HomeMy WebLinkAboutRelease Security T 36404 RCS-Villa Portofino 211 11-1-1.. 0
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: July 12, 2018
PREPARED BY: Christina Canales, Assistant Engineer C e-
REQUEST: Release a portion of the grading bonds for the Villa Portofino project in
the amount of $94,358.39 for Faithful Performance and $47,179.20
for Labor and Materials, bringing the amount held by the Public
Works Department to $80,379.36 for Faithful Performance and
$40,189.68 for Labor and Materials. Tract 36404, Lot 1.
Recommendation
By Minute Motion, release a portion of the grading bonds for the Villa Portofino
project in the amount of $94,358.39 for Faithful Performance and $47,179.20 for
Labor and Materials, bringing the amount held by the Public Works Department to
$80,379.36 for Faithful Performance and $40,189.68 for Labor and Materials.
Tract 36404, Lot 1.
Strategic Plan
This action has no impact on the Strategic Plan.
Background Analysis
The Villa Portofino project is a multi-phased, multi-use project located at the corner of
Country Club Drive and Portola Avenue. At the time of grading permit issuance the
applicant submitted a Faithful Performance Bond in the amount of $174,737.75 and a
Labor and Materials bond in the amount of$87,368.88 for onsite grading for Tract 36404,
Lot 1. The developer, RCS-Villa Portofino, LLC, has completed 54% of onsite grading at
this time. They have requested that the City Council reduce the bonds by the amount of
work completed. The reduction of the bonds by 54%, would make the Faithful
Performance bond $80,379.36 and the Labor and Materials bond $40,189.68.
Staff recommends that the City Council authorize the release of a portion of the grading
bonds for the Villa Portofino project in the amount of $94,358.39 for Faithful Performance
and $47,179.20 for Labor and Materials.
July 12, 2018 — Staff Report
Release a portion of the grading bonds for the Villa Portofino project, Tract 36404, Lot 1.
Page 2 of 2
Fiscal Analysis
There is no fiscal impact associated with this request.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
N/A I
Robert W. Hargreartes ymothyR/Jo sson, P.E.
City Attorney Independent Interim Janet Moore Lauri Aylaian
Director of Public Works Director of Finance City Manager
APPLICANT: RCS-Villa Portofino 211, LLC
371 Centennial Parkway, Ste. 200
Louisville, CO 80024
ATTACHMENTS: Bond K08965122
Vicinity Map
Site Plan of Improved Areas
CITY OF PALM DESERT
STANDARD FORM
FAITHFUL PERFORMANCE BOND
NAME OF DEVELOPMENT: Villa Portofino
NAME OF DEVELOPER: RCS-Villa Portofino 211, LLC
NAME OF SURETY: Westchester Fire Insurance Company
EFFECTIVE DATE: 5-23-14
AMOUNT OF BOND: $174,737.75
BOND NUMBER: K08965122
PREMIUM: $2,621 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 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.
RCS-Villa Po 211, LLC
,-4101 .52
CIPAL'S SIGN TORE
PRI NAME
a'kslrcrc vie-c.?irdi.A4 doer QC.5-Uaist.Fbr>D4'rDaktit..t'e—
TITLE & COMPANY NAME
PRINCIPAL'S SIGNATURE
PRINT NAME
TITLE &COMPANY NAME
Westchester Fire Insurance Company
SURETY'S SIGNATURE
i? `-e—(1.1-c -ar-f-
SURETY'S SIGNATURE
Jacqueline irk,Attorney-in-Fact
(Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must
be attached.
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On MAY 2 3 2014 before me, V.M.Camobell, Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared Jacqueline Kirk , who
proved to me on the basis of satisfactory evidence to be the person(s)whose names (s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/theiF authorized capacity(ies), and that by his/her/theiF 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.
�.,, d, rArlab«L
U 1910804 u;tr pub; - California WITNESS my hand and official seal.
z Ny , Z I
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Orange County I
My Comm UrY\ eExpires Nov 25,2014 el
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SIGNATU •F `OTARY
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
NUMBER OF PAGES
• ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
MAY 23 2014
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY(IES)
Westchester Fire Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE
CITY OF PALM DESERT
STANDARD FORM
PAYMENT BOND
(LABOR & MATERIALS)
NAME OF DEVELOPMENT: Villa Portofino
NAME OF DEVELOPER: RCS -Villa Portofino 211, LLC
NAME OF SURETY: Westchester Fire Insurance Company
EFFECTIVE DATE: 5-23-14
AMOUNT OF BOND: $87,368.88
BOND NUMBER: K08965122
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 mentioned on Line 4 of Page 1 hereof.
RCS-Villa P no 211, LLC
CIPAL'S SIGNA E PRINCIPAL'S SIGNATURE
PA'LtJ, \
PRI NAME PRINT NAME
A UtCt_Cidi:t L/tk
TITLE&COMPA r N TITLE &COMPANY NAME
�s-tlilllI�'IC�i 'r�l eta La--
Westchester Fire Insurance Company
SURETY'S SIGNATURE
2-0,4
SIGNATURE
Jacqueline Kirk,Attorney-in-Fact
(Notarial acknowledgement of execution by ALL PRINCIPALS and SURETY must be attached.)
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On MAY 2 3 2014 before me, V.M.Camobell, Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared Jacqueline Kirk , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/ace
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hie/her/theic authorized capacity(ies), and that by his/her/tle►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.
V M. Cn 9
�� ' Commission # WITNESS hand and official se
1910804 my
Q .+Q
,�.� Notary Public California
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My Comm.ExpiresangeCo Novnty 25,2014 , J
�1 GNATUR ARY
OPTIONAL
Though the data below Is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDMDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR MAY 2 3 2014
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Westchester Fire Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all sea by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December II,2006,to wit
RMOLVED,en.the follow V aMMdaroq IdW toils wueuaor.ford an f ort a CWrs,of Seek rid iU mp.rummest*easesu Ind ether mitten ess.sMneh of ter Conlpuy
.rood iso ate atdetaty aWa.abstain'(..eb.'1Vras Cohw.tta..ti
I I) ENS Ors Cbsn.en.M President d the Via Prodders of the Campny n hereby n/wised is mats up Sons Caawar.r the sad on b.h.I&of Me Conway,ud.r Me ea)edge Coat'ray ter
.base
(2) Bab day spun d aaom y+hu of the Compaq is hereby euthonced to waft ay Mitten Coan.aad fa d en behalf of the Co.pry.watt Meal of the Ceapaiy eat odwaa.to the WIN em
rush auks r ashonaad by the peal of pusses provided for in supposes wars parlares l se suds atbsey-infect
(3) Each SM.Ch.naei M.►residre end M.Via Presides of itte Cowpony is Waby tie lunar,kr d on PAW ofMs Capeny.w gpols owning ay pans the morseptwM.rthe Company with
MI power d wahaYy to precuts fat end on Waif die Coapsy,under M.W of the Conway re otherwise.seen Wnaa Csrseias of the Co pup Y cry be spennSed in such antis
.ppolat.e.t Pods pea Rake rap be by peel type a des d Wrote Camatnaa.r or by etesaaaa Saw or sore musk Wntis Coaboa rot
(4) Each ofthe Cirrsrr,the Rrident d Vie PreuNer s of Pie Coapeny So bray aabode.tt for a d s b.wf oft the Cobprry,to'daps in rums wry other Mott of Ms Conpry ate aehenty m
arose,for Ned r Shelf of the Cotpay,tehdr the Coapay's.at or otherwise,ask Wdaa Cendttanee PIP Capry se ere ap.eMd I.such adaai delegation.%high p.aaraooa nay be by
semi type or dap d Wnite.Cegstrarr or by sp.alcadeo dew or sore paSader Willis.Cosshbesr
(5) 71ar tiptatore dory dater or dor pone creescp any Wditen Cannotenent or sepreallei or delession porspor to ible Resoletkp aid the seal Slur Carpet*,nay be sifted by fessincle an sorb
Wnea Coaro.bra i or whir.•p rokunes or dd.peon.
FURTHER RESOLVED.Mat the ferpoiag Radom shad not be threw"to be en adore•ratsrtisaof the,puss end adony deka'.splays d odor pansg Si eel for d on behalf ofthe
Compry,d Such Rwdtaian WWI set lust a shims srtsu the sass day sigh porn or whom Sums valley pared or rated
Does hereby nominate,constitute and appoint Christina Johnson,Erik Johmison,Jacqueline Kirk,Lisa Clark,Shirley Bauman,Victoria M Campbell,all of the City of
LOS ANGELES,California,each individually if there be more than one named.its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and
as its act and deed any and all bonds,undertakings,recognizance:,contracts and other writings in the nature thereof to penalties not exceeding Twenty million dollars&
zero cents(S20,000,000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had
been duly executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 17 day of January 2014
WESTCHESTER FIRE INSURANCE COMPANY
, . -
<. 1
• Siphon M.Hairy,Vies Penman
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA as.
On this 17 day of January,AD.2014 before me,*Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company,that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors
of said Company,referred to In the preceding instrument,is now In force.
IN TESTIMONY WHEREOF,I have hereunto set my hand end affixed my official seal at the City of Philadelphia the day and year first above written.
k tee'• •.
I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is In full force and effect MAY witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day of MAY 2 2 2014
i• liZeidito•N
'1 Y I Mikan L.MO
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 17,2016.
S .
• THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. •
LOT 1 OF TRACT MAP 36404 VILLA PORTOFINO ,- ,� ,
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Legend
1:6,729
• — Circulation Network Streets
a City Boundary D Parcels(0612018)
Notes
•
1.
- - - -J. - - .f- - - - 141 i „ 1_� I I I I . .. _ . . . . , 111111".salmi R
Via Leonardo
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- Via Veneto ;.I. = •l
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F UNIMPROVED NWT m + '1 T ,� 1 fA I'
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•
IMPROVED AREA - 12.86 AC Villa Portofino Construction Phasing
UNIMPROVED AREA - 10.58 AC Revised 3/19/2014
TOTAL - 23.44 AC