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HomeMy WebLinkAboutRelease Maintenance Security Parcel Map 34211-1 Wilson, Johnson, SharpCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RELEASE MAINTENANCE SECURITY FOR PARCEL MAP 34211-1 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Wilson, Johnson, Sharp 45-445 Portola Avenue, Suite 5 Palm Desert, CA 92260 Firstbank 73000 Highway 111 Palm Desert, CA 92260 BOND NUMBER: 804-2475 DATE: October 27, 2011 CONTENTS: Maintenance Letter of Credit Vicinity Map Recommendation By Minute Motion, release maintenance security for Parcel Map 34211-1. Background The subject property is located north of Gerald Ford Drive between Cook Street and Pacific Avenue. A letter of credit for faithful performance and labor and materials, which was originally posted for the construction of street improvements on Technology Drive, was released in October 2010. A letter of credit 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 October 2010. 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 Parcel Map 34211-1 October 27, 2011 Page 2 of 2 Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Christina Canales, Assistant Engineer 14�� P ul S. Gibson, Director of Finance Approval: n M. Wohlmuth, City Manager CITY COUNCILACTION APPROVED_ DENILD RECEIVED _ i.�"d HER. Mark Green ood, P.E., Director of Public Works MEETING DATE , - - Cl AYES: - ad NOES: 1J Ord ABSENT: N U'� (L ABSTAIN: VERIFIED BY. --- Original on File with City Clerk's (Alce IRREVOCABLE STANDBY LETTER OF CREDIT Letter of Credit Number: 804-2475 Amount: U.S. $ 21,907.00 Itwenty one thousand nine hundred and seven dollars and zero cents U.S. DOLLARS) This Letter of Credit is issued on August 27, 2011 by Issuer in favor of the Beneficiary for the account of Applicant. The parties' names and their addresses are as follows: APPLICANT: MATTHEW JOHNSON 73134 Bel Air Road Palm Desert, CA 92260 SCOTT WILSON 45445 Portola Avenue Palm Desert, CA 92260 WILLIAM HAY 49455 Coachella Drive La Quinta, CA 92253 DENISE DUBARRY HAY 49455 Coachella Drive La Quinta, CA 92253 BENEFICIARY: CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260 ISSUER: FIRSTBANK 10403 W Colfax Ave Lakewood, CO 80215 1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank Letter of Credit No. 804-2475 dated August 27, 2011." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. 2. DRAWINGS. Partial drawings shall not be permitted under this Letter of Credit. "Draft" means a draft drawn at sight. 3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: A. The original Letter of Credit, together with any amendments. Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identity or authority of the person presenting the draft and such documentation. 4. EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at 6:00 PM Mountain Time 1Time) on November 27, 2011 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. 5. NON -TRANSFERABLE. This Letter of Credit is not transferable. 6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce Publication No. 600 IUCP), or any later version or amendment. This Letter of Credit is also governed by the laws of Colorado, except as those laws conflict with the UCP, ISSUER: FirstBan B David S. Harper, Date Matthew Johnson Standby Letter Of Credit CO/4Xckbourn00184400007454020081011 Y Wolters Kluwer Financial Services 61996, 2011 Bankers SystemsT" Page 1 TECHNOLOGY DRIVE STREET IMPROVEMENTS DATE: Q 9/2010 VICINITY MAP