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HomeMy WebLinkAboutRelease - T36404 - G.Zehnder - WL Palm Desert Property LLC STAFF REPORT vt CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 26, 2018 PREPARED BY: Christina Canales, Assistant Engineer REQUEST: Release bonds for Bella Villagio in the amount of $123,795 for grading, and $309,982.50 for offsite improvements; Accept a maintenance bond in the amount of$20,665. TR 36404, Lot 4, 622- 360-004. Recommendation By Minute Motion: 1. Release bonds for Bella Villagio in the amount of$123,795 for grading, and $309,982.50 for offsite improvements; and 2. Accept a maintenance bond in the amount of $20,665. Strategic Plan This action has no impact on the Strategic Plan. Background Analysis The subject property is located at the southwest corner of Country Club Drive and Portola Avenue. At the time of grading permit issuance, bonds for grading and off-site improvements were submitted to the Public Works Department. The grading bond was in the amount of $123,795 for Faithful Performance. The bonds for off-site improvements, including the construction of a landscaped median on Portola Avenue, were in the amount of $206,655 for Faithful Performance and $103,327.50 for Labor and Materials. Grading and offsite improvements, including the construction of a landscaped median, for this project are complete. The applicant has submitted a Maintenance Bond in the amount of $20,665, which is 10 percent of the Faithful Performance Bond, for off-site improvements, to be held for one year as required by the Municipal Code. Staff recommends that the City Council authorize the release of the grading and off-site improvement bonds and the acceptance of the maintenance bond. April 26, 2018 — Staff Report Release bonds for Bella Villagio in the amount of $123,795 for grading, and $309,982.50 for offsite improvements; Accept a maintenance bond in the amount of $20,665. TR 36404, Lot 4, 622-360-004. Page 2 of 2 Fiscal Analysis It is the responsibility of WL Palm Desert Property, LLC to maintain the landscaped median on Portola Avenue. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A . b4(t," 1 imot o asson, P.E. Robert W. Hargreaves- Indepen n terim Janet Moore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager APPLICANT: WL Palm Desert Property, LLC do Greyson Zehnder 5796 Armada Dr., #300 Carlsbad, California 92008 ATTACHMENTS: Grading Bond Off-site Improvements Bonds Vicinity Map Maintenance Bond CITY OF PALM DESERT STANDARD FORM GRADING FAITHFUL PERFORMANCE BOND DESCRIPTION OF PROPERTY: Bella VIlagglo—Tract 36404,Lot 4 NAME OF GRADER: v&Palm Desert Property,LLC NAME OF SURETY: Surerec Insurance Company EFFECTIVE DATE: September 13,2016 AMOUNT OF BOND: S123,795.00 BOND NUMBER: 4403375 PREMIUM:$2,976.00 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 5 above, for the faithful performance of that certain GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property named on Line 1 above, as required by the provision of the 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 GRADING ONLY AGREEMENT between PRINCIPAL and CITY regarding the property 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 GRADING ONLY AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the GRADING ONLY 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 GRADING ONLY 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. INCIPAL'S SIGNATURE PRINCIPAL'S SIGNATURE John Rimbach,Manager PRINT NAME PRINT NAME WI.Palm Desert Property,LLC TITLE &COMPANY NAME TITLE&COMPANY NAME SURETY'S SI AT R • SUR S SIGN David Harris Attorney-in-Fact APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) POA N: 510013-Walnut Creek SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Prerartr, 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 Worden,Heather Pate,Julia Pitta 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. Five Million and 00/100 Dollars(S5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,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 shall continue in force until 1 31/2015 and 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 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 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,recognizanccs,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 20"of April 1999.) In HItness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. SURETEC INSURANCE COMPANY SQRANc ' wu u+_4 ; By' +� State of Texas ss: ? Ar11. ° John '?ox Jr resident County of Harris a On this 21st day of March,A.D.2013 before me personally came John Knox Ir.,to me!mown,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that be is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal 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 hike order. r0fb UELYN MAIMONA ublic Comm.E .SOa/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 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 r`Gl LI,`�s ,A.D. Bre.t Beaty,Assistant retary Any Instrument issued In excess of the penalty related above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0500 any business day between 8:00 am and 5:00 pm CST. 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 Contra Costa ) On 9/13/2016 before me, Julia Pitta, a Notary Public (insert name and title of the officer) personally appeared David Harris 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. JUIIA PITTA WITNESS my hand and official seal. � `Y Commission*2096177 <■ _:%. ''! Notary Public-California z ` zf� Contra Costa County ___ My Comm Expires feb 4.2019 Signatur I r 0(C� (Seal) s 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 San Diego ) on September 14, 2016 before me, Karen L. Falette, Notary Public (insert name and title of the officer) personally appeared John Rimbach 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 helsiwilmay executed the same in his/fir authorized capacity(ies), and that by his/lwrlilaeit 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. KAREN L.FALETTE 2021105 WITNESS my hand and official seal. •i Nottairyission Public;California ri f Sin Oligo County rr: Comm.Ez�re:titi�1 J017 Signature 42. (Seal) CITY OF PALM DESERT STANDARD FORM SUBDIVISION PAYMENT BOND (LABOR & MATERIALS) NAME OF SUBDIVISION: Bella viNagglo NAME OF SUBDIVIDER: WL Palm Desert Property,LLC NAME OF SURETY: SureTec Insurance Company EFFECTIVE DATE: September 13,2016 AMOUNT OF BOND: $103,327.50 BOND NUMBER: 4403376 PREMIUM: shown on 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 SUBDIVISION 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 a SUBDIVISION 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 subdivision named on Line 1 of Page 1 hereof, which said SUBDIVISION 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 attomey'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 the Subdivision Map Act; and all 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 mentioned on Line 4 of Page 1 hereof. &__7,_____-- RINCIPAL S SIGNATURE PRINCIPAL'S SIGNATURE John Rknbach,Manager PRINT NAME PRINT NAME WL Palm Desert Property,LLC TITLE&COMPANY NAME TITLE&COMPANY NAME SureTec Insurance Corn. n SURE S SIG RR/ SUR 'S SI NAT r E ' vid Harris Attorney-In•Fa ct (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) POA N: 510013-Walnut Creek SureTec Insurance Company LIMITED POWER OF ATTORNEY know A11 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the Iaws 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 Worden,Heather Pate,Julia Pitta 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. Five Million and 00/100 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 President,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 shall continue in force until 10/31/2016 and 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 Attorneys)-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,recognizances,contracts,agreements or indemnity end 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 tt 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 muting held on 20*of Apra 1999.) • In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. %)aA SURETEC INSURANCE COMPANY if; ` ; By: u, �w John ox Jr. resident State of Texas ss: tTn 1� t County of Harris e On this 21 st day of March,A.D.2013 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 President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal 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 be signed his name thereto by like order. JACpUELYN MAt.DONADO Pubic State of Taw My Comm.bo.511 two tr Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 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. l ')IL ,A.D. Given nuttier my hand and the seal of said Company at Houston,Texas this-1±—day of L1,Ml11 i'i 1I /,/j� Br •t Beaty,Assistant cretary Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 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 Contra Costa On 9/13/2016 before me, Julia Pitta, a Notary Public (insert name and title of the officer) personally appeared David Harris 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. JULIA PITTA WITNESS my hand and official seal. Commission#2096177 Notary Public-California z e� ''. Contra Costa County 3_ 4°' My Comm.EXrires Feb 4,2019 i Signature 04, I I ( i (Seal) 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 San Diego ) On September 14, 2016 before me, Karen L. Falette, Notary Public (insert name and title of the officer) personally appeared John Rimbach who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/see subscribed to the within instrument and acknowledged to me that he/sheltf+ey executed the same in his/ttw their authorized capacity(ies), and that by his/heflOvair 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. KAREN I.FALETTE lOsr.` Commission$2021105 WITNESS my hand and official seal. ; Notary Public-Catifomla `f'.4) San Diego County Comm.Ex ras Ma 1.2011 Signature t�i4 �fi (Seal) CITY OF PALM DESERT STANDARD FORM SUBDIVISION FAITHFUL PERFORMANCE BOND NAME OF SUBDIVISION: Bella vffaoglo NAME OF SUBDIVIDER: wL Palm Desert Property,LLC NAME OF SURETY: SureTec Inaurice Company EFFECTIVE DATE: septerrber 13 2016 AMOUNT OF BOND:5206,655.00 BOND NUMBER: 4403376 PREMIUM: $4.633.00 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 SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the provision 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 SUBDIVISION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision 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 SUBDIVISION IMPROVEMENT AGREEMENT, then the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the SUBDIVISION 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 SUBDIVISION 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. J — P NCIPAL'S SIGNATURE John Rimbaeh,Manager PRINT NAME WL Palm Desert Property.LLC TITLE&COMPANY NAME PRINCIPAL'S SIGNATURE PRINT NAME TITLE &COMPANY NAME SureTec Insurance SURETY'S SIGNATUR SURE SS N UR David Harris Nttomeydn-Fad (Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.) POA A: 510013-Walnut Creek SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All 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 Worden,Heather Pate,Julia Pitta 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. Ave Million and 00/100 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 President;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 shall continue in force until 10131/2016 and 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 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 Attorneys)-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,recognizances,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 tt 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 20"'of April 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. SURETEC INSURANCE COMPANY sosANce Fvl —�4 % By: +� W wA John 'Tox Jr. 'resident State of Texas ss: ;�\ � County of Harris Oa this 21st day of March,A.D.2013 before me personally came John Knox Jr.,tome bows,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above Monument;that he knows the seal of said Company,that the seal 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 be signed his name thereto by like order. „e rACQUELYN MALDONADO \ f , Stme d PubicTexas • State a ` My Comm Erp.511aR017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 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 SuII force and effec0 and furthermare,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 Ceinpshy itt Houston,Texas this tlir‘ day of A S 1Q ,AD. a /if/K Br,.t Beaty,Assistant ecretary Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)612-0600 any business day between 5:00 am and 6:00 pm CST. 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 Contra Costa ) On 9/13/2016 before me, Julia Pitta, a Notary Public (insert name and title of the officer) personally appeared David Harris , 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. JULIA PITTA WITNESS my hand and official seal. sf Commission*2096177 z < +.-1� Notary Public-California z z kca✓ Contra Costa County °°' M Comm.Expires Feb 4,2019 Signature �Q � (Seal) 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 San Diego On September 14, 2016 before me, Karen L. Falette, Notary Public (insert name and title of the officer) personally appeared John Rimbach who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/aw subscribed to the within instrument and acknowledged to me that he/eiwilkiy executed the same In his/heAl eir authorized capacity(ies), and that by his/we ftiieir 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. KAREN L.FALETTE WITNESS my hand and official seal. .1 Commission Puron�►2Q211Q5 •� . ,� Notary Public•California i.p San Diego County � M1 Comm.Exera Mw 1401 Signature U\ A (Seal) .rie . TR 36404 BELLA VILLAGIO ,�, OAK[SPRIINGS-00 E 1 C-1) .11 ' (( CC ..004 "lbe,_ Igi)• (CD TTc / C 0 i i CtILINT-RY-CL-UB-ORI VE C\—, r -'\ T i 67 crui-E- :II ______.# 49 67 -fratv . le 10 !A-SAN-MARTINO \i EE, oil ... 'R&i.7, w LA-PAZ-DRIVE I LI ?. ETET1 1011111 QC Zi V� -----\__ ;V I Dm • • ] W. p '- II/ li 1 aq 0 1 7E1_44 Lilik 1 0 Legend 1:2,430 — Circulation Network — Streets olia D City Boundary 0 Parcels(01/2018) Notes MAINTENANCE BOND Bond No.4403376-M Premium: Included in Cost of Performance Bond. KNOW ALL MEN BY THESE 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— ($ 20,665.00 )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 Villaggio ,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 anu 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 , 2018 ,in the City of Irvine County of Orange , State of California WL Palm Desert Property, LLC ureTec Insurance Com an By: Attorney-in-Fact Address1330 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 iQ, ru s - /8 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/she/they executed the same in his/her e4 authorized capacity(ies), and that by his/her/thei-F 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 RIOLA Commission*2138186 WITNESS my hand and official seal. i y ;=% ?I Notary Public•California = z `` -PT/ Orsngs County M%Comm.E4 ru Jan 18.2020 4 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 w,cca,c, - , c ,cccc,�r�r ,e e , cv , r �r - 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 y� ) County of -5i N b J c 0 ) On 01//Oq//8 before me, �/Y1 f1't f `J 1/it /L l/d /-4'le y t'v -4 D to Here Insert Name and Title of the Officer personally appeared , d H Al k/ f g/l e l-I Name(s)-of Signer* who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheHhey executed the same in his/keeztheif authorized capacity(iee), and that by his/bse eir 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. TAMMY J. HICKS WITNESS my hand and official seal. COMM.#2194310 3, ,�.•_NOTARY PUBLIC •CALIFORNW 1 ,44 `• � SAN DIEGO COUNTY Signature „,N Commission Expires April 28,2021 .,N,, W,N:.Y Mw. Signature ofiN tary 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: mfrik-irAJA-keTi i O N b Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: i-I Corporate Officer — Title(s): I I Corporate Officer — Title(s): ! : Partner — f•i Limited General Partner — - Limited I_-I General Individual I Attorney in Fact Individual __'Attorney in Fact I.Trustee _1 Guardian or Conservator _-Trustee Guardian or Conservator Other: I, Other: Signer Is Representing: _ Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 a 4 pOA#; 510013-Walnut Creek SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All 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 Worden, 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 00/100 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 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 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,recognizances,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 20th 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. Mu SURETEC INSU PANY SVFW. o; X'y \921. By: ti w`4110' at John Kno .,CE iz State of Texas ss: 7'•. 1 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 seal 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. .•,",,,,, ;nC Y li,c=1N G � HFENI-FAF r i , No,;ll•i'�1.!),,c,:,T1'`!0' IQXAS ' :.— i;onvn F*uire . ,5-18-2021 '';;,;;,1'�,` NQltiry ii, 1?6(13o29 Jacq elyn Greenleaf,Notary Public — - My commission expires May 18,2021 1,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 tiz , A.D.P. Bren Beaty,A tstant S tary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST.