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2017 - 33085 Desert Polo Land Co - SIA On-SiteCITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 33085 ON-SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of , 20 by and between Desert Polo Land Company, LLC, a Delaware 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 submitted to City for final approval and recordation a final map or Tract 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. 33085 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in City Council Resolution No. 2005-098 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. 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. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. 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 complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed on the Improvement Plans or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference, 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. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: 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 1 of 9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to acceptance of the Improvements by the City Council. 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 attorneys 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 may be 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 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, in a form acceptable to and approved by the City Attorney, 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 Tract 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. 2 of 9 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. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. 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, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 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. G. Security shall be released in the following manner: 3 of 9 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 Section 10 of this Agreement. 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) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all 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. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 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. 6. Completion of Improvements; Inspection. 6.1 Construction 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 4 of 9 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. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineer's authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Injury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 5 of 9 12. 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. 13. 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. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. 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. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, 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. 16. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 of 9 b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. 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. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. 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. 7 of 9 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. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 7Fni777-70 T Digitally signed by Frank Spevacek DN: serialNumber=3fffgcd7gnjs38w1, c=US, st=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank Spevacek Date: 2017.12.1815:29:43 -08'00' Frank J. Spevacek, City Manager ATTEST: 54,4fritA.„ Date Digitally signed by Susan Maysels DN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quinta.org, c=US Date: 2017.12.19 09:11:01 -08'00' Susan Maysels, City Clerk Desert Polo Land Company, LLC, a Delaware limited liability company 425 W 11 st Street #500 Los Angeles, CA 90015 By: Title: By: Title: ?i )\ .Tolltkk Pfesldea Reviewed and Approved: 1112(ir Date reseNticAil Date Brya1f McKinney, P.E., Interim City Engineer Approved as to Form: /21/1/17 Date William H. lhrke, City Attorney Date 8 of 9 Exhibit A SECURITY — TRACT MAP NO. 33085 ON-SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. 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 Mobilization $ 29,923 Rough Grading & Walls $ 112,520 Street $ 74,147 Storm Drain $ 47,062 Water $ 16,300 Sewer $ 15,200 Dry Utilities $ 15,000 Basin Landscaping $ 9,000 Monumentation $ 10,000 Totals $ 329,152 Standard 10% Contingency $ 32,915 Total Construction Cost $ 362,067 Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount $ 36,207 $ 36,207 $ 434,481 9 of 9 OP \S-00 CASH DEPOSIT STATUS SHEET* Budget Account No. Assign by Finance DIN: TTM 33085 Project Location: South Orchard; SW Corner of Madison St and Beth Circle Developer: COACHELLA MUSIC FESTIVAL LLC; 425 WEST 11TH STREET, SUITE 300, LOS ANGELES CA 90015 X CASH SECURITY - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT Dust control; As -built plans; nRemoval of temporary improvements Other Performance Security for Subdivision Improvement Agreement for TM 33085 CASH PAYMENT - DESCRIPTION OF OBLIGATION PROMPTING DEPOSIT DATE DEPOSIT DEBIT BALANCE Amount Receipt # 12/5/2017 $434,481 $434,481 COMMENTS Cash deposits placed in City administered trust accounts are typically received for two basic reasons: 1) CASH SECURITY- to provide a source of funds for the City to draw upon if the City incurs costs satisfying obligations of the developer, or 2) CASH PAYMENT- to provide a source of funding for improvements, property, or services to be acquired, or administered, by the City at the developer's expense. The City will release the fund balance when the developer's obligations that prompted the cash deposit are fully satisfied. The release function is initiated via the Request/Demand for Release of Cash Deposit (Form F058) Warning: The reverse sideof this document contains a.watermark •,Hold at an angle to view. Coachella Music Festival LLC 425 West 11th Street, Suite 300 los Angeles, CA 90015 PAY TO THE ORDER OF MEMO DATE X11 i zo[-7_ VOID AFTER 90 DAYS Wells FarVia,6Avike4 evioutfi t7Itvgo Bank, N.A. www.wellsfargo.com CHECK NO. 14401343 64-975/612 Coachella Music Festival LLC MP II■ 440 L34311` 1:06 L 2097561: 207998001777311' GEM n(he DESERT — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Bryan McKinney, Interim City Engineer DATE: December 11, 2017 RE: Subdivision Improvement Agreement for On -Site Improvements for Tract Map No. 33085, South Orchards Attached for your signature is Subdivision Improvement Agreement with Desert Polo Land Company, LLC for the property referenced above. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: Contract payments will be charged to account number: Amount of Agreement, Amendment, Change Order, etc.: A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: _X_ Approved by the City Council on December 5, 2017 City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ and authorized by contract approved by Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: N/A Insurance certificates as required by the agreement (approved by Risk Manager on _X_ Performance bonds as required by the agreement (originals) - Cash Security with Finance Dept N/A City of La Quinta Business License number A requisition for a Purchase Order has been prepared (amounts over $5,000) A copy of this Cover Memo has been emailed to Finance (Sandra) date) Revised May 2017 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: December 5, 2017 STAFF REPORT AGENDA TITLE ADOPT A RESOLUTION TO APPROVE THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO. 33085, SOUTH ORCHARD, LOCATED AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE RECOMMENDATION Adopt a resolution approving the Final Tract Map and Subdivision Improvement Agreement for the South Orchard residential development associated with Tract Map No. 33085; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • Desert Polo Land Company, LLC. (Developer), the developer of the South Orchard, has requested approval of a Final Tract Map. • This is a ministerial action that occurs when the conditions of development are satisfied or secured through agreement. FISCAL IMPACT - None BACKGROUND/ANALYSIS South Orchard is a residential development located at the southwest corner of Madison Street and Beth Circle (Attachment 1). The Final Tract Map subdivides the property into 7 single-family lots. The site is vacant. The Developer seeks approval of the Final Tract Map (Attachment 2) and Subdivision Improvement Agreement (Attachment 3). The Developer has executed the Subdivision Improvement Agreement, submitted a deposit to secure the conditioned on-site improvements, paid for the fair -share off-site improvements, and paid the in -lieu park fee. The Final Tract Map has passed technical review by the City Surveyor and has been signed by the Developer. ALTERNATIVES Staff does not recommend an alternative action. Prepared by: Bryan McKinney, P.E., Interim City Engineer Approved by: Frank J. Spevacek, City Manager Attachments: 1. Vicinity Map 2. Tract Map 33085 3. Subdivision Improvement Agreement 67 TRACT MAP NO. 33085 V/STA BONITA TRAIL ATTACHMENT 1 VICINITY MAP NOT TO SCALE 71 ATTACH M ENT 2 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 33085 BEING A SUBDIVISION OF PARCEL 3 AND A PORTION OF LOT 'B" OF PARCEL MAP NO. 16457, FILED IN P.M.B. 100/48, AND BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4 SE1/4) OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA COACHELLA VALLEY ENGINEERS SEPTEMBER, 2017 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSON(5) WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN RYE DISTINCTIVE BORDER LINE. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT AN EASEMENT OVER ALL PRIVATE AND/OR PUBLIC STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN (70) FEET IN WIDTH ON BOTH SIDES OF A410 ADJACENT TO ALL PRIVATE ANO/OR PUBLIC STREETS SHOWN ON THIS MAP FOR THE EXCAVATION, LAYING, CON5790(00N. INSTALLATION. MAINTENANCE OPERATION, INSPECTION, REPAIR, REPLACEMENT, AND REMOVAL OF ELECTRICAL LINES WIRES, CABLES, DUCTS, SUPPORTS FIXTURES, FACILITIES AND APPURTENANCES WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN 5441E FOR MAINTENANCE, OPERATION, AND EMERGENCY VEHICLES.. WE HEREBY RETAIN LOTS C" AND "0' DESIGNATED A5 "PRIVATE STREETS' A5 SHOWN HEREON FOR PRIVATE 4)SE FOR SOLE BENEFIT OF OURSELVES OUR SUCCESSORS ASSIGNS INC LOT OWNERS WITHIN 17115 TRACT MAP. WE HEREBY RE7NN LOT E' FOR LANDSCAPE AND DRAINAGE PURPOSES FOR PRIVATE USE FOR SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNS AND LOT OWNERS WITHIN TMS TRACT MAP. WE HEREBY DEDICATE AN EASEMENT OVER LOT A" TO THE CITY OF LA QUINTA FOR STREET AND PUBLIC UTILITY PURPOSES WE HEREBY DEDCATE TO THE CITY OF LA QUINTA, EASEMENTS FOR PEDESTRIAN, EQUESTRIAN AND LANDSCAPE PURPOSES OVER LOT E" INC HEREBY RELINQUISH ACCESS RIGHTS 70 MADISON STREET FROM ANO OVER LOT E' WE HEREBY DEDICATE TO THE CITY OF 01 QUINTA, EASEMENTS FOR PUBLIC UTILITY PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES OVER LOTS C" AND "0" AND THOSE AREAS DESIGNATED A5 7710 REAL PROPERTY DESCRIBED BELOW IS DEDICATED A5 AN EASEMENT FOR PUBLIC PURPOSES: LOIS C" AND b' DESIGNATED AS 'PRIVATE STREETS', AND THOSE AREAS DESIGNATED A5 "10' P.U.E." THE DEDICATION IS FOR DOMESTIC WATER AND SANITATION PURPOSES. IN FAVOR OF COACHELLA VALLEY WATER DISTRICT. THE EASEMENTS 50 DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, 70 SURVEY. CONSTRUCT, RECONSTRUCT; LAY, RELAY, MAINTAIN, OPERATE, CONTROL. USE AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES AND TO REMOVE OBJECTS INTERFERING W91H THE CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF. COACHELLA VALLEY WATER DISTRICT WILL NOT BE RESPONSIBLE FOR ANY IMPROVEMENTS WITHIN SAID EASEMENTS IN THE EVENT THAT OPERATION AND MAINTENANCE ACTIVITIES RESULT IN DAMAGE OR REMOVAL OF SAID IMPROVEMENTS. DESERT POLO LAND COMPANY. A DELAWARE LIMITED LIABILITY COMPANY BY: COACHELLA MUSIC FESTIVAL ILL, A DELAWARE LIMITED LIABILITY COMPANY. ITS MANAGING MEMBER BY: COLDENVOICE LLC, A DELAWARE LIMITED LIABILITY COMPANY AND CV.( tr A.F., INC.. A CALIFORNIA CORPORATION, ITS MANAGING MEMBER Br ("WV) A FpH(, AURIpgQEa IDWTPP+ ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE I5 ATTACHED. AND NOT THE TRUTHFULNESS ACCURACY, OR VALIDITY OF THAT DOCUMENT STATE OF CALIFORNIA COUNTY OF". ) ON $RY�iesYst_'11.1W BEFORE ME, \o.\rw , �pp_�1`LC, PERSONALLY APPEARED . \INV'N71 k Q0,1 •l WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE 70 BE THE PERSON WHOSE NAME()) I5/111r SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEAD' EXECUTED THE SAME IN R/S/IMIIIMM AUTHORIZED CAPACI7Y(S), AND THAT BY HIS/AN SIGNATURE()) ON THE INSTRUMENT THE PER50N() OR THE ENTITY UPON BEHALF OF WHICH THE PERSON()) ACTED, EXECUTED THE INSTRUMENT. I CER77FY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAL7FOR/NA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT WTNESS MY Fr 1440OFF7CIAI SEAL. SIGNATURE (\\�`I r C7891ria u40 " Dom.,. 21.41.1-i0dc.1%,1A\b SIGNATURE OMISSIONS PU8501717 TO SECTION 66436 OF THE SUBDIVISION MAP ACT THE SIGNATURES OF THE FOLLOWING OWNER'S OF EASEMENTS AND/OR OTHERS INTERESTS HAVE BEEN OMITTED. RESERVATIONS RECITED IN THE PATENT FROM THE UNITED STATES WHICH INCLUDE THE FOLLOWING:: SUBJECT TO ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACR/RING OR OTHER PURPOSES, AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER RIGHTS AS MAY B0 RECOGNIZED AND ACKNOWLEDGED BY THE LOCAL. CUSTOMS, LAWS AND DECISIONS OF COURTS. ANO A RIGHT OF WAY FOR DITCHES OR CANALS CON57RUC7E0 BY AUTHORITY OF THE UNITED 5TATE5, RECORDED NOVEMBER 4, 1955 IN BOOK 1816, PAGE 301, OF OFFICIAL RECORDS. AN EASEMENT IN FAVOR OF IMPERIAL IRRIGATION DISTRICT FOR A RIGHT OF WAY EASEMENT FOR UTILITIES ANO INCIDENTAL PURPOSES, RECORDED AUGU57 9, 2007,, AS INST. N0. 2007-0515129, OF OFFICIAL RECORDS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED 70 ME BY RESOLUTION NO. 2015-23, DATED FEBRUARY 10, 2015, I ACCEPT ON BEHALF OF COACHELLA VALLEY WATER DISTRICT THE DEDICATION OE THE EA +.(NTS FOR OOMESTC WATER AND SANITATION PURPOSES A5 OF7ERE0 HEREON. 907RN. TER DS -MGT DATED Q3b1Wi2 Ot 2077 0190104-4- 010 CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY 77147 UNDER AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL IRRIGATION DISTRICT. BY RESOLUTION N0. 15-90, DATED MARCH 22, 1990, I ACCEPT ON BEHALF OF SAID DISTRICT, ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES WITH RIGHT OF INGRESS AND EGRESS A5 OFFERED HEREON. 804/ ESTATE SEC1169 ']171017 0YS7RC7 OATED.Q4'Q A -r Y 2017 TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF I HAS BEEN EXECUTED INC FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, ANO ALL SPECIAL ASSESSMENTS COLLECTED A5 TAXES WHICH AT 777E TIME OF THE FILING OF THIS MAP WITH 7HE COUNTY RECORDER AREA LIEN AGAINST SAID PROPERTY. 6U7 N07 YET PAYABLE, AND 54/0 BOND HAS BEEN DULY APPROVED BY 5470 BOARD OF SUPERVISORS DATED----, 2017 KECA HARPER -THEM CLERK OF THE BOARD OF SUPERVISORS 04/70.' , 2017 CASH TAX BOND EON KENT COUNTY TAX cociEc 08 DEPUTY O PUTY TAX COLLECTORS CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, A5 OF THIS DATE, THER0 ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE WHICH ARE ESTIMATED TO BE: $ .ON CHRI5RNSEN COUNTY TAX COLLECTOR or DEPUTY DATED: 2017 SHEET 1 OF 1 SHEETS RECORDER'S STATEMENT FILED THIS DAY OF 20_, AT .M. IN BOOK OF MAPS, AT PAGES , AT THE REOUE5T OF THE CITY OF LA QUINTA NO. FEE PETER ALONIA, COUNTY ASSESSOR -CLERK -RECORDER BY: DEPUTY SUBDIVISION GUARANTEE: FIRST AMERICAN TIRE INSURANCE COMPANY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION INC IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND 0004L ORDINANCE AT THE REQUEST OF DESERT POLO LAND CO., 000 IN SEPTEMBER, 2016. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS WITH THE CONDITIONALLY APPROVED TENTATIVE MAP, THAT THE MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND WILL BE SET WITHIN 30 04Y5 OF ACCEPTANCE OF IMPROVEMENTS THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY 10 BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. Nyrrr r..�� LAIa MIRK A TURNER PLS 6532 EXP. (6/30/79 I _ /44 O Ci A. 70 97 ,T}C DATED. r�LS 2017 115fSi "� y44977 7I1Sli '= 94 C9 171 /1 "Y"ryyryll! 1 CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT l HAVE EXAMINED THE WITHIN MAP OF TRACT N0. 330E5 CONSISTING OF TWO (2) SHEETS INC AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. ' Yv ERIC A NELSON AMC CITY SURVEYOR CITY OF LA CUIN/A PLS. NO. 5563 EYP. DATE 09/30/12 CITY ENGINEER'S STATEMENT AARD' /7"/m 2017 I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT N0. J3085 CONSISTING OF TWO (2) SHEETS THAT THE SUBDIVISION SHOWN HEREON 15 SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP ANO ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT INC OF ANY LOCAL ORDINANCES APPLICABLE AT 114E TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. BRYAN W. MLWINNEY INTERIM 01Y 0707NLFR,. CITY CF U WIMP R.C.E. NO 49418 EXP. DATE 9/30/18 CITY CLERK STATEMENT / SUSAN MAY5EL5, CITY CLERK OF THE CITY OF IA QUINTA, CALIFORNIA, DO HEREBY STATE TEAT THIS MAP CONSISTING OF 7410 (2) SHEETS WAS PRESENTED 70 THE COUNCIL OF SNO CITY OF LA CONDI AT ITS REGULAR MEETING HELD ON THE DAY OF 2017, ANO TEAT THERE UPON SAID CITY COUNCIL DID, BY AN ORDER DULY PASSED, ENTERED INC APPROVED SAID MAP AND HEREBY DOES ACCEPT ON BEHALF OF THE CITY OF U QUINTA THE EASEMENTS FOR PUBLIC UTILITY PURPOSES AND THE RIGHT OF INGRESS ANO EGRESS OF 5ERWCE AND EMERGENCY VEHICLES OVER LOTS C" AND 0' DESIGNATED A5 'PR/VATE STREETS" INC THE P.U.E. AREAS A5 SHOWN HEREON, AND DOES ACCEPT THE DEDICATION OF LOT A" FOR STREET AND PUBLIC UTILITY PURPOSES SUBJECT TO IMPROVEMENTS THE DEDICATION OF EASEMENTS OVER LOT 0" FOR PEDESTRIAN, EQUESTRIAN AND LANDSCAPE PURPOSES AND HEREBY ACCEPTS THE ACCESS RIGHTS, AS RELINQUISHED. PURSUANT TO SECTION 66434(9) OF THE SUBDIVISION MAP ACT. THOSE EASEMENTS FOR STREET AND PUBLIC UTILITY PURPOSES DEDICATED OVER A PORTION OF LOT E" BY PARCEL MAP N0. 16457, FILED IN BOOK 700. PACE 48 OF PARCEL MAPS, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA, ARE HEREBY ABANDONED AND NOT SHOWN HEREON DATED:: 2017 GATED: _ , 1017 SUSAN MOSES CITY CLERK, CRY OF IA °UINTA' IX-OFIRC4 CLERK OF THE CITY CWNCtt 73 108,.23' E0 1-+8. a/74M LO RUC 07,0025 LS 651.4 174 as'. Rat I1L 60. 06279. Yd 149162-41 4.= AS C1/4 CON. 5E0. 4. EPS., RTL ©0' 0 mzmimmarawma immm'stF5FFi1i Q Q IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL J ANO A PORTION OF LOT B' OF PARCEL AWP NO. 15457, FILED IN P.M.B. 100/48. AND BErNG A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4 SE1/4) OF SEC7iON 4. TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CAUFORNI A COACHELLA VALLEY ENGINEERS SEPTE MISER. 2017 TR. NO. 14104 M.B. 112/61-69 LOT24 LOT 25 N. Jr.!) 11 04 1.5. 4021 24641.. PER IR MR 3627?. 446. 440/62-s[ Kc. A: 1.r. 5-541/ 40225 6415 t 1110 E1TEN9W W. OIL W. 66 36771 PO 445/47-63 01.76 a LOT 1)5 4'20 71 LOT 1 VISTA BONITA TRAIL 60314651.0 (A169'450I77�1r x645.91' (2640.517 (1!r'43fa74j sas.2o' 6149 gal 1041179'7 114,47tr5 40,e7issr'E1 5.R Td11 j 1403.2 291} 19644 311%' Af4f�� TRACT MAP NO. 33085 5396• ICI 40. ?FAR 931E w/Wl91 0 L€ 7132. SEAR, P0 W. 1p. 36261 Y.O. AO/62A15 ACC. AS 1/4 COR. LOT 23 CP*" 70 SEGS 3 a 4, res. 5.40 Tg 'CR• •5+62.03 LOT'G" 01$•12 1/4 SLCOON LAE 96556' 1906.369 (693307 BETH CIRCLE LOT "D' 3 $66 29.98 L9 LOT 1 636 AC. / Fp r 1P R/9L1SRC PUS. sesesaz 114. 1131 PER IR 115. 39274. Y.B. 445/02-64 ACC AS 1(4 1111.. roam 01 516.5467. 795.. R.70. 7996.97' (7916919 m_ S wrs 050 AC. 750.`,15' LOT 4 050 AC. 191.07 LOT 12 - at' X r" LOTOAP A5 CTO Lor 1"" 0.24 AG *9764 7671' OY so. 0 Lor AP n l 0.04 1LAO14690 6r LOT '»P f1) 1090526910 55444511 L.5. 9532. 611194 001 rR 146. 39279• LH 445/62-63, ACC. AS WE. 510 [P,5. SE7/4 * 5710x705905 9. 6415 0E 401 7. 114 40. 6462. r.0 66)42~3 6r5.39'( 15.327 56743511. r6654561147 65534' PARCEL 4 P.M. NO. 16457 P.S.B. 100/48 5E79043 LAE 69551. 1666367 569145'5419 (56745.54117 213210'(26.32397 AVENUE 52 Ea CEO 51+04 a/0SW LS. 1112. /14/5 43. PER 11. WA 3.13/15[ YO 603162-03 606.55 57/16 COP. 5E1/4 SEG 4. 4.64, 040 FA CTAP 52115. 17 PP, FLU95 PER 61. 10 36079. 1.71 445/62-43, 1)4 5ECAO5 004. IX4440.4 70 SECS 4. 0 44 M. iss• 0.7£ 4'\I 8. 9 110 413 1 517007 2 OF 2 5411174 u► x 1 SURVEYOR'S NOTES LOT • • nq eaa • .4.0,40 13 FOLKS *040 53? AS 4077) ® aR ROA, S1,,.1n L� ER.. HO 3.1215. Y.a 14252-43 • 644741(5 E0. 50470411410 SPIEPEL1 L.5 9132. 711.51,7E2 16. 411 3921R 444 4345/92-63 i 0 94a5PrS 327 ,- 7.P. �C ALL? Y05G144 iia. STA rS 943x. 014ER9454 4015-0 52 9401115 >F 57440E0 Li 4532., 201471 L O WA WPC OP. 007CNL RECORC! 0.6E 3232614, 41554' 444L555 7.0a RS= NAA ROCK 1e) RAOAL WANG 1 w 9,511•.4215 ACCESS RHI,!! RE<Naw37ID 44412! Fy. ROW) 04.. LCNI4 (1 105C4T54 ROOM DATA PER 7R AO. 36279. Ld 443/25-54 501545 5, 1093.0E.. 07.411 a 5.6400e01 45054I1ES RECORD AWA PER WPC& We N0.' 4437 RAE* M. APE PE m m OF !HERS& 01415 orovJa li4 057 4W, 1 AC 4734410 Ls 9532 04 TOP 0" PAM A7 RE 154.044414+ OF 505 403 4043 157 FROM Lai COWERS SE7 ANL Or 116 571400 L5 9737 R TCP Or 454 A7 RE PPOIONC4666 6F ODE L07 6443 70 AFAR 401 0017•£7S 1145 70120E 11,3.7570E 457 4UE5 44044 7 1A411001407 4315 Axp S [,1115(0 La75 EASEMENT NOTES ® 10' PAX rr63h'.54515E5r 01/01150 10 74C a70 0, U IOWA MQ aW1ELA VALLEY EWER A5IRICT, AS 90264. ®A PL66C Mr/ COMIC 06704110 70 ILC WPM WW6A 44 101107 AS SHEIK ® '0' NOM LER.727' WOOF RECORRA 4 $1)'A, ASS i146164656 017-0411 OR. 559,: OF 05404 0E BASIS OF BEARINGS NE 6415 a< 419010 FEW 11)15 POKY 6 6,1560 LW 116 1451 LWE Pr RIE 101/15461 LAMER (SE1/4) OF =MI 4, 565. P..7E. SOA... P5 PLOP, 4P 10127 RAP R0. 75 71LE0 9r 61 444 PMIS 62-61, Mk MUM CF 4,14906, 5137E OF GVIALWO4 *02440 30821023(0 GRAPHIC SCALE 0 23 50 100 1578411 1 lamb - 50 14 74 MEEMMTM. ,M WM. MEM ©.t••a:••liI•PPM EMNIEMMINILFEUrliN EIMEMMEMIMMERAMWIFIN ©7RT7sPciiFAsarzti MHEMWMEWTTOSINSTMUMIN ® F.'aOF!! SI5.1 EF9F!1 MEM WriMMCL'SiIM•WrI r4r 108,.23' E0 1-+8. a/74M LO RUC 07,0025 LS 651.4 174 as'. Rat I1L 60. 06279. Yd 149162-41 4.= AS C1/4 CON. 5E0. 4. EPS., RTL ©0' 0 mzmimmarawma immm'stF5FFi1i Q Q IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL J ANO A PORTION OF LOT B' OF PARCEL AWP NO. 15457, FILED IN P.M.B. 100/48. AND BErNG A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4 SE1/4) OF SEC7iON 4. TOWNSHIP 6 SOUTH, RANGE 7 EAST OF THE SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CAUFORNI A COACHELLA VALLEY ENGINEERS SEPTE MISER. 2017 TR. NO. 14104 M.B. 112/61-69 LOT24 LOT 25 N. Jr.!) 11 04 1.5. 4021 24641.. PER IR MR 3627?. 446. 440/62-s[ Kc. A: 1.r. 5-541/ 40225 6415 t 1110 E1TEN9W W. OIL W. 66 36771 PO 445/47-63 01.76 a LOT 1)5 4'20 71 LOT 1 VISTA BONITA TRAIL 60314651.0 (A169'450I77�1r x645.91' (2640.517 (1!r'43fa74j sas.2o' 6149 gal 1041179'7 114,47tr5 40,e7issr'E1 5.R Td11 j 1403.2 291} 19644 311%' Af4f�� TRACT MAP NO. 33085 5396• ICI 40. ?FAR 931E w/Wl91 0 L€ 7132. SEAR, P0 W. 1p. 36261 Y.O. AO/62A15 ACC. AS 1/4 COR. LOT 23 CP*" 70 SEGS 3 a 4, res. 5.40 Tg 'CR• •5+62.03 LOT'G" 01$•12 1/4 SLCOON LAE 96556' 1906.369 (693307 BETH CIRCLE LOT "D' 3 $66 29.98 L9 LOT 1 636 AC. / Fp r 1P R/9L1SRC PUS. sesesaz 114. 1131 PER IR 115. 39274. Y.B. 445/02-64 ACC AS 1(4 1111.. roam 01 516.5467. 795.. R.70. 7996.97' (7916919 m_ S wrs 050 AC. 750.`,15' LOT 4 050 AC. 191.07 LOT 12 - at' X r" LOTOAP A5 CTO Lor 1"" 0.24 AG *9764 7671' OY so. 0 Lor AP n l 0.04 1LAO14690 6r LOT '»P f1) 1090526910 55444511 L.5. 9532. 611194 001 rR 146. 39279• LH 445/62-63, ACC. AS WE. 510 [P,5. SE7/4 * 5710x705905 9. 6415 0E 401 7. 114 40. 6462. r.0 66)42~3 6r5.39'( 15.327 56743511. r6654561147 65534' PARCEL 4 P.M. NO. 16457 P.S.B. 100/48 5E79043 LAE 69551. 1666367 569145'5419 (56745.54117 213210'(26.32397 AVENUE 52 Ea CEO 51+04 a/0SW LS. 1112. /14/5 43. PER 11. WA 3.13/15[ YO 603162-03 606.55 57/16 COP. 5E1/4 SEG 4. 4.64, 040 FA CTAP 52115. 17 PP, FLU95 PER 61. 10 36079. 1.71 445/62-43, 1)4 5ECAO5 004. IX4440.4 70 SECS 4. 0 44 M. iss• 0.7£ 4'\I 8. 9 110 413 1 517007 2 OF 2 5411174 u► x 1 SURVEYOR'S NOTES LOT • • nq eaa • .4.0,40 13 FOLKS *040 53? AS 4077) ® aR ROA, S1,,.1n L� ER.. HO 3.1215. Y.a 14252-43 • 644741(5 E0. 50470411410 SPIEPEL1 L.5 9132. 711.51,7E2 16. 411 3921R 444 4345/92-63 i 0 94a5PrS 327 ,- 7.P. �C ALL? Y05G144 iia. STA rS 943x. 014ER9454 4015-0 52 9401115 >F 57440E0 Li 4532., 201471 L O WA WPC OP. 007CNL RECORC! 0.6E 3232614, 41554' 444L555 7.0a RS= NAA ROCK 1e) RAOAL WANG 1 w 9,511•.4215 ACCESS RHI,!! RE<Naw37ID 44412! Fy. ROW) 04.. LCNI4 (1 105C4T54 ROOM DATA PER 7R AO. 36279. Ld 443/25-54 501545 5, 1093.0E.. 07.411 a 5.6400e01 45054I1ES RECORD AWA PER WPC& We N0.' 4437 RAE* M. APE PE m m OF !HERS& 01415 orovJa li4 057 4W, 1 AC 4734410 Ls 9532 04 TOP 0" PAM A7 RE 154.044414+ OF 505 403 4043 157 FROM Lai COWERS SE7 ANL Or 116 571400 L5 9737 R TCP Or 454 A7 RE PPOIONC4666 6F ODE L07 6443 70 AFAR 401 0017•£7S 1145 70120E 11,3.7570E 457 4UE5 44044 7 1A411001407 4315 Axp S [,1115(0 La75 EASEMENT NOTES ® 10' PAX rr63h'.54515E5r 01/01150 10 74C a70 0, U IOWA MQ aW1ELA VALLEY EWER A5IRICT, AS 90264. ®A PL66C Mr/ COMIC 06704110 70 ILC WPM WW6A 44 101107 AS SHEIK ® '0' NOM LER.727' WOOF RECORRA 4 $1)'A, ASS i146164656 017-0411 OR. 559,: OF 05404 0E BASIS OF BEARINGS NE 6415 a< 419010 FEW 11)15 POKY 6 6,1560 LW 116 1451 LWE Pr RIE 101/15461 LAMER (SE1/4) OF =MI 4, 565. P..7E. SOA... P5 PLOP, 4P 10127 RAP R0. 75 71LE0 9r 61 444 PMIS 62-61, Mk MUM CF 4,14906, 5137E OF GVIALWO4 *02440 30821023(0 GRAPHIC SCALE 0 23 50 100 1578411 1 lamb - 50 14 74 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: February 21, 2023 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE ON-SITE IMPROVEMENTS FOR THE POLO VILLAS RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 33085) LOCATED WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 RECOMMENDATION Adopt a resolution to approve time extension to complete on-site improvements as specified in the Subdivision Improvement Agreement for Tract Map 33085, Polo Villas, to December 31, 2023. EXECUTIVE SUMMARY • Polo Villas is a residential development located west of Madison Street between Avenues 50 and 52 (Attachment 1). • ABTS Polo Villas, LLC (New Developer) has requested a time extension to the Subdivision Improvement Agreement to complete the on-site improvements. • Sufficient security exists to ensure completion of the remaining on-site improvements. FISCAL IMPACT There is no fiscal impact to the City. Sufficient security exists to ensure completion of the remaining on-site improvements. BACKGROUND/ANALYSIS Polo Villas is a residential development located west of Madison Street between Avenues 50 and 52 (Attachment 1). The site is currently vacant. The on-site improvements include grading, street, storm drain, water, sewer improvements, dry utilities, basin landscaping, and monumentation. In a letter dated February 7, 2023, the New Developer requested a time extension to December 31, 2023 to complete the on-site improvements (Attachment 2). No requests have been received to complete the on-site improvements; therefore, staff recommends approval of the time extension. 29 ALTERNATIVES Council may elect not to approve this time extension. Prepared by: Approved by: Amy Yu, Associate Engineer Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2. Letter from Build to Stay, LLC dated February 7, 2023 30 TRACT MAP NO. 33085 V/STA BONITA TRAIL ATTACHMENT 1 VICINITY MAP NOT TO SCALE 33 ATTACHMENT 2 BUILD TO STAY Amy Yu Associate Engineer City of La Quinta — Public Works 78495 Calle Tampico La Quinta, CA 92253 February 7th, 2023 Amy, Pursuant to the Subdivision Improvement Agreement for Tract Map Number 33085 ("SIA") dated December 19th, 2017, ABTS Polo Villas, LLC (the "Company"), which is an affiliated entity of Build To Stay, LLC, desires to enter into an Assignment and Assumption of the SIA which includes the following changes to the SIA: • Under paragraph 6.1 of the SIA, the Company intends to begin construction of the improvements in March 2023 and complete construction by the end of Q4 2023. This letter shall serve as a request for an extension to the original performance schedule set forth in paragraph 6.1 of the SIA. Please let me know if you have any additional questions or concerns. Warm Regards, yan J. Nelson Vice President kevin@build-to-stay.com 1 office: 972.900.1228 1 mobile: 972.415.4100 35