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Home My WebLink AboutRelease Maintenance Security TM 32420 Brava Dvlpmnt Group LLC � CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE MAINTENANCE SECURITY FOR TRACT 32420 (BRAVA) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Brava Development Group, LLC 73081 Fred Waring Drive Palm Desert, CA 92260 Insurance Company of the West P.O. Box 85563 San Diego, CA 92186 Bond Number: 2126124 DATE: November 18, 2010 CONTENTS: Maintenance Bond Vicinity Map Recommendation By Minute Motion, release maintenance security for Tract 32420 (Brava). Backqround The subject property is located on Country Club Drive between Monterey Avenue and Portola Avenue. A faithful performance and labor and materials bond, which was originally posted for the construction of the various public improvements, was released in November 2009. A bond was accepted for the one-year maintenance period as required by the Palm Desert Municipal Code. Staff recently re-inspected this project to insure that all improvements remain as they were originally accepted in 2009. The one-year maintenance period is now complete and staff recommends that the City Council authorize the release of the maintenance obligation. Staff Report Release Maintenance Security for Tract 32420 (Brava) November 18, 2010 Page 2 of 2 Fiscai Analysis There is no fiscal impact associated with this action. ; Prepared By: Departme H d �1��.�� r��:� � Christina Canales, Assistant Engineer Mark Greenw d, P.E., Director of Public Works Paul S. Gibson, Director of Finance A v �' Jo n M. Wohlmuth, City Manager CITY COUNCIL ACTION APPROVF.D �� n1�.N1ED RECEIVED OTHI�:I2 MEF,TING DATE — ��'��%�� AYES: -'�.�"c�1l��PC�US��,rocr rl ��l,F�rIF�'��l NOES: /v�-+'"�� AI3SENT: Nun�. ABSTA[N:-��o�� VF.RIFIED BY: �� ` Original on File with City Clerk's ftice I.C.W.GROUP �INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURA,NCE COMPANY DINDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92I86-5563 (858}350-2400 FAX(8S8}350-2707 MAINTENANCE SOND Bond No.2126124 KNOW ALL MEN BY THESE PRESENTS: That, Brava Development Group, LLC, as Principal, and Insurance Company of the West, a cozporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, aze held and firmly bound unto the City of Palm Desert in the sum of Twenty Five ThQusand One Hundred Seventy Five Dollars and no Cents ($25,175.00), lawfui money of the United States of America, for the payment of which surn well and truly to be made,we hind ourselves,our heirs, executors, administrators,successors and assigns,jointly and severally,firrnly by these presents: SEALED with our seals and dated this 12th day of November,2009. WHEREAS, on the 10/Q4/2004, the said Brava Development Group, LLC, as contractor, entered into a contract for condominium development for the sum of Two Hundred Fifty One Thousand Seven Hundred Forty Nine($251,749);and, WHEREAS, under the terms of the specifications for said work,the said Principal is required to give a bond for Twenty Five Thousand One Hundred Seventy Five Doliars and no Cents($25,175.00),to protect the City of Palm Desert against the result of faulty materials or workrnanship for a period of one year from and after the date of the cozz�pletion and acceptance of same,namely,until November 12,2010. NOW,THEREFORE, if the said Brava Development Group,LLC 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 whet?;�er resulting from defective materials or defective workmanship, then the above obligation to be void;otherwise to remain in full force and effect. Should it become necessary for the City to institute a lawsuit or any other legal action to eaforce the terms and conditions of this bond, the costs of said proceeding including attorneys` fees shaIl be awarded to prevailing party. BY: v� � _ t � ,�t.Vlt� �, \ B •_�.,� __ � ;�.��i�lsen ATTOR:�E'Y-IN-FACT GN-[CW 163(7l00) STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON Nav�,nbcr !2+?�oq ,BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me on the basis of satisfactory evidence-to be the person (s) whose name(s)is/are snbscribed to the within instrument & acknowledged ta me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatnres (s) on the instrument the person{s), or the entity upon behalf of which the person {s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of Calzfornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L�INDA R�CHA ; Commisslon# 1777932 � X ;-� „ Nniary Aubllc-Caftfomla � Z '� " Rlvefside County � SigriatlIl' : � ��3,2011 i a Rocha,Notary ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PIIRP�SE ACKNQWLEDGMEMT 5tate of California County of ��v`�-'r'Si d �- On 11 �z-J_�a�j__ before me, �Q-��RCL �-E�r�to�, �No'�Aru �lx..b�iG , Da� Here Insert Na e and Tille ot the icer personally appeared �vc1 t.� C.`o�'ct k-�.C,rrerc` Name(s)ot Signer(s) � who proved to me on the basis of satisfac#ory evidence to be the person(,s`S whose name(�} is/�a�e subscribed to the within instrument and acknowledged to me that he/shef�h��r executet! the same in his/her,�eir autharized capacity{�, and that by his/�eir signature(a� an the instrument the person(�, or the entity upon behalf of AAM NACD MII which the person(,s'j acted, executed the instrument Cpalmisfion I 1�'t5Tt6 ��-�� I certify under PEfVALTY OF PERJURY under the laws �� of the State of California that the foregaing paragraph is �0�' �s �� true and correct, WITNESS m and and offici seal. Signature Place Nolary Seal Above Signa ure of Notary Public OPTIONAL Though the information below is nof required by law,it may prove valvable to persons relying on the document and could prevenT fraudulent remoua!and reattachment of fhis fr�rm fo another document. Description of Attached pocument Title or Type of Document: 17ocument Date: EVumber of Pages: Signer{s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's fVame: ❑ (ndividual Olndividual ❑ Corporate Of�icer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Partner—� Limited 0 General ❑ Attorney in Fact . � �' �Attorney in Fact � � Trustee Top of thumb hsre �Trustee Top o1 thumb here O Guardian or Conservator �Guardian or Conservator O Oiher: ❑ Other: Signer Is Representing: Signer Is Representing: �2007 National Notary Assceialion•935D De Soro Ave.,P.O.Box 2402•Chatnvorth,CA 9t313•2402•wvrvr.NationalNotary.org Item z590� Reorder.Call TOI4Free 1-BOP876-6827 : rro. oaaaz�a ICFV GROUP ' PoweroiAriorncy' Insurance Company of the West Explorcr insuraocc Company Independence Casualiy and Surcty Company KNOW ALL MEN 8Y THESE PRESENTS:. T'hat Insurance Company of the West,a Corporation duly nrganiz�d ander the laws a£the State of California, Eaplorer Insurance Company;a Corporation duly organized under the IaHS of the Stace of Califomie,and independence Casualty and Surety Company,a Corporation duly orgnnized under the EaHS of the Stafe of Texas;(collectively referred to as the"Companies");do hereby appoint PAllL W,LEWIS,ANN WILLARD,DIAT3E M.NIELS�N their t�e and lawful Attomey(s)-in-Fact with authority to date,execute,sigi,seal;and deliver on behalf of the Companies,fidetifp and surety boads,undertakings,and othar similar contracts of suretyship,and any related documenis. in w�tness�vhereo£,the Compunies have caused these presenLs Yo be execdted by its duly authorized officers this 2nd day ofJanuary,2008. -' -,- i�Qur�xro� �,{kasurt4Nc�:-, , .s�-,��,'�b ,, n \r, o r,i,� ,�4.�o°�i¢��° cF�f�1+� 1�,' a�,��oRron�r� 4 # a r . � l� INS[JR.AtiCE COh'IPANY OF Tli��VES'C Y : � ot�SEAL��b f� ,�t � a �'� EaPLORER I\'SUR.ANCE COAfPANY "+�t,iat� ' o.;'e ,a a i,at 1�i�� c�`�o�µ .f.��f°�N�ky*2�, :�o,.,� a ��af� TnDEPEI�`DE�iCECASUAL'E'YAI�'DSL'RETYCOhiPANY �` :�� `�'` ��,�.�.-��-�. �G't€�� C1�itza�� ,�!�� ; , '�r� � Jeffrey D.Sweeney,Assistant Secretary, 7I Dou�las Bro��ne,Seitior Vice President StntaofCalifornia,�':' : }ss. ,. �: Cbanty oFSan biego : On i4tay 21;2DQ9,before me,loAnn Pache,Notary Public,personally appeared J.Douglas Bro�time und Jcffrcy D.Swecney,who proved to me on the hasis of satisfactory evidence to be the person(s)H�hose name(s)is/are subscribed fo the ahlhin instruciment,and acf:nowiedged io me lhat they e�:ecuted the same in their authorized capacities;and [hat by their signazures on the inslrument,the enlity upon behalf of which tha persons acted;ezecufed ihe.insWment. > I cectify under PENALTY'0�P�RJURY under lhe taws ofUie State of Culiforoiu that the tore�oing paragrepli is We and correct. Witncss my hand and official seal. �� r ., J(�A�N P�l�HE � �r r �OY�RY�P�IB��$4�4 ' R'Sr ��-; ~`'�-�-i��...--. P!) �.tC-CJ1!!Ft?R�llAfp � S11N Dl�C):Cat1N1Y ; � My,Commtssia� es a�'AlL3I�'20�i '3� '� JoAnn Pnche,Tlotary Public ItESOLUT[OI�S ` This Power oCAttomey is�,anted and is signed,sealcd and notarized witF�Cacsimi]e signamres and seals under authority of the following resolutions adopted by[he respective Boazds of Directors oCeach oflhe Gompanies: "ItESOLVED. That the Presidcn�an E�ecutive or Senior Vice President of the Company,rogether with Qie Secretary or any Assistant Secretary,are hereby authorized to execute Po�vers of Attomcy appointing the person(s)nained as Atiomey(s)-in-FacEto datc;execute;si�i;seal;and deliver on 6ehalf ofthe Company;fideli[y and surety bonds,�ndertaking§,end othersimi]az contracts ofsuretyship;and aoy rela(ed documents R�SOLVED FIJRTHER. That the signntvres of the officers ma};ing the apFiointment,and the s�gnahtre of any officer certifying thc validity and current status of the appoinfinent;map be facsimile rapresentations of those signatures;and the sigiature and seai of any notary,andt6e seat of the Company,may ba facsimile repiesentations of those signatures and seals;and such facsimite iepresentations slimli havc tlie same force and effect as if manually af£xed. The Tacsimile representations referied to herein may be aftixed b��stzmping;printing;typing,or photocopying," CERTIFICATG [,the undersigned,Assistant Secretary of Inaurance Company of the West,Explorer Insurarice Company,and Independence Castiaity and Siirety Company,do hereby certify thaf the foiegoing Power oFAttomey is in Cull force and effect;'and has not been revoked,a�id thaf the above resolotions were duly adopted by t}ie respective Boards of birectors of the Companies,and are now in full force. : ; : TN WITNGSS WI�REOF,I have set my hand th�s }L* duy of_n�,Q��'1')�Y , �, <..�% f' �' C, �y�'`��`�� ,��'� leEtrey D;Siveeney;'Assistan!Sec:etary' ' To verify the sutEienticiry of this 1'ower of Atfomey yoa may call 1-806-877-1]11 and ask for the Surety Division. Please refer to the Power of Attomey Number,the above nnmed individual(s)and details o{the bond to�ifiic3e Ehe po�ver is attached' For infonnation br ftlin�claims;please contact Surery Claims;ICW Group, 11455 Ll Camino Rea1,San piego,CA 92130-2045 or call(858)350-2400, i MILKY sr � � a �. � � � w � a u, � � v � 4 TR 32420 " ; � STRADA NOVA � V1A Q BARBATO ��TE CORTE �]�`�{ �'��(t � SOLE SAN MARCO ��rJ`-�� G rVtA-MATTINA 5 � I�� Mo�oN � � ~ 'S�'�'ADq FORTIJ�A g,q�ViA GfORNA—W - z�� I�� VIA"ALBA—q � CQRT� �� i�� T+ r' r�"' � � tn r �1%IA_FORTUNA ��et a �— v � �a �� DESERT G � � � i � � �� O�� '�<F'�► rqQ` Q V/A SAN M � � sU,� $�G �srcxrR�F � ��" ��'O 4^T J Vt �� '�' �� 4 N I�+ .� N W C � �Q' p � � ORCH/DTREE JrvP 4 MO�NFLoW�� T 4�C.��( > C'� Qo G�O�Y�D�,� LOCATOR MAP � `� TR 32420 � ��;; - �, 'PyA� ��,y'�' DAT E: e ��'INFORMP�� /7nn� 'I inrh - d(1(1 fcct vr��r.ri-ry nnnn