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HomeMy WebLinkAboutRelease - TM36874 The Retereat - Portola PD 71T P STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: July 12, 2018 PREPARED BY: Christina Canales, Assistant Engineer L C REQUEST: Release maintenance bond in the amount of$77,324.05 for offsite improvements for Tract Map 36874 at the Retreat. Recommendation By Minute Motion, release maintenance bond in the amount of $77,324.05 for offsite improvements for Tract Map 36874 at the Retreat. Strategic Plan This action has no impact on the Strategic Plan. Background Analysis The subject property, the Retreat, is located at Country Club Drive and Portola Avenue within Desert Willow. Faithful Performance, and Labor and Materials bonds for offsite improvements were originally submitted prior to map recordation. On July 13, 2017, the City Council approved the release of these bonds, and accepted a maintenance bond in the amount of $77,324.05 to be held for one year. Staff has recently re-inspected this project to ensure that all improvements remain as they were originally accepted in 2017 . The one-year maintenance period is now complete therefore staff recommends that City Council authorize the release of the maintenance bond. Fiscal Analysis There is no fiscal impact associated with this action. July 12, 2018 — Staff Report Release maintenance bond in the amount of$77,324.05 for offsite improvements for Tract Map 36874 at the Retreat. Page 2 of 2 LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A �- T othy R. J n on, P.E. Robert W. Hargreaves Independent Interim et Moore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager APPLICANT: Portola PD, LLC 73081 Fred Waring Drive Palm Desert, CA 92260 ATTACHMENTS: Maintenance Bond 1001049408 Vicinity Map Bond Number: 1001049408 Premium (One(I) Year): Included in cost of Performance Bond MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Portola PD, LLC as Principal, and American Contractors Indemnity Company, a corporation organized and existing under the laws of the State of California and duly authorized to transact a general surety business in the state of California, hereinafter called the Surety, are held and firmly bound unto City of Palm Desert hereinafter called Obligee, in the full and just sum of Seventy Seven Thousand Three Hundred Twenty Four and 05/100 DOLLARS ($77,324,05) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS,on the xxxxx day of xxxxx 20 , the above named Principal entered into an agreement with the Obligee for: Rough Grading TR 36874 WHEREAS, under the terms of said agreement, Principal is required to guarantee replacement and repair of improvements as described therein for a period of One(I) year(s)from and after the date of completion and acceptance of said improvements; NOW, THEREFORE, If the above Principal for a period of One()) year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void;otherwise to remain in full force and effect. Any claims upon this bond must be made prior to the expiration of the one (1) year maintenance period. IN WITNESS WHERE OF,the seal and signature of said Principal is affixed hereto and the corporate seal and the name of said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 5'''day of June,2017. Portola PD, LLC a California limited liability American Contractors Indemnity Company company (Sun ) (Principal) Melissa Lox ., tt cy-In-Fact 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 QtV•tfSi � ) On (n j�i n before me, 1 AkrW S(. }l f �0-1-6/ 1AAAl1 tic _ , Vete Here Insert Name and Title of t Officer personally appeared CLUd NG((eirQ,_ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(8) whose name(e) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iee),and that by his/her/their signature(a)on the Instrument the person(s), 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 - IIETHANN SCHtFF is true and correct. �r• Ica 2102309. WITNESS my hand and official seal. x . .:+ Notary Public-California 1 ►•f Rlvirildi Cow, Comm. lies Mar ,2019 �,�, Si gnature `._ g ture of Notary Pu.1ii Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the doc - t or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Do ent Date: Number of Pages: Signer(s) Other Than Named • •.ve: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — ; Limited !-1 • - al Partner — 0 Limited C General Individual 1A • -y in Fact Individual El Attorney in Fact Trustee uardian or Conservator C Trustee El Guardian or Conservator Other. Other: Signer - :presenting: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 • CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 tvr'intC/ JUN 0 5 2017 On , before me, Frances Lefler Notary Public, personally appeared Melissa A.Lopez who proved to me on the basis of satisfactory evidence to be the person( whose name( ') is/ere- subscribed to the within instrument and acknowledged to me that-he/she/they-executed the same in hist'her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s},or the entity upon behalf of which the personfs)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 ,.•«•,� PRANCES LEFIER COMM.B112 150250 n �+ NOTARYPU .CALIfORMA 33 iY M g ORANGE COUNTY N £ü?4e&7 oma 0$AM.EXP.APRIL 23,2e20 (Seal) OPTIONAL Description of attached document: Document Title: Date of Document: Number of Pages: Additional Signers Not Named Above: California Mobile Notary Network—www.camnn.tom POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S.Specialty Insurance Company,a Texas corporation(collectively,the"Companies"),do by these presents make, constitute and appoint: Erik Johansson,Jennifer Anaya,Frances Lefler,Ellen Bell, Melissa Lopez of Tustin,California its true and lawful Attorneys)-in-fact,each in their separate capacity if more than one is named above,with fuU 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 riders, amendments, and consents of surety, providing the bond penalty does not exceed Ten Million Dollars (S "10,000,000•00" ). This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be It Rero/vee4 that the President,any Vice-President,any Assistant Vico-President,any Secretary or any Assistant Secretary shall be and is hereby vested with MI power and authority to appoint any one or mom 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-Foci 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 ill 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 scaled 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. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st day of December,2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY csot it*Y% +`e if i � + 13 W 1Y•", )2, - ' ~ a , Daniel P.Aguilar,Vice Pri nt If IP! 447 or�e + 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 Los Angeles SS: On this 1st day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and,U.S.Specialty Insurance 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. Commission•morn SignatureLO(' (Seal) `am ; i Notary Public-CaliforMa = Los Angeles County Comm. Om 20 201 r I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this .day of JUN 0 5 2017 Corporate Seals 01 cr54 tasutr� °`1Da"oo 'mac` (:=1":1). g W : Kio Lo,Assistant Secretary Bond No. ��Q�� � ? '' : o A enc No. 19261g Y itiTir rc- L � ,( / 6 - - LN (---PILE Pt I ._____, f ATRA DR FRANK SINATRA-OR 1 AI f i TR 36874 11 The Retreat . ' tom. - ,r ;r !C I 1 __-- -':.:1.4° /7§ il ger J ELOE1 1 \\\ At i' eIL,W1--- IIVI:::: i— ) C°Y.MO TON■R L MGGO4 eit r~T i rA1?oafeAyE rwrtweAVE l 1• - - �� JI _ Ill l i :." M ___ MMI aneli I.. 1 .I IN 7, : i U , 11 -1 e4, M Q 1 At,c,,,,. L I Ia , +�fi0.i ■ rum 1 iEoie� I 04 — —\ 464A,te4 Z I II -I W11lI[l'f_PL ii II L0 /Q v ,luijil oft COUNTRY-CLUB DR COUNTRY-CLUB OR- 4151 1 1 11 llill�ll� m 0,30 ] ia PI-- D '-- .. ALN r TR 36874; 0 = i The Retreat t` 4 0 c Date: 2017 VICINITY MAP