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HomeMy WebLinkAboutRelease Maintenance Security PM 33736 Palm Desert Associates� � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST SUBMITTED BY: Release Maintenance Bond for Parcel Map 33736 Mark Greenwood, P.E., Director of Public Works APPLICANT: Palm Desert Associates 30398 Esperanza Rancho Santa Margarita, CA 92688 BOND COMPANY: Insurance Company of the West P.O. Box 85563 San Diego, CA 92186 BOND NUMBER: 2172914A DATE: CONTENTS Recommendation: May 7, 2009 Bond Vicinity Map By Minute Motion, authorize the City Clerk to release the subject maintenance bond for Parcel Map 33736. Discussion: Parcel Map 33736 is located on the northeasterly side of Dinah Shore Drive east of Monterey Avenue. At the time of permit issuance, a performance bond was posted with the City for grading and offsite improvements. The performance bond was released by Council action on December 13, 2007, and a maintenance bond in the amount of $9,557 was accepted in its place. The maintenance period is now complete. Staff has inspected the site and found it to be acceptable. Staff Report Release Maintenance Bond for Parcei Map 33736 Page 2 of 2 May 7, 2009 Therefore, staff recommends that Council authorize the City Clerk to release the maintenance bond for Parcel Map 33736. Submitted By: �I��fi",�.�► /� C � Christina Canales Assistant Engineer Approv : Homer Croy ACM for D e ment Services John . Wohlmuth City anager /CC Departm t d: Mark Greehwood, P.E. Director of Public Works Paul S. Gibson Finance Director CITY COUNCIL,ACTION APPROVF:D �� Di?NIF:D RF,CEIVED OT�fER MF,F,TING DATE •�'� �-�� AVE;s• �e s ��re, Fine�'-�r� �ie.11�.� � ���E�.L NOES: N �;�►�'. AI3SENT: � r�� � ABSTAIN: tiv��' VF.RIFIED BY: �' �>K f rr Originaf an File with City Clerk's �ffice C: �Documents antl Settingslblongmanllocal SerongslTempoiary Infernet FileslContent OuflooklSOFPEDYSISYa// RepoR Release Mainfenance �or PM 33736 docx I.C.W. GROUP �INSURANCE COMPANY OF THE WEST QEXPLORER INSURANCE COMPANY �INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real, San Diego, CA 92130-2Q4S P.O. Box 85563, San Diego, CA 92l 86-5563 (858) 350-2400 FAX (858) 350-2707 MAINTENANCE BOND Bond No. 2I72914A KNOW ALL MEN BY THESE PRESENTS: That, Palm Desert Associates, as Principal, and Insurance Company of the West, a corporation organi2ed under ttae laws of the State of California anc3 authorized to do a surety business in the State of California, as Surety, are held and frmly bound unto the City of Palm Desert in the sum of Nine thousand five hundred fifty-ftve and no/100 ($9,557.OQ), lawfui money of the United States of America, far the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admin�strators, successors and assigns, jointly and several}y, firmiy by these presents: SEALED with our seals and dated this 21 st day of November, 2007. � WHEREAS, on the 11/21/07, the said Palm Desert Associates, as contractor, entered into a�ontract for City of Palm Desert for the sum of Nine thousand five hundred fifty-five and no/100 ($9,557.00); and, WHEREAS, under the terms of the specifications for said work, the said Pa1m Desert Associates is required to give a bond for Nine thousand five hundred fifty-five and no/100 ($9,557.00), to protect the City of Palm Desert against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, name{y, until November 21,.2008. 4 NOW, THEREFORE, if the said Palm Desert Associates shall for a period of one year from and after the date of the completion and acceptance of same by said City of Palm Desert replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. � BY: C'i ��/c�c� � PRINCIPAL BY: � � Nancy P✓iadd ks �1TTOR1�tE x �• 1�1-FACT cN-�cw i�s �Troo� No. OODQ005 IC�V GROi1P Power oFAttomey Insurance Company of tAe `4Vest Exptorer Insurance Company Independeace Casualty and Surety Company KNOW ALL MEN BY THESE PRESfiNTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califomia, Explorcr Insurance Company, a Corporation duty organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (coIlectively referred to as the "Companies"), do hereby appoint GWY['IN D. THOMAS, NAI�ICX MADDOCKS, AUDREY LEWIS, AT.LCSON CHEN their true and lawful Attomey(s)-in-Fact with authority to date, execufe, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar coniracts of suretyship, and any related documenu. In witness whereof, the Companies have caused these presents to be executed by iu du[y authorized o�cers this i st day of November, 2005. ,.^.^'""'"~-•. E�Qur�+rrs�, /`�S��N ��,, 5�^�'�'a r ifQ.fµs'oRt'''�N �: r3 `�G S��,aot�roMTFe } 'la� �° 't`> p'�� u � x `� IIVSURANCE COMPANY OF THE WEST _ �y� o � SEAl. _� 3;� '� � � EXPLORER IIVSURANCE COMPANY `�'�+•+'�` ~ i �'�'�i� .j,ql� ° a ,�` INDEPENDENCE CASUALTY AND SURETY COMPANY ���'-�=N� 1-� r �yp S °�LFo1M�* '`w*��,_ ,,,% QA/� � }� ..�_....� ������ JeP&ey D. Swceney, Assistant Secretary State of California � ss. Counry of 5an Diego I�F%y . , � John L, Hannum, Facecutive Vice Prrsident On June 5, 2006 before me, Mary Cobb, Notary Publiq personalFy appeared 3ohn L. Aannum and Jeffrey D. Sweeney, personally Imown to me to be the persons whose names are subscribed to the within utstrument, and aclmowledged to me that they executed the same in their authorized capacities, and that by their signatures on the inshument, the entity upon beha[f of which the persons ucted, executed the instrument, Wimess my hand and official seal. � COR��i1.�■IM�90 � � � t1E�iAfiY SRN OI�GQ C�IiY � �SEPiEM6F.�i 20��� � Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is ganied and is signed, sealed and notarized tvith facsimile signatures and uats under suthority of the following resolutions adopted by the respective Boards of D'uectors of each of the Companies: "RFSOLVED: That the Presiden; an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Pact to date, e�cute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similaz contracts of suretyship, and any re[ated documents. RESOLVED FURTE�R That the signahues of the officers making the appointment, and the sigaaEuro of any officer certifying the validity and curtent status of the appoiniment, may be facsimile representations of those signatures; and the signaturc and seal of any notary, and the seal of thc Company, may be facsimile representations of those signatures and seals, azxl such facsimile repcesentations shalt have the same force and efIect as if manually affixed. The facsimile repraentations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICA'1'E I, the emdersigped, Assistant Secretary of Insurance Company of the West, F.�cplorer Insurance Company, and Independence Cesualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and ef%ct, and has not txen revoked, and thut the above resoludons were duly adopted by the respective Boards of Directors of the Companies, and are uow in full force. IN WITNESS WI�REOF, I have set my hand this a� �� day of i�4 ve M bQ.r , eCUU''1 . �w��� �� ��tiG I`L6� Jeffrey D. Sweeney, Assistant Secretary "Co yerfy �cha autheR3:city of t;�is °ower of Attome; you ntay calt 1-800-877-ll 11 rmd ask for the Surety Division. Please refer to the Power of Attomey Number, the above r,r�med �adivittuslis) and details_ of the bond to �vhicc the power is attached. For infocmation or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Rral, Ssrl Diego, CA 92i 30-3J45 or cafl (858} 350-2400. -- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 11/21/07 before me, Laura J. Rochambeau, Notary Public, personaliy appeared Nancy Maddocks, � personatly known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to rne that he/shelthey 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 pf which the person(s) acted, executed the instrament. ��„�w.,c....e... .... �q(Mq J. RC)C: r' 4�+1fstAU = Cammtssbn �l 1534844 � No1ary Public • Cali�ornia � 5an plego County My Comm. F�kes Dec 1�s. 2008� , � , � � WITNESS my hand and official seal. � ' � � ���PQ�..� _ Signature of Notary ---- ... ..........�.....:>.......;._...._........;......,_.:...:. - ;�.,� _ - ,,,. .�. ,..,... ...._. ...... . . _� . ............_.: �... ,............: ....-.....:,,... .... , � ..... , :,. �....,. ,..,.... .._..,.._......�....,_.. ,. ......�. <:..: <-. ..... . .. ... _.. . .. . _. , ,. � `� . . : , ,. �..�_,..,_,. . ....:. ..::... ........ .......... .: . ... . . . .:.:,>...�.>, ....�,-. v ._.... . .. -..: . . � ::...:.:...:...;�:�r>: `"": ,.. ,. . . , ... ...... . .. ... . . ... . ,.. ----- -�.... _..,...,. ... .... .. ...........:..:.. . . ,....,::.. ... „ . , .. . .. _ ,._ . . ,.. . .. ,..: , ::.:.<>..,g ..::. .. ....... ...:. _..,..:.:,...:..... q. . ... y Thou h the data below is not re aired b law, it may prove valuable to persons relying on the document and could prevant fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ MDIVCDUAL ❑ CORPQRATE OFFICER ❑ PARTNER(S) ❑ LIMITED � ATTORNEY-IN-FACT [] TRUSTEE{S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Palm Desert Assoc-Maintenance Bond CA-ICW 24 (7l00) Date: 4/15/2009 LOCATOR MAP PM 33736 I0500 Feet PARCEL MAP 33736