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Home My WebLink AboutRelease - TR36404 Bella VillagioSTAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 25, 2019 PREPARED BY: Christina Canales, Engineering Assistant REQUEST: Release Maintenance Bond No. 4403376-M for Bella Villagio in the amount of $20,665.00. Recommendation By Minute Motion, release maintenance bond for Bella Villagio in the amount of $20,665.00 Strategic Plan This action has no impact on the Strategic Plan. Background Analvsis Bella Villaggio is located at the southwest corner of Country Club Drive and Portola Avenue. Faithful Performance and Labor and Materials bonds were originally posted at the time of permit issuance. City Council approved the release of those bonds and the acceptance of a one-year maintenance bond in the amount of $20,665.00 on April 26, 2018. Staff recently re -inspected this project to insure that all improvements remain as they were originally accepted in 2018. The one-year maintenance period is now complete and therefore, staff recommends that City Council authorize the release of the maintenance obligation. Fiscal Analvsis There is no fiscal impact associated with this action. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A Ir Robert W. Hargreaves Tom Garcia, P.E. 'Ja let Moore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager April 25, 2019 — Staff Report Release Maintenance Bond No. 4403376-M for Bella Villagio Page 2 of 2 APPLICANT: WL Palm Desert Property, LLC c/o Greyson Zehnder 5796 Armada Dr., #300 Carlsbad, California 92008 ATTACHMENTS: Maintenance Bond Vicinity Map MA]NTENANCE BOND Bond No. 4403376-M Premium: Included in Cost of Performance Bond, KNOW ALL MEN BY T ME PRESENTS: That we WL Palm Desert Property, LLC , hereinafter called "Principal", and SureTec Insurance Company , hereinafter called "Surety", are held and firmly bound unto City of Palm Desert , hereinafter called "Obligee", in the sum of Twenty Thousand Six Hundred Sixty Five and NO/100 ($ 20,565.00 ) DOLLARS, for the payment of which, well and truly t be made, the said Principal and Surety bind themselves, jointly, severally, and firmly by these presents together with their heirs, executors, administrators, successors, and assigns. The condition of this obligation is such that whereas, the said Principal has entered into a certain Agreement with the Obligee dated September 14, 2016 , for the construction and the installation of certain improvements in a plat known as Bella Villaaaio , the condition of said Agreement being made a part hereof; wherein Principal agrees to repair, maintain and remedy certain improvements for a period of 1 year(s) following the date of Obligee's acceptance. NOW, THEREFORE, if the Principal shall maintain am remedy said work free from defects in materials and workmanship for a period of 1 year(s) following the date on which the Obligee formally accepts conveys such work described herein, then this obligation shall be void; otherwise, it shall remain in full force and effect. IN WITNESS WHEREOF, this Maintenance Bond is executed on the 5th day of April 2M , in the City of Irvine County of orange , State of California WL Palm Desert Property, LLC ureTec Insurance Company By: - Attomey-in-Fact AddMsJ330 Post Oak Blvd. Suite 1100, Houston, TX 77056 713-812-0800 Surety Phone No. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange ) On /�i�.ess -sue Za.,B before me, Chatdao Riola (insert name and title of the officer) personally appeared Renato F Reyes 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/shattbey executed the same in his/herAheiF authorized capacity(ies), and that by hisA;eg#t& 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. CHATDAO R10LA Commission 12138186 WITNESS my hand and official seal. i • Notary PubNo - CalNornlo z Ow" County 1 MY Gomm, Expires Jon 18. 2020 Signature (Seal) 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 Califomia ) County of sSA AJ On before me, ✓ i1't IILCK' i . A/d %ale % /0l%&JC. Here Insert Name and title of the Officer personally appeared R! ! MA q C g Names} -of Signer(* who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is1we subscribed to the within instrument and acknowledged to me that he/a4eAtrey executed the same in hisAwfAheif authorized capacity(iee}, and that by hislbw4Mir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TAMMY J. HICKS M COMM. #2M310 9S i. NOTARY PUBLIC • CALFORNIA F SAN DIEco cOlx�m Comnssion Expres April 26, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � Signature of tary Public 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: t'Y1 AJ OILAI &A)_ F" Rl)1 b Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ih.SrMY.vupA WMI. .Na..., ..,.1•,N:,at:_.'_1.;,, _-'_%,act.Se..,...f..:*%,U-V'A:s..:, ' 02016 National Notary Association - www,NationalNotary.org - 1.800-US NOTARY (1-800-876-6827) Item #5907 A POA a: 510013-Walnut Creek SureTec Insurance Company LEMTED POWER OF ATTORNEY Know Alf Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint David Harris, Stephanie Women, Heather Pate, Renato F. Reyes its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 001100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Via -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 Attomey(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 of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizences, contracts, agreements or indemnity and other conditional or obligatory undertakings 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. (Adopted at a meeting held on 2(70 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this day of A.D. /% JUKL1Ll. L\JV �AI\i SVT1ANpF u,0/ 9 ' O; By: W } A. John Kno ., CE State of Texas ss County of Harris -' On this day of , A.D. before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. .IAC00El.YN GTiEENLEA ;F,: Nutery Public, Stole of Texas Comrn Expires05-18-2021 Notary 1D 12690302.9 '- M� Jacq lyn Greenleaf, Notary Public My commission expires May 19, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of 1P IWL. , A.D. . Brea Beaty, 1A96dint ry Any Instrument issued in excess of the penalty stated above Is totally void and without any vallcilty. For vadfleatlon of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. TR 36404 - f : OUNITRY-ft-US-oRiV■ Legend Circulation Network Q City Boundary L� CD v r Streets ❑ Parcels (0112018) 1: 2,430 Notes