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2006 - 31733 KB Home Coastal, Inc - SIA On-Site & Off-SiteCITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31733 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPRQVEMENT AGREEMENT (the "Agreement" is ,Made and entered into this 7 06- day of , 200 (o by and between KB HOME COASTAL, INC, a California orporation, 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 filed 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. 31733 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. 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. 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 original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", 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. 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 fees. 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 of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. 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 attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and 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, 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. 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. 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 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 2 of 7 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 becomewh olly 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, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 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 paragraph B. 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) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract 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 T:\Project Development Division\Development Protects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 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. Subdivider shall begin construction of the Improvements within ninety (90) days ands hall 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 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. 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. T1Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 4 of 7 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 of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have beeni nspected 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. 12. 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. 13. 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. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed 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. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditionsof 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. 17. 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. 18. 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. T:\Project Development Division\Development Projects�Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 5 of 7 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of La Quinta 78-495 Calle Tampico La Qui a, CA 92253 -7075 Thomas P. Genovese, City Manager Date ATTEST: City Cler Developer Address KB HOME COASTAL, INC 12235 El Camino Real, Ste 100 San Diego, CA 92130 (Atten: David B. Simons. Esq) i Date Title: F3 uS I ti% t -,s r„ i t ,A,iA�AGC4,1 By Title: / Cr f f1 10, 111is I C Date Reviewed and Approved: C Engineer A* ved 7 7s to For f 7, -/_ Date Attodney Date TAProject Development Division\Development PiIojects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 6 of 7 State of California County of RIVERSIDE On March 22, 2006 before me, Mary Beth Shields, personally appeared Mark Rowson personally known to me (or 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. WITNESS my hand and official seal. Signature (Seal) a--- MARY BETH SHIE LDSCOt,'M. #1639525 z Notary Public California 0Riverside County Comm. Expires Jan. 20, 2010 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31733 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 Street Improvements $ 410,734 $ 410,734 Meandering Sidewalk $ 81,504 $ 81,504 Domestic Water $ 95,900 $ 95,900 Perimeter Wall $ 381,595 $ 381,595 Agricultural Improvements $ 88,560 $ 88,560 Signing and Striping $ 10,000 $ 10,000 Totals $ 1,068,293 $ 1,068,293 Standard 10% Contingency $ 106,829 $ 106,829 Total Construction Cost $ 1,175,122 $ 1,175,122 Professional Fees, Design 10% $ 117,512 $ 117,512 Professional Fees, Const 10% $ 117,512 $ 117,512 Bond Amount $ 1,410,146 $ 1,410,146 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\OFFSITE_SIA.doc 7 of 7 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31733 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPRQ�EMENT AGREEMENT (the "Agreement") is made and entered into this 7 yam. day of A.. L , 200(,w by and between KB HOME COASTAL, INC a California Corl6oration, 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 filed 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. 31733 (the "TRACT") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. 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. 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 original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", 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. 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 fees. 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 of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. 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 attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 1 off B. Improvement security shall conform with Section 66499 of the California Government Code and 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, 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 orTRA CT 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. 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. 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 TAProject Development Division\Development Protects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 2 of7 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 becomewh olly 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, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 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 paragraph B. 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) 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 T1Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 3 off security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 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. Subdivider shall begin construction of the Improvements within ninety (90) days ands hall 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 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. 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. TAProject Development Division\Development ProjectAAgreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 4 of7 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 of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have beeni nspected 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. 12. 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. 13. 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. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed 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. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditionsof 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. 17. 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. 18. 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. TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 5 off 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. 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. 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 760/777-7075 Thomas P. Genovese, City Manager ATTEST: Cit Local Address Date KB HOME COASTAL, INC 12235 El Camino Real Ste 100 San Diego, CA 92130 (Atten: D B. Simons. Esq) By: ,�,- - ter% r Date Title: [ �- 1��l i-' � j iJT IVJAa = A(j r' By Title >C:2 -, - (- , 6�� Date jAry /��`�; C Reviewed and Approved: City ngineer Date Appro ed as to pfm`: faipf A orney Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 6 of7 State of California County of RIVERSIDE On March 22, 2006 before me, Mary Beth Shields, personally appeared Mark Rowson personally known to me (or 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. WITNESS my hand and official seal. a, 11 SealSignature ( ) t MARy BETH SHIELDS COMM. #1639525 z Notary Public • California o i OORiverside County Comm. Expires Jan. 20, 2010 Exhibit A SECURITY — TRACT MAP NO. 31733 ON -SITE IMPROVEMENTS Improvements designated as Participatoryhave 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 Grading $ 1,677,429 $ Street Improvements $ 681,280 $ Storm Drainage $ 177,060 $ Sanitary Sewer $ 281,550 $ Domestic Water $ 468,160 $ Dry Utilities $ 312,500 $ Monumentation $ 40,000 $ Totals $ 3,637,979 $ Standard 10% Contingency $ 363,798 $ Total Construction Cost $ 4,001,777 $ Professional Fees, Design 10% $ 400,178 $ Professional Fees, Const10 % $ 400,178 $ Bond Amount $ 4,802,133 $ Labor & Materials 1,677,429 681,280 177,060 281,550 468,160 312,500 3,597,979 359,798 3,957,777 395,778 395,778 4,749,333 T1Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Mira de Sol KB Homes\TM 31733\ONSITE_SIA.doc 7 off f COUNCIURDA MEETING DATE: June 5, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Amended Tract Map and Amended Subdivision Improvement Agreement for Tract Map No. 31733, Palizada, KB Home Coastal, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: _ PUBLIC HEARING: _ Adopt a Resolution of the City Council granting conditional approval of a Final Amended Tract Map and Amended Subdivision Improvement Agreement for Tract Map No. 31733, Palizada, KB Home Coastal, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31733 is located north of Avenue 61 and east of Monroe Street (Attachment 1). This residential development will consist of 125 numbered lots on approximately 37.0 acres (Attachment 2). On March 21, 2006, the City Council approved Final Tract Map 31733. On November 15, 2006, the Community Development Director approved Final Amended Tract Map 31733. The developer has requested the City Council's conditional approval of the Final Amended Map, which will allow 30 days for completion of its processing. To date, the Amended Subdivision Improvement Agreement (ASIA) (Attachment 3) has been executed by the developer and the associated securities have been submitted. The Final Map is technically complete and is being routed for signatures. City staff has prepared the attached Resolution, which provides for conditional approval of the Final Amended Map and ASIA, The approval is contingent upon receipt within 30 days (July 5, 2007), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Amended Tract Map and Amended Subdivision Improvement Agreement for Tract Map No. 31733, Palizada, KB Home Coastal, Inc; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Amended Tract Map and Amended Subdivision Improvement Agreement for Tract Map No. 31733, Palizada, KB Home Coastal, Inc; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy . Jo ass P.E. ublic Wor irec /City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Amended Tract Map 3. Amended Subdivision Improvement Agreement 1 !z �- ATTACHMENT 1 15, I_IaLN01i,I4i IT 2 N ilE c" OFu axa& c"ff or WIERSAE. swE a cm"" AMENDED TRACT N0. 31733 BENC A SaiDUSglI OF IRACr N0. 71777 AS REWRBED N WP BOOK 401 PAM X TW WN 45. 1 �atM s x � s u�awus IE NWJW- N 11E WU Or of CUM R =F= W NASLE aANM, MWMA p. IDS WMALIINC fEMW ff, mob OW W. 0019CN LSIM7 9E wa L EWO. ,ism-om-w[aml w willrc vwAAAw anwniE a: Ra ullrw WE aAANIi QW40M SFATOM E MifM >TAIE 11YS E IIL K aN19 E x u9 AALI®lwwl x Nvwlnl 8Nw EI®I[ lE E 1E x W PfPS16 wq¢ aAwlr B 1@EMI W KR A aM 116E A OO 1119, Ills E mE9f W x wM16 Am IfnnRtl 6116 ANNA9w A5 al^A111111m NC PSIIL9IE Atl9w IIE E aw QIDYF��{ViV61A mIN w Y INp INi a SVEIi Mi Wl PW'�5 pl 'R Aa�INl IM IR 4p6 EIE A6 mxY. E EAwi 6191 Pw MWlOI W x p'M4A Yilb EEII ®qCl. 9i9wAs Pw tliE$IL' Ela Mi NMO®I wwVES Ti111T5 ! 9AAAW [ wwuE ND pr 6 Afw]wm M THE pwl, AW pf A Ate 1MplIAC. x w9a0i p IN'. 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LL NI/ih4 lEa6 w fYfANIF auix pl fow w to w. i9lmiT a wilmm wi owl wo nslnno a9w s x mr caws wr s u ama f I S yh �' � ZE ZINY R Zg^w A k R O yyyff( p 3 Z �< .{ SAto re H S Net!, JNW1 Ful I W II, gLd7: Z $i� �?gIKKKyC e$'a:ICR gEA -_99 .1 I V a o a .1 a I _ Faye a -S ma- — — Ti as use I .Ya aSAME. I I aay.I F Y g d N or WE I g g E 4$ is �` g u+ St BE1v Yy �I N N Z Io PKZZ n N ^ N EO6E Y .H'ari k _ y I ..m ..... IMLS 308NOR v l I rva iir$°0ao: � swtu -sa I I A_oLuws_ _ _ L _ E�" "_ L _ s_,mLums_ _ L sip 6§g Its 11 ET3 ��A]�E KB6B6 66mgmg i �tg��ii g 6e VE 1 oea.B�B€ 15` -- SHEET 1 OF 12 SHEETS IN THE CITY OF LA DUINTAV COUNTY OF RIVERSIDE. STATE OF CALIFORNIA AMENDED TRACT NO. 31733 M,wMIRE-D<I- ME �CLLRN OF WNTA EININ BEING A SUBOMSION OF TRACT NO. 31733 AS RECORDED MAP B401 PAGES 34 THROUGH 43, of WE= LA INCURSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA NO. MCS CONSULTING FEBRUORY, 2006 GDri W. OOKICH L5.4893 FEE IARITY W. WAD. ASSFSSOR-CLERIf-RECORDER Wv: DEMITY OIW WREE Bt: ' FRUIT ANON XRsr ANERCA! IncE camAw 'S STATEMENT SURVIVOR'S STATEMENT WE NFAEnt SMR TNT WE APE 111E CNINER4 OF 1W WID INCUIOED TAR W 1NE SUfIDN90N I IIEDEBY $TALE 1XQ I AN A LICENSED SURA NOR OF ME STATE OF CIE1ipHM NIL TIMT SHORN HEREON MAT WE ARE TWE O Y P[16DIS WHOSE CONSENT 6 NETESSARA' TO PASS A TNS MW Y PREPARED UNDER w SUPDA6DN. 1NE WFWMFMS SXDMN ILEaN WENS CLFIT 1111E m SLID HIND, ENAT E I mCME m ME MN E. ANTI REDDIiDINO OF M6 m M 3, AN ED U 1 TINR LOTS A. 10 THROUGH w. 31 K. L. M. R. T. U. A0 S 51. AND SVEDMSDN AS SHOWN WIIIIRI THE DISIWCTDE BDIDFIt DIE. NS, TS AND m IEfIFREO LOB A & C. Q E F. 0. X, N. L. M R A T. U. AW 80. M1IM WE HERE)BY SNJET� ( LOT CC ADCID m TRACT NO. 31M, RECORDED M BOOK 101 AT PAMI N WROVON 10. M• MWUChA D UMEI YP N1O µ FX R PUBLIC MLIIIESZN7p f01t B1) INS lil'190N Nl4 NO EifECf OX iME C15NIC1M BOPLER. RIGHT OF HONEST AND EOMSS OF SERAGC AND DMER:ZNCA VEHICLES OATH LOT M AD TDB 0 WPOWN R. INIXM3AL DETONATED AS'MATE STREET. MESE AREAS ARE RETAINED AS PRNATE = AA AND FOR DPAINAM PIRD+OTES MR OURSELVES. AESNMFE9, AND 1bE OMERO n11NM 1X6 T WE HERESY DELICNE m TIE CRY OF IA COMA PUBLIC UTILITY E'ASENFJOS AS SHOWN HEREON. WEECIHERESY DFADICGR m : MOFOR OPEN SPACE, SIOEYALG PUBLIC:RPUPOSESAD SHOWNHEREON. EHERESOFFIR FOR DEDICATORm DISTRICT. EASE EM3 FOR GARY W. K-9-3�4�L. 91250107 DOMSC mm W IMMOAIDN WUAW! LOB 0 THROUGH K BOUMME. AND IOr DC OVADMTED AS•PRNTE SIXEEr. AND LOf 1. DETWNTED'DSQWr. ME ESEMOS SO INTED INCLUDE WE RIGHT TO ENTER UPON IIAID LANDS. V SURWEYIAAYYRREAY,, MAINTAIN. OPERATE CDIIR0. U!E. AND REMONE MPELRFS.• WuREsA, SCEEA AND TO REMPA: OI&XVTS INNWDUNO WITH ME CONSTRUCTION, OPERATION AND MAINTENANCE THEREOF, CRY SURVCfOR'3 STATEMENT` WE HEREBY OFFER FOR OUNQUION m ATE SIp1EMA VNLEY WATER Oww, IDT P IN FEE TITLE I HEREBY STATE MAT I IMVE E(ANINED ATE WHIN IN AMENDED WOF TROUT W 317M CONSISIMO FOR WELL SITE PlASO5E5. OF TWELVE (12) SKEE15 AND I AN SATISFIED THAT SAID MAP 6 TECHNICALLY C0IIECT. ME IRREBY OFFER FOR DEMOVICAN To THE so'EIRIA1. IRRIGATION D6TRICT. AN EASEMENT OIER AL MENAR SUREEIS THEM ON MIS NAP AND AN ADDITIONAL FIVE (0) m Tw (10) FEET IN MM OON EATEN SEES OF AND IDUACLNT m Al PRIME SBEEIT SHOWN ON M6 WP, MIT THE COXWONRI. LAYHO. CONSIRVCRM, INSTAMAION. M.IMDAIRE, OPERATION, RS9ECIEN. REPK4 REPLACEMENT. AND REMOUL OF ELECMCA. UNM MAPS, O19F5, DICK, SUPPoRIS, FMNR6, FA4TUIIM AND APPURTENANCES. 9RTH ME AIONT OF INDREw AID EDREM OAR AND MITI SALE MR MAINTENANCE OPNATION AW EMIA0 LILY VENICMS. WE FERES! JUSER.E IONS A THROUGH 0, HDIDA.E, AND LOB AA ANTI HL FOR OPEN SPACE LAMOSCAPINR MA9RDY/CE RRISWA110MW, DRAWCE AND PUBLIC ME11Y PURPOSES. ANT P6iRE LOOT A AW R FOR MIX.V U TRILL PIHP052S FOR ME SOLE DENeflT OF OUR SUCCESSORS. ASSIGNEES ANTI TAT OWNERS; WITHIN WIS RAW. KB HOME COASTAL. INC.. A 6ALIFORNM CORPORATION NOrARY M,IRK)wEEDGMENr SCAR Di C�SA WGNnr a ON Afl2EL. b 2007. ENTENTE LE.A!•�^A RC. 14AcdSB9a r APP[APED ` P, U, N MmNpS�E m BSUBUPEmLfroI, T,x riM-� M INS afrr AND, I�a9Dwl�[6 m ME LINT EX6gItEo lIE SINE M MITIIOMSO CARACIM(WBE t BY UPON SMMAm ) M i) ACTED. ME PEE MSTR, OR THE ENTITY UPDI! BETWF OR RTRH NINE PERwq(S) ICIER. gffGRED 111E N511111MEN1. M1MEw w IWD: �A�E•i lily' PULSE PRIM RW L Z 11 COIR169DN NUIIBBE W w COMMHSDN Gomm PRIWPAL MADE OF BVSNESS ?:111 LT1 . .A J.!.4 I HEREBY CERTIFY Non UNDER ME AIRIOMY MANNED m ME w ME BOARD OF HECTORS OF WE EPEMAL IRRIGATION! DISTRICT. PER PESOMRDN W. 18- 0. DATED MNDH 22. IM. MAT I /OCIPT ON BENUMB M SAD DSI , ITS 9CC650RS OR ASSIGNS. TIE DEBDATCN OF EA!IEMENIS FOR ELECTRICAL FEWER F.WM116 AS OFFERED, NEREH. ✓ ' �AF.V.PESTL! DRE,e IMPERML IRRIFATION INSTINCT CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED m ME BY RESOLUTION W. M-248. DATED SEPIDIBFR 12. 191E 1 ACPPT ON BEWUF OF THE WAD61A VAMM WATER DISTRICT ME FBwE LON OFITE P FOR DOMESTIC WF M WATER AND IMMOLATION PIIRP056 AND LOT P IN FFE NERWND TECRE -, <WDUEiJA VNJEY WATER DISTRICT 0E/9JC�J-NbT V o Ce f3J �R•�L,� SIGNATURE OMISSIONS: fAC A NE150N P1s. OBW W. 9/w/m ADDING CITY TOHVEY9R I FBNETY STAR TWO I IMVE OMMHED MS AWEMDED MAP AND FOUND IT m BE AN IDOCT COP' w ME ORIg14L MAP As REDOUNDED. ERcEPr MR ME REVISIONS SHOWN NERwIt AND TADS MAP COMMIES NEW ME MStlMTpll MW ACT AS REWPED V TEGWN WN AND WM1 OF ME GO ERNAENT CODE. T9NOMY R .IDILSSOU, RGE W. {ODES E%P. 1 I/OB PUBLIC BODES DIRECDR/CNY EHPNEER m OF U COMA VEROMMA J. W OCT CLERK AND EX-OFFICC CIERN OF ME ODY WuxCE CITY OF IA OUNTA •E� 1 SHEET 2 OF 12 SHEETS IN THE CITY OF LA OUWTA, COUNTY OF RNERSIDE, STATE OF CAUFOW --- AMENDED TRACT NO. Y1733 BEING A SUBOM90N OF TRACT NO. 31733 AS RECORDED W MAP BOOK 401, PAGES 34 THROUGH 45, INCISIVE, W THE OFFICE OF THE COUNTY RECORDER OF RM1ERSIOE COUNTY, CALIFORNIA MDS CONSULTING FEBRUARY, 2OD6 GARY W. MUCH 1S.4693 SIGNATURE OMISSIONS THE pGNATVRE(S) OF ME PARTIES LISTED BELOW, OWNER(S) OF EASEMENTS PER DOCIMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 664M OF TIE SUBOMSgx W ACT, THEIR INTEREST IS SUCH TNT ITCANNOT RIPEN INTO A FEE TIRE AND SND 5GINTURES ME NOT REQUIRED BY THE GWERNINO BODY. EASEMENT FOR PUBUC RI MY]AY PURPOSES IN FAVOR OF THE COUNTY Of RAERSIDE, DATED YNUMY 9. 1901 MD RECORDED MRIL 17. 1959. M INSTRUMENT NO. 32692. OF ORICI L RECORDS. MINERAL RIGHTS M RESERVED BY THE UNITED STATES OF MERICA N PATENT RECORDED JMU 21, 1902 N BOON 3, PME M OF PATENTS, RECORDS OF RIVERSIM CO]NIY, CWFORNA, E/SEMEHT TO BUILD MD OUTMAN M UNDERGROUND PIPELINE AND NGOENfK PURPOSES, IN FAVOR OF CWHEUA V&LEY WATER DSTRICT, RECORDED FEBRUMY 17, 2005 M INSTRUMENT NO 2-0130810 Of OFFICK RECORDS. EVENT FOR UNDERGROUND PIPELINE AND INCIDENT& PURPOSES, N FAVOR OF COMNFLA V&LEY WATER MMICT. RECORDED DUNE W. 20D5 AS INSTRUMENT W. 2005-0523303 OF OFFICML RECORDS EASEMENT FOR IRRMATIEN PPEUNE AND NCOENT& PURPOSES. N FAVOR OF COMHELU VALLEY WATER DISTRICT, RECORDED WRCH 27, 2007 AS NSTRIM1ENT NO. 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COUNCIL/RDA MEETING DATE: March 21, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC-PAC/La Quinta, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 19 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC- PAC/La Quinta, LLC. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31733 is located north of Avenue 61 and east of Monroe Street (Attachment 1). This residential development will consist of 125 numbered lots on approximately 37.0 acres (Attachment 2). On January 20, 2004, the City Council approved Tentative Tract Map No. 31733. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (April 20, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC-PAC/La Quinta, LLC; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31733, Mira Del Sol, IREC-PAC/La Quinta, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jo ass 1P.E. Public Works irec or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement ATTACHMENT 1 �%, I I i I 1 10 ATTACHMENT 2 IN THE CITY OF LA QUINU, COUNTY OF RIVERSIDE, STATE OF CALIFORNU TRACT NO. 31733 BEING A SUBDMSKNN OF A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST WARIER OF SECTION 35. TOWNSHIP 6 SOUTH. RANGE 7 EAST. SAN BERNARDINO MERIDIAN, RECORDS OF RM:RSIDE COUNTY, CAIJFORNIA MDS CONSULTING SOMWBER, 2004 GARY W. DOKICH LS.4693 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 PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE WE HEREBY DEDICATE TO THE CITY OF IA QUINTA LOT Y ((MONROE STREET) AND LOT Z (AVENUE 61) FOR PUBLIC STREET AND UTILITY PURPOSES, AND AN EASEMENT FOR PUBLIC UTKMES AND FOR RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES OVER LOTS Q THROUGH X. INCLUSIVE DESIGNATED AS 'PRIVATE STREET. THESE AREAS ARE RETAINED AS PRIVATE STREETS, AND FOR DRAINAGE PURPOSES FOR OURSELVES, ASSIGNEES. AND LOT OWNERS WITHIN THIS TRACT. WE HEREBY DEDICATE TO THE CRY OF LA QUINTA PUBLIC UTILITY EASEMENTS AS SHOWN HEREON. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT. EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES OVER LOTS 0 THROUGH X, INCLUSIVE, DESIGNATED AS 'PRIVATE STREET'. THE EASEMENTS SO DEDICATED INCLUDE THE RIGHT TO ENTER UPON SAID LANDS, TO SURVEY. CONSTRUCT, RECONSTRUCT, LAY, RELAY, MAINTAIN, OPERATE, CONTROL. USE, AND REMOVE PIPELINES, FIXTURES AND APPURTENANCES, AND TO REMOVE OBJECTS INTERFERING WITH THE CON— STRUCTION, OPERATION AND MAINTENANCE THEREOF. WE HEREBY OFFER FOR DEDICATION TO THE COACHELLA VALLEY WATER DISTRICT, LOT P IN FEE TITLE FOR WELL SITE PURPOSES. WE HEREBY OFFER FOR DEDICATION TO THE IMPERIAL IRRIGATION DISTRICT, AN EASEMENT OVER ALL PRIVATE STREETS SHOWN ON THIS MAP AND AN ADDITIONAL TEN 00) FEET IN WIDTH ON BOTH SIDES OF AND ADJACENT TO ALL PRIVATE STREETS SHOWN ON THIS MAP. FOR THE EXCAVATION, LAYING, CONSTRUCTION, INSTALLATION, MAINTENANCE. OPERATION. INSPECTION, REPAIR, REPLACEMENT. AND REMOVAL OF ELECTRICAL LINES, WIRES, CABLES. DUCTS, SUPPORTS, A"ES, FACILITIES AND APPURTENANCES. WITH THE RIGHT OF INGRESS AND EGRESS OVER AND WITHIN SAME FOR MAINTENANCE; OPERATION AND EMERGENCY VEHICLES. WE HEREBY RESERVE LOTS A THROUGH 0, NCUISIVE. AND LOTS M AND BB, FOR OPEN SPACE, BENEFIT SOUR UCCESSORSEAND ASSIGNEESDRAINAGENTENANCE. RCREATIONAL AND PUBLIC uTKAY PURPOSES FOR THE SOLE LOT OWNERS WITHIN THIS TRACT. IREC—PAC/LA QUINTA, LLC. A CALIFORNIA LIMITED LIABILITY COMPANY BY: DAVID P, TWEDT, DIRECTOR OF LAND DEVELOPMENT NOTARY ACKNOWLEDGMENT STATE OF CAIIFMNN) SS. COUNTY OF RIVERSIDE) ON 2005, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND AC TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS ER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE ON THE INSTRUMENT, THE PERSON(S), OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME COMMISSION NUMBER: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY BENEFICIARY CATHAY BANK, BENEFICIARY UNDER DEED OF TRUST DATED MAY 12. 2004 AND RECORDED MAY 20. 2DG4 AS INSTRUMENT NO. 2004-0380391, OF OFFICIAL RECORDS. BY: EWE CHANG, SENIOR VICE PRESIDENT CHARLES W. RICE, VICE PRESIDENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) SS. COUNTY OF RNLRSIDE) ON 2OD5, BEFORE ME, A NOTARY PUBLIC. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED ON THE BALSIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(ES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE pERSON(S), OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: PLEASE PRINT NAME: COMMISSION NUMBER: MY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESS: COUNTY BENEFICIARY MW HOUSING PARTNERS NI, LP., A CALIFORNIA LIMITED PARTNERSHIP/WRI INVESTMENTS 11 LLC, A WASHINGTON UMITED LIABILITY COMPANY BENEFICIARY UNDER DEED OF TRUST DATED MAY 11. 2004 AND RECORDED MAY 20, 2004 AS INSTRUMENT NO. 2004-0380393, OF OFFICIAL RECORDS. BY: JOSEPH M. REED. VICE PRESIDENT EDWIN J. STEPHENS, VICE PRESIDENT SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS SEE SHEET NO. 2 FOR SIGNATURE OMISSIONS AND NOTARY ACKNOWLEDGMENTS. SHEET 1 OF 12 SHELLS RECORDER'S STATEMENT FILED THIS DAY OF , 2005 A7 M. IN BOOK OF MAPS, AT PAGE AT THE REQUEST OF THE CRY CLERK OF THE CITY OF LA QUINTA NO. FEE LARRY W. WARD, COUNTY RECORDER BY. DEPUTY SUBDIVISION GUARANTEE BY: FIDELITY NATIONAL. TITLE COMPANY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE RI=IREMENTS OF THE SUBDMSION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF IREC—PAC/LA QUINTA, LLC. IN JULY, 2004. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION: AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. DATE: 2005 � A co LL *n x GARY W. DOKK:H CS-. 4693 EXP. 9/30/05� �* CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT NO. 31733 CONSISTING OF TWELVE (12) SHEETS AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. DATE , 2005 ERIC A NELSON P.L.S. 5583 EXP. 9/30/05 ACTING CITY SURVEYOR C17Y ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAP OF TRACT NO. 31733 CONSBTING OF TWELVE (12) SHEETS. THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF. THAT ALL PROVISIONS OF THE SUBONGM MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATE . 2005 TIMOTHY R. JONASSON, R.C.E. NO. 45843 EXP. 12/31/06 PUBLIC WORKS DIRECTDR/CITY ENGINEER, CITY OF LA QUINTA CITY CLERIC'S STATEMENT 1, JUNE S. GREEK, CRY CLERK AND EX—OFF1C10 CLERK OF THE CITY COUNCIL OF THE CITY OF LA QUINT& CJLLIFORNA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE _ DAY OF 2005, APPROVED THE WITHIN MAP OF TRACT MAP NO. 31733: AND ACCEPTED THE DEDICATION OF LOT Y (MONROE STREET) AND LOT Z_(AVENUE 61) FOR PUBLIC STREET AND UTILITY PURPOSES. SUBJECT TO IMPROVEMENTS, AND THE DEDICATION OF EASEMENTS FOR PUBLIC UTILITIES, INGRESS AND EGRESS OF SERVICE EMERGENCY VEHICLES OVER LOTS Q THROUGH X, INCLUSIVE. AND THE PUBLIC UTILITY EASEMENTS AS DEDICATED HEREON. DATED JUNE S. GREEK CRY CLERK AND EX—OFFICK) CLERK OF THE CITY COUNCIL CRY OF LA QUINTA CERTIFICATE OF ACCIFTANCE 1 HEREBY CERTIFY THAT UNDER THE AUTHORITY GRANTED TO ME BY THE BOARD OF DIRECTORS OF THE IMPERIAL MITIGATION DISTRICT. PER RESOLUTION NO. 15-90. DATED MARCH 22, 1990. THAT I ACCEPT ON BET ALF OF SAID DISTRICT. ITS SUCCESSORS OR ASSIGNS, THE DEDICATION OF EASEMENTS FOR ELECTRICAL POWER FACILITIES AS OFFERED. HEREIN. DATED: BY: JAMES P. KFLLEY SUPERVISOR. REAL ESTATE IMPERIAL IRRIGATION DISTRICT CERTIFICATE OF ACCEPTANCE I HEREBY CERTIFY THAT UNDER AUTHORITY GRANTED TO ME BY RESOLUTION NO. 78-248, DATED S67UBS 12, 1976. 1 ACCEPT ON 8EIALF OF THE COACHELLA VALLEY WATER DISTRICT THE DEDICATION OF EASEMENTS FOR DOMESTIC WATER AND SANITATION PURPOSES. AND THE OFFER OF LOT P N FEE TITLE FOR WELL SITE PURPOSES, AS OFFERED, HEREON, AM FERNA NDEZ. SECRETARY COACHELLA VALLEY WATER DISTRICT TAX CONNECTOR'S CEitllWTE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE. THERE 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 TALES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN. BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE i PAUL McDONNELL DATE: COUNTY TAIL COLLECTOR TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF S HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE. CAUFORNIk CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY. MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE CASH TAX BOND NANCY ROMERO PAUL McDONNELL CLERK OF THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR BY. DEPUTY BY: DEPUTY 7 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA SHEET 2 OF 12 SHEETS TRACT NO. 31733 BEING A SUBDMSION OF A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 6 SOUTH. RANGE 7 COST. SAW BERNIRDINO MERIDIAN, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. MSS CONSULTING SEPTEMBER. 2004 GARY W. DowCH LS.4693 SIGNATURE OMISSIONS: THE SIGNATURE(S) OF THE PARTIES LISTED BELOW, OWNER(S) OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 OF THE SUBDMSION MAP ACT, THER INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TIRE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. EASEMENT FOR THE PURPOSE OF A PIPELINE, IN FAVOR OF THE COACHELLA VALLEY COUNTY WATER DSTRICT. RECORDED MARCH 30, 1959, INSTRUMENT NO. 26040, OF OFFICIAL RECORDS. EASEMENT FOR PUBLIC ROADWAY PURPOSES, IN FAVOR OF THE COUNTY OF RIVERSIDE, DATED JANUARY 9, 1901 AND RECORDED APRIL 17, 1959, AS INSTRUMENT NO. 32692, OF OFFICIAL RECORDS. MINERAL RIGHTS AS RESERVED BY THE UNITED STATES OF AMERICA IN PATENT RECORDED JANUARY 21, 1902 IN BOOK 3, PAGE 53 OF PATENTS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA. EASEMENT TO BUILD AND MAINTAIN AN UNDERGROUND PIPELINE AND INCIDENTAL PURPOSES, IN FAVOR COACHELLA VALLEY WATER DISTRICT, RECORDED FEBRUARY 17, 2005 AS INSTRUMENT NO. 2005-0130818 OF OFFICIAL. RECORDS. EASEMENT FOR UNDERGROUND PIPELINE AND MICIDENTAL PURPOSES, IN FAVOR COACHELLA VMI.EY WATER DISTRICT. RECORDED JUNE 30. 2005 AS INSTRUMENT NO. 2005-0523303 OF OFFICIAL RECORDS. NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) ON 2005, BEFORE ME, A NOTARY PUBLIC. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR WHOSE NAME(S)6/ARE SUON EBASIS OF SATISFACTORY BSCRIBED TO THE WITHIN EVIDENCE, ANTO D THE PERSON S) TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACTTY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S). OR THE ENTITY UPON BEHALF OR WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. 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