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
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Avenue 58
[NITY MA
NOT TO SCALE
027
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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.
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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
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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
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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
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Signer Is Representing:F
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Number of Pages' -- - -- _--
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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
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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).
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notarization.
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WsheAihey,- is /are ) or circling the correct forms. Failure to correctly indicate this
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Additional information is not required but could help to ensure, this
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• 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
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VICINITY MAP
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I r - - - - - - - - -- - - - - -- ATTACHMENT 2
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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
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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
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