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2004 - 31202-1 Desert Cheyenne, Inc. - SIA Off-SiteAGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: June 5, 2012 S BUSINESS SESSION: _ ITEM TITLE: Consideration of a Resolution to Extend the Time for Completion of the Off -Site Improvements for CONSENT CALENDAR: - Tract Map No. 31202-1, Rancho Santana, Desert STUDY SESSION: Cheyenne, Inc. — PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On July 20, 2004, Desert Cheyenne, Inc. entered into a SIA for Tract Map No. 31202- 1, Rancho Santana. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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 208 to changes in standards or conditions affecting or affected by the improvements. On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to July 20, 2007. On June 16, 2009, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to March 31, 2010. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to June 21, 2012. In a letter dated May 15, 2012 (Attachment 2), the developer states that only two new homes have closed escrow since the last time extension and the REOs and short sales continue to negatively impact the pricing of the new homes. The developer has completed the water and sewer improvements, street improvements, and storm drain improvements on Avenue 52 and Monroe Street. The median landscaping on Avenue 52 is also complete. The remaining off -site improvements include the median landscaping on Monroe Street, 25% of a traffic signal at Avenue 52 and Monroe Street, a traffic signal at the project's entrance on Monroe Street, and a traffic signal at the entrance on Avenue 52. The developer plans on addressing the installation of the traffic signals with the City as Rancho Santana approaches the build -out stage. The developer hopes to close escrow on a few more homes at pricing levels to allow enough funds to complete the median landscaping on Monroe Street and plans to complete the median landscaping by February 28, 2013. The developer requests a time extension to June 30, 2013 for the other remaining off -site improvements. On May 11, 2012, the City received an email from a resident of Carmela (Attachment 3) requesting the developer to complete the median landscaping on Monroe Street and that the 'City Council not grant the developer another time extension. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion 209 of the off -site improvements as specified in the approved SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Oimothy R J nas P.E. Public Wor s Dire for/City Engineer Approved for submission by: :� .n Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated May 15, 2012 3. Email from Len Wahlert dated May 11, 2012 16 210 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 21, 2013 FOR TRACT MAP NO. 31202-1, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, on July 20, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 21, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. 211 Resolution No. 2012- Tract Map No. 31202-1, Rancho Santana Adopted: June 5, 2012 Page 2 Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California r 212 ATTACHMENT 1 TM 31202-1 RANCHO SANTANA HWY 111 HWY 111 JDR.CARREON BLVD w AVENUE 48TH w W N O F N AVENUE 50TH O Z Li Z V Z uj 2 AVENUE 52ND 8,"fTE AVENUE 54TH TICINITY MAP NOT TO SCALE 213 V ANCHO SANTANA May 15, 2012 RECE IED Mr. Tim Jonasson MAY 16?012 Director of Public Works, City Engineer PUBUC WORKS 78t945 Cal Tampico of La Quinta Developrr�ntgervicgg La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Map 31202-1 Offsite, Rancho Santana Mr. Jonasson: The purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-1 Offsite, the Rancho Santana Development located at the southwest comer of Avenue 52 and Monroe Street. Since the time of the prior request for extension, we have only closed escrow on two new homes. Although we continue to actively market the new homes, the REOs and Short Sales continue to negatively impact the pricing of the new homes. The only remaining Offsite Improvements are the Median Landscaping on Monroe St., and the Traffic Signals. All other offsite improvements have been completed. We were hoping to close two or three more homes in 2012 at pricing levels that would allow us enough funds to complete the median landscape improvements on Monroe St. As we approach the build -out of Rancho Santana, we will address the installation of the traffic signals with the City of La Quinta. Therefore, we are requesting that the SIAs for Tract 31202-1 Offsite be extended through June 30, 2013. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Sinc ely, John R. Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. 111 St. X La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 214 ATTACHMENT 3 council(@Ia-guinta.org ; Cc: Jerry Zamora ; Danette & Mike Ketchum; Marilyn Wahlert ; Len Wahlert ; Bonnie Hagerman ; Liz Schelble ; Mark Sanchez; Damian Cano Sent: Friday, May 11, 2012 8:01 PM Subject: Letter to La Quinta City Council - Landscaping by Developers May 10, 2012 TO: Mayor -- Don Adolph City of La Quinta TERRY B. HENDERSON, MAYOR PRO TEM LINDA EVANS, COUNCIL MEMBER KRISTY FRANKLIN, COUNCIL MEMBER LEE M. OSBORNE, COUNCIL MEMBER Carmela Homeowners, Isabel & Jerry Zamora joined me to attend a meeting with two La Quinta City Directors. We requested time on their calendars. The subject matter for our meeting was to determine next steps in our efforts to get the landscaping completed in two areas of our community. We met with: La Quinta City Planning Director — Les Johnson 760-777-7071 & La Quinta City Public Works Director/City Engineer — Tim Jonasson 760-777-7075 The two areas we focused: #1 - the left side of the entrance to our community on Avenue 53. This side of the street is the responsibility of the Madison Club. #2 is the median on Monroe from the entrance of Rancho Santana on Mountain Spur to the intersection of Monroe and Avenue 52. We have attached the pictures in a PowerPoint presentation that show the specific areas mentioned above. We understand from the discovery process that all developers must file Subdivision lmprovementAlgreementswith the city when they build their development(s). Both The Madison Club and Rancho Santana have these agreements filed with the city of La Quinta. These agreements are for one year. The specific areas that we want to have completed are outside the developments as you know. We uncovered the fact that the one year agreements have been extended 3 times for both properties. The new time extension for Rancho Santana will be the 41h extension requested. The current 215 Through our discussion with the city directors we discovered that we need to submit a formal letter from the Carmela HOA to the Mayor and all members of the City Council. In addition, we need to address the City Council on the appropriate day when both Rancho Santana and The Madison Clubs request for extensions are address on the La Quinta City Council's Consent Calendar. At that time we need residents from Carmela to attend the City Council Meeting and address the council on our concerns and request that the developers complete the landscaping and not receive another extension. The Carmela homeowners have completed Petitions requesting the developers complete these landscaping projects. These Petitions for both properties will be presented at the appropriate La Quinta City Council meeting(s) as backup material for our presentations. We would request,a notification from the City of La Quinta when'each developers extension will be.on'the City Council's Consent Agenda. Respectfully, Len Wahlert Carmela Homeowner and HOA Member 81-773 Contento La Quinta,. CA 92253-7873 760-619-3910 Jerry & Isabel Zamora 81-945 Via La Serena La Quinta, CA 92253-7873 760-393-0694 bbc: Carmela Homeowners - HOA 216 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO. 31202-1 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into the CQ day of by and between DESERT CHEYENNE, INC. a CALIF RNIA 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. 31202-1 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). ). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security, shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\01NISITE_Slkdoc 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 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 2 of 7 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., 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 3.13., 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 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 3 of 7 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days 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. TAProject Development Division\Development ProjectsWgreements\SIA\SIAs in Progress\Rancho Santana 31202-1\ONSITE_SIA.doc 4 of 7 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have 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 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. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\01NISITE_SIA.doc 5of7 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 7.60/777-7075 " Thomas P. Genovese, City Manager ATTEST: i City Principal Address DESERT CHEYENNE, INC. 78401 HWY 111 STE G LA QUINTA, CA 92253 (760) 777-9920 By:_ Title: By: Title: John R.11Pe alino, President 3Z/ p 5L Date rl� 7 e ', Date Date Reviewed and Approv d: j60"" X" Cittn�g�ineljrDat Approv d as to 0 11t, 7" i Attorney)`Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 6 of 7 Exhibit A ON -SITE SECURITY TRACT MAP NO. 31202-1 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 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 $ 579,110 $ $ 579,110 139,900 Drainage $ $ 139,900 450,380 $ 450,380 Street Improvements $ 259,900 $ 259,900 Domestic Water $ 248,280 $ 248,280 Sanitary Sewer $ 148,800 $ 148,800 Dry Utilities Irrigation Relocate & Replacement $ 181,080 $ 181,080 Perimeter Walls $ 199,000 $ 199,000 Monumentation $ 9,300 $ Totals $ 2,215,750 $ 2,206,450 Standard 10% Contingencey $ $ 221,580 2,437,330 $ $ 220,650 2,427,100 Total Construction Cost Professional Fees, Design 10% $ 243,730 $ $ 242,710 242,710 Professional Fees, Const 10% $ 243,730 No Plans Contingency 16% $ 389,970 $ 388,340 Bond Amount $ 39314,760 $ 3,300,860 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\ONSITE_SIA.doc 7of7 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On May 27, 2004 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity�ip�n behalf of which the person acted, executed the instrument. CY THIA ANN DIAZ WIT SS m hand a d ffi al eal. �� . ' C L QVIA • ANER COUNTY �V Comm. Expires October 26 2M Sig ure (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Developer Agreements THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Document dtd Signer(s) Other Than Named Above DOCUMENT PROVIDED BY STEW ART TITLE OF CALIFORNIA. INC. NOTARYI.DOC CITY OF LA QUINTA SUBDIVISION /MPRO VEMENT A GREEMENT TRACT MAP NO. 31202-1 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreem nt") is made and entered into the day of O , by and between DESERT CHEYENNE, INC. a CALIFORNIA 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 . 31202-1 (the Coder (the pursuant to the provisions of Section 66410, et sec. of the Cal ifornia "Subdivision Map Act"). B. Prior to approval of the Map, Subdivideris 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,11shall serve asa antee and and warranty ance f the Improvements for a period of one year following the completion Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\OFFSITE_SIA.doc 1 of 7 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of R-2 or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty T:\Project Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\0FFSITE_SIA.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 3.13., 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 TAProject Development Division\Development Projects%greements\SIA\SIAs in Progress\Rancho Santana_31202-1\0FFSITE_SIA.doc 3of7 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 th<t Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other ever:') beyond Subdivider's control, the time limits for obligations affected by such events will be extended 1 y 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 c-nditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time exten-�-n, Subdivider shall furnish securities, similar in form and substance to those required in SECTION ".' 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 th:: extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before finis approval of street improvements, Subdivider shall place survey monuments in accordance with tine provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal 'ode. Subdivider shall provide the City Engineer written proof that the monuments have been set, i Adence of payment and receipt thereof by the engineer or surveyor setting the monuments, and inter. ection 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 requires 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 Condit � ,is of Approval, and any required construction quality documentation not previously submitted. TAProject Development Division\Development Projects\Agreei,:::nts\SIA\SIAs in Progress\Rancho Santana_31202-1\0FFSITE_SIA.doc aor7 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 s`,all 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 dom.,, 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 'ails 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 +-:es 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 her -�by binds itself, its officers, employees, agents, representatives, executors, administrators, guarai i�ors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, -,,)ents, representatives, and assigns harmless from and against any losses, claims, demands, action: or causes of action of any nature whatsoever, arising out of or in any way connected with Subotvider'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 ,A,pproval. In the event that any requirement or condition of this Agreement is inconsistent with r 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 rem =3 n in effect and shall control. 17. Sever_ ability• In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall reirlain in full force and effect. 18. General Provisions. A. All notices pursuant to this A—, eement shall be in writing and shall be personally delivered or sent by registered or certified ail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided �,erein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated ci-, the return receipt. Either party may change its address for notices hereunder by notice to the ott c;r given in the manner provided in this subparagraph. B. The terms, conditions, coveniints, and agreements set forth herein shall apply to and bind the heirs, executors, administrat, �,, assigns, and successors of the parties hereto. TAProject Development Division\Development Projects\Agrcc, ients\SIA\SIAs in Progress\Rancho Santana_31202-1\0USITE_SIA.doc sore C. Neither party to this Agreerr;ent 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 partie' 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 76 777-7075 7 / Z� U 7" Thomas P. Genovese, City Manager Date A rrCO-r- Principal Address DESERT CHEYENNE, INC. 78401 HWY 111 STE G LA QUINTA, CA 922 \\ (760) 777-9920 By: Title: John R. By: Title: �J 7 Date lino, President Date Reviewed and Approved: % - . - &M �l 04 y ngineer Date XAtto dastr y Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\0FFSITE_SIA.doc 6 of 7 Exhibit A OFF -SITE SECURITY — TRACT MAP NO. 31202-1 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 Avenue 52 Street & Storm Drain $ 652,600 $ 652,600 Monroe Street & Storm Drain $ 211,530 $ 211,530 Traffic Signal Ave 52 & Monroe (25%) $ 35,000 $ 35,000 Traffic Signal Monroe Entrance $ 140,000 $ 140,000 Traffic Signal Camino Modelo $ 140,000 $ 140,000 Landscaping Ave 52 & Monroe Street $ 190,080 $ 190,080 Sewer $ 626,060 $ 626,060 Water $ 191,200 $ 191,200 Totals $ 2,186,470 $ 2,186,470 Standard 10% Contingencey $ 218,650 $ $ 218,650 2,405,120 Total Construction Cost $ 2,405,120 Professional Fees, Design 10% $ 240,510 $ 240,510 Professional Fees, Const 10% $ 240,510 $ 240,510 No Plans Contingency 19% $ 456,970 $ 456,970 Bond Amount $ 313430110 $ 3,343,110 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Rancho Santana_31202-1\OFFSITE_SIA.doc ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE } ) ss. On May 27, 2004 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his a ized capacity, and that by his signature on the instrument the person, or the entity/fipoo behalf of which ke parse acted, executed the instrument. CY :TWIA ANN ��Z W ITN SS my and a 'cial s as M. ioau► RMERS{DE COU"TY r ►mts� Elites October 26. H06 Signa e (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Developer Agreements THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Document dtd Signer(s) Other Than Named Above DOCUMENT PROVIDED BY STEWART TITLE OF CALIFORNIA, INC. NOTARYI.DOC Liberty Mutual. SURETY Attn: CITY OF LA QUINTA RE: Change Surety Company Principal: Desert Cheyenne Inc Surety Bond Number: 819533S Bond Amount: $1,327,805.00 Original Surety: Developers Surety & Indemnity Company New Surety: The Ohio Casualty Insurance Company Change Surety Company Assumption of Liability Rider • Effective,11/1/2019 the original surety on the above referenced surety bond, Developers Surety & Indemnity Company is replaced with The Ohio Casualty Insurance Company. • On the effective date, The Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Developers Surety & Indemnity Company under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices, including claims, should be sent to: Liberty Mutual Surety P.O. Box 34526 Seattle, WA 98154 Attention: LMS Claims • With the exception of the substitution of Surety Company pursuant to this Rider, all terms and conditions of the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect, vary, waive, alter or extend the terms, conditions and obligations of the Bond. Signed and dated this I" day of November, 2019. NEW SURETY: The Ohio Casualty Insurance Company By: �f"•"'�.iG?, , Renee Llewellyn, Assistant Secretary OBLIGEE: By: MON±41KAR4 ADE City Clerk City of La Quinta, California K2019 Liberty Mutual Insurance sL-7601 B 10/19 1 oz - #10 - J000000 - 700 - 140 Liberty Mutual SURETY November 1, 2019 1oz - #10 - J000000 - 700 - 1399 CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA CA 92253-2839 III IIIBill IIIIII I1I11111IlIIlII�IIIII�IIlIII11-IIIlrIIII�IIIIIIrI Dear Obligee: Liberty Mutual Surety 2200 Renaissance Boulevard, Suite 400 King of Prussia, PA 19406 RECEIVED DEC 4 2019 CITY Vi"- - w QUINTA I r rT�� CLFR{! r%�—— -- On May 31, 2019 Liberty Mutual Insurance Company ("Liberty") acquired the U.S. surety operations of AmTrust Financial Services which includes Developers Surety & Indemnity Company, CorePointe Insurance Company, Indemnity Company of California and Wesco Insurance Company. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption of Liability Rider ("Rider"). Depending on the obligation, the surety on the Rider is Liberty or Ohio Casualty Insurance Company ("OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175,415,000. As noted on the Rider, upon the effective date the assuming surety will be the surety as if the new surety originally issued the bond. In recognition of this assumption, we asl< that you sign the enclosed Rider and electronically return a copy to: AmtrustRider(a)LibertyMutual.com. If you have any questions or concerns regarding this process, please contact: Lucille Raymond (Lucllle.Raymond(@Iobertymutual.com / (949) 263-3371) or Christina Thorpe (Christina.Thor e g liber ym I lal. om / (610) 832-8431). Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure - Rider ©2019 Liberty Mutual Insurance SL-7601 A 10/19 1m - utn - Jnnnnnn - 7nn - vto _ Liberty Mutual. SURETY To: City of La Quinta 78495 Calle Tampico La Quinta, California 92253 RE: Change Surety Company ASSUMPTION OF LIABILITY RIDER Principal: Desert Cheyenne Inc Surety Bond Number: 819533S Bond Amount: $1,327,805.00 Original Surety: Developers Surety and Indemnity Company New Surety: The Ohio Casualty Insurance Company Change Surety Company • Effective, May 31, 2019 the original surety on the above referenced surety bond, Developers Surety and Indemnity Company is replaced with The Ohio Casualty Insurance Company • On the effective date, The Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Developers Surety and Indemnity Company under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices, including claims, should be sent to: Liberty Mutual Surety Attention: LMS Claims PO Box 34526 Seattle, WA 98124 Phone: (206) 473-6210 Fax: (866) 548-6873 Email: HOSCL@libertymutual.com LibertyMutualSuretyClaims.com • With the exception of the substitution of Surety Company pursuant to this Rider, all terms and conditions of the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect,vary, waive, alter or extend the terms, conditions and obligations of the Bond. Signed and dated this 19th day of November , 2019 Surety: The Ohio Casualty Insurance Company By: "' — (r� Renee C. Llewellyn, Assistant Secretary Obligee: City of La Quinta By: MONIKA RADEVA, City Clerk LMS-21156 07/19 ?*E V E D Liberty NOV 22 2019 Mutual, MY Ci LA QUINTA DESIGN AND DEVEi0PMElfi' DEPART%iENT November 19, 2019 Assumption of Liability Rider Dear City of La Quinta Liberty Mutual Surety 790 The City Drive South, Suite 200 Orange, California 92868 Attention: Debra Bell On May 31, 2019 Liberty Mutual Insurance Company ("Liberty") acquired the U.S. surety operations of AmTrust Financial Services which includes Developers Surety and Indemnity Company. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption of Liability Rider ("Rider"). Depending on the obligation, the surety on the Rider is Liberty or Ohio Casualty Insurance Company ("OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175,415,000. As noted on the Rider, upon the effective date The Ohio Casualty Insurance Company will be the surety as if The Ohio Casualty Insurance Company originally issued the bond. In recognition of this assumption, we ask that you sign the enclosed Rider and electronically return a copy to: Debra.Bell@LibertyNtutual.com If you have any questions or concerns regarding this process, please contact: Debra.Bell@LibertyMutual.com Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure - Rider cc: Alera — Arr Insurance Agency LLC 830 Roosevelt, Suite 200 Irvine, California 92620 Member of Liberty Mutual Group Monika Radeva From: Monika Radeva Sent: Sunday, December 8, 2019 1:50 PM To: AmtrustRider@LibertyMutual.com; Debra.Bell@LibertyMutual.com Cc: Monika Radeva; Nichole Romane Subject: City of La Quinta - Liberty Mutual Assumption of Liability Riders - Signed Attachments: Mayer Villa Capri - Bond # 838762S; $2,062,370.pdf; RJT Homes - Bond # 871469S; $33,210.pdf; Salammbo, LLC - Bond # 381292S; $42,000.pdf; Desert Cheyenne Inc - Bond # 819533S; $1,327,805.pdf, Desert Cheyenne Inc - Bond # 819472S; $62,809.pdf; WSA LP - Bond # 894464S; 213,281.pdf, WSA LP - Bond # 894465S; $15,150.pdf; WSA LP - Bond # 894466S; $266,847.pdf; WSA LP - Bond # 894467S; $294,777.pdf Good afternoon, Attached are the signed Assumption of Liability Riders received by the City of La Quinta for the following entities: • Mayer Villa Capri - Bond # 838762S for $2,062,370 • RJT Homes - Bond # 871469S for $33,210 • Salammbo, LLC - Bond # 381292S for $42,000 • Desert Cheyenne Inc - Bond # 819533S for $1,327,805 • Desert Cheyenne Inc - Bond # 819472S for $62,809 • Washington Street Apartments LP - Bond # 894464S for $213,281 • Washington Street Apartments LP - Bond # 894465S for $15,150 • Washington Street Apartments LP - Bond # 894466S for $266,847 • Washington Street Apartments LP - Bond # 894467S for $294,777 Please let me know if you need anything else on my part. Thank you. ta Quixta Monika Radeva, CMC I City Clerk City of La Quinta 78495 Calle Tampico, La Quinta, CA 92253 Tel: (760) 777-7035 Email: MRadeva(@LaQuintaCA.gov www.LoQuintoCA.00v www.PlayInLoQuinto.com T4ht 4 4aQ" MEMORANDUM To: Susan Maysels, City Clerk From: Wimmer, P.E., Development Services Principal Engineer Via: Amothy R. Jonasson, P.E., Public Works Director /City Engineer Date: July 1, 2013 Re: Reduction Bond Rider to Performance Security for Rancho Santana, Tract Map No. 31202-1, due to Completed Off -Site Improvements Please attach the enclosed new reduction bond rider to the existing performance bond for TM 31202-1, off -site improvements. The amount and addresses to the developer and the surety company are as follows: TRACT No. 31202-1 Bond Number Reduced Performance Amount 819533S $1,327,805 Developer: Mr. John Pedalino Desert Cheyenne, Inc. 78401 Highway 1 1 1, Suite X La Quinta, CA 92253 Surety Company: The Insco Dico Group Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 Cc: Project File I, Tract Map No. 31202-1 ITNN INSCO INSURANCE SERVICES, INC. insc%=q Underwriting Manager for: ��p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 MAINTENANCE BOND BOND NO.: 819534S Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, Desert Cheyenne, Inc. , as Principal, and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of La Quinta as Obligee, in the sum of Two hundred twenty thousand six hundred forty five and 00/100*** ($ 220,645.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: for improvements grading, drainage, streets, water, sewer, utilities, irrigation, walls and monuments WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 30TH day of March Desert Che ne c. Principal 2010 YEAR Developers Surety and Indemnity Company BY: _ Natalie Caicedo Lopez, Attorney -in -Fact ID-1201 (CA) (One Year Term) (REV. 3/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/30/2010 before me, Ana Roldan, Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA ROLDAN F p COMM. # 1697782 NOTARY PUBLIC CALIFORNIA M jf ORANGE COUNTY Place Notary Seal Above 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 Signature of Notary Public 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 Document Title or Type of Document: Maintenance Bond #819534S Document Date: 3/30/2010 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Natalie Caicedo Lol ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner — ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact RIGATTA111113FIR II ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: ® 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item 1l5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Natalie Caicedo Lopez, Dan Armstrong, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. BY • �• AND ...,,., Stephen T. Pate, Senior Vice President ryJ�: OaPORgT•.F�y;: c, c� OCT. :Wt 10 By �6a$�: 1936 Charles L. Day, Assistant Secretary =, ,0 •. a State of California County of Orange On January 1st, 2008 before me, Date personally appeared CHRISMPHER J. ROACH s COMM. # 1745939 :E NOTARY PUBLIC CAUFORNIAI@o ORANGE COUNTY ro My comet, expires May 19, 201 i Place Notary Seal Above OCT. 5 1967 Roach. Notary Public Here Insert Name and Title of the Officer T. Pate and Charles L. Da 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/shelthey executed the same in histher/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 Ch er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 59 day oMar ch 2010 . By: Albert Hillebrand, Assistant Secretary I D-1380(W et)(Rev.07/07) ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On before me, Iris Mora, a Notary Public personally appeared Cihn (ed6 h r)o who proved to me on the basis of satisfactory evidence to be the person whose names are subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the persons 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. ,r„ . IRIS MORA LCMM. #1781031 z ; '� ,tary Public - California o W ITNE S my han and official seal. z Riverside County M Comm. Ex item Dec.16, 2411 Signature (Seal) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title of Document Type: Plat, n rro4-, a- Number of Pages: " j Date of Document: 3-30-I0 Signer(s) Other Than Named Above � INSCO INSURANCE SERVICES, INC. inscc�ico Underwriting Manager for: 9 J p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 819533S Principal: Desert Cheyenne, Inc Obligee: City of La Quinta Surety: Developers Surety and Indemnity Company Effective June 27 , 20 13 , it is agreed that: The bond amount shall be decreased from $1,587,875 to $1,327,805 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 2 7TH day of June , 20 13 Desert Ch enne, Inc. Developers Surety and Indemnity Company Principal: Surety: "i IjL By: Natal e f Myric orney-in-fact PRODUCER: AR -INS, INC. dba Armstrong/Robitaille/Riegle Business and Insurance Solutions 830 Roosevelt, Suite 200, Irvine CA 92620 (714)221-3900 ID-1183 (REV. 1101) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 6/27/13 before me, Leah Michele Overstreet, Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Myrick Names) of Signer(s) P! LEAH MICHELE OVERSTREET Commission #t 1905691 i to Notary Public - California Orange County • M Comm. Ex ires Sep 26, 2014 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha and official seal. Signature Place Notary Seal Above Signature of Notary Public 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 Document Title or Type of Document: Rider #819533S Document Date: 6/27/13 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Natalie Myrick ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BYTHESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Dan Armstrong, Natalie Myrick, Roger Armstrong, Wanda Jew, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this October Ah, 2011 County of Orange By. ty AND iye •,, °ti Y Daniel Young, Senior Vice -President •• `�' , •• F ' g40 R gr�,•dyy;,+ G0 p,POq, �..� `W OCT. 10 ��G 1 OCT. 5 By:;o: 1936 =Q W 1967 Steve A. Tvedt, Vice President =;>�;'•. te ,•'a,.? O �, State of California On October 4, 2011 before me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A. Tvedt 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 ANTONf© ALVAiiADO 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. COMM. A 1860643 NOTARY PUBLIC CALIFORNIA S I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is 30. ORAE t�uNFY true and correct. My NGcam. e*res Aug. B, 2013 WITNESS my hand and official seal. Place Notary Seal Above Signature' Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of Jut By: regg Okur , istanl Secretary ID-1380(Rev.10/11) 1VG9--L INSCO INSURANCE SERVICES, INC. 'r'SC%1C[] Underwriting Manager for: t Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 8195333 Principal: Desert Cheyenne, Inc. Obligee: City of La Quinta Surety: Developers Surety and Indemnity Company Effective June 29 The bond amount be reduced FROM: $1,916,272.00 TO: $1.587,875.00 , 20 o9 , it is agreed that: Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 16TH day of July Principal: Desert Cheyenne, Inc. By: 20 o9 Surety: Developers Surety and Indemnity Company r i Natalie Caicedo Lopez iittGfne`/-in-Fact PRODUCER: AR -INS, INC- DBA Armstrong/Robitaille/Riegle Business and Insurance Solutions 2127 West Orangewood Ave, Suite 100, Orange, CA 92868 ID-1 183 (REV. 1101) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��is�iS�C>``�: �5�>�ts��e�:`Ce-�—�>`Ct'�e',�e�`CC>`c2>`�Sct"�>`Cti`�<s�t>`�:�i;�:�;��eZ�"e>�(JCise✓e-��C>`�;�C;�7�C.�:�c STATE OF CALIFORNIA County of Orange } On July 16, 2009 before me, Ana Roldan, Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 1 acted, executed the instrument. 1 ANA ROLDAN o COMM. # 1697782 g 1 certify under PENALTY OF PERJURY under the laws of Z NOTARY PUBLIC CALIFORNIA o the State of California that the foregoing paragraph is true ORANGE COUNTY ro and correct. My comm. expires Oct. 5, 2010 It Witness mylh d and off al sea]. Signature _)l _ Place Notary Seal Above Signature of Notary Public 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 Document Title or Type of Document: Bond Rider - Bond Number 819533S Document Date: July 16, 2009 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ::1 Individual ❑ Corporate Officer —Title(s):_ ❑ Partner— ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Top of thumb here Signers Name: ❑ Individual ❑ Corporate Officer Title(s) — ❑ Partner--- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of thumb here J�=i:'Ct: �`��`�4`cG`F :`r G Ct:`�Z.`Gt: �`�C.`��CJ�`�`CC:`C2: � C:`�.`Ot:`C<i`Ot: Ct:`�`ti`�`•4 Z=TJ�t:`Cti�GCJCt:`Ct>Z`i;`�t)e<;`Cti`CCiCG`Q�.`CC7CC-�C P 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotaryorri Item e5907 Reorder: Call Toll -Free 1-800-87G-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. a: each. hereby make, constitute and appomt. ***Keith E. Sandrock Sr., Natalie Caicedo Lopez, Dan Armstrong, jointly or severally*** as their true and lawful Attorney(s)•in-Fact, to make, execute. deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- shio giving and granting unto said Attomey(s)•irrFact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is. authorized to attest the execution of any such Power of Attorney, RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 sL 2008. AND By. StephenSenior Vice President ;'J� vOR.`.Vo GOMPQpYDP OCT By'6"?J" — '-o 1936 :`02 w 1967 Charles L. Day Assistant Secretary "s >,,`•.• :`Di ? O c State of California yt County of Orange On January 1st, 2008 before me, _- _ Christopher J. Roach. Notary Public _ Date Here Insert Name and Title of the Officer personally appeared __ _, Stephen T Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfier,2heir authorized ISTOPHER J. ROACH capacity(ies). and that by his/herltheir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted. executed the instrument. @:HR COMM.#1745939 07A0Y IP r CAUFORNIA Q 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing oaragraph is ORANGE COUNTY ry true and correct MY oomm. expires M8y 19, 2011 WITNESS =handandralseal Place Notary Seal Above Signature _� Ch er J Roach CERTIFICATE The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, thej 6 THday of JU 1y 2009 By' ----- Albert Hillebrand. Assistant e�etas ID-1380(Wet)(Rev.07/01) 'I'X FM INSCO INSURANCE SERVICES, INC. Insr.%jC® Underwriting Manager for: X�71[r` Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 - Irvine, California 92614 - (949) 263-3300 i �� ATTACHED TO AND FORMING A PART OF: Bond No.: 819533S Principal: Desert Cheyenne, Inc. Obligee: City of La Quinta Surety: Developers Surety and Indemnity Company Effective June 29 The bond amount be reduced FROM: $1,916,272.00 TO: $1,587,875.00 , 20 09 , it is agreed that: Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 16TH day of July 20 o9 Principal: Desert Cheyenne, Inc. Surety: Devejopers Surety and Indemnity Company � d f r I i By: Natalie Caicedo Lopez for ey-in-Fact PRODUCER: AR -INS, INC. DBA Armstrong/Robitaille/Riegle Business and Insurance Solutions 2127 West Orangewood Ave, Suite 100, Orange, CA 92868 1D-1183 (REV. 1101) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On July 16, 2009 before me, Ana Roldan, Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Siyit@r(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 signature(s) on the instrument the .�.. person(s), or the entity upon behalf of which the person(s) � ANA RQLDAN acted, executed the instrument. N COMM. # 1697782 1 certify under PENALTY OF PERJURY under the laws of NOTARY PUBLIC CALIr`ORNIA a the State of California that the foregoing paragraph is true f ORANGE COUNTY and correct. 11 My comm. expires Oct. 5, 2010 It Witness myrfi d and off 'aPyse 1. Signature Place Notary Seal Above St ature of Notary Public 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 Document Title or Type of Document: Bond Rider - Bond Number 819533S Document Date: July 16, 2009 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): U Partner — L1 Limited ❑ General W Attorney in Fact Ej Trustee Ef Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Individual ❑ Corporate Officer -- Title(s):__ ❑ Partner -- ❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here Other: Signer Is Representing: 02007 National Notary Association - 9350 Or Seto Ave.. P.O. Box 2402 - Chatsvorth, CA 913t3-2.02- w+�.NatfonalNotary.org Item ie5907 Reorder. Cafl Toll•Free i-800-87n-f,827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each. hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Natalie Caicedo Lopez, Dan Armstrong, jointly or severally*** as their true and lawful Adomey(s}in-Fact, to make, execute, deliver and acknowledge, for and or, behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attaney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of [hem hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAdomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so afifrxed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN W!TNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. Stapher T. Pita, Senior Vice Presider ;.yOQ 4V9YORgl `�a, 1�G pPPOgaT y ¢ c OCT. n �' oCT S :wt 10 By. _ _.. o�=. 1 9 3 6 ; w 1867 Charles L. Day, Assistant Secretary i a 0 Q State of California County of Orange On January'sL 200A,_ before me. .�_ Christopher J. RPach, Notary Public —_._........_._..........._....._._.._._... Date ^ere Inset Name and Title of the Officer personally appeared Stephen T_Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshehhey executed the same in hisfherAheir authorized capaciiy(!es), and that by hislher their signature(s) on the instrument the person(s), or the entity upon behalf of CHRISTOPHER J. ROACH which the person(s) acted, executed the instrument. H COMM. #! 174.5939 : NOTARY PUBLIC CALIFORNIA o I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3 ORANGE COLPM true and correct. My comm. expires Ivtay 19, 2011 WITNESS my hand and official seal. Place Notary Seal Above Signature _............ � ■z�' Ch—� u ,er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked: and furthermore: that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power o#Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California. thej 6TH day of July 2009 By-- _ --- Albert Hillebrard, Assistant ecretary ID -I 380eNet)(Rev.07i07) BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE # 08/15/2007 819533S Subdiv. Improvement Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: City Of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 06/29/2006. This Rider is on behalf of Desert Cheyenne Inc understood and agreed, effective from above date, that: EFFECTIVE 6/29/2007 AMEND BOND AND CONTRACT AMOUNT TO READ: $1,916,272.00 PRODUCER: Balance Insurance Agency 17780 Fitch Suite 150 Irvine, CA 92614 Providcd, hovvcvcr, that the liability of the company under the attached bond as changed by this order shall not be cumulative. POWER OFXFTORNEY FOR DEVELOPERS SURETY AND INDEMNITY CONIPANY INDEMNITY COMPANY OF CALIFORNIA PO 13OX 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: ***Gina L. Garner, Yvonne M. Dean, Pauline M. McLean, Antonio Alvarado, Mary J. Thomas, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf ol'said corporations, as sureties. bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations fill power ot'substitution and revocation, and all of the acts of said Attorncy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. "This Power of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attornev(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary orally Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution orally such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so at3ixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and IN1317MNI FY COMPANY OF CALIFORNIA have severally caused these presents to be si11 gned by their respective 1;xecutive Vice President and attested by their respective Secretary this I st day of December, 2005. By: "•,. David H. Rhodes, Executive Vice -President .0. l •AND O 3�°�aJ •-40pP R4T •:�jti R' ?� OCT. 10 er) Walter A. Crowell, Secretary /O 7� • yy p. ••'�'h r. STATE OF CALIFORNIA COUNTY OF ORANGE On December 1. 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Wallet -A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that helshe(they executed the same in hisilier./their authorized capacity(ics), and that by his%hedtheir signature(s) on the instrtmient the person(s), or the entity upon behalfol'which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature (� _ GINA L. GARNER N COMM. # 1569561 (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ILMy comm. expires May 13, 29 y - - CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full fierce and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of An .. are in f ce as of the date of this Certificate. This Certificate is executed in the City of Irvine, California. the —/57— day of By — - Albert Hillebrand, Assistant Secretary I D-13S0 ( Rev. 12.105) Tw�v 4 44amrw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: �eothy R. Jonasson, Public Works Director / City Engineer Date: June 18, 2007 Re: Reduction Bond Rider to Performance Security for Rancho Santana, Tract Map No. 31202-1, due to Completed Off -site Improvements Please attach the new reduction bond rider to the existing Performance security bonds for TM 31202-1, off -site improvements. Please find enclosed the new reduction bond rider (reduced amount) which will secure the completion of the remaining improvements. The amounts and addresses to the developer and the surety company are as follows: TRACT No. 31202-1 Performance Reduced Performance Bond Number Security Amount 819533S $3,343,110 $2,149,820 Developer: Mr. Kevin Walsh Oak Tree Industries, Inc. 78-401 Highway 1 1 1, Suite G La Quinta, CA 92253 Surety Company: Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 Cc: Project File I, Tract Map No. 31202-1 Amy Yu, Assistant Engineer II TATracts\30000-39999\31202 (1-4)\31202-1\Bond Reduction Rider - Memo to City Clerk TM 31202-1.doc Off Site Improvements Bond No 819533S Premium $60,176.00/2 Year Term SUBDIVISION IMPROVEMENTS Tract Map No. 31202-1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31202-1 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Desert Cheyenne, Inc. hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_ , and identified as Tract Map No. 31202-1 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal andDevelopers Surety and Indemnity Company as ret , are �ild and firm It b undd unnt� t¢e Citx otha Quinta hereinafter called ("City"), in the penal sum of t ousand onoenhun red Unr 0 9 �0 ree DOLLARS ($ 3,343,110.00 ) 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 bounded 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 agreement 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 City, 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner 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 agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 29 2004 Desert venne. Inc. Principal (Seal) I /� Signature of cipal John R. Pedalino, President Title of Signatory Developers Surety and Indemnity Company ur - (Seal) i u ur Natalie Caicedo, Attorney —In —Fact Title of Signatory Developers Surety and Indemnity Company 17780 Fitch Suite 200 Irvine CA 92614 Address of Surety 949-263-3300 Phone # of Surety Mark Lansdon Contact Person For Surety F201 - Performance Bond Page 2 of 2 STATE OF California SS. COUNTY OF Orange On June 29, 2004 PERSONALLY APPEARED , before me, Beth Liescheidt Natalie Caieedo personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Signature OPTIONAL BETH LIESCHEIDT 1— COMM. # 1487862 Notary Public-Califorrna� N Orange Counjy _. My Comm_ Exppires —► This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL .XTTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Developers Surety andlndemnity Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. On July 1, 2004 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity ypbb� behalf of which the person acted, executed the instrument. of CYNTHIA ANi' b L WIT SS my and and ffici se I. r�YQv��u$flffl 26 F RIVERSIDE COUN YY IVY Gotum, Expires 000Ber 26.2006 Sign (NOTARY SEAL) ATTENTION NOT,#RY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Performance Bond THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 2&ack Date of Document 6/29/04 Signer(s) Other Than Named Above Natalie Caicedo. DOCUMENT PROVIDED BY STEWART TITLE OF CALIFORNIA. INC. NOTARVt DOC POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 (949)263-3300 KNOW ALL MEN BY TI IESE PRESENTS. that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: ***Keith E. Sandrock, Patricia 3. Sandrock, Natalie Caicedo, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make. execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and c01111-80S of suretyship giving and granting unto Said AOorncy(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection (herewith as each of said corporations could do, hilt reserving to each of said corporations Hull power of Substitution and revocation, and all of the acts of said AItorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effective as of November I, 2000: RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds. undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution of any Such Power of Attorney: RESOLVED. FURTI IER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate hearing Such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond. Undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to he signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October, 2003. By: ,o�VAN1 °•,, OPANy/)_ David H. Rhodes. Executive Vice -President By: All-69- 14're-'m Walter A. Crowell. Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) �,.C-i ILp0Rgroccq�y , ;` �. �C'OppPOq, _ ? OCT. OCT. 5 a 10 S c� e o�;. 1936 ?3°; w 1967 02 0 gc,FOR` a ,; /OW.. ,. *�a On October I, 2003. before me. Diane J. Kmvata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS lily hand and official seal.-- y DIANE J. KAWATA O COMM. If 1334746 Notary Public -California ORANGE COUNTY � Signature My Comm. Expires JAN.8. 2006 ' CERTIFICATE The undersigned. as Senior Vice -President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore. that the provisions Of the resolution% of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificatc iS executed in the City of h•vine. C'alifirrnia. the 29 day or June 2004 By P-a W Wesley W. Cowling . enior Vice -President. Underwri n 11 ID-1380 ( Rev. 1010 3) 4aIE INSCO INSURANCE SERVICES, INC. insc%,CO Underwriting Manager for: (9K ED p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 819533S Principal: Desert Cheyenne, Inc. Obligee: City of La Quinta Surety: Developers Surety and Indemnity Company Effective June 28 The Performance Bond amount be reduced FROM: ($3,343,110.00) TO: ($2,149,820.00) The Labor and Material Bond amount be reduced FROM: ($3,343,110.00) TO: ($2,149,820.00) , 2006 , it is agreed that: Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed, sealed this 28TH day of June 2006 Principal: D ' rt Cheyenne, Inc. Surety: Developers Surety an Indemniel 0-71pany By. Keith E. Sandrock, Jr. or ey-in-Faci Accepted igee nowledgment ID-1184 (REV. 1101) STATE OF California COUNTYOF Orange On June 28, 2006 before me, Natalie Caicedo (here insert name and title of the officer), personally appeared Keith E. Sandrock, Jr. personally known to me (or 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. NATALIE CAICEDO r COMM. # 1443480 N Notary Public -California Orange County N My Comm. Expires OCTOBER 12 2007 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL u ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Developers Surety and Indemnity Company NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT If POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Keith E. Sandrock Jr., Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. By: David H. Rhodes, Executive Vice -President By: Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ••��:I. AND F' p OCT. e < u,, 10 0 1936 OCT. 5 1967 On December 1, 2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or 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. WITNESS my hand and official seal. Signature GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBUC CAUFORNIA ORANGE COUNTY My cotmn. expires M 13, 2009 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. By This Certificate is executed in the City of Irvine, California, the 28TH day of June 2006 Albert Hillebrand, Assistant Secretary ID- 1380 (Rev. 12/05) Off Site Improvements Bond No 819533S Premium $Included In Performance Bond SUBDIVISION IMPROVEMENTS Tract Map NO. 31202-1 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31202-1 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Desert Cheyenne, Inc. hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 200 , and identified as Tract Map No. 31202-1 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three million three hundred forty three thousand one hundred ten DOLLARS ($ 3 , 343 ,110.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Pagel of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 29 2004. Desert Che4me, Inc. Principal (Seal) �) Signature of PO!ipal John R. Pedalino, President Title of Signatory Develo ers Surety and Indemnit Co�any (Seal) S f Natalie Caicedo, Attorney -In -Fact Title of Signatory Developers Surety and Indemnity Company 17780 Fitch 2U ite 200 Irvine CA 92614 Address of Surety 949-263-3300 Phone # of Surety Mark Lansdon Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 STATE OF CaCifornia SS. COUNTY OF Orange On June 29, 2004 PERSONALLY APPEARED , before me, Beth Liescheidt Watahe Caicedo personally known to me (or 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 acknowl- edged 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. WITNESS my hand and official seal. Signature OPTIONAL BETH LIESCHEIDT r COMM. # 1487862 Notary Public-CaliforniaM N Orange County My yMAY Com4 20xp8res -+ This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL , XkATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DeveCopers Surety andlndemnity Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. On July 1, 2004 before me, CYNTHIA ANN DIAZ, NOTARY PUBLIC personally appeared JOHN R. PEDALINO, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. CYNTHIA A N N CIA2 WITNESS4handandse I. #1322 ` '.4.0 N9Y PUBL�P;RIVERSIDE COUNTY ly Comma ENP469 OC OW 29, nO5 Si ature�� (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. L'b6l, y- dlct �� THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Performance Bond THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 2&ack Date of Document 6/29/04 Signer(s) Other Than Named Above Natalie Caicedo. DOCUMENT PROVIDED BY STEW ART TITLE OF CALIFORNIA, INC NOTARYI.DOC POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 130X 19735. IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make. constitute and appoint: ***Keith E. Sandrock, Patricia J. Sandrock, Natalie Caicedo, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make. execute, deliver and acknowledge, for and on behalfof said corporations• as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to he done in c01111ecti0n therewith as each of said corporations could do, but reserving to each ofsaid corporations till power of substitution and revocation, and all of the acts of said Atorney(s)-in-Fact pursuant to these presents, are hereby ratifies( and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority 01'the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. et7ective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers ofAttorney to execute, on behalf of the corporations, bonds, undertakings and contracts 0f Suretyship: and that the Secretary or any Assistant Secretary of the corporations he. and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED. FURTI IER. that the signatures of such officers may he aflixed to any such PoWcr of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing Such Ftcsimile signatures shall he valid and hinding upon the corporation when so affixed and in the future With respect to any bond, undertaking or contract ofsuretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st (lay of October. 2003. B ,��ANO." GPANV David 1-I. Rhodes. Executive Vice -President By: Alw- / Walter A. Crowell. Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) ��C ............... OF', GpPOR o OCT. i< c Z? OCT. 5 a 10 c� c W 1967 o�.; 1936 �, o 0 On October I. 2003. before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to fire on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Y� DIANE J. KAWATA O@My COMM. n 1334746 Notary Public -California 0 ORANGE COUNTY 0Signature Comm. Expires JAN.8. 2006 • CERTIFICATE The undersigned, as Senior Vice-president, Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing, Power ofAttorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This C'ertiticate is executed in the City of ivine. California. the 29 day of June 2004 By pj;,� � cD c6,oe.,. Wesley W. Cowling.. enior Vice -President. Under% r e ID-1380 (Rev. 10/03) On Site Improvements Bond No 819534S Premium $59,666'.00/2 Year Term SUBDIVISION IMPROVEMENTS Tract Map No.31202-1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31202-1 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta; State of California, and Desert Cheyenne Inc. hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _, 200, and identified as Tract Map No. 31202-1 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Developers Surety and Indemnity Company as Irity.are�nd rr�l�re c�uuneodth oui of La Quinta hereinafter called ("City"), in the penal sum of DOLLARS ($ 1- *114.760 - 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 bounded 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 agreement 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 City, 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 On Site Improvements Bond No 819534S Premium $Included In Performance Bond SUBDIVISION IMPROVEMENTS Tract Map No31202-1 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No.31202-1 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Desert Cheyenne, Inc. hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated _, 200, and identified as Tract Map No. 31202-1 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three million three hundred thousand eight hundred sixty_ DOLLARS ($ 3,300,860.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 Bond No 819471 S Premium $2,133.00/2 Year Term FAITHFUL PIERFORMANCL BOND (LQMC 6.113) Fuglthre OM Central Bond WHEREAS. the Ctty of La QUInta, C.e11116mts, is prrpUMd to euthoriss Desert Cheyenne, Inc. , a. Ptri Opal, to proceed with cocain constN an aaivihee pursuant to one. or more parrnit* Issued by the City, for various Inft'astructure improvements eandlor strur-turns on, or assotiated with, privatety-owned property genersky known to the City and others as Rancho Santana ;and WHEREAS, aR such construction and demolition adivttles w441 be performed in wch manner as to confa m with La Cents Municipal Code, Chaper 6.16, entitled Fu9MV& Dust Control to reduce fugitive dust and Corresponding PM10 aftmions; and WHEREAS, said Pdnelpst is required by LgMC 6,16.051(A)(41 b anaure that Fugltwn Dust Control Pion N , pa"rad speciMeally for the subject construction slte, is finenci4py secure by furnishing socunty for ttw faithful perfonnwrtoe of this dust control activltktes required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Prk►cip1N and Developers Surety and Indemnity Company as Surety, are held and Firmly bound lotto a Ity uirltait, as pee, In th67 penal surn� o�~� E H DREG E Q M N E AN �i't00 1d1� ( I le o.0p law +A money a go n tates. Ibr payment of which sum waK and truly to be made, we bind ourselves. our heirs, suocasas, wc®cutars and administrators, jointly and severally, firmly by MOO ptea@Mb. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executom, administrators, sucossoors or asslpns, ahbll in aM Wnps stand to and abide by, and wall and truly keep and perform, the covenants, conditions and prOklons in the said dust control plan and any akeration cheroot moos as therein provided. on his or their part. to be ingot and performed at the lime and in the manner tmwaln specirred, and in all respects swardlftg te►thsir true intent and meaning. and shalt indemnify and save harmless sins Obliges, its officars. Agents and amployess, as therein stipulated, then this obligation shall become null and void; otherwise, it =hail be and remain In full foray and effect. As a pert of the obtigatan secured hereby and in addoon to the face amunt spSctt'ned therefor, ttWa shall be included costs and reasonable expenses and fear, including reasonable attorneys fees, incurred by the Obliges in succe"fully enforcing such obligation, all to be taxed as costa and included in any judgement rendered. The surety hereby stipulates and *gross that no chatngs, exteMion of time, alteration ac addition to the terrrns or the dust control plan or to the worts to be performed "founder or the sperMc+atlotte accompanying the same shall in anywise affect its obligations on this bond, and It doas hereby waive notice of any such change. extension of time. alteratioon or addition to the terms of the dust contmi plan or to the work, the spoaificstions, or the conditiogs of apMval of sold plait. Page 1 of 2 P211 Bond No 819472S Premium $5,653.00/2 Year Term FAITHFUL PERFORMANCE Bally (LQMC 8,02.01 a CBC 3311 ) GmdlnO 139nd WHEREAS, the City of La QLdrft. Capforr A. is prepared to Issue Encroachment Permit d in accordance with the L& Quints Municipal Code. and the California Buiiding Code which Is adopteby reference, to Desert Cheyenne, Inc. , as Principal. whereby Principal MR be cut odz to perform cerhM g Imp rovetn s entif the permh. and as further rietailod on the grading plans rekrenced therein, to privately -owned property goneraly known to the City and others as Rancho Santana ; and WHEREAS. Said farincipai is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in scoordanca with the approved plans, specifims0one, and permit recluirements; or. it the work is abandoned (t'toL completed as Mquicedl. PCi(tctpal attett cormot at eNminate any hazardous conditions that May Mist. Now, thereftm. we use Principal and Developers Surety and Indemnity Company as Surety, are held and firmly bound �. In the perwl sumsum of'71i HUNDRED F TEF%14 7HOylge F05Z-THREE AND R1 22 Dollars ( 314.043.OD ) liawfW money of the United States, r payment of which cum Well and tn,iy to be made. we bind aurspelvsa, oUr nWrs, succeemm. wwoutors and administrators. jointly and severally. firmly by thIm presents. The condition of this ablation is such that 0 the sham bonded P fttapst, his or its halm, exOoutM. adrninistrarwre. ouccessors or assigns, shell In all qkqs stand to and abloe by. and well and truly keep and perform the oavenents, conditions end provisi0+ts in the sold perrM end any elteiration thereof made at therein provided. on his or their pact, to be kept and peft..led at the time and in the manner therein specined, and In all respect* occordfg to their inn utters! and meaning, and shell rode nr0,•-and save harmless the Ottllgee, its officers, agents and employees, as therein sOpAtlited, then this obligation shall become nail and void: otherwise, 4 •hail be and rennin in full fora+ and affect. As 0 part of the obligatvn secured hereby and in eddkion to the face amount specified tharefar, there shall be included Costs and reasonable eupenm and lees, including reasonadls suornsy's tees, incurred by the Obligee In suaftestutty *n#orcing such ab GWAion. aft to be taxed as costs and W*uded in any judgement 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 thereunder or the speelfieWons accompanying the some shall in anywise affect its obligations on this bond. and It does hereby waive notice of any such change, extension of time. elleretion or addition to the terms of the permit or to the work or to the specifications. Page 1 of 2 P7184 AGENDA CATEGORY: CITY SA / HA / FA MEETING DATE: June 5, 2012 S BUSINESS SESSION: _ ITEM TITLE: Consideration of a Resolution to Extend the Time for Completion of the Off -Site Improvements for CONSENT CALENDAR: - Tract Map No. 31202-1, Rancho Santana, Desert STUDY SESSION: Cheyenne, Inc. — PUBLIC HEARING: RECOMMENDATION: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On July 20, 2004, Desert Cheyenne, Inc. entered into a SIA for Tract Map No. 31202- 1, Rancho Santana. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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 208 to changes in standards or conditions affecting or affected by the improvements. On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to July 20, 2007. On June 16, 2009, the City Council adopted a resolution granting a second time extension for the completion of the off -site improvements to March 31, 2010. On June 21, 2011, the City Council adopted a resolution granting a third time extension for the completion of the off -site improvements to June 21, 2012. In a letter dated May 15, 2012 (Attachment 2), the developer states that only two new homes have closed escrow since the last time extension and the REOs and short sales continue to negatively impact the pricing of the new homes. The developer has completed the water and sewer improvements, street improvements, and storm drain improvements on Avenue 52 and Monroe Street. The median landscaping on Avenue 52 is also complete. The remaining off -site improvements include the median landscaping on Monroe Street, 25% of a traffic signal at Avenue 52 and Monroe Street, a traffic signal at the project's entrance on Monroe Street, and a traffic signal at the entrance on Avenue 52. The developer plans on addressing the installation of the traffic signals with the City as Rancho Santana approaches the build -out stage. The developer hopes to close escrow on a few more homes at pricing levels to allow enough funds to complete the median landscaping on Monroe Street and plans to complete the median landscaping by February 28, 2013. The developer requests a time extension to June 30, 2013 for the other remaining off -site improvements. On May 11, 2012, the City received an email from a resident of Carmela (Attachment 3) requesting the developer to complete the median landscaping on Monroe Street and that the 'City Council not grant the developer another time extension. Staff has prepared the attached resolution which provides for approval of the fourth time extension of the SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion 209 of the off -site improvements as specified in the approved SIA to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013 for Tract Map No. 31202-1, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Oimothy R J nas P.E. Public Wor s Dire for/City Engineer Approved for submission by: :� .n Mark Weiss, Interim City Manager Attachments: 1. Vicinity Map 2. Letter from John Pedalino dated May 15, 2012 3. Email from Len Wahlert dated May 11, 2012 16 210 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 21, 2013 FOR TRACT MAP NO. 31202-1, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, on July 20, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by June 21, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 21, 2013 with the exception of the median landscaping on Monroe Street be completed by February 28, 2013. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. 211 Resolution No. 2012- Tract Map No. 31202-1, Rancho Santana Adopted: June 5, 2012 Page 2 Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`h day of June 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, Interim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California r 212 ATTACHMENT 1 TM 31202-1 RANCHO SANTANA HWY 111 HWY 111 JDR.CARREON BLVD w AVENUE 48TH w W N O F N AVENUE 50TH O Z Li Z V Z uj 2 AVENUE 52ND 8,"fTE AVENUE 54TH TICINITY MAP NOT TO SCALE 213 V ANCHO SANTANA May 15, 2012 RECE IED Mr. Tim Jonasson MAY 16?012 Director of Public Works, City Engineer PUBUC WORKS 78t945 Cal Tampico of La Quinta Developrr�ntgervicgg La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SIAs) Tract Map 31202-1 Offsite, Rancho Santana Mr. Jonasson: The purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-1 Offsite, the Rancho Santana Development located at the southwest comer of Avenue 52 and Monroe Street. Since the time of the prior request for extension, we have only closed escrow on two new homes. Although we continue to actively market the new homes, the REOs and Short Sales continue to negatively impact the pricing of the new homes. The only remaining Offsite Improvements are the Median Landscaping on Monroe St., and the Traffic Signals. All other offsite improvements have been completed. We were hoping to close two or three more homes in 2012 at pricing levels that would allow us enough funds to complete the median landscape improvements on Monroe St. As we approach the build -out of Rancho Santana, we will address the installation of the traffic signals with the City of La Quinta. Therefore, we are requesting that the SIAs for Tract 31202-1 Offsite be extended through June 30, 2013. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Sinc ely, John R. Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. 111 St. X La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 214 ATTACHMENT 3 council(@Ia-guinta.org ; Cc: Jerry Zamora ; Danette & Mike Ketchum; Marilyn Wahlert ; Len Wahlert ; Bonnie Hagerman ; Liz Schelble ; Mark Sanchez; Damian Cano Sent: Friday, May 11, 2012 8:01 PM Subject: Letter to La Quinta City Council - Landscaping by Developers May 10, 2012 TO: Mayor -- Don Adolph City of La Quinta TERRY B. HENDERSON, MAYOR PRO TEM LINDA EVANS, COUNCIL MEMBER KRISTY FRANKLIN, COUNCIL MEMBER LEE M. OSBORNE, COUNCIL MEMBER Carmela Homeowners, Isabel & Jerry Zamora joined me to attend a meeting with two La Quinta City Directors. We requested time on their calendars. The subject matter for our meeting was to determine next steps in our efforts to get the landscaping completed in two areas of our community. We met with: La Quinta City Planning Director — Les Johnson 760-777-7071 & La Quinta City Public Works Director/City Engineer — Tim Jonasson 760-777-7075 The two areas we focused: #1 - the left side of the entrance to our community on Avenue 53. This side of the street is the responsibility of the Madison Club. #2 is the median on Monroe from the entrance of Rancho Santana on Mountain Spur to the intersection of Monroe and Avenue 52. We have attached the pictures in a PowerPoint presentation that show the specific areas mentioned above. We understand from the discovery process that all developers must file Subdivision lmprovementAlgreementswith the city when they build their development(s). Both The Madison Club and Rancho Santana have these agreements filed with the city of La Quinta. These agreements are for one year. The specific areas that we want to have completed are outside the developments as you know. We uncovered the fact that the one year agreements have been extended 3 times for both properties. The new time extension for Rancho Santana will be the 41h extension requested. The current 215 Through our discussion with the city directors we discovered that we need to submit a formal letter from the Carmela HOA to the Mayor and all members of the City Council. In addition, we need to address the City Council on the appropriate day when both Rancho Santana and The Madison Clubs request for extensions are address on the La Quinta City Council's Consent Calendar. At that time we need residents from Carmela to attend the City Council Meeting and address the council on our concerns and request that the developers complete the landscaping and not receive another extension. The Carmela homeowners have completed Petitions requesting the developers complete these landscaping projects. These Petitions for both properties will be presented at the appropriate La Quinta City Council meeting(s) as backup material for our presentations. We would request,a notification from the City of La Quinta when'each developers extension will be.on'the City Council's Consent Agenda. Respectfully, Len Wahlert Carmela Homeowner and HOA Member 81-773 Contento La Quinta,. CA 92253-7873 760-619-3910 Jerry & Isabel Zamora 81-945 Via La Serena La Quinta, CA 92253-7873 760-393-0694 bbc: Carmela Homeowners - HOA 216 T4t!t 4 4 au"M COUNCIL/RDA MEETING DATE: June 16, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: -1 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to March 31, 2010 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On July 20, 2004, Desert Cheyenne, Inc. entered into an SIA for the Rancho Santana development. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to 168 require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. " On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the off -site improvements to July 20, 2007. In a letter dated March 27, 2009 (Attachment 2), the developer requested a time extension to March 31, 2011 for the remaining off -site improvements, which include 25% of a traffic signal at Avenue 52 and Monroe Street, a traffic signal at the project's entrance on Monroe Street, a traffic signal at the entrance on Avenue 52, and the median landscaping on Avenue 52 and Monroe Street. The developer was issued an encroachment permit for the median landscape work on Avenue 52 on May 11, 2009 and will soon begin the work. The developer plans on addressing the installation of the traffic signals with the City as Rancho Santana approaches the build out stage. Staff has prepared the attached resolution which provides for the approval of the second time extension of the SIA to March 31, 2010. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1 . Adopt a Resolution of the City Council to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31202-1, Rancho Santana; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the off -site improvements time as specified in the approved Subdivision Improvement Agreement to March 31, 2010 for Tract Map No. 31202-1, Rancho Santana; or 3. Provide staff with alternative direction. Respectfully submitted, n othy R. Jo as o , P.E. Public Works Dire or/City Engineer 169 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity. Map 2. Letter from Desert Cheyenne, Inc. dated March 27, 2009 170 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 31, 2010 FOR TRACT MAP NO. 31202-1, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, on July 20, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to March 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 31, 2010. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 171 Resolution No. 2009- Tract Map No. 31202-1, Rancho Santana Adopted: June 2, 2009 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 16`h day of June 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California 172 ATTACHMENT 1 TM 31202-1 RANCHO SANTANA AVENUE 48TH w @ 04' w U AVENUE 50TH z w W Of Z V) p Z Y AVENUE 52ND ,1 a C�a nt o • AVENUE 54TH VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 2, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the Off -Site Improvements for Tract Map No. 31202-1 APPLICANT: Mr. John Pedalino, Desert Cheyenne, Inc. » 173 N."NaTc"I 'J" s.®� March 27, 2009 Mr. Tim Jonasson RECEN D Director of Public Works, City Engineer City of La Quinta APR 0 6 2009 78-945 Calle Tampico Dem0p'aTtsamices La Quinta, CA 92247 RE: Request for Time Extension for Subdivision Improvement Agreements (SLAB) Tract Map 31202-1 Onsite and Offsite, Rancho Santana Mr. Jonasson: This purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-1 Onsite and Offsite, the Rancho Santana Development located at the southwest corner of Avenue 52 and Monroe Street. Please be advised that all of the Onsite Improvements for Tract 31202-1 have been completed and we are in receipt of a letter from the City of La Quinta dated July 31, 2007 regarding the final acceptance of the improvements subject to the completion of survey monuments, agency acceptance letters, as - built improvement plans, HOA acceptance and Warranty Security. We will initiate the completion of these items within ninety (90) days of this letter. Therefore, we are requesting that the SIAs for Tract 31202-1 Onsite be extended through December 31, 2009. The remaining Offsite Improvements include the Median Landscaping on Avenue 52 and Monroe St., and the Traffic Signals. All other offsite improvements have been completed. The installation of the Median Landscaping will be initiated in April, 2009. As we approach the build -out of Rancho Santana, which we anticipate to be in two years, we will address the installation of the traffic signals with the City of La Quinta. Therefore, we are requesting that the-SIAs for Tract 31202-1 Offsite be extended through March 31, 2011. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. Serely, John . Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. 111 St. G La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 ..... 174 Tw�v 4 4 Qgb& COUNCIL/RDA MEETING DATE: June 2, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC NEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement (SIA) to December 31, 2009 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1) is located south of Avenue 52 and west of Monroe Street (Attachment 1). On July 20, 2004, Desert Cheyenne, Inc. entered into an SIA for the Rancho Santana development. Section 6 of the SIA requires: "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 091 necessary, to declare Subdivider in default of this SIA, 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. " On August 1, 2006, the City Council adopted a resolution granting a time extension for the completion of the on -site improvements to July 20, 2007. In a letter dated March 27, 2009 (Attachment 2), the developer stated that all on -site improvements are complete. The developer requested a time extension to December 31, 2009 for preparing record drawings, submitting survey monuments, obtaining other agencies and the Homeowners' Association's acceptance letters, and a warranty security. Staff has prepared the attached resolution which provides for the approval of the second time extension of the SIA to December 31, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to December 31, 2009 for Tract Map No. 31202-1, Rancho Santana; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of the on -site improvements time as specified in the approved Subdivision Improvement Agreement to December 31, 2009 for Tract Map No. 31202-1, Rancho Santana; or 3. Provide staff with alternative direction. Respectfully submitted, Jmothy R. on s on, P.E. Public Wo s Di ctor/City Engineer 092 Approved for submission by: homas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Letter from Desert Cheyenne, Inc. dated March 27, 2009 093 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO DECEMBER 31, 2009 FOR TRACT MAP NO. 31202- 1, RANCHO SANTANA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, on July 20, 2004; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2007, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to December 31, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. ...-1 094 Resolution No. 2009- Tract Map No. 31202-1, Rancho Santana Adopted: June 2, 2009 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this god day of June, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �.., 095 ATTACHMENT 1 TM 31202-1 RANCHO SANTANA AVENUE 48TH I (0 Ld F V) AVENUE 50TH z � w z N p Q z O Y U AVENUE 52ND � AVENUE 54TH VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: June 2, 2009 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31202-1 APPLICANT: Mr. John Pedalino, Desert Cheyenne, Inc. e96 ALIANCHO SANTANA March 27, 2009 Mr. Tim Jonasson RECEIVED Director of Public Works, City Engineer City of La Quinta APR 6 6 2009 78-945 Calle Tampico La Quinta CA 92247 OPmebxt5av� RE: Request for Time Extension for Subdivision Improvement Agreements (SIAS) Tract Map 31202-1 Onsite and Offsite, Rancho Santana Mr. Jonasson: This purpose of this letter is to formally request a time extension for the Subdivision Improvement Agreements (SIA) for Tract 31202-1 Ofsite and Offsite, the Rancho Santana Development located at the southwest comer of Avenue 52 and Monroe Street. Please be advised that all of the Offite Improvements for Tract 31202-1 have been completed and we are in receipt of a letter from the City of La Quinta dated July 31, 2007 regarding the final acceptance of the improvements subject to the completion of survey monuments, agency acceptance letters, as - built improvement plans; HOA acceptance and Warranty Security. We will initiate the completion of these items within ninety (90) days of this letter. Therefore, we are requesting that the SIAs for Tract 31202-1 Offite be extended through December 31, 2009. The remaining Offsite Improvements include the Median Landscaping on Avenue 52 and Monroe St., and the Traffic Signals. All other offsite improvements have been completed. The installation of the Median Landscaping will be initiated in April, 2009. As we approach the build -out of Rancho Santana, which we anticipate to be in two years, we will address the installation of the traffic signals with the City of La Quinta. Therefore, we are requesting that the-SIAs for Tract 31202-1 Offsite be extended through March 31, 2011. Please call me at (760) 777-9920 if you have questions or need additional information. Thank you very much for your consideration of this matter. S' erely, John . Pedalino President, Desert Cheyenne, Inc. 78401 Hwy. 111 St. G La Quinta, CA 92253 (760)777-9920 Fax (760)777-9918 ».. 097 ce4hf 44VQU&rw COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One Year for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne RECOMMENDATION: AGENDA CATEGORY: C17 BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to July 20, 2007 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On July 20, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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 1 117 affected by the Improvements. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of July 20, 2007 for the remainder of the off - site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of off - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date the SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, imoth4R, as o , P.E. Public Works Dire for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. on July 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is 1 satisfactory. No additional securities are required. Resolution No. 2006- Tract Map No. 31202-1, Rancho Santana Adopted: August 1, 2006 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15L day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHME-NT 1 133,81S 2 s 7 W z J.33aLs Z NOSI 308NOW W �._j > E _ «O LO ui Q r . 133?!1S FOS"3��3� T4ht 4 4vQu&rw COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On -Site Improvements for a Period of One Year for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne RECOMMENDATION: AGENDA CATEGORY: C18 BUSINESS SESSION: CONSENT CALENDAR: /OIL STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to July 20, 2007 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On July 20, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of July 20, 2007 for the remainder of the on - site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date the SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, f imothy R. Jotrec ass , P.E. Public Worksor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 2 1 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. on July 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA.is 1 ? 4 satisfactory. No additional securities are required. Resolution No. 2006- Tract Map No. 31202-1, Rancho Santana Adopted: August 1, 2006 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 152 day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 J.338ls I NosxOvr 13381S I 308NOW Z C. < LO N w D Z LU w Z ' %" > Q Q !- z z 33 S NOSIOV -- 1332l1S N0Sil3JJ3(' w4 44P OF ti9 COUNCIL/RDA MEETING DATE: June 15, 2004 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision CONSENT CALENDAR: Improvement Agreement for Tract Map No. 31202-1, STUDY SESSION: Rancho Santana, Desert Cheyenne, Inc. PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31202-1 is generally located south of Avenue 52 and west of Monroe Street (Attachment 1). This residential development will consist of 62 residential lots on approximately 31 acres (Attachment 2). On July 1, 2003, the City Council approved Tentative Tract No. 31202. 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. It is expected that the associated securities and all signatures will be in place within the time allowed for its conditional approval. 107 T:\PWDEPT\COUNCIL\2004\06-15-04\31202-1 \Agenda_Meet.doc 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 (July 15, 2004), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 2 Do not adopt a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 3 Provide staff with alternative direction. Respectfully submitted, w Ti Zhy R. as n, P.E. Public Works Dire or/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement T-\PWr)FPT\r fit)NCII\2nn4\nR-1.gi-n4\319n9-1\AnPnrla MPPt_rinn 2 108 RESOLUTION NO. 2004-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC., AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff, present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The final map for Tract Map No. 31202-1 is conditionally approved provided the subdivider submits all required items on or before July 15, 2004. 3 109 Resolution No. 2004- Tract Map No. 31202-1, Rancho Santana Adopted: June 15, 2004 Page 2 Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on July 15, 2004. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of June, 2004, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California 11O 4 Resolution No. 2004- Tract Map No. 31202-1, Rancho Santana Adopted: June 15, 2004 Page 3 ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. 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