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Home My WebLink AboutTM 33837-1 - Taylor Morrison - Release Bond CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Release Faithful Performance Bond for Tract Map 33837-1(Spanish Walk) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Taylor Morrison of California, LLC 15 Cushing Irvine, CA 92618 Bond Number: 104706985 Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 $1,607,061.00 DATE: February 12, 2009 CONTENTS: Bond Vicinity Map Recommendation: By Minute Motion, release the faithful performance bond for Tract Map 33837-1 (Spanish Walk). Discussion: Tract 33837-1 is located at the northeast corner of Frank Sinatra Drive and Gerald Ford Drive. It is within the site of the existing Emerald Desert RV Park. This first phase map provided for the creation of twelve lots for 390 residential condominium units and private streets within approximately 48 acres. Lot 13, having approximately 6 acres, is for 150 apartment units; and Lot 14, having approximately 1.4 acres, is for a future daycare facility. At the time of permit issuance, Taylor Woodrow (now Taylor Morrison of California, LLC) submitted a bond for grading and the majority of the off-site improvements. Since then many of the lots were sold, and there are now a total of four different owners within the site. When the other property owners begin improvements to their lots, they will be required to submit bonds. Staff Report Release Faithful Performance Bond for Tract Map 33837-1 Page 2 of 2 February 12, 2009 Taylor Morrison has completed their conditioned grading and off-site improvements for their lots. Their site has been inspected and found to be acceptable. The normal one-year maintenance bond is not required because a year has passed since the completion of improvements. Therefore, staff recommends that City Council release the faithful performance bond for Tract Map 33837-1. Submitted By: Depa ead: . � �1�i�� Christina Canales Mark Gre wood, P.E. Assistant Engineer Director of Public Works Approval� r`� Homer Croy Paul S. Gibson ACM for Development Services Finance Director � ` C1TY COIINCIL ACTION AFPROV�:D� �/ T��:��lt'1> _.�_ � J in cCarthy RF.CI�,IVED �)�i'4D�;Iz _.._.___._�_---.__ _. cting ity Manager MEF.TING DATE _ - � =.0. _ _�_____ AYF.S: � � er � ec�� N O E S: �l n e `��—`-----.____ - ----- /CC AI3SF.IVT:��LSbY1 ________. _ . ABSTAIN: �f1�- VERIF[FD [3Y: � ��_ _,.� Original on File with City Clerk's Of�icc *By Minute Motion, authorize release of �he Faithful Performance Bond and Labor � Materials Bond for Tract Map No. 33837-1 (Spanish Walk) . 6:IPub WorkslStaf/Reports120091February 12115 Release Bond for Spanish WaIkISR Release Perlormance Bond for TR 33837-1(Spanish Walk).docx ( 1 CITY OF PALM DESERT STANDARD FORM � SUBDIVISIQN FA1T�IFUL PERFORMANCE BOND BOND N0. 104706985 NAME OF SUB�IVISION: SPANISH WALK NAME C1F SUBDIVfDER: TAYLOR WOODROW HOMES NAME OF SURETY: T��S �II�TY �3D SURETY COMPANY OF AMERICA EFFECTlVE DATE: APRIL 3 2006 AMOUNT OF BON�: $ 'I,Q71,374,04 BOND NUMBER: # �a4�ob9s5 PREMIUM: $ i6,o�i.00 KNOW ALL MEN BY THESE PRESENTS: That the person, firm, corporation, entity, or otherwise, named on line 2 above, wi#hout regard to gender and number, hereinafter referred ta as PRINCIPAL, and the corporation named on Line 3 abave, a corporation authorized to do business in the Sta#e of Califomia and presently possessed of authority under Title 6 of the United States Code to do business �ander Sections 6 fio 13 thereof, in the aggregate amaunts hereof, hereinafter referred to as SURETY, are jointiy anci severally held and firrnly bound unto the Ciiy of Palm Desert, a municipal corporation of the State o# Caiifornia, hereinafter referred to as CITY, in the sum mentioned on Line 5 above, for the faithful performance of that certain SUBDIViSION IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 abave, as required by the provision of the Subdivision Map Act and CITY ordinances, reso[utions, ruies, and regulations, #or : i` . 2 the payment of whicFt sums weil and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administra#ors, executors, successors and assigns,jointly and severally, firmly by these presents. The condition of the foregaing obligation is such that if the said PRINCIPAL shal! faithfuily perform the covenants, conditions, and agreements contained in that certain SUBDIV1S10N tMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding fihe subdivision named on �.INE 1 of Page 1 hereof, which said agreement is by fhis reference incarporated herein, on its part to be kept and perFormed, in a manner and form therein specifed, and shall furnish material in compliance with the specifications and perform all #hat certain warEc and improvement in said CITY which is more particuiar(y described in said SUBDIVISION IMPROVEMENT AGREEMENT, fhen the obligation with respect to the faithful performance is by this reference incorporated herein. The said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the SUBDIVISlON IMPR�VEMENT AGREEMENT or to the work to be perFormed thereunder or the specifications accompanying the same shall in anywise affect its obliga#ions an this band, and it does hereby waive notice of any such change, extension of time, alteration or addition to #he terms of the SUBDIV(SION lMPROVEMENT AGREEMENT, #he work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enfarce this f�ond, SURETY shall pay CITY's reasonabie attorney's fees and court costs in connectian therewith. I 3 IN WITNESS WHEREOF, PRINClPAL and SURETY have executed this instrument an the date mentioned on Line 4 of Page 1 hereof. TAYLOR WOODROW HOMES, INC. PRiNCIPAL �-- L i �. PRINCIPAL �«E�� r�rcrE�$Er�, v,? SURETY ' TRAVELERS CASIIALTY AND SIJRETY COMPANY OF �MERICA SURETY �---- � BETTY L. TO ENTINO, ATTOR�IEX-IN-FACT (Notarial ackrtowledgement of execution by ALL PRINC(PALS and SURETY must be attached.) CALIFORNlA ALL-PURPOSE ACKNOWLEDGMENT r� ^_ : _.-.- �:-.,�. -.„�-� -.�.�.c.:F:�,--.-�.-�- ...- - - r..,-:- � -- - - -- <-e, ^" „_-:-�.�_�-.�.,:_ . . State of California � ' County of_�_��'�'�.(� ss. On ��} 5 ��,�0 before me, ��'�'�� .�7�'�.�1�C. —�► 1 —C�.r�-�+��1�� Date Nama and Title of tficer(e.g.,"Jana Doe,No ary Puhlic") J personaliy appeared �1 1 ��i�1 , 1�'�"� ' �'�" Name(s)of Signer(s) � `�personally knawn to me ❑ praved to me on tha basis of satisfactory evidence to be the persort(s)whose name(s} is/are subscribed ..�.-�... to the within instrument and acknowledged to me that KATRINA MYSLEWICZ he/she/fhey executed the same in his/her/their Commtsslon#1618693 � -� Notary Publlc-Catitotnio � authorized capacity{ies}, and that by his/iier/their san�tego counry signature(s) on the instrument the person(s), or the ��c��ntava,2o�Wy entity upon behalf of which #he person(s) acted, executed the instrument. � ! ESS my hand and official seal. p7ace Notary Seal Above � Stgnat r of No a � lic OPTlOIVAL Though the information below is not required by law,it may prove vaJuable to persons relying on the document and could prevent fraudulent remova!and reattachment of this form to another document. Descrip#ion of Attached Docurnent Title or Type of Document: Document Date: Number of Pages: Signer{s)Oiher Than Named Above: Capacity(ies) Claimed by Signer(s) 5igner's Name: Signer's Name: O Individual � Individual � Corporate Officer—Title(s}: ❑ Corporate Officer—Title{s): Cl Partner—� Umited ❑General ❑ Partner—� Limited ❑General � Attorney in Fact Top of thumb here � Attorney in Fact • .'. ❑ Trustee Top of lhumb here O Trustee O Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: • �4,- �',:. _; � ..:.L_'�ti-' _ .- ..•;;� ; --6_. _ :_�f:_. . _. . _.�_. .. �.:�. _ ,�v- , .. �2004 National Netary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313•2402v Item No.5907 ✓ Reordec Call Toll-Free 1-80Q-976-6827, I r CALIF4RNIA ALL-PURPOSE ACKN4WLEDGMENT State of California County of San Francisco On April.3,2006 before me;. Jariet C.Rajo,Notary;Public ._ , personallyappeared-�----- w ..__,__.._::BettyL.Tolentino- - -==--- -----`-- - �personally known ta zne- OR- ❑proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to nae that she executed the same in her aufihorized capacity, and that by her signature on tkze inshument the •��°f� JANET C. ROJ� .r- .�•:��•�•�. -o person or the entity upon behaif of which COMNt. #�1596035 � J :� �� NOTARY PUBLIC-CRLIFORNiA� the person acted, executed the instrumen.t. �. , J' SAN FRANCISCO C�UNTY -- � ,; � My Comm.£xpires Aug. 1 S,2009 WITNESS my harxd and official seal. � Signature af otary . 1 CITY OF PALM DESERT STANDARD FORM - SUBDIVISiON y PAYMENT BOND (LABOR & MATERIALS) Borm rro. la4�o69s5 NAME OF SUBDIVISION: SPANlSH WALK NAME OF SUBDiVIDER: TAYLOR WOODROW HOMES NAME OF SURETY: TRAVELERS CASIIAI,TY AND SIIRETY COMP�I3Y OF AMERICA EFFECTiVE DATE: APRIL 3 , 2006 AMOUNT OF BQND: $ 535,687.OQ BOND NUMBER: # 1.04706985 PREMIUM: $ INCLUDED IN PERFORMANCE BOND CH.ARGE. KNOW ALL MEN BY THESE PRESENTS: That the person, �rm, corporation, entity or otherwlse, named an Line 2 of Page 1 hereof without regard to gender and number, hereinafter referred ta as PRiNCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized #o do business in the State of Ca(ifornia and presently possessed of authority under Title 6 of the United Stafes Cade to da business under Section 6 to 13 thereaf in #he aggregate amaunts hereof, hereinafter referred to as SURETY; are jointly and sever�ly held and firmly bound unto and aI! materialmen, persons, companies or corporations furnishing materiaEs, provisions, provender or other supplies used, in, upon, for or abo�u# the pertormance af the work contracted ta be executed or performed under the terms of that certain SUBDIVlSION C:�WINNTITEMPInotesE1EF341Cabor Materials Band Subdivision(3).doc ' r � IMPROVEMENT AGREEMENT hereinafter mentioned and all persons, companies ar corporations renting or hiring teams or implements, or machinery, for contributing to said work to be done, all persons who perf'ormed worlc or labor upon the same, and all persons who suppfy both work and materials, and whose claim has not been paid by PRINCIPAL in the just and fufl sum mentioned on Line 5 of Paga 1 hereof for the payment whereof, well and trufy to be made, said PRINCIPAL and SURETY bind themselves, their heirs, adminisfrators, successors and assigns,join#ly and severally, firm[y by fhese presents. THE CONDITION OF THE OBLIGATION is such that whereas the above- bounden PRINCIPAL has entered into a SUBDIVISIQN iMPR�VEMENT AGREEMENT with the City af Palm Desert, a municipa! corporation of the State of Cafifornia, hereinafter referred to as CITY, for the construction of public improvements in the subdivision named on Line 1 of Page 9 hereof, which said SUBDIVISI�N IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above-bounden PRINCIPAL, con#ractor, person, company or corporation, or his or ifis subcontractor or subcantractors, � fails to pay for any materials, provisions, provender, or the supplies, or teams used in, upon, for, or about the performance of the wark contracted to be done, or for any work or labor done thereon of any kind, or for amoun#s due under the Unempioyment Insurance Act with respect fio such warfc for labor, SURETY on #his bond wi(I 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 reasonabfe attorney's fee C:\WINNIITEMP\notesEl EF341Labor Materials Bond Subdivision(3},doc f 3 which shall be awarded by the cour� to the prevaifing party Pn said suit, said attorn�y's fee to be taxed as costs in said suit and to be included in #he judgment therein rendered. This bond is executed and filed to comply with the provisions of #he Subdivision Map Act; and all CITY orcfinances, resoluti�ns, rules and regulations supplemental thereto; and ai1 amendments thereto; and shall inure to the benefit of any and all materialmen, persons, companies or corparations entitled to �le claims under and by virtue of the provisions thereof. 1N WITNESS WHEREOF, PRINCIPAL AND SURETY have sxecutecf this instrument the date mentioned on Line 4 of Page 1 hereaf. TAYLOR WOODROW HOMES, INC, PRINCIPAL � PRWCiPAL Ctil�a�,Z,�'�', k,(t�,��u6tr1�{V��• �'RAVELERS CASCFALTY AND SITR�GTX COMPANY O�' dMERICA SURETY SURETY BETT'Y I,. �o�Er�x�t�o ATTORNEY-IN-FACT {Notarial acknawledgement of execution by ALL PRINC(PALS and SURETY must be attached.) C:1WIt�1AfI1TEMP�notesElEF34Uabor Materials Bond 5ubdivision(3).doc CALIFORNI/� ALL-PURPOSE ACKNOWLEDGMENT *;.'-, . . .,C\h.. _ _.;C�__ "_ _ _ _ ,�_ _ _n'.S�`_^:'._ _ _ _ _ _ _.,,,""(�'_ �..j'�.f�.' ":y.;_^. State of California .. ' County of �� • � ss. On � ^. ��Q before me, � �� "��C� i i�� (.�.�}�� ,, Date Mame and Till o!OHicer(e.g.,"Jane Ooe,Notary Pub[ic"} personally appeared ��. � 1 � , Name(s)of Signer(s) �personally known to me �proved to me on the basis of satisfactory evidence to be the person(s)whose name�s) is/are subscribed � �i�q�,ny�,� to the wifhin instrument and acknowledged to me that Commtasiort�1618d93 he/she/they executed the same in his/her/their � ..,. nta►av��-C� � authorized capacity(ies), and that by his/her/their snn pte�o coumy signature(s) on the instrument the person(s), or #he rr�ycomm.�eallovd. entity upon behalf of which the person(s) acted, executed the instrument. WlTNESS my hand and official seal. � Piaoe Natary Seal Abrne � Signature of otary PuNic OPTIONAL Though the information below is not required by law,Jt may prove valuable to persons relying on the document and could prevent fraudulent remova!and reatfachment of this form to ano►her document. Description of Attached Document Title or Type of Document: Document Date: IVumber of Pages: Signer(s)Other 7han Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ lndividua[ ❑ Individuai O Corporate Officer—Title(s): ❑ Corporate Officer—Title(s}: D Partner—� Limited O General - O Partner—❑ Limited ❑General ❑ Attorney in Fact Top of thumb here 0 Attorney in Fact Top ot�humb here 0 Trustee ❑ Trustee ❑ Guardian or Conservator C7 Guardian or Conservator 0 Other: ❑ Other: 5igner Is Representing: Signer Is Representing: � �.>_:� �s, � — _�.� _ _>-�,W � �v�-� �v� _ ..: .:.;;.� � � _ .�_ � �.:,�s��s� _� ,.. _ _ _ _ _ �^u:yc;--< m 2004 Nationa{NotaryAssociation•935�De Soto Ave.,P.Q.Box 2402•Chatswortb,CA 31313-2402 Item No.5907 Reorder.CaN Toll-Free 1•800•876-6827 r ' CAL�FORNIA ALL-PURPOSE ACKN4WLEDGMENT State of California County of San Francisco On April 3,2006 before me; . ` Janet C.Rojo,Notary Public; personally appeared=- --- - - -Betty L.Talentino - ------- -- -- Opersonally known to me- OR- ❑proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the satne in her authorized capacity, and that by her signature on the instrunnent the person, or the entity upon behalf of which �� ;',,;?�nf .IANET C. ROJO °"" af`�� \• COMM. #1596Q35 ro the person acted, executed the instrument. �,�j :(gm: ��; N07'ARY PUBLIC-CALIFORNEA� t3. � J' SAN FRANCISCQ C0�1NTY :�,;o,,,. My Comm.Expires Aug.18,2009 ~ WITNESS x�ny hand and official seal. ��/1� � - Signature of Notary ! TRAVEL?'�"CASUALTY AND SURETY COMPANY OF! �RICA � 'T ELERS CASUALTY AND SURETY COMPA. FARIVIINGTON CASUALTY CUMPANY Hartford,Connecticut 06183-9062 POVVER OF ATTORNEY AND CERTII+ICATE OF AUTHORTTY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRE3ENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMFANY and FARMIIYGTON CASUALTY CUMPANY, carporations duly organized nnder the laws of the State of Connecticnt, and having their principal offices in the City of Hartford, Couniy of Hartford, State of Connecticat, (hereinafter the "Companies") hath made, comstituted and appointed, and do by these presents malce, constitute and appoint: Susan Hecker, Swan Lee,M.Moody,Betty L, Taleatino,Maureen 0'ConneTl,Cyuthia L. Lewis,Janet C. Rojo, of San Francisco, Caiifornia, their true and law�ul Attoruey(s)-in Fact, with full power and authority hereby canferred to sign, execate and acknowledge, at any place within the United States, the following instru.menf(s)_ by his/f►er s�le signature and act, any and all bonds, recognizances, cantracts of indemnity, and other writings obligatory ut the nature of a bond,recognizance,or conditional undertaking and any and a!1 cansents incident thereto and to bind the Companies,thereby as fully and ta the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact,puzsaant to the authority herein given, are hereby ratified and cori�irmed. This appointment is made under and by authorify of the following Standing Resolut�ons of said Companies,which Resolutions are now in full force and effecf: VOT'ED: ThaE the Chaimian,the President,any Vice Chairmai�,any Exect�tive Vice Pmsident,any Senior Vice President,any Vice Aresident,any Secand Vice President,the Treasurer,any.4ssistant Treasurer,the Catporate Secretary or any'Assistaatt Secretary may appoint Attorneys-in-Fact and Agents to act for aad an behalf of the company and may give such appoinEee such authority as his or her certificate of authority may prescribe to siga with the Campany's name and scal with the Company's seal bonds,recognizances,contracts af indemnity,aad offier writings obligatory in the nafure of a bond,recogni7ance,or cnndiitional undertaking,end an,y of said officers or the Board of Diractors at any fime may remove any such appointee and revoka the power given him or her. VOTED: 'I'hat the Chairman,the Presiden�, any Vice Chauman, any Execuflve Vice President,any Senior Vice President or any Viee Presideztt may delegate all or any part of the foregoing authority to ane or more officers or employees of this Cortipany,provided that each such delegafion is in writing and a copy thereof is filed in the of�ce of.the Secretary. VOTED: That any bond, recognizance, contract af indemnity, or writing obligatory in the naturc of a bond, recognizance, or conditionai usidertaking shall be vaIid and binding upon the Company when(a)signed by#he President,any Vice Chairman,am Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer,any Assistattt Treas�trer,ihe Corporate Secretary or any Assistant Secretary and duly attestod and sealed with the Compeny's seal by a Secretary or,Assis�tant Secretary,or(b)duly executed.(under seal,if requireci}by one or more Attomeys-in Fact and Agents pursuant to the power prescribed in tus ar her certificate or their certif cates tif suthority or by one or more Company afFicers pvrsuant to a wcitten delegation of authority. This Power of Attorney and Certificate of Antharity is signed and sealed by facsimi[e(mechanical or printe�under and by authority of the follovring Standing Resolu#ion voted by the Boards of Directors of TRAVELERS CASUALTY AND SIIRE1`Y COMPANY OF AMERICA, TRAVELERS CASUALTY AND. SURETY COMPANY and FARMINGTQN CASIIALTY COMpANY,wl�ich Resolution is now in fvll force and effect: VOTED: That the si�ature of each of fhe foliowing officers: President, any Executive Vice Preside�tt, any Senior Vice President,any Vice President,any Assistant Vzce President, any Secretary,any Assistant Secretary,and the seat of the Company may be a�xod by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries orAttorneys-in Fact for purposes only of executing and attesting bands and undettaicings and other writings'obligafoiy in the nature thereof,�and aay such power of attorney or certificate bearing such facsicnile signature or facsimite seal shall be valid and binding upon the Companq and any such power so execttted and certified by such facsimile siguature and facsimile seal shall be valid and bindin$upon the Company in the futtue with respect to any bond or undertaking to which it is attached. 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