HomeMy WebLinkAboutRelease Bond for Offsite Imprvmnts to Tower Market J
1 'VA
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: December 13, 2018
PREPARED BY: Christina Canales, Engineering Assistant
REQUEST: Release Faithful Performance Bond in the amount of $49,440 and
Labor and Materials Bond in the amount of $24,720 for offsite
improvements to Tower Market
Recommendation
By Minute Motion, release Faithful Performance Bond in the amount of
$49,440 Labor and Materials Bond in the amount of $24,720 for offsite
improvements to Tower Market.
Strategic Plan
This item is not addressed in the Strategic Plan, General Plan, or City Manager Work
Plan.
Background Analysis
Tower Market is located at 73801 Highway 111 at San Luis Rey. Faithful Performance
and Labor and Materials bonds for offsite improvements were originally submitted at
grading permit issuance. The project was completed in December 2017. The applicant
opted to keep the bonds already on file with Public Works to cover the one-year
maintenance period in lieu of submitting a maintenance bond.
Staff recently re-inspected the improvements to Tower Market 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 Faithful Performance and Labor and Materials bonds.
Fiscal Analysis
There is no fiscal impact associated with this action.
December 13, 2018 — Staff Report
Release Faithful Performance and Labor and Materials bonds for Tower Market
Page 2 of 2
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
N/A it
Robert W. Hargreaves Thomas Garcia, P.E. Janet Moore ' Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
APPLICANT: Tower Energy Group
1983 West 190th Street
Torrance, CA 90504
ATTACHMENTS: Bonds
Vicinity Map
CITY OF PALM DESERT
STANDARD FORM
FAITHFUL PERFORMANCE BOND
NAME OF DEVELOPMENT: PP 16-180 TOWER MARKET
NAME OF DEVELOPER: TOWER ENERGY GROUP
NAME OF SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY
EFFECTIVE DATE: DECEMBER 19,2016
AMOUNT OF BOND: FORTY NINE THOUSAND FOUR HUNDRED FORTY AND 00/100 DOLLARS($49,440 00)
BOND NUMBER: 2220650
PREMIUM: $989.00
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.
TOWER ENERGY GROUP
PRINC • k SIG TUBE
PRINT NAME
LS,i-:c�i 1 - i t wM 1 2 6,2Du/
TITLE & COMPANY NAME
PRINCIPAL'S SIGNATURE
PRINT NAME
TITLE & COMPANY NAME
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
DENNIS LAN r ,�;TPv- SIGNATURE
ATTORNEY-IN-F 4 p
SURETY'S SIGNATURE
(Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must
be attached.
CALIFORNIA ALL-PURPOSE,ACKNOWLEDGMENT CIVIL CODE§1189
A notary pubic 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 )
On DECEMBER 19,2016 _before me, KATHRYN ANN COCO,NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared DENNIS LANGER
Name(s)of Signer(s)
who proved to me on the basis, of satisfactory evidence to be the person(x) whose name4) Is/ver
subscribed to the within instrument and acknowledged to me that hero executed the same In
hisaSilCOdietr authorized capacity03,and that by his4090lSbetr signature(X)on the instrument the person(txj,
or the entity upon behalf of which the person(k)acted,executed,the instrument.
t certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
r /AMAIN ANN OCO WITNESS my hand and official seal.
c California
ONst C
Comm.Veak•#2f.4124 a 21 2020 y Signature Signa 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 en unintended document.
Description of Attached Document
Title or Type of Document: PERFORMANCE BOND Document bate: _December 19,2016
Number of Pages: Signers) Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Dennis Langer Signer's Name:
Corporate Officer—Tdie(s): Corporate Officer== Title(s):
Partner — ;.: Limited C General -;Partner — 73 Limited LI General
I.Individual fX Attorney in Fact 1 Individual Attorney in Fact
C Trustee 3 Guardian or Conservator U Trustee Guardian or Conservator
C Other. E? Other.
Signer Is Representing: Signer Is Representing:
vim. x attx3,. ... ,t4masow 64xvacsv aa+s c *. xr c^sxx ,
02014 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 Las / Iv ` }
OrGa ' i itP before me,TMialtA A mpikitm , Nate,' Pm rZIC
ere mean n tee e(t re otrlo•tl
personally appeared ln4 nt'os•
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.
PATRICIA HENE*UNG
217
ear) ~-4: Commission No. t509
WITNESS hand and official seal. ••- NOTARYPt194IC-CAUFORNtA
LOS ANGELES COUNT!
• Mr Comm Evertors N(WEIMER 12 2020
Notary Signature (Notary Public Seal) FFF
♦
ADDITIONALINSTRUCTIONS FOR COMPLETING THIS FORM
OPTIONAL INFORMATION
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that stare so long
as the wording does not require the California notary to violate California notary
taw.
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Tile or description of attached document continued) must also be the same date the acknowledgment is completed,
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
heishe/theyr is fare)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording,
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on tile with the office of
❑ Partner(s) the county clerk.
O Attorney-in-Fact ' Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate oicer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version w1^w NotaryClasses.corn 8O0-873-9805 • Securely attach this document to the signed document with a staple.
CITY OF PALM DESERT
STANDARD FORM
PAYMENT BOND
(LABOR & MATERIALS)
NAME OF PROJECT: PP 16-180 TOWER MARKET
NAME OF DEVELOPER: TOWER ENERGY GROUP
NAME OF SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY
EFFECTIVE DATE: DECEMBER 19,2016
AMOUNT OF BOND: TWENTY FOUR THOUSAND SEVEN HUNDRED TWENTY AND 00/100 DOLLARS($24,720.00)
BOND NUMBER: 2220650
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
lcc
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
attomey'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.
TOWER ENERGY GROUP
44)ITURE PRINCIPAL'S SIGNATURE
PRINT NAME PRINT NAME
?Rai-WM- /pl 76
TITLE&COMPANY NAME TITLE &COMPANY NAME
NORTH AMERI SPECIALTY INSURANCE COMPANY
SU" INFO RE DENNIS LANGER,ATTORNEY-IN-FACT
SURETY'S SIGNATURE
(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 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 LOS ANGELES
on DECEMBER 19,2016 before me, KATHRYN ANN COCO.NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared DENNIS LANGER
Name(s)of Signers}
who proved to me on the basis of satisfactory evidence to. be the person% whose name$) Is/
ggx
subscribed to the within Instrument and acknowledged to me that hem executed the same In
histteottetr authorized capacity,and that by his,lbOOttt O signature x un the instrument the person(i I,
or the entity upon behalf of which the person(3t)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.
KATHRYN ANN COCO WITNESS my hand and official seal.
Ail• Notary Public-California t
• Loa Angeles County ig
ComnNaaion N 2166124 ..
Signature (
t:oNNN.Ell kaa 8a. 29 2020 Sign 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: PAYMENT BOND Document Date: December 19,2016
Number of Pages: Signers) Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Dennis Langer ,
9 'Signer's Name:
LI Corporate Officer — Title(s): Corporate Officer—Title(s):
I I Partner — kl Limited C.General Partner — :1 Limited Li General
C Individual 2 Attorney in Fact _i individual 1_1 Attorney in Fact
H Trustee Li Guardian or Conservator 71 Trustee i Guardian or Conservator
Other: Li Other:
Signer Is Representing: Signer Is Representing:
maccocvcomi4ccmz mi 2e
02014 National Notary Association•wwW.NationalNotary.org 1-800-US NOTARY(1-600-876-6827) 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 1,, s r 65 • }
OnWanfORIELL. before me,Pa1Ww'i t 'P I 14 OtM / K1C
(Here insert name and time ricer)
personally appeared, t* 1 t tK {�609S.
I
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. PATRICIA
a w,.;-f y Conanlrtsion No. 2171509 A
WITNES my hand and official seal. } 41. WARY
YY„ ,' COUNTY
i riy Conran Empire NOVENSER 12..242O j
AIL L
Nota ( `Signature (Notary Public Seal)
•
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Tide or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
(Tide or description of attached document continued) must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) he/shefthcy, is dare)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal Impression must be clear and photographically reproducible.
Impression must not cover text or tines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact . Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
OtherIndicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
2015 Version www NataryCiasses.corn 300-873-98e5 • Securely attach this document to the signed document with a staple.
HAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington international
insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg,Illinois,each does hereby make,constitute and appoint:
PAUL BOUCHER,JANINA MONROE,
TIMOTHY NOONAN and DENNIS LANGER
jointly or severally
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION(S10,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March,2000:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby
is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
sotgaj r""'lkay ttotgc
't1IP
EG� eBy
ra SEAL
g:1,4 SEAL t� Sterna P.Andersen.President&Chkr Eaeenlln o4ker of WaaNypa.LteraaMaaal laaanaa Company F�
IPS eel &Senior vice Preeldent or North American Specialty Imannce Company s�'ha •O
analaa+ B?.
David M.Layman,Senior Vice Preside of WasbiaKtoa International tahraace Company
&Vice President ntriorth American Spectslty lamraare Company
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 20th day of March ,70 12.
North American Specialty insurance Company
Washington International insurance Company
State of Illinois
County of Cook ss:
On this 20th day of March 70 12 before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies. { �j��1
jL :
A D.SRLENS 1 47/40
MyCommiuin&Jim lt/06r200 Donna D.Sklens,Notary Public
I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WiTNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 19th day of December ,20 16
lawn A Caepcora,Vice President&Assistant Secretary or W,hiamon Intonational Insurance Company&
North American Specisity insurance Cmapmy
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A''O Date: 2018 VICINITY MAP