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LQ 57 Estates - Assignment and Assumption Agr (2015-0077)_AGR2015-0077ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31910 ON -SITE IMPROVEMENTS This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISIONT ("Assignment & Amendment")is made and enteredinto as of t , 20 I the CITY OF LA municipal cr ri of California ("City"), La i Estates, Inc., a Californiacorporation ("Assignor"), and Capistrano ts, LP, a California limited rt rs i ("Assignee"). RECITALS A. City and Assignor entered into that certain SubdivisiImprovement Agreement, dated December 6, 2006 (" " ), pursuant to whichAssignor, as the "Subdivider" ` in the SIA, agreedl , install, and construct certain public and/or private improvements on Tract1 ("Tract"), as more fully cri i Exhibit "A" of the SIA ("Improvements"). B. Assignor desires to assignSIA, and all of Assignor's rights and obligations thereunder, ssiAssignee desire to assumeAssignor's position with respect the SIA and of Assignor's rights and obligations under the SIA subject to the terms of this Assignment C. In _ connection i - the foregoing _ scri_ assignment_ assumption, the City Assignee have agreed to certain modific i I s set forth herein ci execution is Assignment & Amendment by all the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recit is and _ - covenants and promises hereinafter contained, r good and valuable _consideration, receipt and suffici c ish are hereby acknowledged, the parties hereto agree as 1. Assignment and Assump1im Assignor hereby transfers and assigns to Assignee all of the Assignor's rights, title, interest in and to, and obligations under, e S, and Assigneeassumes l rights, title,interest in and to, and obligations r, the SIA. Cityhereby consents re i assignment and assumption. F220 . Replacement of Improvement Security. Pursuant to the SIA, Assignor s furnished the City security r the Improvements in the form () Faithful Performance_Bond in the amount of $1,254,277 for the following improvements: r ••rPerformance Securit)j Original Reduction I Reduction Improvement / "Amount GradinM'. i Domestic Water -Storm Drain ::,. . • / t. � . • Dry Utilities �.r IV 1 it IMonumentation f'« f 11 Standard 1% Contin �enc } i� GI 1 •I I ♦ r rule Trofessional Fees, Design II ■ y i • y T L 2,168,287 �t''k=f.'',',.';r', ,277 For purposes of this Assignment &c Assumption, such security in the aggregate shall be hereinafterreferred as "Improvement ec rit . Assignee hereby warrantsthat within i 5) days -of this executed Assignmentn n , it shall replace Assignor's Improvement Securityi security of its own in an amount equal to the Improvement c riy, unless the City otherwise deter i s at its discretion and i writing t such security can be issued r amount. Assignee's security shall be in full compliance wit r conditions t in the SIA for such security. The City rees that upon receipt f evidence that Assignee has obtained such security in a formi c r the City, the Cityl release Assi is Improvement Sec it . 3. Solvency., As_ material inducement o City r into the Assignment Assumption,ssi ee hereby represents rr is to City, and City hereby relies on Assignee'si rr , that Assignee issolvent has the financial capability of fulfillingc every i don and duty it takes on by way of the Assignment & Assumption. 4. c r _ r visi s.The SIA, and _each r visi _r i , unless otherwise modifiedin writing, is incorporated in thisAssignment e e t in its entirety and Assigneer n warrants that it assumes and is boundeach obligationo in the SIA in the same manner as Assignorprior to this assignment. F220 -2- IN WITNESS WHEREOF, the parties hereto have executed this Assignment & Amendment on day of .20 CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7075 Digitally signed by Frank J. Spevacek DN: sartalNumber=1 n615nh01202cvmj, C_US' st-California, I -La Quinta, o-Frank J. Spevacek, cb-Frank J. Spevacek Date: 2015.10.08 15:06:49 -07'00' FRANK J. SPEVACEK City Manager, City of La Quinta ATTEST: Digitally ligned by City of L. Wirt. DN; !IIN,,I,,=Ilmhhdhfj,93c,,c=US, st=C,Iifor,i,, =1-a Quinta, o—City of La Quirta, —Cily of La Q.mt. Date: 2015.10,08 15:18:28 -07100r SUSAN MAYSELS City Clerk, City of La Quinta M. William H. 1hrke; City Attorney ASSIGNOR: La Quinta 57 Estates, Inc., a California corporation 78401 Highway 111, Suite X La Quinta, CA 12251 John J'. ino Its: President Its: ASSIGNEE: Capistrano Lots, LP, a California limited partnership 940 Emmett Avenue, Suite 200 Belmont, CA 94002 By: VPI 2004, Inc., a California corporation Its: General Partner Its: <'O' -, "- V i V- - � Its: F220 -3- M 0 0 #* * I , It I:J:-4 V161 MI REM NIWINIiNiiliillolllil,w- WIRROWN .1 VOIN W11,11a 1631 PRON15-511m;W-Ift I I 15031=g I ori F-511111 I Ing VIC010951 III I I I ii M �IWAIttz-1--i-A #I teg-Ir-471 its officers, agents and employees, as therein stipulated, hen this obligation shall become null and void; othe,wise it s4all be 97�-m-ff.ait ho full forcewid eTect. S G # miVA11*40LOgram-trilym. �IUMMQMO WOE a MI-4611ror11111 lwlliwwNlliw�.Ilwiliblill4illo�ifill6 oil 55me MR In anj Mariner RiTect its MA change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. of Signatory 4, a� a , r • « +� _..� _. • ; . � � m ,, e , �� �; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity oft individual who signed the STATE OF CALIFORNIA County of Contra Costa On e o er 2 01 fore me, Jane Arrundal Walker Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Kathleen Beck Name(s) of Signeqs) - --------------- - -------- - who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same In his/her/their authorized capacity(les), and that by is/ signature(s) on the instrument the JANE ARRUNDAL WALKER person(s), or the entity upon behalf of is the person(s) Commission # 2109783 acted, executed the instrument. Notary Public - California trseta County I certify under PENALTY OF PERJURY under the laws of z Cona C M Comm, EX trss Ma 2. 2019 the State of California that the foregoing paragraph is true and correct. Witness my h d a4ndcial seal Signature I JAJ A Place Notary Seal Above $19 t Of VM Public OPTIONAL Though the information below is not required by law it may rove valuable to persons relying on the document and could prevent fraudulent removal and regment oft form to another document. Description of Attached Document Title or Type of Document: Labor and Material and Document Date: _Se2Dt!eqMmbggrA2�82015 Number of Pages: 2 Signer(s) Other Than Named Above: =I,-. -13-1a =-, Signer's Name: Kathleen Beck [] Individual E] Corporate officer —Title(s). D Partner El Limited El General 9 Attorney in Fact E] Trustee E] Guardian or Conservator 0 Other: Signer is Representing: I a iii Mug 1111 immmomlcd�� Signer's Namw El Individual E] Corporate Officer —Title(s): El Partner El Limited 0 General El Attorney in Fact [-] Trustee E] Guardian or Conservator Top of thumb h re ■Other: A TO: gFVnk J. Spevacek, City Manager FROM: i othy R. Jonasson, P.E., Public Works Director/ City Engineer Bryan McKinney, P.E., Development Services Principal Engineer/W IATE: October 7, 2015 711, E: Assignment and Assumption Agreement for the Capistrano Residentim Development On -Site Improvements, Tract Map No. 31910 1 Attached for your signature is the agreement with La Quinta 57 Estates, Inc. an Capistrano Lots, LP for project referenced above. I Reviews and signatures are being conducted electronically via the TRAKiT system. Please provide your electronic signature and advise the City Clerk once you have done c,o. The City Clerk will continue with full execution and final distribution of this tgreement. Requesting department shall check and attach the items below as appropriate: Contract payments will be charged to account number, A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with - no reportable interests in LQ or reportable interests X 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 )date) -,_October 6, 2015 City Manager's signature authority provided under Resolution No. 2010-075 City Manager's signature authority provided under Resolution No. 2005-095 Public Works projects for $30,000 or less. City Manager's signature authority provided under Resolution No. 2005-096 Service agreements for $30,000 or less. City Manager's signature authority provided under Contract Change Order Policy Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max The following required documents are attached to the agreement: Insurance certificates as required by the agreement (approved by Risk Manager) X Performance bonds as required by the agreement (originals) -,Sae; attached memo to City Clerk N/A City of La Quints Business License (copy or note number & expiration date here