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2006 - 32279 Standard Pacific CV - SIA On-Site & Off-Site (CLOSED - PM-10 Bond Open)TuN °% 4a" COUNCIL/SA MEETING DATE: March 6, 2012 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 21- 11t11 Wj&11 1-3 [#1M PUBLIC HEARING: ' Accept on -site improvements associated with Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley, is located north of Avenue 58 and approximately half a mile west of Madison Street (Attachment 1). Since July 6, 2010, the developer has completed the remainder of the on -site improvements, which include the two landscaped roundabouts, and sewer and water improvements for the Coachella Valley Water District.(CVWD). All obligations of the Subdivision Improvement Agreement (SIA) for the on -site improvements have been satisfied. 025 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the on -site improvements associated with Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley and authorize staff to release the performance security; direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 32279, Palo Verde, Standard Pacific Coachella Valley and do not authorize staff to release the performance security; do not direct staff to release the labor and materials security ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, imothtRc'na on, P.E. Public Director/City Engineer Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1 . Vicinity Map ATTACHMENT 1 vI TM 32279 PALO VERDE Andrews 'JJ ' Shinnecock £ p V) Hts. N T J J O p 5 � o t0.5 MILES . _ ~ Avenue 58 [NITY MA NOT TO SCALE 027 Tw�p ot 4 a" COUNCIL/RDA MEETING DATE: April 21, 2009 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Acceptance of the off -site improvements will impact the General Fund as follows: Catch basin maintenance is estimated to be $1,000 annually, which will be incorporated in the Public Works Department Account No. 101-7003-431 .43.73 for Storm Drain Maintenance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32279, Mirage at La Quinta, is located north of Avenue 58 approximately half a mile west of Madison Street (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, catch basins, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) have been satisfied. Attachment 2 indicates the amount of the warranty security. 130 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the off -site improvements associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R na s P.E. Public Works Di ctor/City Engineer Approved for submission by: l Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 131 ATTACHMENT 1 TM 32279 MIRAGE AT LA QUINTA VI NOT TO SCALE CITY COUNCIL MEETING: April 7, 2009 ITEM TITLE: Acceptance of Off -site Improvements Associated with Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley APPLICANT: Mr. Sean Doyle, Standard Pacific Homes 132 ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 32279 - Off -Site Improvements Development Name: Mirage at La Quinta OFFSITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materialsz Original Amount Proposed Reduction WARRANTY AMOUNT Storm Drainage $11 585 $11,585 90% $1 159 Street Improvements $52 142 $52 142 90% $5 214 Meandering 8 FT Sidewalk $7 590 $7 590 90% $759 Domestic Water $19014 $19 014 90% $1 901 Sanitary Sewer $4,460 $4,460 90% $446 Avenue 58 Street Light $4,000 $4,000 90% $400 Landscaping (Parkway) - - - Monumentation $0 $2,000 100% $0 Standard 10% Contingency $9,879 $10,079 100% $0 Professional Fees, Design 10% $10,867 $11,087 100% $0 Professional Fees, Construction (10%) $10,867 $11,087 100% $0 Totals $130,404 $133,044 $9,879 i Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. .• 0 133 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32279 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreeme t') is made and entered into this ffl day ofW by and between STANDARD PACIFIC COACHELLA VALLEY, er Division of Standard Pacific Corp, a Delaware Corporation, 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. 32279 (the "Tract") pursuant to the provisions of Section 66410, at 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. T Trnje Development DiAsion\Development ProjectMAgreements\SIA\SIAs in Progmss\Mirdge TM 32279\ONSITE_SIA.doc 1 of 7 B. Improvement security shall conform to 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 U \SRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc 2of7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, 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 UASRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11 14.05.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 and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 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 Maieure. 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. 4 of 7 UASRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc 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 been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warrant . 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 Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 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. 5of7 U \SRahemtulla\Projects\La Quinta 53\13onds ONSITE_SIA, Final, 11.14 05 doc 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 Date ATTEST: y. w•� City Clerk DEVELOPER ADDRESS Standard Pacific Coachella Valley, a Division of Standard Pacific Corp. 15326 Alton Pkwy Irvine, CA 92618 By. Date Title: IzZe .1 I-ie resenitatiVi By. Date �(���-y� p ont;M Title: /�UtIOi�Z �' Revie ed and Approved, City Engineer Date Approved as to Fc[rm: v_ ,. City Attorney Date 6 of 7 UASRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc Exhibit A ON -SITE SECURITY — TRACT MAP NO. 32279 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 Grading $ 126,803 $ 126,803 Storm Drainage $ 116,665 $ $ 116,665 178,601 Street Improvements $ 178,601 $ 101,833 Domestic Water $ $ 101,833 90,355 $ 90,355 Sanitary Sewer $ 68,750 $ 68,750 Dry Utilities $ 64,320 $ 64,320 Perimeter Wall Monumentation $ 1,000 Totals $ 748,327 $ 747,327 Standard 10% Contingency $ 74,833 $ $ 74,733 822,060 Total Construction Cost $ 823,160 Professional Fees, Design 10% $ 82,316 $ $ 82,206 82,206 Professional Fees, Const 10% $ 82,316 Bond Amount $ 987,792 $ 986,472 7 of 7 U \SRahemtulla\Projects\La Quinta 53\Bonds\0NSITE_SIA, Final, 11.14.05.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On __ before me, Dat� � AName and Title o` i personally appeared Place Notary Sea! Aoove 4cer (e c; Jane Dae. N tary Public") Names! of Sigr',eri. , impersonally known to me to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that whey executed the same in ..h3s/her!their authorized capacit,((ies), and that by-hislhor their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS-ay,6nd and official seal. Signature •�f Notary Public OPTIONAL - Though the information below is not required by iaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do unillent Title or Type of Document _ _ Document Date: _ _ _ � C 4 Signer(s) Other Than Named Above- _ V i Capacity(ies) Claimgd try $iner(s) Signer's Name: IY �-�,=--'L=3� — - --- — Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian,or Conservator L�-+►^-L------- �7bther: �' r-1�� Signer Is Representing:F I I I I, I l Number of Pages' -- - -- _-- Signer's Name: - - - Individual Corporate Officer — Title(s): Partner — Limited General lip: Y11H#0_Mi0 Attorney in Fact T Trustee Guardia, or Conservator 4 ,�- Other: _ 1 I Signer Is Representing: ! n 2004 National Notary Association • 9350 De Soto Ave PO Box 2402 • Chatsworth- CA 91313-2402 item No 5907 Reorder: Calt Toll -Free 1 800 87h 6827 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 32279 OFF -SITE IMPROVEMENTS THIS SUBDI StQN IMPROVEMENT AGREEMENT (the "Agreem� )is��nd entered into this ♦' day of i Q7 by and between STANDARD PACIFIC COACHELLA VALLEY,a Division of Pacific Corp, a Delaware Corporation, 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. 32279 (the "Tract") pursuant to the provisions of Section 66410, at 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. T9Pm1ect Development Division\Development Prcjecls\AgreenvnWSIA\SIAs in Progress\Mirage TM 3227g OFFSITE_SIA.dm 1&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 responsiible 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 U \SRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11.14.05.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 become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, 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 UASRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11 14.05.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 and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise 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. U.\SRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11 14.05 doc 4of7 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 been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer'. 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 Secur y. 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 Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 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. lJASRahemtulla\Projects\La Quinta 53\Bonds\OFFSITE_SIA, Final, 11.14.05.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 Quinta, CA 92253 76 /77- 75 Thomas P. Genovese, City Manager Date ATTEST: City Clerk , Developer Address Standard Pacific Coachella Valley, a Division of Standard Pacific Corp. 15326 Alton Pkwy Irvine, CA 92618 Date Title: Authorized Regresentatiy By. Date Title: fidthorized RepreSerle Reviewed and Approved: City Er�'ineer Date 'r Approved as to Form: Olt City AttorneK' Date UASRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final. 11.14.05.doc 6of7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 32279 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 Storm Drainage Street Improvements Meandering 8ft Sidewalk Domestic Water Sanitary Sewer Ave 58 Street Light Landscaping (Parkway) Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 11,585 $ 11,585 $ 52,142 $ 52,142 $ 7,590 $ 7,590 $ 19,014 $ 19,014 $ 4,460 $ 4,460 $ 4,000 $ 4,000 $ 2,000 $ 100,791 $ 98,791 $ 10,079 $ 9,879 $ 110,870 $ 108,670 $ 11,087 $ 10,867 $ 11,087 $ 10,867 $ 133,044 $ 130,404 7 of 7 U:\SRahemtulla\Projects\La Quinta 53\Bonds\0FFSITE_SIA, Final, 11.14.05.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of 4 r LA I V Li me, On before I r PuNic-) Date; Name and, Title o! Officer !e.(.,,.. ne Doe Nola y �e r personally appeared Name(,) of Sigi­(, ?_-personally known to me to be the person(s) whose name(s) is are subscribed to the within instrument and acknowledged to me that _4e�-�hey executed the same in �/their authorized capaciW(ies). and that by #��-their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notar, Sea! A'_,ov,) f{ f Notary PLIDII( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do unjent VfAlr, Title or Type of Document:------- Document Date: y-6 Signer(s) Other Than Named Above: __ Capacity(ies) Upirned by !jignier(s) J Signer's Name_z.�TI_ Individual Corporate Officer — Title(s): Partner Limited General 111-2977MR1,111171:1golla Attorney in Fact Trustee Guardian or Conservator, ,,j; Other: ,*�n Signer Is Representing Number of Pages: Signer's Name, Individual Corporate Officer Title(s): Partner Limited General i 0 is!. lei 0 1 :1 Attorney in Fact fn,,P,rI r " Trustee conservator Guarcliary�,or Other - Signer Is Representing: 2004 National Notary Assocation - 9350 De Sot,-, Ave PO Box 2402 - Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll -Free 1_800-876-6827 To supercede SureTec Bond No.4444995 Bond No.: PBO3010408294 FAITHFUL PERFORMANCE BOND Premium: S188.0012yr Term (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize VIM Palo Verde 37, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract32279 ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # 4PM-1 , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. Company NOW therefore, we the Principal and Philadelphia Indemnity Insurance , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Fifteen Thousand and 00r100 _ Dollars I $ 15,000.00 _? lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presen ts. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 T DrivetChecklists — Forms & Applicatonsl5tandard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit # WMA Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on December 16 , 2021 WH Palo Verde 37, LLC Principal — 5 06 — - - . (Seal) �� Signature of Principal AV c r / Title of Signatory Philadelphia Indemnity Insurance Company Su ty (Seal) kav� � ignatu o Surety Mama Barreras, Aftomey-in-Fact Title of Signatory 19800 MacArthur Blvd., Ste 1250 brine, CA 92612 Address of Surety 949 252.4425 Phone # of Surety Martha Barreras Contact Person for Surety T DrivelChecklists — Forms & ApplicatonslStandard Dust Control Bond Form ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ora On DEC 16 2021 before me, Gina L. Garner, Notary Public {Here insert name anc Eft of tho o . ri personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the personjo whose name(e) is/am subscribed to the within instrument and acknowledged to me that lee/she/fty executed the same in bds/her/tbeir authorized capacity exec and that by ]WherAbsk signature(o on the instrument the person*, or the entity upon behalf of which the personal 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. *my GINA L. GARNER WITNESS my hand and official seal. Notary Public - California Orange County Commission # 2361777 Comm. Expires Jun 18, 2025 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 5a Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version yr vw NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wading and, if needed, should be completed and attached to the document. Ackno/wedgenrs from other states may be completed for documents being sent to that state so long as the wording does nor require the California notary io violate California notary law. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, WsheAihey,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If sea] impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure, this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Ae Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), acorporation organized and existing under the laws of the Commonwealth of Pennsy Ivani a, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAK MfCHELLEHAASE AND MARTHA BARR ERAS OF LOCK TON COMPANIES, LLC its true and lawful Arromey4n-fact wirh full aurboriry to execute on its behalf bands, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature there of, issued in the course of its business and to bind the Company thereby, in an amount norto exceed 557.000.000. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY an the 10 of November, 2016, RESOLVED: Thatthe Board of Directors hereby authorizes the President or any Vice President Of The Company: (1) Appoint Attorneys) in Fact and authorizethe Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writi ngs obli gatory in the nature thereof an d to attach the seal of th a Com pang thereto; an d (2) to remove, axany time, any such Attorney -in -Fact and revoke the authority given, And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimi le, and any such Power of Attomey so executed and certifiedby facsimi le signatures and facsimi le seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 202). (Seal) 1n: G[�+r:tb. 1'rr�tdati R` CGU Philadelphia Indemnity Insurance Company On this 5r' day o£March, 2021 before me came the individual who executedthe preceding instrument,to me personally known, and being by me duly sworn said thathe is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; thar the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: caninenw Mofrefw�-hm"5sa1 Ymq*"Lk cenzie, Notary Public Montpoma ryCav+ty MY convMsslon eapnes November J. 2024 C:-om sslon number 13BB394 rummer.v�r,et}�vrexsnanaaeaerbeurr+ residing at-, Bata Cynwyd, PA My commission expires: November3,2024 1, Edward Sayago, Corporate Secretary ofPHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution ofthe Board of Directors and the Power of Attomey issued pursuantthereto on the 5s' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attomey as President* was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCECOMPANY. In Testimony Whereofj have subscribed my name and affixed the facsimile seal of each Cs+mpany?his day Of DEC 16 2021 Edward Sayago, Corporate Secretary PH ILA DEL PH IA INDEMNITY INSURANCE COMPANY A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,acc=acy, or validity of that document. State of California County of Los Angeles On January 41h, 2022, before me, H. J. Kelly, a Notary Public, personally appeared Daniel J. Faina, who proved to me on the basis 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(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 *my H. J. KELLY Notary Public - CaliforniaLos Angeles County Commission S 2375176 UComm. Expires Sep 14, 2025 COUNCIL/RDA MEETING DATE: December 6, 2005 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR STUDY SESSION: PUBLIC HEARING: f. Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 32279 is located north of Avenue 58 and east of Coral Mountain Court (Attachment 1). This residential development will consist of 30 numbered lots on approximately 10.04 acres (Attachment 2). On August 17, 2004, the City Council approved Tentative Tract Map No. 32279. 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 a Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (January 5, 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 aftar all rani iirarl itamc haves haan raraivarl FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley; 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. 32279, Mirage at La Quinta, Standard Pacific Coachella Valley; or 3. Provide staff with alternative direction. Racna(--tfiilly ciihmittPH v Timothy R. J(onasson, P.E. Public Works Director/ City Engineer Approved for submission by: r Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement ATTACHMENT 1 L CD sh Ba 0 CD ►f o � N J J � v 10.5 MILES Avenue 58 Legends W a Shinnecock c+n Hts. 0 � d � O m VICINITY MAP vrs ! 0 I r - - - - - - - - -- - - - - -- ATTACHMENT 2 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l I I I I I I I I I i I I I I I I I I I I I � I 7 I I L------------------------------------------------� AWM 51 ATPORT a[ VD z A.= Sa I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 8 I I L------- -----� IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 32279 4 BEING A SUBDMSM OF THE WEST 94LF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION21, TOWNSHIP 6 SOUTH, RANGE MAST, SAN BERNARDINO MERIDIAN IN THE CITY OF LA QUINTA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TACT I MAP N0. 28119 LOTD M.B. 254/99-104 0.0J acres O SUBOWSiON BOUNDARY LANDSCAPE 46 SHEET 3 OF 4 SHEETS —(� N697916T 12981' f SP7. 6674 ` 1 1H91' RE-LSrALNNHD RECWD ' Oatr - Aib. 30 LINE TABLE MR PARCCL MAP 19177 LCARRK, (ENCM 10, 06J sq. /f. 0.1J / 6, 1 e 1 0.7J xres LI NJZLIYSJII' .N7.u' x es C61 N2 O77u MEaZ1YMY L2 N0570'477e 1. 1 N'fl9 (176t %R% � (R) N69 a5D6T U N2CMDOT MB 127.H' / `., O 124,40' �•f.IL 2 11r cuRVE TABLE � >e 10,0I1 sq. 11, LOT 0,1J xre9 �" �/ 0.zs arcs Me9'u76T $ Ne9'451nT (v M26' 7. U l5&IY 3 wv, 5". 28 ti ^fp �l 11,665 sq /f. 10, 403 sq. It. "R eI 027 arcs 074 xres � e :, ' i I&00' O N 4476T Na9'A5,06'E Z 142.16' LI U �;o 1521.i g 8 4 `1 n� 27 10,51J 11, 151 sq. !f. 014 ones �-' NB5'H U2Y U V AC9'H'%T � 1 0.26 ares u Ns915TM'T Q ♦ M65W74T /45J6' a MAY C45 8 lu itq nf9ln 10,613 sq rl. �'1 10, 711s ft. 4 1124 ones A nji I.e ; A 025 acres NB9'II'%T C C Nw,wc6T 0 i r4074' a `Men�YJrE 1416J' wen47YE Q m 6 I 25 LOT 7 a 10,859 sq If. I°' ul 10469 59. !f. 1300 f S 075 Oues e o 0.24 xres W4476T 2100' � � T^ c AB9'45WE 1454Y �yy�71-E i N697s29T I.16'91' 7 24 e 10,890 5q 11. li, < 6 � �� 10.4J8 sq. ft 0,25 ones N6e7YHie Y C I N6676'J6 W 02! Ones AW44W*E (R) 1J' 2!' —(R)_ N69'45VOC 1H.16 Ne75679"I� _ N675679'Wfilar X _(R1 8 23 a Me3�5JE �Ag5�7E u n 10,684 sq. It. 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CJ6 34D051' 9800' 5&1e' C37 5r4659' COO' 4ZJr C66 J47545' 19&01' 11a40' C40 7575 Jf100' IOLI ' C41 971'4e' I100Y 1&JY c42 5256-sr 42.00' 36a1' UJ 47Y26' 116.00' 9 a r ' 1&00' ' 1Y 9' 4200' 0 7' 4200' 44r 1' F19'48'W" 2016.L)r 14.56' 19&0Y 24.45' !e" 4Y 9&00' 159J' N07E. 1. SCE 9&E7 2 FO? LMM AW eA95 Or K4RK i; l 9 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 4 SHEETS I TRACT NO. 32279 4 BEING A SUBOMSION OF THE WEST HALF OF THE WEST HALFOF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OFSECTION 21, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIOA ,, IN THE CITYOF IA QUINTA, COUNTYOFRNERSIDE, STATE OFCAUFORNIA 26 w SEE SHEET AW'4476T � IJ9.J2" NBIJ9"I/T� LD - RANCH -E- i OAD cp Z S 29N Q ji n Q 0 c� 3G:� IJ 31 V 12 _2264R5Y f 8 11 (R) 31-1 2/ 27 10,403 sq. 11. 0.24 aces N69'4476T i JJ7.5J' IPi e c o 10,317 sq N. I" ono ul 0.24 acres I Iw N69"44'161 O i IJ60Y" z i 13 I o 10, 492 sq li. 0.24 acres I I o Now 261 142J4• — a iR/ _ 14 :r ` M6Js1'u�- jr 10,944 sq. M. 7 + (y a25 acres ` AM9'44'16T 14973' A 2 15 �^13, 100 sq. IL B 0.30 ores I 16 16 M69W76T C26 < 15661' �7�H_E— iR) {/ 21 NO. 3 M89'451167 jl) NlIOAJ J9if 7RJ 14203' o LOTB 34.029 5q I(. 076 acres COMMON ARCA moo, N 89'4075' E 27931' J ANO CAPE ARfA. LOTS26 f6910'25'E 0.063 ores JJ024' '0'25'` AI/ENUE RC-ESUR M RECW0 PER MM JJ2/61-56 FRM S0f1RCAST CCRAER 0' SECRCW 21. FaM !' A7LW PIPC w/CM STAMPM LS 5570 (110 RECORD) PfR MAP JJZ/SI-66. P&D CONSUL TANTS, INC. swwo s+M a�Fco rue. sure ws azco. uurvwwA arae 7ELF. N1911a1-HIaFM' Al-a�Tb 1 20 10,89/ sq 7C 0.25 acres 19 as 11,013 sq. 11. n 1�% 0.75 acres � ,m9u'aT JI6.J0' 1 18 a a 10.8J6 sq. ft. "' F{i 025 oc es g M69'45'06'E 1420.7' S 17 s 10,455 sq. I1. 0.24 acres ; N6946'35T n Y56'w_ 1J9.66' 7 16 11,45J sq 11. 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