The URL can be used to link to this page

Home My WebLink AboutRelease Security Percise Plan 07-01 Longs Drug Stores California, LLCCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE MAINTENANCE SECURITY FOR LONGS DRUG STORES CALIFORNIA, LLC (PP 07-01) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Longs Drug Stores California, LLC 141 North Civic Drive Walnut Creek, CA 94596 Liberty Mutual Surety 1001 4 h Avenue Suite 1700 Seattle, WA 98154 BOND NUMBER: 660343 DATE: July 14, 2011 CONTENTS: Maintenance Bond Vicinity Map Recommendation By Minute Motion, release maintenance security for Longs Drug Stores California, LLC (PP 07-01). Background The subject property is located on the southeast corner of Highway 111 and Deep Canyon road at 74527 Highway 111. A faithful performance and labor and materials bond, which was originally posted for the construction of the various public improvements, was released in June 2010. A bond was accepted for the one-year maintenance period as required by the Palm Desert Municipal Code. Staff has recently re -inspected this project to insure that all improvements remain as they were originally accepted in June 2010. The one-year maintenance period is now Staff Report Release Maintenance Longs Drug Stores California, LLC (PP 07-01) July 14, 2011 Page 2 of 2 complete and staff recommends that the City Council authorize the release of the maintenance obligation. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Christina Canales, Assistant Engineer Paul S. Gibson, Director of Finance Approval: John M. Wohlmuth, City Manager Mark Green ood, P.E., Director of Wublic Works CITY COUNCIL AC�TON APPROVED DENIED RECEIVED OTHER MEETING DATE -- AY ES: NOES:: AI3SI: ;,F. VC ABSTAIN: OLQ- VERIFIED BY: �1 YN1 Original on mile with City Clerk's Office r•�t MAINTENANCE BOND Bond 660343 KNOW ALL BY THESE PRESENTS, That we, Long Drug Stores California, L.L.C. as Principal, and Safeco Insurance Company of America a corporation organized under the laws of the State of Washington the State of California Waring Drive, Palm Desert, CA 92260 Liberty Mutual Surety 1001 4th Avenue. Suite 1700 Seattle, WA 98154 and duly authorized to do business in , as Surety, are held and firmly bound unto City of Palm Desert, 73-510 Fred as Obligee, in the penal sum of Twenty-five Thousand Four Hundred Twenty-five Dollars And Zero Cents (S 25,425.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the of Palm Desert for WHEREAS, said Contract has been completed, and was approved on day of June 1 2010 dated June 1, 2010 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of one year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this 1st day of June 1 2010 Long Drug Sto C nia, L. (Seal) (Seal) o (Seal) SEAL Safeco Insurance Company of America 195 , By Christopher R. Kelly Attorney -in -Fact Xop Safeco Insurance Company of America General Insurance Company of America Liberty POWER 1001 4th Avenue OF ATTORNEY Suite 1700 utualSeattle, WA 98154 No. 4271 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********DONNA K DOUCET, EDWARD R. FORD; PATRICIA A. HOPGOOD; CHRISTOPHER R. KELLY; CHRISTOPHER MCCARTY; LAWRENCE E. PARKS; DEBORAH J. THOMSON; PAUL WEITZ; BOSTON, MASSACHUSETTS***"**"***** its true and lawful attomey(s}in-tact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st day of March , 2009 — Dexter R Lego Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations, 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 < day of SEAL � �acr �r 191 a fx- _ads Dexter R. Legg, Secretary S-09740S 3/09 WEB PDF ACKNOWLEDGEMENT FOR SURETY Commonwealth of Massachusetts County of Suffolk I, Patricia A. Hopgood, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Christopher R. Kelly, Attorney -in -Fact of the Safeco Insurance Company of America who is personally known to me, appeared before me this day in person and acknowledged that she signed, sealed, and delivered the foregoing instrument as her free and voluntary act as Attorney -in -Fact of the for the uses and purposed therein set forth. Given under my hand and Notarial Seal this 1st day of June, 2010. Notary Public, Patricia A. Hopgood My commission expires: April 6, 2012 � a LONGS DRUG STORE-74527 HIGHWAY 111 47 Legend Circulation Network City Boundary Streets Palm Desert Parcels 1:2,862 Q Notes