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Home My WebLink AboutRelease Security - Demo Prjcts - Bighorn Golf ClubCITY OF PALM DESERT BUILDING & SAFETY DEPARTMENT STAFF REPORT REQUEST: RELEASE PERFORMANCE SECURITY AGREEMENT FOR DEMOLITION PROJECTS SUBMITTED BY: Russell A. Grance, Director of Building and Safety APPLICANT: Big Horn Golf Club 255 Palowet Drive Palm Desert, CA 92260 DATE: August 25, 2016 CONTENTS: Performance Security Agreement Recommendation By Minute Motion, release the performance security agreement for Big Horn Golf Club. Strategic Plan Obiective N/A Background The subject property is located at 255 Palowet Drive. A performance security agreement for the demolition of the Big Horn Golf Club was posted at the time of the issuance of the demolition permit to ensure all demolition debris is be removed from the property including but not limited to foundation, slab, septic tank, grease interceptor, and dry -wells etc and be properly graded for proper drainage to protect adjacent properties. Staff has verified that the site complies with all the conditions as mentioned above and finaled the demolition permit on June 30, 2016. The required thirty (30) day waiting period is now complete and staff recommends that the City Council authorize the release of the performance security agreement. Staff Report Release Performance Security Agreement August 25, 2016 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. Submitted By: Russell A. Grance, Director of Building & Safety Approval: JeoeJ,Moore, Director of Finance J stir McCarthy, Anterim.City Manager J PERFORMANCE SECURITY AGREEMENT FOR DEMOLITION PROJECTS WHEREAS, BIGHORNGol'Club (hereinafter designated as "Applicant") has filed an application for a Demolition Permit for cllbhouse Demolition which has a total contract price of $ 30-0,000.00 : and WHEREAS. Applicant has submitted a Performance Security of (contract p-ce - plus ten :)erce-it) $ 330,000.00 to the City of Palm Desert in the form of cash (cheer n 004'J2') ; and WHEREAS, Applicant shall comply with the requirements of the City of Palm Desert Municipal Code and technical codes that apply to the demolition project. Applicant shall also comply with all rules, regulations, and requirements lawfully promulgated under those codes. If the City of Palm Desert determines that Applicant has failed to comply with these requirements, the City of Palm Desert shall notify Surety of Applicant's default, and Surety shall either perform the Work or shall pay the City of Palm Desert an amount necessary to bring the Work into conformance with these requirements. NOW THEREFORE, this performance bond shall be retained by the City of Palm Desert and shall remain in full force and effect for the duration of demolition permit and for thirty days thereafter. If during that tame any of the following events occurs, the duration of this performance bond shall be automatically extended, and this performance bond shall be retained by the City of Palm Desert until Applicant's default is cured or until final disposition of all legal actions and claims, whichever occurs last: • The City of Palm Desert notifies Surety of Applicant's default • A legal action or claim is filed relating to this performance bond • The City of Palm Desert notifies Surety that it reasonably believes there is an impending legal action or claim relating to this performance bond. Notice to Surety shall be sufficient if mailed or hand delivered to Surety's address inserted where indicated above. This performance bond shall neither be void nor terminate upon Surety's payment of claims totaling less than the full amount of this bond, but may be used and recovered upon from time J. time until the full amount of this bond is exhausted. This performance bond is for the benefit of the City of Palm Desert and any person damaged as a result of any violation of the technical codes referred to in this performance bond. Principal and Surety and their heirs, personal representatives, successors, and assigns are jointly and severally liable for and bound by the obligations described in this performance bond. PERFORMANCE BOND FOR DEMOLITION Page 1 IN WITNESS WHEREOF the Applicant and Surety have duly executed this performance bond this 13t`. day of aJ 20 16 "APPLICANT": "SURETY`: BIGHOPN Golf Club By: By: Signa:�re o` Aooiicant or axhorize� agent Signature of Attorney-ir-Fact Ca. T. Cardlnalli P-int Name o` Sicne- Print Name of Signer Its: President Tile Ot Signer Its: President `itie of Signe- STATE OF CALIFORNIA )ss COUTY OF RIVERSIDE } On 13'.h 2016 , before me, a Notary Public, personally appeared BIGHORN Solf Club who proved to me on the basis of satisfactory evidence to be the person,s.t,0ose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his!her,`Lheir authorized capacity(ies), and that by his/he�r,;their signature(s) on the instrument the person(s). or the entity upon behalf of which the petsbn(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trud correct. WITNESS my hand,afid official seal. , Signature Sea; PERFORMANCE BOND FOR DEMOLITION Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary" pubiic c, otner officer complating this ce-tif!cate verifies only the identity of the !ndividua! who signed the docJment to which in! ce'?lf!caie !s armchad and not tie truthLiness, accuracy o- validi'v o, ihai oo--intent. I State of California 1 County of On �. bsfore iTla, I� ' D, �' ^L^( iti' r — Date Here Inset Name and Tirte�of the Officer personally appea'eo---- Name% of Signer's) who proved to me on the bass of satisfactory evidence to be the personsj whose namel(S) siae subscrbed to the within instrument and acknowledged to me that;heQshe.=t4ay executed the same in hislner�e:r authonzed capacity(t-*, and that by h_ s/ber.4,1 s F signaturejsj_on the instrument the aersonN- , or the entity upon behalf of w`iich the persons,) acted, executed the instrument. CDmmtsSiOn # 19769?2 Notary Publ:: - Caiilorma z zr�.� Riverside County j 4 N., Comm Exores Nap 2016 , . Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �rJiTNESS my nand and officia: seal. Signature- Sionature of Notary Public OPTIONAL Thougn 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: s� r,r :<.�;-i ,, 4:, ;=, ' 4 Document Date: 'dumber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — _' Limited = General Individua! - Attorney in Fact Trustee - Guardian or Conservator Other: Signer Is Representing: Signer's Name: = Corporate Officer — Title(s): Partner — _Limited =_ Genarat = Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: C2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) item 95907 4826 CITY OF PALM DESERT TREASURER'S RECEIPT FOR TRUST DEPOSIT DATE 5J 13A(-Y AMOUNT� O` (n�3 DEPOSITOR'S NAME---b10 ��(\Ca 1 Q-2 G 'ii�s :. �'�-a9CA_t" REASON FOR DEPOSIT PAAkk pjr1�SU_V1P�� a� QZe:t X RECEIVED BY CJ�UL v V`t��lc ACCOUNT NUMBER (circle one): 610-0000-228-XX-00 01 Deposit in Lieu of Bond 02 Monumentation 03 Monterey 170 QA Grading Bond P Demolition Bond Faithful Performance Bond 07 Misc. One -Time Deposit 08 Multi Species Mitigation I I Landscape & Lighting 24 13 Rent Review Commission 25 14 Candidates Deposit 34 15 Mitigation Fringe Lizard 39 16 Special Events 49 17 Wine & Art Festival 5010 21 Assessment Dist. Deposit - 60 23 Median ConstlLandscape IS THE DEPOSIT REFUNDABLE? YES X NO CONDUION5 TO BE MET BEFORE REFUNDING D Po�FI? Art Essay Contest Employee Donations PM 10 Deposit Athena Award Community Walk Planning Fee Deposit AMOUNT REFUNDAB&E DATE TO BE REFUNDED MAIL REFUND TO: h-'jr a 06\Tn Sie-s � , a aac� ----------------------------------- FINANCE DEPARTMENT USE ONLY DATE REFUNDED CHECK NO. AMOUNT NOTE: ATTACH TAPE SHOWING CALCULATION OF INTEREST EARNED, IF ANY. wHT-PAYOR GRN - TRUST ACCT CAN - ACCOUNTING PINK -NUM. CON71ZOL G.ROD -ISSUING DEPT. . ..,� _ . .. - ... t .; �.._: �.... .��.a,-m:wa.lrr:�.�a��c�rtapyT>s;r_cr�rrlarmarra'•�IRS�:k'::� � �� i,._, , . .. , , � ., i BIGHORN GOLF CLUB CONSTRUCTION a 255 :'all Dave '' � compassn Palm UI'vefC . 9:260 ;:.� rWv. "n (7001 ::nt-4fi53 PA;M ne�0;CA 1237u r .7auao L),(r (-],.1f.t 111 ' 05/13/16 004021 $330,000.00 PAY THREE HUNDRED THIRTY THOUSAND DOLLARS & 00 CENTS To CITY OF PALM DESERT THE 73510 FRED WARING DRIVE + ORDER OFQPALM DESERT, CA 92260 �a.uw._.a.e.. .:_ _ ,++-Wulw.3'_'i. Ct GIIC .SIJtti: L6iW.11 liu .I a .III I III "'00402111" 1: GOLF CLUB CONTMUC111ON 1 CTTY 07 1AIP DESERT 1llve4.e do 7—bote PO Number Refe—e a Audit No W,/13(lf 11.ey13r16 N/A CD4731 May 11/1E Chad Nn. 0010=) Gf U95 Amt Di—t/Nd Tar Net At 330,000.00 0.00 0.00 330,000.00 330,000.00 0.00 V.00 330,000.00 1:11::66t tt+l—Lv:f4Ti 15?U ICY IW /1'4?1^+-'M t14KJY I-cwtP IN U%A