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36883 - BR2 LQ & La Quinta Land CompanySUBDIVISION IMPROVEMENT a ,. MAP NO. 36883 60-8fft trAPROVEMENTS aim 10.1v I of9 Jim 116 -.qML777---MLr-7L-M UIPAIIIIIII, Hl 0 a 1141- 9 3) For other forms of sedurity osted in Section 3 B, ab6v6, there will be 66 adlministt6tilive Em De This Agreement shall be governed by and interpreted with respect to the laws of the State of California. 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 pa F ny failure or delay by either party in asserting any of its rights and remedies as to any 'efault shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. Time is of the essence in the performance of each and every provision of this Agreements 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. CI City of La Quinta 78-495 Calle Tampico La Quints, CA 92253 760/777-707 Digitally signed by Frank J. Spevacek DN: serial Number=1 n615nh01202cvmj, -US, .....=si=California, I=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2015.10.1914:39:46-07'00, Frank J. Spevacek, City Manager Date ATTEST: Digitally signed by City of La Quinta _' DN. serial Number 6fmhzhdh fJ 93cr, c=US st=California; La Quints,o Cty of La Qunta,c City of Le Quinta Date: 2015.10 19 14:45:05 -07 00' Susan Maysels, City Clerk R 2, LLC, a Delaware limited liability company and LQ Land Company, LLC, a California limited liability company 30240 Rancho View R., Ste San:Juan Capistrano, CA 92 51 By: BY: Charles Jack Tarr, BR 2, LLC Date Charles Jack Tarr, LQ La d Company LLC Date Title Its dle ana er Title Its Sole'lvlangggr Reviewed and Approved' t rTithy R. JI ass boa CityEngineerat Approved as to For; 1O119/1 illiarn Fie lhrke, City Attorney ®ate aOf9 Exhibit *aa . M I INN r--6U1116 fail IIII(A Mill OffliM SY.. w ! it ':i + t ' t t.. t ...:* IN I are complete and accepted by the City Council. Description Improvement r Street Improvements 19,422 19,422 Signing and Striping $ 4,306 $ 4,306 Totals 23,728 $ 23,723 Standard 1 % Contingency 2,373 2,373 Total Construction Cost 26,101 26,101 Professional Fees, Design 1 % 2,610 2,610 Professional Fees, Const 1 % 2,610 2,61 Bond Amount 31,321 31,321' A ",_.- Frank7777:, MEMORANDUM J. Spevacek, City Manager FROM: Timothy R.J s , Public Worksit rl i _ i r DATE: October 15,2 Subdivision r reement for Washington Park Commercial Developments iwith Parcel Map No. 36883 Attachedryour __ _ review signature is_a subdivisionimprovement _ agreement and among BR 2, LQ Land Company, and the City for the propertyrabove. Reviews _and signatures r _i _ electronically via i _ system. Pleasevi r electronic signature and advisethe CityClerk so. The City Clerk will continue full execution and finaldistribution the agreement. Requesting department shall check and attach the Items below as appropriate. N/A_ 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 w N/A 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 October 6, 2015 (date) 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, N/A Insurance certificates as required by the agreement (approved by Risk Manager on J X Performance bonds as required by the agreement (originals); total security required $62,642 N/A City of La Quints Business License (copy or note number & expiration date Isere Nol )