HomeMy WebLinkAboutRelease Security TM 34626 Upon Replacement Bond CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Release Landscape Security for TR 34626 Upon Receipt of
Replacement Bond
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
APPLICANT: WL Homes LLC
255 N. Rincon Street, Ste. 100
Corona, CA 92879
Bonding Company
Bond Safeguard Insurance Company
Bond No.: 5024759
1919 S. Highland Avenue, Bldg A, Suite 300
Lombard, IL 60148
DATE: August 9, 2007
CONTENTS: Vicinity Map
Recommendation:
By minute motion, authorize City Clerk to release landscape
security number 5024759 by WL Homes, LLC, upon receipt of a
replacement bond for TR 34626 by the landscape contractor.
Discussion:
Tract Map 34626 is located within the Community Facilities District 2005-1
(CFD), southwest of College Drive and easterly of University Park Drive. The
City required the master developer, Palm Desert Funding, LP, to post a bond for
landscaping associated with the subdivision.
At the time of grading permit issuance the sub-developer, WL Homes, LLC,
posted the bond with the City in care of Palm Desert Funding. Recently, a
landscape contractor, Sierra Landscaping, was hired by Palm Desert Funding to
do the actual landscaping. Therefore, Palm Desert Funding is requesting that
Release Landscape ends TR 34626
Page 2 of 2
August 9, 2007
the City release the bond posted by WL Homes upon receipt of the replacement
bond from Sierra Landscaping.
Therefore, staff recommends that City Council authorize the City Clerk to release
security number 5024759 by WL Homes, LLC, upon receipt of a replacement
bond for TR 34626 by the landscape contractor.
Submitted By: Department Head:
Bo Chen, P.E. Mark Greenwood, P.E.
City Engineer Director of Public Works
Approval:
II A
Homer Croy Paul Gibson
ACM for Dev_ •iiment Services Finance Director
CITY COUNCILCTION:
APPROVED DENIED
RECEIVED OTHER
Carlos L. Orte .
MEETI DATE
City Manager •
AYES: 0501.
NOES: U f'
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•
PERFORMANCE BOND Bond 6252910
Premium: $9,300.00
KNOW ALL BY THESE PRESENTS,That we, Sierra Landscape Co.
(hereinafter called the Principal),as Principal,and First National Insurance Company of America a corporation
duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly
bound unto City of Palm Desert
, (hereinafter called the Obligee),
in the sum of Five Hundred Eighty Thousand and no/100
($ 580,000.00 )Dollars, for the payment of which sum well and truly
to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally,firmly by these presents.
Signed and sealed this 19th day of June , 2007 .
WHEREAS,said Principal has entered into a written Contract with said Obligee,dated
for University Park — Phase 2 — Landscape Operations
in accordance with the terms and conditions of said Contract,which is hereby referred to and made a part hereof as if fully set forth
herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and
truly keep,do and perform each and every,all and singular,the matters and things in said contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and
reimburse to the above named Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part
of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced
within two(2)years following the date on which Principal ceased work on said Contract.
Sierra cape Co
�� /�Principal
By .' 6 6b(�Ll itz,
First National Insurance
Company of America
ByC` -45/L'Q
Diane Nielsen) Attorney-in-Fact
S-0757/GEEF 10/99
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside } SS.
On August 9. 2007 before me, S.DeLaet,NOTARY PUBLIC. personally appeared
GEORGE GONZALEZ, [X]personally known to me [ ]proved to me on the basis of
satisfactory evidence, to be the person() whose name is ar subscribed to the within
instrument and acknowledged to me tha h y executed the same in hi 'herhhl ir—
authorized capacity(jeg), and that by i signature$ on the instrument the
person, or the entity upon behalf of which the personi(s) acted, executed the instrument.
WITNESS my hand and official seal.
S. Ct T
Commission• 1723123
"h` Notary public -California;
Riverside. County
*Carrm.reqpiesfeb2,2011 ign ture of Notary Public
Capacity(ies) Claimed by Signer
Signers Name:
[ ] Individual
[X] Corporate Officer-Title(s): President
[ ] Partner- I] Limited 0 General
[ ] Attorney in Fact
[ ] Trustee
[ ] Guardian or Conservator
[] Other:
Signer is Representing: Sierra Landscape Co.
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON Tuhe Iq 1 ZOO, ,BEFORE ME, LINDA CURIEL, Notary Public
PERSONALLY APPEARED: DIANE NIELSEN
Capacity Claimed By Signer(s):
( ) Individual(s) ( ) Corporate ( ) Partner(s) `K Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator ( ) Other:
Personally known to me (or proved to me on the basis of satisfactory evidence)to be the person (s)
whose name(s)is/are subscribed to the within instrument& acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
LINDA CURIEL
WITNESS my hand and official seal. Commission# 1451765
a :` Notary Public-California
Z ors ^"- Riverside County
finda
� �
MyComm.Expires tiov 20.200:
Signs re Curiel,Notary
ALL PURPOSE-ACKNOWLEDGMENT
SAFECO Insurance Company
SAFECO PO Box WA 9
P Seattle,WA 8124-1526
FIRST NATIONAL SURETY
Bond 6252910
CONTRACT BOND -CALIFORNIA
PAYMENT BOND
KNOW ALL BY THESE PRESENTS,That we, Sierra Landscape Co.
and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the
State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto
City of Palm Desert
,as Obligee,
in the sum of Five Hundred Eighty Thousand and no/100
Dollars($ 580,000.00 ),
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 FOREGOING OBLIGATION IS SUCH,That WHEREAS,the above-bounden Principal has entered into
a contract,dated day of , ,with the Obligee to do and perform the following
work,to-wit:
University Park — Phase 2 — Landscape Operations
NOW,THEREFORE,if the above-bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of
the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor
performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the
wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with
respect to such work and labor,Surety will pay for the same,in an amount not exceeding the amount specified in this bond,and also,in
case suit is brought upon this bond,a reasonable attorney's fee,to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the
Civil Code of the State of California,so as to give a right of action to them or their assigns in any suit brought upon this bond.
Signed,sealed and dated this 19th day of June , 2007 .
Sierra Landscape Co.
Principal
&or &tizch; I ist ded-No premium is charged for this bond. It is executed in
connection with a bond for the performance of the
contract. FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By O U YJ '
(Diane Nielsen) Attorney-in-Fact
S-0816/FNEF 10/99 ®A registered trademark of SAFECO Corporation
FRP
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside } ss.
On August 9, 2007 before me, S,DeLaet,NOTARY PUBLIC, personally appeared
GEORGE GONZALEZ, [X]personally known to me [ ] roved to me on the basis of
satisfactory evidence, to be the personfrA) whose name( } is subscribed to the within
instrument and acknowledged to me t/ /she ey executed the same in Os/her/their
heir
authorized capacity(ia , and that by ll his/ ,1/lli�ir signature() on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
S. DEl/1ET Commission 11723123 it
i•.,t .■ Nglary Public -California
'19 , Riverside County _
�' oA Expires Feb 2,20l 1 Signature of Notary Public
Capacity(ies) Claimed by Signer
Signers Name:
[ ] Individual
[X] Corporate Officer-Title(s): President
[ ] Partner- I] Limited 0 General
[ ] Attorney in Fact
[ ] Trustee
[ ] Guardian or Conservator
[] Other:
Signer is Representing: Sierra Landscape Co.
STATE OF CALIFORNIA
}
COUNTY OF RIVERSIDE
ON S(Ahe_ I q, 2,001 ,BEFORE ME, LINDA CURIEL, Notary Public
PERSONALLY APPEARED: DIANE NIELSEN
Capacity Claimed By Signer(s):
( ) Individual(s) ( ) Corporate ( ) Partner(s) Of) Attorney In Fact
( ) Trustee(s) ( ) Guardian/Conservator ( ) Other:
Personally known to me(or proved to me on the basis of satisfactory evidence)to be the person (s)
whose name(s)is/are subscribed to the within instrument & acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
• LINDA CURIEL
WITNESS my hand and official seal. Commission# 1451765
• zfel.,,
Notar. Y Public-California
Riverside County
/ ! My Comm.Expires Nov 20,2007
Signatur$: C-/7i ( L/tx� -�'
L' da Curie!, Notary
ALL PURPOSE ACKNOWLEDGMENT
•
POWER First National Insurance Company of America
CO
OF ATTORNEY Safeco Plaza
Seattle,WA 98185
No. 10903
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
*******MATT COSTELLO;PAUL W.LEWIS;DIANE NIELSEN;SAL SANDOVAL;VAN G.TANNER;Palm Desert,California*******
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 14th day of May , 2007
STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant
Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or
evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Stephanie Daley-Watson ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney
issued pursuant thereto,are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force
and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this /9
# day of J MC , 2 .
SEAL e
I1928��.� ?x,, STEPHANIE DALEY-WATSON,SECRETARY
' Of wAs
S-1049/DF 4/05 ♦ • Safeco®and the Safeco logo are registered trademarks of Safeco Corporation.
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