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Home My WebLink AboutRelese - PM31730 - D.McCoy CorpCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE SECURITY FOR PARCEL MAP 31730 PARCEL 17 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANTS: Old Republic Surety Company Attn: Shannon Dixon 8141 E. Kaiser Blvd., Suite 200 Anaheim, CA 92808 BOND NUMBER: DATE: CONTENTS: Recommendation Don McCoy Corporation PO Box 4020 Dana Point, CA 92629 WCN1237234 (WFB1253685) February 25, 2016 Agreement and Bonds Vicinity Map By Minute Motion, release security for Parcel Map 31730 Parcel 17. Background The subject property is located within University Park at the corner of Frank Sinatra and Cook Street. At the time of grading permit issuance, a Faithful Performance bond in the amount of $55,222 and a Labor and Materials bond in the amount of $27,611 were submitted for onsite grading. This project was never graded and the property is under new ownership at this time. Staff will collect new bonds prior to when this parcel is ready to begin grading. Staff recommends that City Council authorize the release of the Faithful Performance and Labor and Materials bonds. Staff Report Release Security for Parcel Map 31730 Parcel 17 Page 2 of 2 February 25, 2016 Fiscal Analvsis There is no fiscal impact associated with this action. Prepared By: Depa e t ead: Christina Canales, Assistant Engineer Mark Grpe ood, P. ., Director of Rublic Works Paul S. Gibson, Director of Finance 7Dal:'t�t��D Jc�li M. Wohlmuth, City Manager 1 GRADING ONLY AGREEMENT DATE OF AGREEMENT: Aa_� . I X , 20__�_J. NAME OF OWNER/DEVELOPER (reTe-rred to as "GRADER"). / PROPERTY (MAP AND PARCEL NO.): ,F / 7 �? U No. of Lots: Lam% (referred to as "PROPERTY"). GRADING PLANS APPROVED ON: 6 c r' /° - 0 8" (referred to as "GRADING PLANS"). ESTIMATED TOTAL COST OF GRADING:$ oZ/ oar SURETY: BOND NOS: 7 SURETY: -OR- IRREVOCABLE STAND-BY LETTER OF CREDIT NO. FINANCIAL INSTITUTION: -OR- CASHICERTIFICATE OF DEPOSIT, AGREEMENT DATED: FINANCIAL INSTITUTION: This Agreement is made and entered into by and between the City of Palm Desert, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the GRADER. RECITALS A. In consideration of the approval of the Grading Plans for the PROPERTY by the City Council, GRADER desires to enter into this Agreement, whereby GRADER promises to complete, at GRADER's own expense, all the grading work required by CITY in connection with the proposed PROPERTY. GRADER has secured this Agreement by grading security required by the City and approved by the City Attorney. RMPUBWCD\760 BE C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc B. GRADING PLANS for the grading of the PROPERTY have been prepared by GRADER and approved by the City Engineer. The GRADING PLANS numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the GRADING PLANS shall include reference to any specifications for the improvements as approved by the City Engineer. C. An estimate of the cost for grading and performing land development work in connection with the grading according to the GRADING PLANS has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. D. CITY has adopted standards for the grading of propertywithin the CITY. The GRADING PLANS have been prepared in conformance with CITY standards in effect on the date of the approval. E. GRADER recognizes that CITY and adjacent properties may be damaged by GRADER's failure to perform its obligations to complete approved grading by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by GRADER. NOW, THEREFORE, in consideration of the approval by the City of the GRADING PLANS, GRADER and CITY agree as follows: (1) GRADER's Obligation to Complete Gradinq. GRADER shall: R\7PUD\VCD\760 -2- C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc (a) Complete at GRADER's own expense, all the grading required by the Approval in conformance with approved GRADING PLANS within one year from date of execution of this Agreement; provided however, that the grading shall not be deemed to be completed until approved by City Engineer as provided in Section 4 herein. (2) Security. GRADER shall at all times guarantee GRADER's performance by furnishing to CITY, and maintaining, good and sufficient security as required by the CITY on forms approved by CITY for the purposes and in the amounts as follows: (a) to assure faithful performance of this Agreement in regard to said grading in an amount of 25% of the estimated cost of the grading. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall: 1) comply with all the requirements for security in this Agreement; 2) be provided to the City Engineer to be filed with the City Clerk and, upon filing, 3) shall be deemed to have been made a part of and incorporated into this - Agreement. Upon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released. R.k1PU8NVCD\760 -3- C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc (3) Alterations to GRADING PLANS. (a) Any changes, alterations or additions to the GRADING PLANS not exceeding ten percent (10%) of the original estimated cost of the improvements, which are mutually agreed upon by CITY and GRADER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, GRADER shall provide grading security for faithful performance as required by Section (3) of this Agreement for twenty-five percent (25%) of the total estimated cost of the grading as changed, altered, or amended, minus any completed partial releases allowed by Section (6) of this Agreement. (b) The GRADER shall complete the grading in accordance with CITY standards in effect at the time of approval of GRADING PLANS. CITY reserves the right to modify the standards applicable to the PROPERTY and this Agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or CITY zoning ordinances. If GRADER requests and is granted an extension of time for completion of the grading, CITY may apply the standards in effect at the time of the - extension. (4) Inspection. GRADER shall at all times maintain proper facilities and safe access for inspection of the grading by CITY inspectors. Upon completion of the work, GRADER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the grading. When applicable law requires an RMPUBkVCD\760 - 4 - C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc inspection to be made by City at a particular stage of the grading, CITY shall be given timely notice of GRADER's readiness for such inspection and GRADER shall not proceed with additional work until the inspection has been made and the work approved. GRADER shall bear all costs of inspection and certification. (5) Release of Securities. The securities required by this Agreement shall be released as following: (a) Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and approved of the act or work. (6) Iniury to Public Improvements, Public Property or Public Utilities Facilities. GRADER shall replace or repair or have replaced or repaired, as the case may be, all public improvements, public utilities facilities and surveying or property monuments which are destroyed or damaged as a result of any work under this Agreement. GRADER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, orthe State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility - corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. (7) Permits. GRADER shall, at GRADER's expense, obtain all necessary permits and licenses for the grading, give all necessary notices and pay all fees and taxes required by law. (8) Default of GRADER. (a) Default of GRADER shall include, but not be limited to, RMNUBNVCD\7G0 _ rj _ C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc (1) GRADER's failure to timely commence the grading; (2) GRADER's failure to timely complete grading; (3) GRADER's failure to timely cure any defect in the grading; (4) GRADER's failure to perform substantial work for a period of twenty (20) calendar days after commencement of the work; (5) GRADER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which GRADER fails to discharge within thirty (30) days; (6) the commencement of a foreclosure action against the PROPERTY or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Agreement. (7) GRADER's failure to perform any other obligation under this (b) CITY reserves to itself all remedies available to it at law or in equity for breach of GRADER's obligations under this Agreement. CITY shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by GRADER. The right of CITY to draw upon or utilize the security is - additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of grading and, therefore, CITY's damages for GRADER's default shall be measured by the cost of completing the required grading. The sums provided by the security may be used by CITY for the completion of the grading in accordance with the GRADING PLANS contained herein. RNI PU BWCM760 C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc In the event of GRADER's default under this Agreement, GRADER authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to GRADER and to GRADER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of GRADER, and GRADER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby. In such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to GRADER as may be on the site of the work and necessary for performance of the work. (c) Failure of GRADER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of notice of violation against the PROPERTY. The remedy provided by this subsection (c) is in addition to and not in lieu of other remedies available to CITY. GRADER agrees that the choice of remedy or remedies for GRADER's breach shall be in the discretion of CITY. (d) In the event that GRADER fails to perform any obligation hereunder, GRADER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including but not limited to fees and charges of engineers, attorneys, other professionals, and court costs. (e) The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of GRADER. R,NfPUR\VCD\760 C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc (9) GRADER Not Agent of CITY. Neither GRADER nor any of GRADER's agents, contractors or subcontractors are or shall be considered to be agents of CITY in connection with the performance of GRADER'S obligations under this Agreement. (10) Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of GRADER, its agents, or employees, contractors and subcontractors in the performance of this Agreement. GRADER further agrees to protect, defend, indemnify and hold harmless CITY, its officials, boards and commissions, and members thereof, agents and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of GRADER, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability, or loss arising out of the sole active negligence of the CITY, its officials, boards, commissions, the members thereof, agents, and employees, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and - damages or taking of property resulting from the grading of the PROPERTY, and in addition, to adjacent property owners. Approval by CITY of the grading shall not constitute an assumption by CITY of any responsibility for any damage or taking covered by this Section. CITY shall not be responsible for the performance of grading, regardless of any negligent action or inaction taken by CITY in approving the plans, unless the particular design was specifically required by CITY over written objection by GRADER submitted to the City Engineer before approval of the particular grading design, which objection Rb11'UB\VCD\760 _ 8 _ C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc indicated that the particular grading design was dangerous or defective and suggested an alternative safe and feasible design. GRADER shall reimburse CITY for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by CITY in enforcing the provisions of this Section. (11) Personal Nature of GRADER'S Obliaations. All of GRADER's obligations under this agreement are and shall remain the personal obligations of GRADER notwithstanding a transfer of all or any part of the property subject to this Agreement, and GRADER shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the PROPERTY or to any other third party without the express written consent of CITY. (12) Sale or Disposition of PROPERTY. GRADER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the GRADER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the GRADER of the obligations under Section (18) for the work or improvement done by GRADER. (13) Time of the Essence. Time is of the essence in the performance of this Agreement. (14) Time for Commencement of Work: Time Extensions. GRADER shall commence substantial grading required by this Agreement not later than six (6) months after the date of this Agreement. In the event good cause exists as determined by the City Engineer, the time for commencement of grading hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be KMP1JHwcnv450 -9- CADocuments and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc executed in writing by the City Engineer. Any such extension may be granted without notice to GRADER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle GRADER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, act of God, or by storm or inclement weather, strikes, boycotts or similar political actions which prevents the conducting of work, which GRADER could not have reasonably foreseen and, furthermore, were not caused by or contributed to by GRADER, shall constitute good cause for and extension of the time for completion. As a condition of such extension, the City Engineer may require GRADER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. (15) No Vesting of Rights. Performance by GRADER of this Agreement shall not be construed to vest GRADER's rights with respect to any change in any zoning or building law or ordinance. (16) Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States mail. Notices shall be addressed as follows unless a written change of address is filed with the City: RLIPUMVCD1760 _ 1 d _ C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc Notice to CITY: Notice to GRADER: Notice to SURETY: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Public Works Director (17) Compliance With Laws. GRADER, its agents, employees, contractors and subcontractors shall comply with all federal, state and local laws in the performance of the grading required by this Agreement. (18) Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. (19) Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. (20) Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. R.N1PMVCD\760 _ 11 _ C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Crading Agreement.doc (21) Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into in the terms of this Agreement. (22) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. (23) Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California. (24) Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the County of Riverside, State of California. IN WITNESS WHEREOF, this Agreement is executed by the parties as of the date hereinabove first written; by CITY, by and through its Mayor. GRADER (Proper Notarization of GRADER's signature is required and shall be attached) CITY OF PALM DESERT MAYOR R,WPUBWM7G0 - 12 - C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY RIVIPUB\VCD\760 -13- C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C f n`ia�'J County of k5- ___r On I ^ L _9.1>q before me,govo Oa• � HMe • e T9• IAeaxor personally appeared�J'iZ Nano(e) sq,ro,(q 1 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 Wber/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. �r JAMES A SHA MTY I ertify under PENALTY OF PERJURY under the laws COMM. #16SM13 Lithe State of California that the foregoing paragraph is m NOTARypU& C�pNIA r a and correct. '..sEPr u, 2oto - VtfIT S my hard ffi i seal. i PI•w Nary sari Above Sign rP W — SIrnaa 91 Way OPTION Though fire information beroty is not required by law, it may prove vatuable to persons relying on the ant and could prevent fraudulent removal and reattachment of this term to another document. Description of Attached ocument A&ks_--_1ek9a— DocumentTitle or Type of Docu��m��ennt�t:ps Date: k -) L - pq �� / Number of Pages: Signer(s) Other Than Named Above: `Y Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Nama ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Tille(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact NNRMM ❑ Trustee Top of eumb "m ❑ Trustee Tcp of thw,4 hde ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer (s Representing: Signer is Representing: aes.�•ws.��...sr,on.x,.waa.sw.L..�u..5s..�,sin.s�.�n.,a.,can.yn.aev.,n.:i.,sa.a�.u.,.ti�.n.ye.:wyr...A..� ww..,.,n.�n.�n.an..svu.,>=..le..a. 02007Natimtl Notary As:xie> —9=t7esab An,P.O.8=2402-CAat�OL CA913712402-W—r4aticesT:uary.e49 IM.AV07 AM&IC27TVkRW40MY66E27 RNt P UOW CU\7GQ —14— C:\Documents and Settings\Robert.Hargreaves\My Documents\PALM DESERT - Grading Agreement.doc CITY OF PALM DESERT STANDARD FORM FAITHFUL PERFORMANCE BOND NAME OF DEVELOPMENT: Mass Grading - McCoy Par 2 of PMV 07-12 NAME OF DEVELOPER: Don McCoy Corporation NAME OF SURETY:Old Republic Surety Company EFFECTIVE DATE: January 07, 2009 AMOUNT OF BOND:$55,222.00 BOND NUMBER: WCN1237234 PREMIUM: $1,381.00 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 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 -2- 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, -3- 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. PRI CIPAL / l7owr.q t �1 PRINCIPAL URETY Laurel Covert Attorney -in -Fact SURETY (Notarial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 07, 2009 Date personally appeared before me, w rGEZELLE LOPEZ S {) Comm. #1739560 Q •� NOTARY PUBLIC - CALIFORNIA oRANGECOLINTY 0 1 COMM. EXPIRES APRIL 17, 2011 f V V V V V V V V V V V v V Place Notary Seal Above Gezelle Lopez, NotarPublic Mere Insert Name ar Title of the Officer Don McCoy Name(s) of Signeq.) who proved to me on the basis of satisfactory evidence to be the person(owhose name(s) Sure subscribed to the within instrument and acknowledged to me that 49she/they executed the same in 0/6r/their authorized capacity(lA, and that by 6/her/their signature(g) on the instrument the person(s), or the entity upon behalf of which the person(g) 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. WITNEIS Signature OPTIONAL Though the information below is not required by law, It may prove valuable ns fng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond: Developer: Don McCoy Corporation Document Date: January 7. 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -:1 Individual g Corporate Officer—Title(s): President Partner — _ Limited 71 General Attorney in Fact Top of inumb bare 7— Trustee -1 Guardian or Conservator Other: Signer Is Representing - Number of Pages: Signer's Name: - Individual Corporate Officer — Title(s): Partner — - Limited ` General Attorney in Fact 73 Trustee - Guardian or Conservator Other: Signer Is Representing: Top of thumb here wVv1!eVWU. %W'_P'c'"�� srnlec�c�sot�v zcs�euu �c�cu s�s�Y�aw��uva �a�eLw �ext>�� v�tvrcw ire 02007National Notary AssociaYon•9350DeSoto Ave..P.O.Bm2402•Chefs•.Mh.CA91313-2402•vntiS-aNationalNotaryoq Itame5907 Roomer.CatlTol-Freel-800-878-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange Or, January 07, 2009 D2te personally appeared before me, } ^ A ^ GEZELLE LOPEZ U COMM. # 1739560 {� •�► NOTARY PUBLIC .CALIFORNIA +� ORANGE COUNTY 0 V COMM. EXPIRES APRIL 17, 2011 V T ; Place Notary Seal Above Gezelle Lopez, Notary Public Here Insert Name ar Title of the Ol kcr Laurel Covert Name(s1 of svner(s) who proved to me on the basis o satisfactory evidence to be the person(jiilf whose nameA@are subscribed to the with'�, instrument and acknowled to me that he/sllelthey executed the same in his er their authorized capac ty(It ,and that by hi s/Ni;s�/their s gnatureo on the instrument the person, or the entity upon behalf of which the person(j6 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. �7 WITNESS n Signature OPTIONAL Though the information below is not required by law, it may prove valuabld*L arsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond; Developer: Don McCov Corooration Document Date: January 7. 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Laurel Covert Individual Corporate Officer — Title(s): Partner — = Limited _ General g Attorney in Fact Top of tnumb hard Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): Partner — _ Limited - General Attorney In Fact :i Trustee Guardian or Conservator Other: Signer Is Representing: Top or thumb here 02007 Natlonaf Notary Assodatton • 0350 0e Sao Ave.. P.O. Box 2402 • Cbatsr wth, CA 91313-2402 • en.uNaboraWotaryorq ttem a5907 Reorder: CWITW-Free t-000-876-68277 4* * OLD REPUBLIC III*.** * * Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: WILLIAM WOODITCH, MARK WOODITCH, JAMIE CAMPBELL YOUNGER, LAUREL E. COVERT, OF IRVINE, CA its true and lawful Attomey(sj-in-Pact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (oti wrthan boil bonds, bankdeposrtory bonds, mortgage deficiency bords, mortgage guaranty bonds, guarantees of InstaCment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediatiai bands or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLA):2S($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi -colored. This appointment is made under and by authority of the board of directors at.a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretaryor assistant secretary; or (i i) when sfgned by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersignedand sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (f a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the oompany:and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 2ND day of SEPTEMBER, 2008. OLD REPUBLIC SURETY COMPANY VS Assistant Secretary President f� STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS 2ND day of SEPTEMBER, 2008 On this , personally came before me GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. r j �07AHy 'A �k /VJ/F.fcccG.� Notary Public wa'•. pueu� ,"y My commission expires: CERTIFICATE 01/18/2009 I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-4637.E su"" Signed and sealed at the City of Brookfield, WI this -day of SEAL WOODITCH CO,E Assistant Secretary Hoer no�aa in,n„ CITY OF PALM DESERT STANDARD FORM PAYMENT BOND (LABOR & MATERIALS) NAME OF PROJECT: Mass Grading - McCoy Par 2 of PMV 07-12 NAME OF DEVELOPER: Don McCoy Corporation NAME OF SURETY: Old Republic Surety Company EFFECTIVE DATE: January 07, 2009 AMOUNT OF BOND: $27,611.00 BOND NUMBER: WCN1237234 PREMIUM: $690.00 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 -3- 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 materiaimen, 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. I I PR NC PAL O L At C O r PRINCIPAL 1 G SJ�Ey S XX �'�' AE SURI=TY Laurel Covert Attorney -in -Fact SURETY (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 �at�c.,z�cz�-,�:c„�c, ct2�.,-�c,.�.2rtRc..rc.�.�e�rwife•,�r..crzr.,�rs�arr�;e•.€:ea'<r•,�c.,r-rc-�e.�:c.,rr„rc.�.z-per•. c..rr..r�c�.tRr..t!h,C�,�cr�rtFc..� State of California County of Oranae Or: January 07, 2009 before me, Gezelle Lopez, NotarPublic Date Here Insert Name ar.dTitla of the Ofter personally appeared Don McCoy Name(s) of Signe((s) who proved to me on the basis of satisfactory evidence to be the personid) whose name(s) &are subscribed to the within instrument and acknowledged to me that ( t�/she/they executed the same in l/her/their authorized capacity(ips), and that bylWer/their signature} on the instrument the person(4), or the entity upon behalf of which the person(,$) acted, executed the instrument. a+� • ^GEZELLE LOPEZ� I certify under PENALTY OF PERJURY under the laws U COMM. #1739560 of the State of California that the foregoing paragraph is '� NOTARRYYPUNGECOCALIFORNIA Ty () true and correct. COW EXPIRES APRIL 17, 2011 "t " t WITNESS my 07 Signatu Place Notary Sea! Above -� Sgna re Nota Publk OPTIONAL Though the information below is not required bylaw, it may prove valuab to s retying on fhe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond; Developer: Don McCoy Corporation Document Date: January 7. 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual X Corporate Officer — Title(s): President _ Partner — - Limited - General ;J Attorney in Fact Top or thumb bare Trustee Guardian or Conservator _ Other: Signer is Representing: Number of Pages: Signer's Name: _ Individual - Corporate Officer — Tltle(s): Partner — - Limited - General _ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here vn:�-vWvw:�w�ct�v�:�..�.L.� �.�� .,: srn:�n.�.�:vtis�:�:�ntinsrnvns�:vnsK:s�;.�:vn:�n:Brit:Srn,�:rstvnsrA:sEc:1=�:arn:�rt�ts�:trn75� 02007 Natlonal Notary Association- 9350 Do Soto Ave.. PO. Box 2402 •ChaL�vorlh. CA 91313.2402• rAwo.Nabonalllotary.org tlam #a907 Reower. CallTotl-Free 1.800.876-13527 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �aair..�aEcter.,zr�-r„�<.-.�r.�cr_N.rN..ar•.r�rs�..�c„�.,t!�c„z�:c.,r�ca�cr�rz�r.�rrr.�rrcrcrcxe�r�c�.r-:e,�=.or�r.,isr..t:cz�c�ez�cs�ciFesrr�ca�r.�r,�c State of California County of Orange On January 07, 2009 before me, Gezelle Lopez, Notm Public Date H re Incart Name a d Title of the Moor personally appeared Laurel Covert Name(a) of Sigaer(s) who proved to me on the basis of satisfactory evidence to be the person'} whose namefl,�f s re subscribed to the with; instrument and a6 ow edged to me that he/ e/ ey executed the same in his their authorized capacity(t�), and that by his/ �their Wnature(A on the instrument the person(?), or tiie entity upon behalf of which the person(s) acted, executed the instrument. r GEZELLE LOPEZ I certify under PENALTY OF PERJURY under the laws () corvimNOTARY #17 CALIFORNIA9560 of the State of California that the foregoing is ..� NOTARY PUBLIC-ALIFO� g g ORANGE COUNTY 0 true and correct. y COMM. EXPIRES APRIL 17, 2011 v V WITNESS my hetnofficii ealPlate Notary Seal Above SignatureOPTIONALThough the information below is not required by law, it may prove vafuabient and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond; Developer: Don McCov Corporation Document Date: January 7. 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Laurel Covert Individual Corporate Officer — Title(s): Partner — Limited - General Attorney in Fact - Top of thumb here Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: 4 Signer's Name: Individual Corporate Officer —Title(s): Partner— - Limited - General Attorney in Fact - Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here yn;Yn:�n.�nrr:yn.�r..�:�n.�:.i,s _�.. .... _:,ec,'frR.�..nsacs..�.vanbn:�:,�:yn:��n.�.•�;.,�..�+u,;sr�;�e.;�.:Y:.t.,:vR:w:vtive.:,;as:.;,vn.5e�.0 Q20o7NalionalNotary Associa0on•93WDeSoto Ave..P.O.Box 2402•Chatsorth.CA91313.2402-vAN%cNauorWNouryorg Ilemss9o7 Reorder Call ToM1Ree1-904B7rrbB27 REPUBLIC Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: WILLIAM WOODITCH, MARK WOODITCH, JAMIE CAMPBELL YOUNGER, LAUREL E. COVERT, OF IRVINE, CA its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than trail bongs, bankdepostcxy bonds, mortgage deficiency bonds, mortgage guaranty bends, guarantees of Installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION 6OLLA):2S($5,000,000)--------7---------------- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shall bevalld and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretaryor assistant secretary; or (ii) when signed by the president, any vice president or assistantvice president, secretary or assistant secretary, and countersignedand sealed (if a seal be required) by a duly authorized attorney -in fact or agent; or (iii) when duly executed and sealed (d a seat be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced bythe Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect es though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 2ND day of SEPTEMBER, 2008. OLD REPUBLIC SURETY COMPANY p,¢G SU�'!t'!� (7 q wnlLLrf ;��, / Assistant Secretary g'k� President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS 2ND day of SEPTEMBER, 2008 On this , personally came before me GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. f+ �OTAA}'•\ Notary Public iNA�V��\G 'ly My commission expires: CERTIFICATE 01/18/2009 I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-4637 wWw auAE,y Signed and sealed at the City of Brogkfield, WI this day of WOODITCH COlc��THE nmmmim� Assistant Secretary anon rarer mini PARCEL MAP 31730 PARCEL 17 r r V�R31�f-PA4ftK-ORiV■ � I / rr.�r1K-slrlt►�itA-flRivc Legend Circulation Network City Boundary i r, O --- "OE- t-iRfVC-WEsT O— Streets 1: 4,061 ❑ Parcels (01/2016) Notes I