30519 KSL Desert Resorts CLOSED?CITY OF LA QUINTA
SUBDIVISION IMPROVEMENT AGREEMENT
Parcel Map 30519
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement') is made and entered into this
1 day of -`�tL n _, 20 O a ,
by and between KSL Desert Resorts, a Deleware Corporation, Inc., hereinafter referred to as "Subdivider," and
the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map') of a unit of land in the City of
La Quinta, County of Riverside, which unit of land is known as Parcel Map 30519 (the "Tract') pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act').
B. Within one year of the recordation of the Map, the Subdivider is required set survey monuments as
shown on the recorded map.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
Monumentation Security.
A. Monumentation security shall conform with Section 66499 of the California Government Code and
one of the following:
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
B. 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 the furnishing and
installing the monuments.
C. 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.
D. 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. Survey Monuments. The 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.
3. Release of Security. City shall retain and release securities in accordance with the provisions of Section
1 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.
TAPWDEPT\STAFF\Schulze\Parcel Maps\Pm30519\PM30519-SIA.wpd Page 1 of 3
4. 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.
5. 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 attomeys' fees.
6. 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.
7. 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.
8. 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\Schulze\Parcel Maps\Pm30519\PM30519-S1A.wpd Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
ATTEST:
SUBDIVIDER:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
4�11'f Z
Date
KSL Desert Resorts, Inc.
A Delaware Corporation
(760)564-8000
Attn: Larry E. Lichliter
Executive Vice President
�9 // t 0 Z'-
Dat
By:
Date
Title:
Reviewed and Approved: �� f�Z
City ngine6r Date
Approved as to Form: ��� fv ,Z U (0 Z
City Attomey Dat
T:\PWDEPT\STAFF\Schulze\Parcel Maps\Pm30519\PM30519-SIA.wpd Page 3 of 3
Exhibit A
SECURITY - PARCEL MAP 30519
Except as otherwise provided herein, Subdivider shall furnish performance security prior to agendization of the
Map for approval by the City Council.
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.
Improvement Description Performance
Monumentation $2,240
Total: $2,240