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2022 - La Quinta 47, LLC - SIA On-Site & Off-Site (Replacement)Consent Calendar 3 Consent Calendar 3 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET RECOMMENDATION Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 30138 and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY •In 2006, the original developer of this tract, La Quinta Developers, LLC, recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements. •La Quinta 47, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract. •The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract. FISCAL IMPACT – None BACKGROUND/ANALYSIS Tract Map No. 30138 is a residential development located at the north side of Avenue 52 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including a portion of the onsite water and sewer improvements and a portion of the rough grading. No homes have been built in the tract. Remaining off-site improvements include sidewalk, landscaping, and signing and striping. Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include storm drain, sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining off-site improvements include installing sidewalk, signing, and striping, landscaping, and setting monumentation. The attached replacement CONSENT CALENDAR ITEM NO. 3 23 SIAs (Attachment 2) replace La Quinta Developers, LLC, with La Quinta 47, LLC as obligee for the construction and guarantor of the remaining on-site and off- site improvements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Replacement Subdivision Improvement Agreements (On-Site and Off-Site) 24 V I C I N I T Y M A P NOT TO SCALE Tract Map No. 30138 25 City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET RECOMMENDATION Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 30138 and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY •In 2006, the original developer of this tract, La Quinta Developers, LLC, recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements. •La Quinta 47, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract. •The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract. FISCAL IMPACT – None BACKGROUND/ANALYSIS Tract Map No. 30138 is a residential development located at the north side of Avenue 52 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including a portion of the onsite water and sewer improvements and a portion of the rough grading. No homes have been built in the tract. Remaining off-site improvements include sidewalk, landscaping, and signing and striping. Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include storm drain, sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining off-site improvements include installing sidewalk, signing, and striping, landscaping, and setting monumentation. The attached replacement CONSENT CALENDAR ITEM NO. 3 23 SIAs (Attachment 2) replace La Quinta Developers, LLC, with La Quinta 47, LLC as obligee for the construction and guarantor of the remaining on-site and off- site improvements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Replacement Subdivision Improvement Agreements (On-Site and Off-Site) 24 V I C I N I T Y M A P NOT TO SCALE Tract Map No. 30138 25 Bond No. 0700281 Premium: $8,825.00 Premium is for contract term and is subject to adjustment based on final contract price First Term Two Years Fully Earned Executed in: 3 Counterparts FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Public Works Grading Permit # RG2021-0006 in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to La Quinta 47, LLC , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as _TRACT NO. 30138 ; and WHEREAS, Said Principal is required undertheterms of the permitto furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and HARCO National Insurance Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Four H�ndradEghlyThMo Tbous dEigtdHundmdTmAnyrour&MMf, Dollars ($ 483,824.00 ) 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 presents. 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 permit 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 attorney's 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 permit 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 permit or to the work or to the specifications. Page 1 of 2 Grading Bond Public Works Grading Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on November 19 2021 La Quinta 47, C Principal (Seal) ignature o r i n al Title of Signatory HARCO National Insurance Company Surety (Seal) �CQ. Signature of Surety Rebecca Haas -Bates, Attorney -in -Fact Title of Signatory 2400 East Katella Avenue, Suite 250 Anaheim, CA 92806 Address of Surety (714)602-9170 Phone # of Surety Jonathan Ortiz Contact Person For Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orange ) On 11/19/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(S). Ware subscribed to the within instrument and acknowledged to me that helshe/tfey executed the same in -S&& her/ wl r authorized capacity(1L*, and that by Ns/her/their signatureZt4on the instrument the person(, 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. f LILIANAGOMEZ WITNESS my hand and official seal. Notary Public - California 7 i Orange County > Commission N 2243326 My Comm. Expires May 20, 2022 Signature Signature o Notary Pub c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Grading Bond No. 0700281 _ Document Date: 11/19/2021 Number of Pages: Two 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 7 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HARCO National Insurance Company Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 `r'ks - STATE OF NEW JERSEY STATE OF ILLINOIS ty 9pDUR9�� County of Essex County of Cook SEAL en ,► .y 1904 �. a Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond# 0700281 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint REBECCA HAAS-BATES, RICHARD ADAIR, OWEN M. BROWN, WILLIAM SYRKIN Irvine, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 SEAL • �', 1504 '. .X0 ' •k On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ■�',"111 F,/� , E• A' 0&''•. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, v� ........ . �Q�: •e New Jersey the day and year first above written. . fy p�aUG �LrC�1..a�L-C- V ou W JElk$o Shirelle A. Outley a Notary Public of New Jersey ''OAf.,J �'' My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, November 19, 2021 A01115 Irene Martins, Assistant Secretary California All -Purpose Certificate of Acknowledgement 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 Los Angeles On November 22, 2021 before me, Haydee Alvarez - Notary Public Date Here Insert Name and Title of the Officer personally appeared Kathleen A. Garvey Name(s) of Signer(s) 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 signaturg(s) on the instrument the ep rson(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. *my HAY!'iBF ALVAREZ 1� ury Publk • UlfamlaLos AngHes CountyCommission 12368693 Cantu. LVires Aug t, 2025 Signature of Notary ub c (Seal) OPTIONAL INFORMATION Although 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 Document (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document date (Additional information) Capacity Claimed By The Signer F1 Individual (s) F7Corporate Officer (Title) ElPartner(s) Attorney -in -Fact Trustee(s) El Other: Additional F7 Additional Signer(s) ❑ Signer(s) Thumbprint(s) Other Signer's Name: Signer's Name: