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31681 Coral Option I - NO SIAOUTSTANDING BOND REPORT Name: Coral Option I LLC Tract No. 31681 Date of Contract: no SIA as of 10/27/03 Required Bond Amounts: Dates of Bond Reductions: Outstanding Bonds and Bond Company: Travelers Casualty & Surety of America Amount: $948,000 (PM10) Bond No. 104027114 $135,000 (PM 10) LOC# 1308 Date Cancelled/Released: ft pMM DESERT NATIONAL�K October 8, 2003 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1308 Beneficiary: Amount: $135,000.00 City of La Quinta 78-495 Calle Tampico La Quinta, Ca. 92253 To Beneficiary: We hereby establish our irrevocable Standby Letter of Credit in your favor, by order of Coral Option I, LLC, 530 Beacon Parkway West, Suite 800, Birmingham, AL, 35209. The amount set forth above will be available to you by submission of your Sight Draft(s), through proper clearing channels (consult your bank), accompanied by this original Letter of Credit and Beneficiary's officially -signed statement certifying that: Coral Option 1, LLC, a Delaware Limited Liability Company, has failed to perfonn dust abatement for development of the Coral Mountain property (golf course and residential area) between; Avenue 58 and Avenue 60, and Madison Street and Monroe Street, and that Coral Option 1, LLC has been notified in writing of the failure to perform at least ten (10) days prior to drawing(s). Each draft must state on its face, "Drawn under Palm Desert National Bank Letter of Credit No. 1308 dated October 8, 2003' . Drafts may not be presented for purposes which pre -date this Letter or, under any circumstances, later than the expiration of the Letter on October 3, 2004. This Letter of Credit is transferable only upon our prior approval and payment of an appropriate transfer fee. We hereby agree to duly honor drafts properly drawn on, and in strict compliance with the terms of, this Letter of Credit, on presentation during normal banking hours to this bank at 73-745 El Paseo, Palm Desert, CA 92260, ATTN: Note Dept. This Letter of Credit is subject to law of the State of California, including the Uniform Commercial Code, and International Chamber of Commerce rules pertaining to Uniform Customs and Practice for Documentary Credits (ICC Publication #500, 1993 revision). TO BE VALID, THIS LETTER OF CREDIT MUST BE SIGNED BY TWO OF THIS BANK'S CORPORATE OFFICERS. PALM DESERT NATIONAL BANK By: By: Lozan Stephign Christian Senior Vice President Senior Vice President 73-745 E4 Paseo, Palm Desert, CA 92260 - 70-390 Highway 111, Rancho Mirage, CA 92270 - 47000 Washington Street, La Quinta, CA 92253 (760) 340-1145 - WWW.PDNO.COM BOND NO.: #104027114 PREMIUM: TRACT/PARCEL MAP. NO.: PERFORMANCE BOND Coral Option I, L.L.C., a Delaware Company, as Principal, and Travelers Casualty & Surety Company of America, As Surety, are bound unto the City of* La Quinta, State of California, in the penal sum of Nine Hundred Forty -Eight Thousand Dollars and Zero Cents ($948,000.00), for the payment of which sum, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, as follows: The condition of the obligation is that Coral Option I, L.L.C. is the developer of the Coral Mountain Property (golf course and residential area) between Avenue 58 and Avenue 60; and Madison Street and Monroe Street. And Whereas the City of La Quinta, California's Fugitive Dust (PM-10) Mitigation Plan requires that this bond be filed with the City as a condition precedent to development of said property. Now Therefore, if the principal shall fully comply with all requirements of the City of La Quinta, California's Fugitive Dust (PM-10) Mitigation Plan for the development of said property, then this obligation shall cease and be void, otherwise it shall remain in full force and effect. If the principal fails to perform dust abatement pursuant to said Dust Mitigation Plan, the Surety expressly agrees to pay the City of La Quinta the principal sum of this security, or any portion thereof demanded, upon ten (10) days notification in writing of said failure to perform from the City of La Quinta, California. If legal action is required to recover under this bond, the protection afforded by it shall cover the payment of reasonable attorney fees to City. PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 La Quinta, CA 92247-1504 DOC N 2004-0666863 07/22/2004 08:00A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder 11111111111111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. I m A R I L COPY LONG REFUND NCHG EXAM Certificate of Tentative Cancellation of Land Conservation Contract for Coachella Valley Agricultural Preserve No. 58. Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) C:\MYDATA\WPDOCS\FORMS\Recorder.wpd M AM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Attention: City Clerk (SPACE ABOVE FOR RECORDER'S USE) EXEMPT FROM RECORDING FEE PER Gov. CODE § 27383 CERTIFICATE OF TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT FOR COACHELLA VALLEY AGRICULTURAL PRESERVE NO.58 (Cal. Gov't Code § 51283.4) 1. Tentative Approval of Cancellation. Pursuant to City of La Quinta Resolution No. 2003- 126, adopted by the City Council of the City of La Quinta at a public hearing held on December 16, 2003, the City Council tentatively approved, subject to the findings, conditions and contingencies in such Resolution, cancellation of the Land Conservation Contract for Coachella Valley Agricultural Preserve No. 58, recorded on February 28, . 1974 as Document No. 23559 in Riverside County Official Records (the "Contract"). 2. Certification of Amount of Fee Cancellation. The amount of the cancellation fee, pursuant to section 51283 of the Goverment Code, has been determined and certified by the City Council to be $1,168,125. 3. Certification of Tentative Cancellation. Pursuant to California Government Code Section 51283.4(a), the Clerk of the City of La Quinta must record this certificate of tentative cancellation of the Contract ("Tentative Certificate") in the office of the Riverside County Clerk — Recorder. In conformity with California Government Code section 51283.4(a), the following information is certified in connection with the tentative cancellation of the Contract: 3.1.1 Name of Landowner Requesting Cancellation. The name of the landowner requesting cancellation of the Contract is Coral Option I, LLC, a California limited liability company ("Landowner"). 3.1.2 Legal Description of Property. The property subject to this Tentative Certificate is legally described as Riverside County Assessor Parcel Numbers 764-200- 007-8, 764-210-004-6, 764-210-005-7 (the "Property"). 3.1.3 Conditions Precedent to Recordation of Certificate of Cancellation. A certificate of cancellation of the Contract will be issued and recorded at the time 2156/015610-0002 458675.01 PM03 that the conditions and contingencies specified in this Tentative Certificate and in Resolution No. 2003-126 are satisfied. 3.1.4 Description of Conditions and Contingencies. Each of the following conditions and contingencies must be satisfied by prior to and as a condition precedent of the City Council of the City of La Quinta authorizing the execution and recording of the certificate of cancellation specified in California Government Code section 51283.4(b): (a) The Landowner shall- have paid the full amount of the cancellation fee of One Million One Hundred Sixty -Eight Thousand One Hundred Twenty -Five Dollars ($1,168,125.00). Unless the fee is paid or a certificate of cancellation is issued within one year from the date of the recording of this Tentative Certificate, the fee shall be recomputed as of the date on the notice described in California Government Code section 51283.4(b) and the recomputed fee shall be paid in full as a condition of final cancellation of the contract. Neither the cancellation fee nor any portion thereof shall be waived. (b) The Landowner shall obtain all permits and approvals necessary to commence the project on the Property. (c) The conditions and contingencies contained in Resolution No. 2003-126, which are hereby incorporated herein by this reference as if repeated in full, shall be satisfied. IN WITNESS WHEREOF, the City of La Quinta provides the aforementioned certification as required by California Government Code section 51283.4(a). Executed this �` day of J yA 92004. ATTEST THE CITY OF LA QUINTA, a publi body copan olitic hms-By G eek, City Clerk By Z Thomas P. Genovese, City Manager APPROVED AS TO FO By: Qom,Z�Z M. Kat Brine Jenson, City Atto y 2156/015610-0002 458675.01 PM03 -2- STATE OF CALIFORNIA ) • ) ss COUNTY OF / V .51 dew ) On T 41 /4 =4�Do �, before me, NO �� c► personally appeared '% e personally known to me ( ) to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/9hel4ey executed the same in his+�authorized capacity(ies), and that by his/ke"4heir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. �0_ � =-- , - t REGENIA HENSLEY [SEAL] CommNotclry a# 1� m. javerside County MyCortm.5q*MAug19,M low 2156/015610-0002 458675.01 PM03 -3- GOVERNMENT CODE SECTION 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: Regenia Hensley NAME OF COUNTY: Riverside DATE COMMISSION EXPIRES: 8-19-04 COMMISSION NUMBER: 1274458 SIGNATURE: DATE VERIFIED: LOCATION VERIFIED: COUNTY: Riverside STATE: California c� Sep of9 COUNCIL/RDA MEETING DATE: July 6, 2004 ITEM TITLE: Public Hearing to Adopt a Resolution of the City Council Approving Tentative Tract Map 31681, the Subdivision of ± 548 Acres into 472 Single -Family Lots, a Lot for 80 Casitas, a Commercial Lot, Golf Course Lots and Miscellaneous Lots, for the Property Located at the Southeast Corner of Madison Street and Avenue 58. Applicant: Coral Option I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution of the City Council approving Tentative Tract Map 31681, the subdivision of ± 548 acres into 472 single-family lots, a lot for 80 casitas, a commercial lot, golf course lots and miscellaneous lots, for the property located at the southeast corner of Madison Street and Avenue 58, subject to Findings and Conditions of Approval. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The site contains ± 548 acres and is located at the southeast corner of Madison Street and Avenue 58, south of the Greg Norman golf course and north of Trilogy Country Club (Attachment 1). The project site is within the Andalusia at Coral Mountain project. On December 16, 2003 the City Council approved Specific Plan 03-067 (Andalusia at Coral Mountain), which included up to 1,400 homes, two championship golf courses, a clubhouse with a spa and tennis facility, commercial lots, a major � 18 community facility, a gatehouse and associated amenities. Currently, the site is being graded. The applicant has recently submitted plans to the Building & Safety Department for the spa and tennis facility and the gatehouse. The applicant is requesting approval of a Tentative Tract Map (Attachment 2) to subdivide ± 548 acres into 472 single-family lots, a lot for 80 casitas, a commercial lot, golf course lots and miscellaneous lots. This tract map makes up approximately 60% of the Andalusia at Coral Mountain project. The following table is a breakdown of the various land uses and acres assigned to each within this tract: Land Use Acres Residential 132 Private Streets 34 Landscape 79 Well Sites 3 Golf Course 264 Maintenance 3 Casitas 14 Recreation/Tennis Facilit 8 Commercial 5 Avenue 58 (ROW) 1 Monroe Street (ROW) 2 Avenue 60 (ROW) 3 Total 548 The residential lots range in size from ± 9,800 to ± 17,000 square feet. The proposed lots meet the minimum lot size of 7,200 square feet as required in the Low Density Residential Zone. The commercial lot will comply with the development standards of the approved Specific Plan (SP 03-067) .and the Zoning Code. Access Vehicular access is provided via Madison Street and Monroe Street. . Madison Street provides two primary points of direct access into the project. Monroe Street provides a secondary point of access. Private roadways are proposed within the development, which will provide access to other land uses including the clubhouse, golf courses, and swimming and tennis facility. �a 019 Access to the commercial site at the southeast corner of Madison Street and Avenue 58 is provided from these two streets. The applicant does not anticipate development of the property at the southwest corner of Madison Street and Avenue 58 at this time. When the applicant does submit plans for this site, they will be processed in accordance with the Zoning Code and Subdivision Map Act. CEQA The project has complied with the requirements and rules to implement the California Environmental Quality Act (CEQA) of 1970, as amended (Resolution 83- 63), in that Environmental Assessment 03-483 was certified by the City Council on December 16, 2003, under Resolution No. 2003-124 for Specific Plan 03-067. There are no changed circumstances, conditions, or new information which would trigger the preparation of a subsequent environmental analysis pursuant to Section 15162 of the Guidelines for the implantation of the California Environmental Quality Act. Planning Commission Action At the June 8, 2004 meeting, the Planning Commission reviewed this project and voted 5-0, to recommend approval of the Tentative Tract Map to the City Council by adopting Resolution 2004-012, subject to Findings and Conditions of Approval. Public Notice This project was advertised in the Desert Sun newspaper on June 22, 2004, and mailed to all property owners within 500 feet of the site. To date, no letters have been received from adjacent property owners. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolution. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving Tentative Tract Map 31681, the subdivision of t 548 acres into 472 single-family lots, a lot for 80 casitas, a commercial lot, golf course lots and miscellaneous lots, for the property located at .the southeast corner of Madison Street and Avenue 58, subject to Findings and Conditions of Approval; or S:\CityMgr\STAFF REPORTS ONLY\PH1 rpt TTM 31681.doc C3 020 2. Do not adopt the Resolution approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, rry Hi an ommunity Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Site Location Map 2. Tentative Tract Map 31681 S:\CityMgr\STAFF REPORTS ONLY\PH1 rpt TTM 31681.doc `01 ATTACHMENT #1 58TH AVF_ SITE LOCATION MAP 250 33