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HomeMy WebLinkAbout09 Release Bonds - La Quinta Brewing Co. - 74714 Technology DriveMEETING DATE: PREPARED BY: REQUEST: STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT June 10, 2021 Christina Canales, Land Development Technician Accept off -site improvements, release the Faithful Performance and the Labor and Materials Bonds, and accept a Maintenance Bond for the La Quinta Brewing Company. Recommendation By Minute Motion: 1. Accept off -site improvements. 2. Release the Faithful Performance Bond in the amount of $28,828.80 and Labor and Materials Bond in the amount of $14,414.40. 3. Accept the Maintenance Bond in the amount of $2,882.00. Strategic Plan This action has no impact on the Strategic Plan. Background Analysis The La Quinta Brewing Company is located at 74714 Technology Drive. This project was approved at Planning Commission on November 5, 2019. As part of the approval of their project, the La Quinta Brewing Company was conditioned to install curb, gutter, sidewalk, and commercial driveways at their site. Bonds in the amount of $28,828.80 for Faithful Performance and $14,414.40 for Labor and Materials were submitted at the time of grading permit issuance for these improvements. All construction is complete and the Public Works inspector has inspected and approved the off -site improvements. Per City Ordinance, the City is required to hold a 10% Maintenance Bond for one year after completion of improvements. The La Quinta Brewing Company has submitted a Maintenance Bond in the amount of $2,882.00. Staff recommends that the City Council authorize the acceptance of off -site improvements, the release of the Faithful Performance and Labor and Material Bonds, and the acceptance of the Maintenance Bond. June 10, 2021 - Staff Report La Quinta Brewing Company Improvements and Bonds Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW N/A Robert W. Hargreaves City Attorney E,ve 4,4 Eric Ceja, Interim Director of Development Services City Manager L. Todd Hileman: L. Todd I-K,Levu,avt, FINANCIAL REVIEW ASSISTANT CITY MANAGER C�an� yr/ wjvvu Andy Firestine Janet M. Moore Andy Firestine Director of Finance Assistant City Manager APPLICANT: La Quinta Brewing Company Attention: Scott Stokes 77917 Wildcat Drive Palm Desert, CA 92211 ATTACHMENTS: Vicinity Map Bonds CITY COUNCIL ACJr1ON APPROVED VV DENIED RECEIVED OTHER MEETING DATE (c.!l C? ' ' '.4 I,eII AYES:440u'hiK n f 1i1/NPSkt l(el(ditin-ru1►�1�1. NOES: NOY\(1 ABSENT: ABSTAIN: 'Ii511P VERIFIED BY: 1V1 ElsS / s Original on File with City Clerk's Office x LA QUINTA BREWING COMPANY LOCATION aztaAL -FORD- DRIVE I tg LN ❑l\ / 00 0 Legend — Circulation Network City Boundary — Streets ❑ Parcels (10/2020) 1:4,522 Notes [This page has intentionally been left blank.] CITY OF PALM DESERT STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: La Quinta Brewing Co. NAME OF DEVELOPER: La Quinta Brewing Company, LLC NAME OF SURETY: American Contractors Indemnity Company EFFECTIVE DATE: January 27th, 2020 Twenty Eight Thousand Eight Hundred Twenty Eight and AMOUNT OF BOND: 80/100 Dollars ($28.828.80) BOND NUMBER: 100481454 PREMIUM: $577.00/Year KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 above, without regard to gender and number, hereinafter referred to as PRINCIPAL, and the corporation named on Line 3 above, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound unto the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 6 above, for the faithful performance of that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provisions of the Subdivision Map Act and CITY ordinances, resolutions, rules, and regulations, for the payment of which sums well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that if the said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the development named on Line 1 of Page 1 hereof, which said agreement is by this reference incorporated herein, on its part to be kept and performed, in a manner and form therein specified, and shall furnish material in compliance with the specifications and perform all that certain work and improvement in said CITY which is more particularly described in said IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to remain in full force and effect. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enforce this bond, SURETY shall pay CITY'S reasonable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed this instrument on the date mentioned on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE Scott C. Stokes PRINT NAME Manager, La Quinta Brewing Company, LLC TITLE & COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE & COMPANY NAME American Contractors Indemnity Company SURETY'S NATURE Freddy Anvari, Attorney -in -Fact NAME & TITLE (Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } ss. County of KIJe_rSic e } On 3p tit`A %- 4 , 20 2 , before me, (ir s4& 1 Q0d t- , a Notary Public, pe sonally appeared 5co-}-- c o , who proved to me on the basis of satisfactory evidence to be the person(8) whose amen afe subscribed to the within instrument and acknowledged to me that h skie/they executed the same ine�ir authorized capacity{gesi, and that by i h.eN##eir signature -on the instrument the person,, or the entity upon behalf of which the person -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. �+ CRYSTAL #2162609 RODGERS 7r Notary Public -California Di* Riverside County My Commission Expires e." September 10, 2020 i'= CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 01la.-7/0._0 XL, Date personally appeared before me, ) ) Ted Lee , Notary Public , Here Insert Name and Title of the Officer Freddy Anvari 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) 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. TED LEE Notary Public.. California , Orange County Commisstort N 2223350 My Comm Elves Nc v 25. 2021 WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bond H /UU S1 y5L1 Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: Freddy Anvari LT Corporate Officer — Title(s): ❑ Partner — I 1 Limited 11 General 0 Individual 11 Attorney in Fact Ii Trustee n Guardian or Conservator D Other. Signer Is Representing: AmezicAN ConiTAAcfat.S _ J Q i nnr . CDm qrr o-rslr.rW •* r• Document Date: Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual 0 Attorney In Fact ❑ Trustee ❑ Guardian or Conservator 0 Other Signer Is Representing: wwi.r:wfFrr. wmik.aw.w.ao d..waivrw.rw.f..ror.r..aMERIU.r rw.wrvr 'SRK ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1\11,4i TOKIO MARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, FREDDY ANVARI its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100481454 issued in the course of its business and to bind the Company thereby, in an amount not One hundred thousand and 00f100 f $100.000.00 to exceed )• This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 15' clay of September, 2011. Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Altorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF. American Contractors Indemnity President on this 1st day of June, 2018. ,,,,�,,s�,.„,,,,r, ``,4oa,1aacTORs.,,, u : INCORPORATED : y W .. SEPTSEP7.29. INW : a'. ' D '' ZC:4'. ,FORN\;� `` 3 State of California County of Los Angeles Company has caused its seal to be affixed hereto and executed by its By: AMERICAN CONT CTNDEMNITY COMPANY Adafn Pessin, President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of That document. On this 1 s1 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence 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. 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. IF Signature (seal) SOMA O. CARE W 5€fib rwunPalk •Cacra Les AahlnCava y t Car:rchU,,, t 7211,01 AN Coma. balm Ape 23, NU I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January Bond No. 100481454 Agency No. 6770 2020 Kio Lo. As X nt Secretary HCCSZZPOAAr '.? ,.2[ 15 CITY OF PALM DESERT STANDARD FORM PAYMENT BOND (LABOR & MATERIALS) NAME OF PROJECT: La Quinta Brewing Co. NAME OF DEVELOPER: La Quinta Brewing Company, LLC NAME OF SURETY: American Contractors Indemnity Company EFFECTIVE DATE: January 27th, 2020 Fourteen Thousand Four Hundred Fourteen and 40/100 AMOUNT OF BOND: Dollars ($14.414.40) BOND NUMBER: 100481454 PREMIUM: Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on Line 2 of Page 1 hereof without regard to gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of the United States Code to do business under Section 6 to 13 thereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unto and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used, in, upon, for or about the performance of the work contracted to be executed or performed under the terms of that certain IMPROVEMENT AGREEMENT hereinafter mentioned and all persons, companies or corporations renting or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by PRINCIPAL in the just and full sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION is such that whereas the above - bounden PRINCIPAL has entered into an IMPROVEMENT AGREEMENT with the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as CITY, for the construction of public improvements in the project named on Line 1 of Page 1 hereof, which said IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above -bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor, or subcontractors, fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work for labor, SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought on this bond, a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of all applicable CITY ordinances, resolutions, rules and regulations supplemental thereto; and all amendments thereto; and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRINCIPAL AND SURETY have executed this instrument the date menti on Line 4 of Page 1 hereof. PRINCIPAL'S SIGNATURE PRINCIPAL'S SIGNATURE Scott C. Stokes PRINT NAME PRINT NAME Manager, La Quinta Brewing Company, LLC TITLE & COMPANY NAME TITLE & COMPANY NAME American Contractors Indemnity Company StaRETY'S S1GNAT Freddy Anvari, Attorney -in -Fact NAME & TITLE (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of itZ'iversI R- On FeibriAanj , 20 , before me, ails4co Rad9,ers , a Notary Public, personally appeared �� ,,p+-+ S+oes who proved to me on the basis of satisfactory evidence to be the person(srj' whose me(,sy lj afe subscribed to the within instrument and acknowledged to me that fey executed the same in 1i her/their authorized capacity(] , and that by liereir signatures on the instrument the person}, or the entity upon behalf of which the persot)O(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 CRYSTAL RODGERS Comm. #2162609 7i Notary Public-Callfornla ,b Riverside County My Commission Expires September 10, 2020 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran e before me, Date personally appeared On o /7-7cO�7 Ted Lee , Notary Public Here Insert Name and Title of the Officer Freddy Anvari 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) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. TEDLEE Notary Public • California , Orange Canty Commission N 2223350 I My Comm Expires Nov 25, 2021 WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL. Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 1 Title or Type of Document: Bond 11 A ? tite511 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name: Freddy Anvari ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual Ix] Attorney in Fact El Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Nr1i/,r,/ C'2ArT.C4CTOP-S: 8miibiGerr.� .+.rr.,ew.we Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee f-1 Guardian or Conservator ❑ Other. Signer Is Representing: r�r�+„a..+l V y.+ w►rr•4w►4 r 4#w 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 • fF TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, FREDDY ANVAR1 its true and lawful Attorney -in -Fact, with full authority to execute on its behalf bond number 100481454 issued in the course of its business and to bind the Company thereby, in an amount not One hundred thousand and 00/100 ( $100.000.00 to exceed 1. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011. Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its President on this 151 day of June, 2018. o'''''"'f++a, :.1u j ~OFYY ti— A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which 1 This certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles = Fa IICOPPOPATEO 5EPT. 25. 1990 seal to be affixed hereto and executed by its AMERICAN CONT CTO S INDEMNITY COMPANY By i:v1 Ada S. Pessin, President On this 15' day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence 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. 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.. AI Signature (seal) Sahli O. URALIC Notary Patk • CaNvsa too 040n CaMr Crarr ssim 11111a'Y [ Pr Cann. b.PIMI II. 1011 f I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attomey nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of January Bond No. 100481454 Agency No. 6770 =u NCOAPORATED SEPT.25. L990 -c Kio Lo, 2020 nt Secretary H C CSZ TP O AACIC 0612018