Lennar Homes/Landscape Median Imp Fred Waring 07CITY OF LA QUINTA
REIMBURSEMENT AGREEMENT
ESPLANADE - TRACT NO. 29323-1
RAISED LANDSCAPE MEDIAN IMPROVEMENTS To FRED WARING DRIVE
(JEFFERSON STREET TO PORT MARIA ROAD)
THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this
rA day of 'q7L—A NizL , 2011, by and between Lennar Homes of
California, Inc., a California Corporation, hereinafter referred to as "Developer," and the City of
La Quinta, California, a California Municipal Corporation (the "City").
RECITALS:
A. Developer is the subdivider and developer of property in the City of La Quinta subject
to the provisions of Tract Map No. 29323 (the "Tract"), which area is currently known as
Esplanade and which lies north of Fred Waring Drive between Jefferson Street and Port Maria
Road in the City of La Quinta.
B. Conditions of Approval for Amendment No. 2 of Tract Map No. 29323 (attached to the
Plan as Exhibit B) obligate Developer to construct the full landscaped median improvements to
the portion of Fred Waring Drive lying adjacent to the tract (the "Required Improvements").
The City has identified the source of funds from which it desires to reimburse Developer for
the Required Improvements at a point in the future to be determined by the City. The time and
form of reimbursement payments shall be as set forth in the Agreement. The fund source is
the Transportation Component of the Development Impact Fee. All developments in the City
are required to pay Development Impact Fees ("Fees") pursuant to the City Development
Impact Fee Program ("Program"), adopted June 15, 1999 and revised June 5, 2006. A portion
of the Development Impact Fee known as the "Transportation Component" provides future
funding for specific arterial street improvements located throughout the City.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Responsibilities of Developer. Developer has constructed the Required Improvements
defined in Exhibit A attached hereto and incorporated herein by this reference and has borne
the cost thereof. Developer has submitted invoices and supporting documentation for those
eligible costs per Exhibit A, which total $1O3,O83.
Reimbursement Agreement - DIF Agreement Fred Waring Final 071005.DOC
Page 1 of 6
2. Responsibilities of City.
(a) Approval of Expenses. The City Engineer has approved the submitted invoices totaling
$103,083. Developer recognizes that the City Engineer's approval of the costs does not
guarantee that the costs will be reimbursed. Instead, the City Engineer approval is a
condition precedent necessary for the costs to be processed for reimbursement.
(b) Reimbursement from the City's Future Transportation Component Fees. Developer is
eligible for reimbursement in the amount of $103,083 at some point in the future from
the Transportation Component Fees collected on other projects. Developer recognizes
that at this point in time, the City cannot commit to a time certain for reimbursement, in
as much as the City is entitled to establish the priority of spending for the Transportation
Component Fees.
3. Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party of its contentions by submitting a claim therefore. The injured
party shall continue performing its obligations incurred herein so long as the injuring party
commences to cure such injuring action within ten (ten) days of service of such notice and
completes the cure within forty-five (45) days after the notification, or such longer period as
may be agreed upon by both parties to this Agreement.
4. Attorney's Fees. If either party commences an action against the other arising out of
or in connection with this Agreement, including the filing of a lien or other legal action to
compel payment of the Reimbursement, the prevailing party shall be entitled to recover
reasonable attorney's fees and legal costs from the losing party.
5. Indemnification. Developer shall defend, indemnify and hold harmless City, its officers,
employees, representatives and agents ("Indemnified Parties"), from and against those actions,
suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and
attorneys' fees, arising out of any liability or claim for liability, for injury to or death of
person(s), for damage to property (including property owned by City) and for errors and
omissions committed by Developer, its officers, employees representatives, and agents, which
arise out of acts or activities of Developer's or Developer's Officers, employees, agents or
representatives ("Claims"), regarding the Required Improvements, whether or not such act or
activity is authorized by this Agreement, except to the extent of such loss as may be caused
by City's own negligence or that of its officers or employees. In the event the Indemnified
Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way
involving such Claims, Developer shall provide a defense to the Indemnified Parties, or at the
City's option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorneys' fees, incurred in defense of such Claims. In addition, Developer shall be obligated
to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties.
Developer's indemnity obligation under this Paragraph 5 shall terminate one year after final
acceptance of the Required Improvements by the City Council.
Reimbursement Agreement - DIF Agreement Fred Waring Final 071005.13012 Page 2 of 6
6. City Officers and Employees; Non -Discrimination. No officer or employee of City shall
be personally liable to Developer or any successor in interest in the event of any default or
breach by City or for any amount which may become due to Developer or to its successor or
for breach of any obligation of the terms of this Agreement.
7. Term of Agreement. This Agreement shall remain in full force and effect all obligations
of this Agreement have been executed by both parties.
8. Notice. Any notice, demand, request, consent, approval, or communication either party
desires or is required to give to the other party or any person shall be in writing and either
served personally or sent by prepaid, first-class mail to the address set forth below. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this Section.
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Attn: City Engineer
To Developer: Lennar Homes of California, Inc.
391 N. Main Street
Suite 300
Corona, CA 92880
Attn: Randy Schroeder
9. Assignment of Agreement. The Developer may not assign, sublet, hypothecate,
encumber, or transfer (whether voluntarily or involuntarily) its obligations hereunder to any
party without the prior written consent of the City, which consent may be withheld in the
City's sole and absolute discretion.
10. General Provisions.
A. Except as otherwise provided herein, the terms, conditions, covenants, and
agreements set forth herein shall apply to and bind the heirs, executors, administrators,
assigns, and successors of the parties hereto.
B. Neither party to this Agreement relies upon any warranty or representation not
contained in this Agreement.
C. This Agreement shall be governed by and interpreted with respect to the laws of the
State of California.
Reimbursement Agreement - DIF Agreement Fred Waring Final 071005.DOC Page 3 of 6
D. Any failure or delay by either party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any rights or remedies provided
for herein.
E. This Agreement may be amended at any time by the mutual consent of the parties
by an instrument in writing signed by both parties.
F. This Agreement may be executed in counterparts, which when taken together, shall
constitute one fully executed document.
11. 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.
12. Authority of Signatories. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the parties are formally bound to the
provisions of this Agreement.
Reimbursement Agreement - DIF Agreement Fred Waring Final 071005.DOC Page 4 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF LA QUINTA:
l �
Thomas P. Genovese, City Manager
2e
Date
ATTEST:
t✓
Veronica M ntecino, City Clerk
City of La Quinta
Date
Developer: Lennar Homes of California, Inc.
391 N. Main Street
Suite 300
Corona, California 92880
A -
Title: GAF= i
Lennar
By:
Date
Title:
of California, Inc.
Lennar Homes of California, Inc.
Approved as to Form:
9 ✓
M. Katherine Jenson, i y Attorney
City of La Quinta
Date
Reimbursement Agreement - DIF Agreement Fred Waring FinaLDOC Page 5 of 6
r
Exhibit A
REQUIRED IMPROVEMENTS — TRACT No. 29323-1
FRED WARING DRIVE MEDIAN
IMPROVEMENTS- PORT MARIA
ROAD TO JEFFERSON STREET
(APPROX. 2,050 L.F.)
Item # Description Units Unit Cost
1 14-Foot Wide Landscape
Median Improvements L.S. $103,083.00
- Required Off -Site Street
Improvements Eligible for
Reimbursements From
Development Impact Fee
Fund
Quantity Total Cost
1 $103,083.00
(not to exceed)
Total Cost for Required Improvements, not to exceed: $103,083.00
Developer has submitted invoices and supporting documentation for eligible costs for
the Required Improvements described above which total $103,083.
Reimbursement Agreement - DIF Agreement Fred Waring Final.DOC
Page 6 of 6
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE)
On June 6, 2011, before me Janice Williams, Notary Public personally appeared Jeffrey T. Clemens, who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
JANICE MIILLIAMS
COMM. #1745519 zz
d Notary Public California o
z Riverside County
M Comm. Ex Tres June 12, 2011
(This area for official notarial seal)
LENNAR HOMES OF CALIFORNIA, INC.
CERTIFICATE OF INCUMBENCY
JANUARY /3-__,2009
The undersigned, Grace Santaella, as a duly elected, qualified and acting Assistant
Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the
"Corporation'), (the "Corporation"), hereby certifies that:
1. Jeffrey T. Clemens is a duly elected, qualified and acting Vice
President of the Corporation, serving continuously in such capacity since his
election on June 26, 2006;
2. Greg McGuff is a duly elected, qualified and acting Vice
President of the Corporation, serving continuously in such capacity since his
election on April 21, 2005;
3. Mark Torres is a duly elected, qualified and acting Vice
President of the Corporation, serving continuously in such capacity since his
election on January 5, 2007;
4. As a Vice President of the Corporation, the foregoing individuals
have the power and authority in the name and on behalf of this Corporation to
execute and deliver documents for the County of Riverside, State of California,
including subdivision development agreements, subdivision improvement bonds
and extension of time agreements, purchase agreements, subcontractor
agreements, bond agreements, utility agreements, permitting applications and
other routine community documents necessary in connection with the business of
the Corporation; and
5. The authorities hereby conferred shall be deemed retroactive, and that
any and all actions by Jeffrey T. Clemens, Greg McGuff, and Mark Torres in
their capacity as a Vice President of the Corporation that were performed prior to
the passage of these resolutions be, and they hereby are, approved, ratified and
confirmed in all respects.
IN WITNESS WHEREOF, the undersigned has executed this Certi a of Incumbency,
on behalf of the Corporation effective as of the date fi rsl written
o
race Santa lla, Aa istant Secretary
STATE OF FLORIDA
COUNTY OF MIAMI-DADS c/
Sworn to and subscribed before me this day of January, 2009, by Grace Santaella, an
Assistant Secretary of LENN?�j(t)jyS OF CALIFORNIA, INC., a California corporation, on
ii9rlf+��cnown to me and did not take an oath.
behalf of the Corporation.,
... ` 59
111
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NOTARY PUB C, State of Florida
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