work or labor, that the surety will
pay the same in an amount not exceeding the amount and reasonable expenses and fees
upon this bond, will pay, in addition to the faceamount
including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded
and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file daims under Title 15 (commencing with Section 3082)
of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
F202 - LaW and MateriM Bond Page 1 of 2
CITY ov LA QUINTA
AMENDED SUBDIVISION IMPROVEMENT AGKLLMtN I
TRACT MAP No. 33015
THIS SUBDIVISION IMPROVEMENT AGREEMENT
MENT (the "Agreement") is made and enteer ad dintobetthis
s ,t l
Riviera Villas, LLCr, a Caitifomia Limited Liability Company, hereinafter referred to as "Subdivider," and the City of La
Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map) or a unit or iano in LIM Ciiy U; La
County of Riverside, which unit of land is known as Tract No- 33015 (the "Tract") 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, except for the finished paving, have been installed but not accepted oy the',ay at t1115
The above noted improvements were installed under Tract Map No. 29125, which is being replaced by this new Tract
Map No. 33015.
D- Tract Map No. 29125 was approved for single family lots, but the Homeowners' Association for the Tract did not
approve of these lots. Tract Map No. 33015 is a condominium plan (accepted by the Homeowners' Association) with
the same improvements as shown on Tract Map No. 29125.
from the Homeowners'
bdivider has agreed to
E.
roject tor
rtthe condominium planf secureapproval
City lhas given the modified project athe new Tract modify the
Tractt Map No. of 33015
P 7
F It is therefore necessary that Subdivider and City enter into an agreement to reiterate Subdivider's obligations with
respect to 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 ano private street, uiall iay�, uLill Ly, iai
ed to be constructed under this Agreement as listed in Exhibit
other improvements required to be constructed or agre
"A", and shall bear the full cost thereof- The methods, standards, specifications, sequence, and scheduling of
construction snau oe as approveu uy uic arty E-iiyllizzl-
Improvement Security.
A. The Subdivider may provide a rider from American Contractors Indemnity Company in a form acceptable
to City attaching the existing Performance Bond (Bond No. 203400) and Labor and Material Bond (Bond No. 203400).
Said rider shall expressly state that the existing bonds from Tract Map No. 29125 are being transferred to cover
Improvement under the new Tract Map No. 33015.
B. 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 I mprovements 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
�oN
z'd Ob8L-LBtl-ZTf, Ilia,4ueS C �otuged d9T:Z0 so LT
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 forthe 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.
U. improvement security snap conrorm to Section Ub4yy or the Ual romra vovernment t;ode 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.
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 duality rating of "A" or better and a commitment reliability
rating or rc-Z or oener on the investment Uata txchange (ot the Los Angeles County I reasurer'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
aeposuor until releasea oy i,,Iry. Letters or creoiT shall guarantee that ail or any portion of the tunas available pursuant
io the letters of credit wiii be paid upon the written aernana 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
u lu ii 1 (piuvenief ib anu swan iticruoe the power, or sale or the real property, ail aunaings and Improvements thereon, or
that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging or
n i any wide apNei irnnn iy, aria Ulu e6er vations, rernainuers, rents, issues, ano proms tnereot. i ne conaterai value oT
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
ui ui, state, leueidi, ui iucai yovemrnent provioes at least iwenry rercent t�uio) or the nnancrng tor 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
udiiiui wa vuverrtrnent t,00e, aeposrtea, at t nys option, wiTn Uiry or a responsible escrow agent or trust company.
D. 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.
E. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form
or security provided. Administrative tees 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
t u UbtSL-Ltit�-C l7 L Le4UCS 'L >1J iJ4ed ay L ; e U SU L L r"'N
(surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for
auun„ua, u, warranty securuy +, the warranty security IS or the same corm and rrom 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 Tee shall be une tiunarea airy Dollars (�i1bu_uu).
2) pui iicrra un rear NruNe,,y aaucx:,weu u, racayraNn a) u, 5CV r,Vry �.rs., wr wrier uitywiu prepare
lien agreements and subordination agreements. administer valuation of the real property and administer the
agreements over me Ve or the lien. an or wnicn reauire legal assistance and tinancial advice. Subdivider shall nav to
tarty an aamrnistraWn fee of'One Halt of One Percent (0.5%) of the estimated cost of the improvements secured but
not less than rive Hundred collars ($b00.00) nor more than Five Thousand Dollars ($5,000.00).
J) For otheir torms of security listed in Section 3 B, above, there will be no administrative fee.
F. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements
shall remain in place until thce 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 securitty 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 varucipatory Iraiprovements. It Subdivider tails 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.
Q). oeL;ur,ty snau sjiot expire, ue reaucea or oecome wnony 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 maf4, return receipt requested.
h. )ecunry snau:.ne released in the twowing manner:
1) Pertorma3nce secunty 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 Subdivic er. However, no such reduction shall be for an amount less than Ten Percent (10%) of
u,e tu,ar penurnrarice security provtaea Tor ine Tartntui perTormance of the actor 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) Participa4ory Improvement security shall be released upon payment by Subdivider of Subdivider's
share of the cast ov estimaterd 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, itte 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 orxe or more., outstanding requests by City for performance of work or provision of materials under the
terms of the warranty, warrarrrty security shall be retained until the outstanding requests are satisfied or until Subdivider
has made other arrangemends satisfactory to the City Engineer.
t, d 0.178L,-L8f,- T b t T 1 aaueS 0 i .14ed d9 T: ao SO IT ^oW
d. Pei mils Keguired, i;rior to commencing any pnase oT work, 5ubalviaer snail obtain all permits required Tor
tiidi prase ui wolK and pay all requireo tees. vvorK pertormea 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
ine acquisition or rear• property not owned by 5ubalvioer or uity, -subdivider shall use its best efforts purchase such real
piuperty at a reasonaoie price. In the event tnat 5ubaiviaer 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.
C i4 may, oui is not required to, agree to attempt To acquire such real property on behalt of Subdivider. It City so
agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said
separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised
fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any
additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of
said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse,
waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this
Agreement or the Conditions of Approval.
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90)
days and shall complete construction within twelve (12) months after the approval of the original Subdivision
Improvement Agreement, which was approved on March 5. 2004, Portions of the Improvements may be completed at
a iatei uate, as determined by the c.iry tngineer or as set torth In txniblt 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
irnplovernents. 6aid ranure snail not otnerwise 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.
o.HI C CTUYri5iulI. 0uuolvIUe1 may rrtare appllcavon In writing to Ine pity council Tor an extension oT time Tor
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 it it! per turmance or and payment for improvements mat remain incomplete at the time of the extension, and to
provide warranty security on completed Improvements.
Y. Survey Monuments. Before final approval of street improvements, Subdivider shall Place survey monuments
n 1 acwi uance wttn uie pruvisiuns or 5ecuons oo4ao, et sec. or the 5uDaivision Map Act and oT the La uuinta 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
uucumentatiun ano wiil Inspect the improvements. it 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.
S'd O�,BL-LBf,-aTb ITTaqueS -C >i0i-J-4eI dLT:aO SO LT AoN
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
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, 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
i o. Indemnitication. 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
in Erie event that any requirement or conaition ottnis Agreement is inconsistent with or tails
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.
11. ocvcrduiuty. in Erie event that any provision or provisions of tnis Agreement are held unentorceable, all
provisions not so held shall remain in full force and effect.
18. General Provisions
A, Air notices pursuant to tnis Agreement shall be in wnting 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 defivery 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.
9'd Ot,81- LBO-aTf, i T TaqueS -C >jotjged dBT :ao SO LT AOW
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY: City of La Quinta
t17
t Thomas P. Genovese, City Manager
ATTEST:
City Clerk
SUBDIVIDER: RIVIERA VILLAS, LLC
Local Address
78-371 Highway 111
La Quinta, CA 92253
By: rs 1 ��, t►« D��t��o Syr C�� a c- c
Title Q
By- k r '' ,
Title: lS a
Reviewed and Appro,
Approved as to Form
7"95 Calle Tampico
La Quinta, CA 92253
760/777-7075
Date
Principal Address
300 E. State Street, Suite 100
Redlands, CA 92373
("3;C PLYA,-,toy.Date
Z
bat
Dat
7 OS
Date
z'd 0b8L-L8b-aT-1:7 tiiaqueS 'r' Aoiuged dfri':90 so LT A0W
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before me,
D, t Namo i,j Title of Offircr ;e a J1^e Doe N.Ix, Publ
personally appeared
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
8 SUNING CHEN subscribed to the within instrument and
Commission # 1464449 ] acknowledged to me that he/she/they executed
y-es Notary Public - California I the same in his/her/their authorized
San Bernardino County capacity(ies), and that by his/her/their
�+ � MyComm. Expires Jain 20.201 � signature(s) on the instrument the person(s), or
0 the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
qn r u. N,!,� Put 1,
OPTIONAL
Toucgh she fo rmat,o t Plow is not required by law. �t may prove valuable to persons relying on the document and couki prevent
�audulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document
Document Date: _ _ _ _ Number of Pages.
Signer(s) Other Than Named Above: __-
Capacity(ies) Claimed by Signer
Si ner"s Name
- r-rasrnmr_r.-r'a
Individual ( -- I:: u
Corporate Officer Title s):
Partner Limited General
Attorney -in -Fact
Trustee �
Guardian or Conservator
Other
Signer is Pepiesentrnr;
Exhibit A
Security - Tract 33015
�_xk,CpL as umei wise provioea nerein, juDaivicier 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 and consists of infrastructure
improvements located around the perimeter of the PGA West Specific Plan area required by the Specific Plan
including: street, landscaped median, water, sewer, electric power, storm drain, perimeter landscaping, and perimeter
sound attenuation wall installed after January 1992. Subdivider will not be held responsible for participatory
improvements other than cost participation as outlined in the Conditions of Approval and herein
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as
specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and
shall not reduce total performance security below the amount necessary to complete the Improvements plus ten
percent (10%) of the original amount. Partial releases of performance security will be evaluated and maybe 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.
caoor & matenals 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
Streets Improvements
48,778
48,778
Grading
43,950
43,950
Site Perimeter Wall'
32,000
32,000
Domestic Water
66,700
66,700
5amtation Sewer
14,260
14,260
Monumentation
5.000
0
Construction Subtotal:
$210,688
$205,688
Contingency (25% of Project)
59,952
TOTAL:
270,640
Offsite Participatory Improvements z
$29,120
0
This improvement item shall be constructed/installed within six (6) months after recordation of the Tract
Map.
This improvement item wiii be paid in cash, to the City for redistribution to the party who constructs the
offsite improvements, prior to final acceptance of the tract improvements. The actual amount will not
exceed $29,120 ($16,000/gross acre subdivided), but may be reduced to a lower amount if actual costs
confirm a lower participation amount.
B'd iTTaqueS •p >101u4ed d6T:aO SO LT AoW