2016 36856 East of Madison LLC - SIA On-SiteSUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 36856
ON -SITE IMPROVEMENTS
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
by and between East of Madison, a Delaware lim- ited liabilrit-company, hereinafter referred to as
"Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter
referred toep^City.^
RECITALS -
A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Parcel
map (the ''Map'') of a unit of land in the City of La 0uinto. County of Rivenaide, which unit of land is
known as Parcel No. 36856 (the "Parcel") pursuant to the provisions of Section 66410, et seq. of the
California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City
ordinances and naQu|abona relating to the 0ing, approval and recordation of subdivision maps are
sometimes collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the Pemm| has been approved subject to the Subdivision Laws and to the
requirements and conditions adopted at the Director's Hearing on August 25. 2015 (the ^Conditona of
Approval"). The Conditions of Approval is on file in the office of the City Clerk and is incorporated into
this Agreement by reference.
C, Prior to approval of the K8ap. Subdivider is required to install or agree to install certain public and
private improvements (the ''\mprovamenta^).
D. The Improvements have not been installed and accepted stthis time.
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fees. The performance security shall also include good and sufficient security in t e amount o
one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated
hereafter in this Agreement ("Monumentation Security"). 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 precedent to City Council approval of the Map.
Subdivider shall provide warranty security after Improvements are complete and prior to
acceptance of the Improvements by the City Council, 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 there y
B. Improvement security shall conform with Section GO4g0ufthe California Government Code and
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 financla ns u ons su Jec o
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, in a form acceptable to and approved by the City Attorney, 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 Parcel 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 hereclitaments 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 e 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. The securities required by this Agreement shall be kept on file with the City
Clerk. The terms of the security documents specified in this Agreement are incorporated into this
Agreement by this reference. If any security is replaced by another approved security, the
replacement shall be filed with the City Clerk and, upon filing, shall be deeme• to ave -.en
made a part of and incorporated into this Agreement. Upon filing of a replacement security with
the City Clerk, the former security may be released. The City Engineer shall approve replacement
of security,
# I 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, Parcel
map or waiver of Parcel 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 security if the warranty security is of the same form and from the same source as the
performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit ' bonds and letters of credit as described in Paragraphs 2), 3) and
4) of SECTION 3.B., which require the establishment of evidence of the reliability of the
surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars
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).
C,) For other forms of security listed in Section 3 B, above, there will be no administrative f e.
s 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 is 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
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.
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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 Section 10 of
this Agreement.
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 o
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) No security given for the guarantee or warranty of work shall be released until the expiration
of the warranty period and until any claims filed during the warranty period have been settled.
As provided in paragraph 13 of this Agreement, the warranty period shall not commence until
final acceptance of all the work and improvements by the City pursuant to Paragraph 10.
Warranty security not utilized during the warranty period shall be released one year a ter na
acceptance or approval by the City Council of all improvements. However, if at the end of the
one-year warranty period, there are one or more outstanding requests by City for
performance of work or provision of materials under the terms of the warranty, warranty
security shall be retained until the outstanding requests are satisfied or until Subdivider has
made other arrangements satisfactory to the City Engineer.
6) City may retain from any security released an amount sufficient to cover costs and
reasonable expenses and fees, including reasonable attorneys' fees.
4� 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 perm t or perm ts
shall comply with all provisions of the required permits.
5bft�ske limproVernenji 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 unexpencled 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. •
6.1 COnstructLion of I u egin construction of the Improvements within
p S bdivider shall b
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improvement security requirements as necessary to ensure completion of the improvements, and/or
io require modifications in the standards or sequencing of the Improvements in response to changes
in standards or conditions affecting or affected by the Improvements. aid lure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
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Engineer's authorized representative. If the City Engineer or the designated representative
determines that the work has been completed in accor ance w t s greemen , en e ty
Engineer shall certify the completion of the public improvements to the City Council. No
improvements shall be finally accepted unless all aspects of the work have been inspected and
determined to have been completed in accordance with the Improvement Plans and City standards
and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all
costs of plan check, inspection and certification.
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� Tii�ielNtbiigiom Subdivider may make application in writing to the City Council for an extension
time for completion of the Improvements, The City Council, in ts so e an a so ute scretion, mal
approve or deny the request or conditionally approve the extension with additions or revisions to th
terms and conditions of this Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in rm and su stance
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
Improvement&
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.
1 O� 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.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the
required documentation and will inspect the lmprovementsIf the Improvements are determined to
be in accordance with applicable City standards and specifications, and as provided herein,
obligations required by the Conditions set forth in the Resolution of Approval and this Agreement
have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12,
hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. lNury to lmorovomwfts�� Until such time as the Improvements are accepted by City in accordance
with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the
improvements constructed or installed. Until such time as all Improvements required by this
Agreement are fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to such improvements. City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause,
happening or occurring to the work or improvements specified in this Agreement prior to the
completion and acceptance of the work or improvement& All such risks shall be the responsibility of
and are hereby assumed by Subdivider.
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a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be
liable for any injury to persons or property occasioned by reason of the acts or omissions of
Subdivider,agents or employees in th- performance of this Agree..._ ::•• a +f.:-.-.
to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action,
liability or loss of any sort, including, but not limited to, attorney fees and litigation expensesi because
of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of
this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising
out of, in whole or in •.I' the design •i construction •: the Improvements.indemnification i
agreement to hold harmless shall extend to injuries to persons and damages or taking of property
resulting from the design or construction of said subdivision, and the public improvements as
provided herein, and in addition, to adjacent property owners as a consequence of the diversion of
waters from the design or construction of public drainage systems, streets and other public
improvements.
b� Acceptance by City of the Improvements shall not constitute an assumption by City o an
responsibility for any damage or taking covered by this paragraph. City shall not be responsible f
the design or construction of the subdivision or the improvements pursuant to the approve
Improvement Plans or map, regardless of any negligent action or inaction taken by City in approvin
the plans or map, unless the particular improvement design was specifically required by City ov
written objection by Subdivider submitted to the City Engineer before approval of the particul
improvement design, which objection indicated that the particular improvement design wa
dangerous or defective and suggested an alternative safe and feasible design. Except as may 13-
provided above, City shall not be liable for any negligence, nonfeasance, misfeasance
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or i
approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph i
intended to or shall be deemed to limit or waive any protections or immunities afforded by law to Cit
or anv and all of its officials, emw1wees and awents ("Indemnified Parties"), by virtue of city's approv
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remain obligated to eliminate any defect in design or dangerous condition caused by the design
construction defect-, however, Subdivider shall not be responsible for routine maintenance. Provision
of this paragraph shall remain in full force and effect for ten (10) years following the acceptance b
City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for
liability for design and construction of the Improvements installed or work done pursuant to th i
Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance
malfeasance in approving, reviewing, checking, or correcting any plans or specifications or i_
approving, reviewing or inspecting any work or construction. The Improvement Security shall not b]
required to cover the provisions of this paragraph.
18. No Wd.ificationL.�of�� 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 o 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.
19. Severabilitv. In the event that a court of competent iondetermines that any provision or
provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force
and effect.
20. SubdiMdpLk!g_ftgDt of_City, Neither Subdivider nor any of Subdivider's agents, employees, or
contractors are or shall be considered to be agents of City in connection with the performance of
Subdivider's obligations under this Agreement.
21. General Provisions,
A. All notices pursuant 0othis Agreement shall belnwriting andshaUbepersonallydelivenedoraenf
by registered or certified mail, return receipt requegbsd, to the parties at their respective
addresses indicated hereon. Nuiimaa personally delivered shall be effective upon delivery.
Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of
delivery orrefusal indicahedonthe 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, odnditiono, covenants, and agreements set forth herein shall apply ivand bind the
heirs, executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement ehmU be governed by and interpreted with respect to the laws of the State of
California.
E. In the event ofany 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
rmy
F. Any failure or delay by either party in asserting any of its rights and remedies as to any•e ult
shali not operate as a waiver of any default or of any such rights or remedies provided for
hereunder.
I I I I I I I I I I I I! I I I !I I I I I I I I I I I I I I I I I III I I __ —
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
1. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
East of Madison, LLC, a Delaware limited liability company
80-955 Avenue 5 By: 120 Acre Partners, Ltd., its member and manager
La Quinta, A 2, 3 By: Na ionwide Realty Investors, Ltd., its member and manager
By: tan Avenue
Date
Title: President
By:
Date
Title,
Reviewed and Approved:
4 Timo y R. Jonass r P.E. ity Engineer Date
U-Rmff_,�•
SIGNED INCOUNTERPART
William H. lhrke, City Attorney Date
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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.
G. Time is of the essence in the performance of each and every provision of this Agreement.
H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the
terms of this Agreement.
I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter.
All modifications, amendments, or waivers of the terms of this Agreement must be in writing and
signed by the appropriate representatives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CICity of La Quinta
78-495 Calls Tampico
La Quinta, CA 92253
760/777-7075
Frank J. Spevacek, City Manager Date
ATTEST:
Susan Maysels, City Clerk
East of Madison, LLC, a Delaware limited liability company
80-955 AAvenue5' By: 120 Acre Partners, Ltd®, its member and manager
La Quints, A 2 j3By: No ionwide Realty Investors, Ltd®, its member and manager
By,
jan Ellis Date
Title: President
Um
Exhibit A
improvements designated as "Participatory" have been or will be constructed by othem Security for
Participatory Improvements shall remain in place indefinitely until called upon or released by City.
released
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or
as specified in ChapterArticler of t t t
As elements of the work are completedi 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 securityt: Parcel and shall notreduce 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 Parcel improvements are
complete and accepted by the City Council.
Improvement Description
=71
Performance Labor & materials
10,100 ®®
10,100 ®f
1,010 --
11,110
1 111
1;111 -
-o6s i+
TO: Frank J. Spevacek, City Manager
FROM: Bryan McKinney, Principal Engineer
DATE: May 9, 2016
RE: Subdivision Improvement Agreement for On -Site Storm Drain
Improvements for Two Lots within the Madison Club Development
Associated with Parcel Map No. 36856
Attached for your signature is a Subdivision Improvement Agreement with East of
Madison, LLC for the property referenced above.
Please sign the attached agreement(s) and return it to the City Clerk for processing
and distribution.
r
May 12, 2016
East of Madison, LLC.
Brian Ellis, President
80-955 Avenue 58
La Quinta, CA 92253
Re: Subdivision Improvement Agreement for On -Site Storm Drain Improvements for
Three Lots within the Madison Club Development Associated with Parcel Map No.
36856
To Whom It May Concern:
Enclosed is the fully executed original agreement between East of Madison, LLC. and th
the City of La Quinta for the above -mentioned service.
Should you have any questions, please contact Principal Engineer Bryan McKinney at
(760) 777-8040.
Sincerely,
Monika Radeva
Deputy City Clerk
Enclosure
78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www,La- uinta.ora
CONSENT CALENDAR ITEM NO.
City of La Quinta
CITY COUNCIL MEETING: April 5, 2016
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL
PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL
MAP NO. 36856 WITHIN THE MADISON CLUB DEVELOPMENT
RECOMMENDATION
Adopt a resolution granting conditional approval of Final Parcel Map and Subdivision
Improvement Agreement for Parcel Map No. 36856; and authorize the City Manager to
execute said agreement.
EXECUTIVE SUMMARY
• East of Madison, LLC (Developer), the developer of Parcel Map No. 36856 located
within the Madison Club, has requested conditional approval of a Final Parcel Map.
• This ministerial action completes the subdivision process. The Developer has either
satisfied all conditions of development or will secure them through agreements
within 30 days.
FISCAL IMPACT — None.
BACKGROUND/ANALYSIS
Parcel Map No. 36856 is within the Madison Club residential development located north of
Avenue 54 and east of Madison Street (Attachment 1). The Final Parcel Map subdivides one
existing lot into two residential lots. The site was previously rough graded and on -site
street improvements were completed by the Developer.
The Developer seeks conditional approval of the Final Parcel Map (Attachment 2) and
Subdivision Improvement Agreement (Attachment 3). Thereafter, the Developer has 30
days to obtain all necessary signatures, execute the Subdivision Improvement Agreement,
and submit securities for the on -site improvements. If these activities are not completed
within 30 days, the map will be rescheduled for Council consideration only after all items
are complete.
ALTERNATIVES
The Council could deny conditional approval and require the Developer to complete all
items; however, this would unnecessarily burden the Developer and delay the project,
therefore is not recommended.
Prepared by: Bryan McKinney, P.E., Principal Engineer
Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer
Attachments: 1. Vicinity Map
2. Parcel Map 36856
3. Subdivision Improvement Agreement
59
RESOLUTION NO. 2016 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, GRANTING CONDITIONAL
APPROVAL OF FINAL PARCEL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT ASSOCIATED WITH PARCEL
MAP NO. 36856 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 a map for consideration of approval when the requisite items
necessary for a 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 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 City staff within a reasonable period of time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The Final Parcel Map 36856 is conditionally approved provided the
subdivider submits all required item(s) on or before May 5, 2016.
SECTION 2. The City Council's approval of the Final Parcel 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 requirement and any other requirements not
expressly described here to the City Engineer's satisfaction:
61
Resolution No. 2016-
Parcel Map No. 36856
Adopted: April 5, 2016
Page 2 of 2
A. Finalize the final parcel map and obtain all necessary signatures
B. Provide executed Subdivision Improvement Agreement
C. Submit securities for on -site improvements
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
May 5, 2016. If the subdivider has not satisfied the requirements in Section 3, herein,
by the expiration deadline, the Final Parcel 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 5th day of April 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
M
ATTACHMENT 1
PARCEL MAP NO. 36856
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AVE. 53
AVE. 54
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AIRPORT BLVD.
VICINITY MAP
NOT TO SCALE
63
ATTACHMENT 2
N THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
RECORDER'S STATEMENT:
FILEDTHIS_ DAY OF AT
PARCEL MAP NO. 36856
.M. IN BOOK OF PARCEL MAPS.
AT THE REQUEST
OF THE CITY OF LA QUINTA.
BEING A SUBDIVISION OF LOT 88 OF TRACT NO. 33076-2, AS SHOWN BY MAP FILED IN BOOK 393, PAGES 61 NO
THROUGH
80, OF MAPS, AND A PORTION OF LETTERED LOT "P" OF TRACT NO. 33076-1, AS SHOWN
BY MAP FILED FEE:
IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
RIVERSIDE PETER ALDANA
COUNTY, CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN COUNTY ASSESSOR -CLERK -RECORDER
BY:
RALPH W. GUIDA, IV L.S. 7076
DEPUTY
DATE OF SURVEY: OCTOBER, 2015
SUBDIMSav GUARANTEE: FIDE11TY NATIONAL TTLE COMPANY
OWNERS STATEMENT
NOTARY ACKNOWLEDGMENT
SURVEYOR'S STATEMENT
I HEREBY STATE THAT/ AM THE OWNER OF, OR HAVE SOME RIGHT, TITLE OR /N TEREST
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
I HEREBY STATE THAT/ AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA
IN AND TO THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT/ AM
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS
AND THAT THIS MAP CONSISTING OF TWO (2) SHEETS CORRECTLY REPRESENTS A
THE ONLY PERSON WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID
ATTACHEDAND N07 THE TRUTHFULNESSACCURACY, OR VALIDITY OF THAT DOCUMENT
SURVEY MADE UNDER MY SUPERVISION AT THE REQUEST OF EAST OF MADISON, LLC,
LAND, THAT I CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS
, ,
DURING OCTOBER OF 2015, THAT ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AND
SHOWN WITHIN THE DISTINCTIVE BORDER LINE
STATE OF CALIFORNIA
THEIR POSITIONS ARE CORRECTLY SHOWN, OR WILL BE SET WITHIN ONE YEAR OF MAP
RECORDATION. THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE
EAST OF MADISON, LLC, A DELAWARE LIMITED LIABILITY COMPANY
SS
RETRACED. THE SURVEY lS TRUE AND COMPLETE AS SHOWN. THIS MAP COMPLIES WITH
COUNTY OF
THE CONDITIONALLY APPROVED TENTATIVE PARCEL MAP
BY: DATED: 2016
BRIAN J ELLIS — PRESIDENT AND CHIEF OPERATING OFFICER
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS
DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THIS MAP FOR UNPAID
STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED
AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A
LIEN BUT NOT YET PAYABLE WHICH ARE ESTIMATED TO BE $
DATED , 2016
DON KENT,
COUNTY TAX COLLECTOR BY DEPUTY
TAX BOND CERTIFICATE
l HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND
FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA.
CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR
LOCAL AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR
SPEC/AL ASSESSMENTS COLLECTED AS TAXES WHICH AT THE TIME OF FILING OF THIS
MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET
PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF
SUPERVISORS
DATED . 2016
KECIA HARPER —THEM
CLERK TO THE BOARD OF SUPERVISORS BY DEPUTY
CASH TAX BOND
DON KENT
COUNTY TAX COLLECTOR BY DEPUTY
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE
FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED:
UNITED STATES OF AMERICA, HOLDER OF WATER RIGHTS RECORDED JULY 31, 1905 IN
BOOK 3, PAGE 228, APRIL 1, 1912 IN BOOK 6, PAGE 172; FEBRUARY 16, 1917 IN
BOOK 7, PAGE 225, AND FEBRUARY 21, 7917 IN BOOK 7, PAGE 225, ALL OF PATENTS
IMPERIAL IRRIGATION DISTRICT, HOLDER OF AN EASEMENT FOR PUBLIC UTILITY
PURPOSES PER TRACT NO. 55076-2 FILED 11129105 IN BOOK 393, PAGES 61-8N OF
MAPS
GENERAL TELEPHONE COMPANY OF CALIFORNIA, HOLDER OF AN EASEMENT FOR PUBLIC
UTILITY PURPOSES PER DOCUMENT RECORDED JANUARY 21, 1982 AS INSTRUMENT NO.
12273, OF OFFICIAL RECORDS.
ON , BEFORE ME, A NOTARY
PUBLIC, PERSONALLY APPEARED
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 CAPACITHHES),
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:
SIGNATURE
NOTARY PUBLIC IN AND FOR SAID STATE
(NAME PRINTED)
MY PRINCIPAL PLACE OF BUSINESS IS
IN COUNTY
MY COMMISSION N0,
MY COMMISSION EXPIRES:
Ap ryP� LANp U
313116 a q
Ralpuh W. 1
RALPH W. GUIDA, IV 77.7076 * Guid Iv
it
2
sF OF CAl\E�`t
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 36856
CONSISTING OF TWO (2) SHEETS AND / AM SATISFIED THAT SAID MAP IS TECHNICALLY
CORRECT.
DATED , 2016
ERIC A. NELSON, P.L.S. 5563, EXP. 9—JO-77
ACTING CITY SURVEYOR
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP NO. 36856
CONSISTING OF TWO (2) SHEETS THAT THE SUBDIVISION SHOWN HEREON IS
SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY
APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION MAP
ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE
TENTATIVE MAP HAVE BEEN COMPLIED WITH.
DATED , 2016
TIMOTHY R. JONASSON, R.CE 45843, EXP. 12-31-16
CITY ENGINEER, CITY OF LA QUINTA
CITY CLERK'S STATEMENT
L SUSAN MAYSELS, CITY CLERK AND EX—OFFICAO CLERK OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT A
REGULAR MEETING HELD ON THE DAY OF , 2076, APPROVED
SAID MAP OF PARCEL MAP NO. 36856.
DATED , 2016
SUSAN MA YSELA
CITY CLERK AND EX—OFFCCAO CLERK OF THE
CITY COUNCIL OF THE CITY OF LA GUINEA
SHEET i OF 2 SHEETS
65
NiQHWAY TI1
o
AVE. 50
AVE N 52
LL
AVE. 54
SITE
VICINITY MAP
NO SCALE
LEGEND
FOUND MONUMENT AS NOTED IN MONUMENT OESCRIPTYONS,
HEREON, UNLESS OTHERWISE NOTED.
SET MONUMENT AS NOTED IN MONUMENT DESCRIPTIONS,
HEREON, UNLESS OTHERWISE NOT£0.
() INDICATES MEASURED AND RECORD PER TRACT NO 33075-2,
M.B. 393/61-80
PRO, POINT OF REVERSE CURVE
RAD RADIAL BEARING
BASIS OF BEARINGS
BEARINGS HEREON ARE BASED ON THE CENTERLINE OF TREMONT WAY
BEING N 00'5651" E AE SHOWN ON A MAP OF TRACT NO. 33076-2,
MB 393/61-80
EASEMENT DESCRIPTIONS
Oi INDICATE5 12.00 FOOT WE PRIVATE EASEMENT RESER UED TO THE
OWNERS FOR LANDSCAPE AND DRAINAGE PURPOSES PER TRACT NO.
35076-2, MR 393/61-80
O2 INDICATES 22. 00 FOOT WIDE EASEMENT TO THE CITY OF LA QUINTA FOR
PUBLIC UTILITY PURPOSES PER TRACT NO. —6-2, M.B. 393/61-80
O3 INDICATES 22. 00 FOOT WIDE EASEMENT TO THE IMPERIAL IRRIGATION
DISTRICT FOR PUBLIC UTILITY PURPOSES PER TRACT NO. 330]6-2,
M.B. 393/61-80
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL MAP NO. 36856
BEING A SUBDIVISION OF LOT 88 OF TRACT NO. 33076-2, AS SHOWN BY MAP FILED IN BOOK 393, PAGES 61
THROUGH 80, OF MAPS, AND A PORTION OF LETTERED LOT
"P" OF TRACT NO. 33076-1, AS SHOWN BY MAP FILED
IN BOOK 388, PAGES 57 THROUGH 79, OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN
RALPH W. GUIDA,
IV L.S. 7076
DATE OF SURVEY:
OCTOBER, 2015 /
aAOQz�3se f I /
PAS 1,
95 N a
Y�'
%/
MONUMENT DESCRIPTIONS
OFOUND 1" IRON PIPE AND TAG STAMPED "LS E55Y' PER TRACT NO 33076-2.
a
MB 393/61-80, FLUSH, ACCEPTEDTEDAS CORNER
PO FOUND LEAD AND TAG STAMPED "LS ]55]" AT TOO FOOT OFFSET FROM
96 / / J / `
REMAINDER PARCEL
FRONT LOT CORNER IN TOP OF CURB ON SIDE LINE PROJECTED PER
CERTIFICATE OF CORRECTION RECORDED MAY 04, 2D10 AS INSTRUMENT
/ / 6 /
LOT P
NO. 2010-0204536, OFFICIAL RECORDS
.,6/ / /2 Pj
TRACT NO. 33076-1
STAMPED OFFSET FROM"j
O
'LS 7557 AT 1.00 TFROM
OCORNERAND AIN
O // /
M.B. / 57-79
FRONT LOT TOP OFCURB PROJECTED RADIALCENTERLINE
PER CERTIFICATE OF CORRECTION RECORDED MAY 04. 2070 AS INSTRUMENT
_
\ // / /4. "
GOLF COURSE
OLF SE
NO. 2010-0204536, OFFICIAL RECORDS.
�2 ,
\
O4 FOUND 1" IRON PIPE AND TAG STAMPED ]55]" PER TRACT NO. 330]6-2,
MB. 393/61-80, FLUSH, ACCEPTED AS CENEN TERLINE OF FREMONT WAY.
//
_\Q� \ / KE
22
5O SET I" IRON PIPE AND TAG STAMPED "LS 7076", FLUSH.
\ \ // / / ya 1 5
O6 SET LEAD AND TAG STAMPED "LS 7076", FLUSH, IN TOP OF CURB ON SIDE
LINE PROJECTED
0
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98
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LOT
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pc2a 2 3 8,S7 ACRES
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22' WIUE
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PARCEL 2 \
/\ 29,257 SQ.FT.
n
oh
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0.672 ACRES
I
z I
j REMAINDER PARCEL
�� \
I LOT P
Z)= TRACT N0. 33076-1
iz M.B. 388 / 57-79
I
m I GOLF COURSE
\ // 14j 79
\65 W`j3
65 BC N 2}
THE AREA ENCOMPASSING ALL PARCELS FOR THIS MAP (PARCEL MAP NO. 36856)
IS 1.330 ACRES. THIS MAP IS COMPRISED OF 2 NUMBERED PARCELS.
SHEET 2 OF 2 SHEETS