HomeMy WebLinkAboutSR - R23390 Phase II Dvlpmnt Release of BondsPALM DESERT REDEVELOPMENT AGENCY
�3fdS2:14261Yl
REQUEST: AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE THE
FOLLOWING, UPON COMPLETION OF ALL CONTRACTUAL
CRITERIA FOR THE FALCON CREST PHASE II DEVELOPMENT:
1. ACCEPTANCE OF PHASE II AT FALCON CREST
(CONTRACT NO. R23390) WITH COMDYN PD, LLC FOR THE
DEVELOPMENT OF BOTH THE FALCON CREST AND LA
ROCCA VILLAS PROJECTS
2. RELEASE OF PERFORMANCE BOND ASSOCIATED WITH
PHASE II OF THE FALCON CREST, NOT AFFECTING THIRD
PARTY RIGHTS
3. ACCEPTANCE OF THE 10% MAINTENANCE BOND FOR THE
PHASE II
4. ACCEPTANCE AND EXECUTION OF QUITCLAIM AND
ASSIGNMENT
SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
DEVELOPER: COMDYN PD, LLC
2800 28T" STREET, SUITE 206
SANTA MONICA, CA 90405
U.S. SPECIALTY INSURANCE COMPANY
625 THE CITY DRIVE, SUITE #305
ORANGE, CA 92868
DATE: DECEMBER 13, 2007
CONTENTS: PERFORMANCE BOND NO. 1000750765
MAINTENANCE BOND NO. 1000750765
QUITCLAIM AND ASSIGNMENT
Recommendation:
By Minute Motion, that the Agency Board authorize the Executive Director
to execute the following:
1. Accept Phase II (Lots 30-45, inclusive, Lots 51-58, inclusive, and Lots
89-94) at Falcon Crest;
2. Release the Performance Bond No. 1000750765 for Phase II, not
affecting third party rights;
Staff Report
Acceptance of the Models Phase and Phase I- Falcon Crest / La Rocca Villas
Page 2 of 3
December 13, 2007
3. Accept 10% Maintenance Bond No. 1000750765 for Phase II; and
4. Authorize Executive Director to accept and execute the Quitclaim and
Assignment.
Executive Summary:
Due to the limited number of Agency Board meetings in December 2007, the Agency is
requesting that the Executive Director be granted the ability to execute the following:
Acceptance of Phase II, Release of Performance Bond No. 1000750765, Accept 10%
Maintenance Bond No. 1000750765, and execute the Quitclaim and Assignment, after
review by both City/Agency staff and the Agency's legal counsel. The construction of
the Falcon Crest/La Rocca Villas has been segmented into phases with each obligated
to have an associated Performance Bond for 100% of the work in that phase. Upon
completion, as defined in Section 1.4 of the Development Agreement, the phases are to
be accepted through partial certificates of completion after the following has taken
place: Criteria outlined in Section 1.4 are close to being met, and the 10% maintenance
bond has been accepted. Certificates of Occupancy have been issued for the units
encompassed in this phase, and the criteria outlined in Section 1.4 have almost been
accomplished for Phase II. This action is solely for the work defined in Phase II, the
Performance Bonds for the site work and Phase III remain in place until completion is
reached for each. The Payment Bonds associated with this phase will be released
through California Law and statutory regulations. The release of this Performance Bond
does not pertain to third party rights.
Discussion:
On July 14, 2005, the Palm Desert Redevelopment Agency Board awarded a contract
with ComDyn PD, LLC for the development of affordable housing on the 20-acre site,
currently known as Falcon Crest and the La Rocca Villas.
The construction contracts between ComDyn PD, LLC and Community Dynamics have
been broken down into five contractual phases. The site improvements, the Models
Phase, Phase I, Phase II, and Phase III. Each phase is obligated as per Section 7.3 of
the Agreement to have a Performance Bond for 100% of the work in each phase. Once
the criteria, as defined in Section 1.4 of the Development Agreement, have been
accomplished, the work is to be deemed complete. This criterion includes: Written
Certification from the Architect, issuance of Certificates of Occupancy, the receipt of any
unconditional stop notices, and recordation of the transfer to owner of all the
developer's title interest and rights in the site and any warranties and guarantees
relating to the site. Upon receipt of all of the above for Phase II, and verification by both
Agency/City staff and legal counsel, the Executive Director will accept Phase II at
G \rda\Cathy Walker\Word Data\STAFF REPORTS\ComDyn Staff 121307 doc
Staff Report
Acceptance of the Models Phase and Phase I- Falcon Crest / La Rocca Villas
Page 3 of 3
December 13, 2007
Falcon Crest; release the Performance Bond No. 1000750765 for Phase II; accept 10%
Maintenance Bond No. 1000750765 for Phase II; and accept/execute the Quitclaim and
Assignment. Because the construction has been phased, the completion of each will be
taken into consideration upon individual completion. The Performance Bonds for the site
work and Phase III will remain in place until all contractual obligations have been met for
each phase.
Agency staff recommends authorizing the Executive Director to execute the following
upon completion and review: Acceptance of Phase 11, Release of the Phase II
Performance Bond, Acceptance of the 10% Maintenance Bond for Phase 11, and
execute the Quitclaim and Assignment. The Maintenance Bonds have been reviewed
and approved by the City Attorney.
Submitted By:
6w"Z&Z�L--
Catherine Walker
Senior Management Analyst
mh
Approval:
G
J tin McCarthy, ACM development
Carlos L. Ortega, Executive Director
Department Head:
ave Yrigoye
Director of;
S. Gibson, Director of Finance
BY RDA
oN
VERIFIED BY U-y" ( [)�r-o )
Original on file vAiith City Clerk's Office
G:\rda\Cathy Walker\Word Data\STAFF REPORTS\ComDyn Staff 121307.doc
BOND NOo 1000750765
PREMLiRi: $124,773.00
THE AMERlCAN INSTITUTE OF ARCHITECTS
�.1����!/�
�-:�;� ,
•. �r�.,.
',�;,:-,:,y- -
„��.,
r
Ala Document A312
T� �![�AL P�i�iWtE�l iS
������? QF� TF�
��it�►� �C�hETRRCT �
Performance Bond
Any singular reference to Contrac�or, Surety, Devefoper or other party shall be cansidered piutal where applicable.
CONTRACT�R (Name and Address):
Co�nnunity Dynamics, Inc.
2800 28th St., Suite 206
Santa Monica, C'A 90405
DEVELOPER (Name and Address):
ComDyn PD, LLC
2900 28th 3t., Suite 206
SanCa Monica, CA 90405
CONSTRUCTION CONTRACT
Dab�:September Sth, 2006
Amount $4,490,908.48
Description (Name and LocaUan)
SURE'TY (Name and Principal Place of Business):
U.S. Specialty Ineurance Company
625 The City Drive, Suite 305
Orange, CA 92868
Falcon Creat Phase II: Construction of 30 Single Family Homes and
Related Site Constructinn
BOND
Date (Not earlierthan Construction Contract Date): March 9th, zoo�
/qmpUnt $4, 490, 908.48
ModificaUons to this Bond: ❑ None
CONTRACTOR AS PRIPICIPAL
Gom�an�y. (Corporate Seal}
CamnuniT.y Dynamics, Iac.
�
Signature• � ►
Ndme and,��: j, a.2��. ' F�ta�-c. �.. �-�c,��lt+�1'
(Any atldlti��n�! s�gnatures appear an page 3)
SURETY
Company: .
II.&. Specialty
Signature�
Name and Tide:
(FOR lN�ORMATION ONLY -!Ilame, Add�ss and Telephone)
AGENT or SROI�R:
Commercial Surety Bond Agency
I411 N. Batavia, Suite 111
Orange, Cl+ 92867
(714) 516-1232
�See Page 3
(Corporate Seaq
Insux ce Compau;�
�
Paul S. Dito, Attorney--in-Fact
AW DOCUMQif A312. PERFORNWNCE BONII AND PAYMENT BOPtD • DECE6ABER iBB4 ED. . A41 � . ._ -
THE AMERICAN MISTTfUTE OF ARCHITECTS, 1795 NEW YORK AVE, N.W., WASH(NOTON, O.C. 20008 A312-1984 1
THIRD PFtINTHVG. MARCH 1987
California All-Pu
State of California
' � ss.
County of �,o s �,�gc e�
On 3- � z�v`1
(Date)
personally appeared
before me, M��e.TFFA ��t�CiERi Nor�ta.�! �u 6� I�
Name, Tit(e/Capacity, Notary �'ublic
L.o QCN B �o �N
Name of Signer(s)
�Personally known to me
-OR-
� .. �.�,�;
y �.; "�' MAFi7HAAl1AALB�H�" �
`.� �,�,; ��ON 16217 4.,� �.
Pta�oc.usor�w
,� � �sN,�e.�oowrr "
•..,�, ,;�. �'t�►mi. � Nv� 14, 2009 �
._...... ,._�.:.�M.,�
Place Notary Seal and/or Any Stamp above
❑ Proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
she/he/they executed the same in her/his/thei� authorized
capacity(ies) and that by her/his/their signature(s) on the
instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
�,G�Gf�
Signat re of Notary Public
Optional Information
Law does not require the information below. This information could be of great value to any person/persons relying
on this document and could prevent fraudulent and/or the reattachment of this document to an unauthorized
document(s).
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT B�OIa � I�O.
DATE OF DOCUMENT
SIGNER(S) IF DIFFERENT THAN ABOVE
OTHER INFORMATION
CAPACITY CLAIMED BY SIGNER IS�
SIGNER(S) NAME(S)
C7 INDIVIDUAL
0 CORPORATE OFFICER
Title(s)
❑ PARTNER(S)
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
IoQo75o 76S
NUMBER OF PAGES
;�r:���:: >Rr::'r�1���.
;:>::<b�:��� �t ;::: : ,>; ti�`s�t��: >
TOP OF THUMB HERE TOP OF THUMB HERE
NAME OF PERSON(S) OR ENTITY(IES}
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
ss.
On � , before me, �dith Garibav , Notary Puba ir _ ,
Daie Namo anU Tille ol OI(icer (o.g.,'Jane Oce, Nolary Puhhc")
personally appearetlPaul S. Dito ------------------------
Name(s) ol5igner(s) �
�+ EOITH GARIBAY �
� � COMM. # 1468�i39 �
NOTARY PUDUC CALtFORNIA o
;i ORANCiE COUNTY ^�
My cort►m. expires Feb. 7, 2008 ��
. . ..`..j,� `.. , . , ,
Place Notery Seal Abrne
IXI personally known to me
Cl 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 he��X executed
the same in his/�i��� authorized
capacity(j�, and that by hislh��c
signature� on the instrument the person(�), or
the entity upon behalf of which the person(�)
acted, executed the instrument.
WITNESS m nd and official s I�"
Signel e o( Nol Public
OPTIONAL
Though the rnlormafion below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaftachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bond No . ,
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
O Corporate Officer — Title(s):
� Partner — � Limited O General
� Attorney in Fact
❑ Trustee
O Guardian or Conservator
O Other:
Top ot thumb here
Signer Is Representing:U. S. Specialty Insurance Comnan� ._.__ _. '•
� i
ssd5�`�ss�a`S�s'�u,'S�,^��. S�srL.^cu, � � � �,n�s�ts'�u^�NLcs�cs'�.'�tss.�(.'�icsYu;`�c9s�.nwst.�C,'�c,^s�:'�tS�:Wsr2'0
O 1999 NeMonel Nolary Assalallon • 9350 De Solo Ave., P.O. Box 2402 • Chalewarth, CA 91913-2402 • www.nalionaholary.org Pmd. No. 5907 Reortler. Cell ToN-F�ee 1•BOO�B7fi-6827
1 The Cortiractor and the Surety, JofnBy artd severally, bind
themselves, thelr heirs, executors, administrators,
successors and assigns fo the Developer fior the
performance of the Construction ConUact, which is
incarporated herein by ref�erence. .
2 If the Corttractor perForms the Construcilon Contract, the
Surety and d�e Contractor shat[ have no obfigafian under
this Bond, e�ccept to partiapate in conferences as provided
in Subparegraph 3.1.
3 If there is no Devefoper Default, the Surety's obligafion
under this Bond shall arise after.
3.9 The Developer has notified fhe Cortitracior and the
Surety at its eddress described in Paragrapt� i 0 below
that !he Developer is considerfig dacfaring a Contractor
Default and ttas requested and attempted to arrange a
conference vaith fhe CoMractor and the Surety to be
held not later than fiitee� days after reoeipt of such
nofice to discuss metfwds ofi performing ihe
Construction ConUact. If the Developer, the Contractor
aitd the SEaety agree, the Confractor shall be allowed a
reasonable time to per%rm t�e Construdiort Corttract,
but such en agreement she11 not waive the Develope�s
right, if arry, subsequerrtly to dedare a C9ntractor
Defaui� end
3.z The Devebper has dedared e Cc�rrtrador Oefau(f
and firmaUy tertninated the Contrado�s rigM to
complete the contract S�ch Corrtractor Defsutt shad
not be dedared eartier than twenty days after the
Contractor end the Surety heve received notice as
provided 'm S�paragraph 3.1; a�d
3.3 The Developer has agreed to pey the Balanoe of
the Contract Prtce to the Sca�ety In accordenoe with the
be�ms of the Conshvction Corrtract or to a contractor
se(ecbed to perform the Consbrudion Contract !n
accordance with the terms of the contrad with the
Developer.
4 When the Deveioper has satisfiad the conditlons of
Paragraph 3, fhe Suriety shall promptfy and ai the Suret�s
expense take one of the following actlons:
4.1 Arrange for the Contractor, with consart of tha
Developer, to pertorm and complete th� Cor�struallon
Canhac� or
4.2 Undertake to perfarn and complete the
Conslrucbon Contrad itsetf, thraugh its agents or
through independent cor�trectors; or
4.3 Obtain 6ids or negotiated praposals from qu�fied
co�fractors ecceptable to the DavelopeC fer a COntract
for perfo�mance and comptetEon of 1he Construction
Coritrad, arrange %r a contract to be prepared for
execuaon by the Devefoper and the contrador
s�lected witti the Develope�s conwmenee, to be
secutsd wkh perFormarxx� and payment bonds
executed by a quatified surety equivalent Eo ihe bonds
issued on �e Consiruction Contract, and pay to the
Developer the amaurn of damag� as desrnbed in
Paragraph 6 v� excess of the Salanc� of fhe Confrad
Price incurred by the Developer resuiting from the
Con#ractors default; or
4.4 Wah►e ffs rlght to perform and compleD�;, artange
for campleffon, or obtain a new aa�ractor and wtth
reasonable promptness under the arcumstances:
.1 After investigation, determine the amount for
which it may be liabte to the Developer and, as
soon as practicable aRer the amount is
determined, tendar paymerrt therefor to the
Developer; or
.2 Deny liability in wiwte or in part and notify the
Developsr c�ting rsasor�s therefor.
5 If the Surety does not proceed as prov{ded in Paragraph
4 with reasonabfe promptness, the Surety shaU be deemed
to be in deiauH on fhis Sond fifteen days af� t�eceipt of an
addlUonal written �otic� from the Developer to the Sarety
demanding that fhe Surety perform tts obliga�ons under
tF�is Bond, and the Devdoper shali be en6tled to en�Orce
any remedy available to the Develaper. If the surety
proc�eds as provided in Subparayraph 4.4, and the
Developer refuses the peyme�t tendered or the Surety has
denied �abfllty, In whole or in part, without fuRher nofioe the
Deveioper sha![ be entit(ed to enforce any remedy avallable
to the Developer.
6 After the Developer' has terminated ihe Contractar's right
to complete the Construdion Contracf, and if the Surety
elects to act under Subparagraph 4.1, 42, or 4,3 above,
then the responsibfl[ties of the Surety to the De�ebper
shall not be greater than tllase of the Contracbor und� the
Const�uction Contraci, and t�e responsli�fties of the
Developer to the Surety sha8 not be greater than those of
the Developer under ffie Consirucfion CoNract. To the
Ifmlt of the amount of this Bond, but subject to commitrtient
by the DeveJoper of the Balance of the Contracf Price to
miGga6on of cosfs and damages an the ConsfrucHon
Contract, the Surety is obtigabed wiihout duplication for.
fi.1 The responsbilities of the Contracbor for correc8on
of de%ciive work and compleetion of the Conshuction
Contract;
fi.2 Addilional legaf, design praiassionat and delay
costs resulUng irom t#�e Contractors Defsu�, and
rEsutfing irom the actions or fallure to act of the Surety
under Paragraph 4; and
6.3 liquidated damages, or lf nQt Itquidated damages
are speafied in the Construciion Contract, ac6ual
damages caused by delayed pertormance or non-
perfom�anoe of the Contrador.
7 The Surety shall not he iiabla to the Developer or others
for obligatlons of the Corttractor that a� unrelated to the
Construdion Contract, and tfie Balance of fhe Co�ed
Price shall not be reduced or set off on accamt of �y
such unrelated obligations. No right of action sfiall accrue
on this Bond t� any parson or entity other than the
Developer or its heirs, executors, administretors ar
successors.
8 The Surefy hereby walves noSce oF any ct�ar�ge,
induding changes of tune, ta the ConstrvcUon Contract or
to releted subco�tracts, purc�ase ordsrs and other
obUgatlons.
9 Any proceeding, legal or equitable, under this Bond may
be instih�ted in eny court of competent jurisdic�ion in the
loqtion in wMch the wa�lc a part of the work Es lucated and
shall be inssfituied within two y�rs after Contradar Default
or wiaun iwo years aftec the Cor�or ceased worldng or
within two years after ths Sunety, refuses or feits to perfiorm
fts obligatlQns under thls Bond, whichever oaurs first. If
the provisions of this_ Paragraph are void or prohibiied by
taw, the minimum period of im�atlon aveilabie to surefies
as a dafensc in the jurisdictron of fhe suit shall be
appC�cable.
AUI DOCIiMEFITA3t2. PERFORbfANCE BOND AtVB PAYBAENT BaND . OECEi�fBER �984 ED. . AFA �
THE AMER[CAN INSTfTUTE OFARCHRECTS, 1735 NEW YORKAVE, W.W., WASHINGTON, D.C. 20006 A312-�5�
'f7aU3tl PRINSINC,.IAARCN 1AA7
!0 Notice to the Surety, the beveloper or the Contractor
shall be mailed or delivered to the address showr� on the
signafure page.
44 When fhis Bond has been fumished to comply with a
statutnry or other lega! raquirement in the focation where
the construction was to be perfarmed, any provision in #his
Bond conflicting with said sfatutory ar legal requiremenf
shail be desmed deleted herefrom and provisions
oonforming fo such statutory or other legal requirement
shafl he deemed incorporated herein. The irttent is that
this Bond shal{ be construed es a statutory band and not
as a common law bond.
'f2 DEFIfQITtONS
121 Balance of the Contract Price: The toial amouM
payable by the Developer to the Corrtractor under the
Co�dion Contraci aiter afl proper adJustments
have been made, indud)ng allowance to the
Contractor of any amounts raceived or to be recaived
by the Deveioper !n settiement of ins�aance or other
clalms for damages fo which the Contractor is entIttied,
reduced by all vaNd and ptoper paymerrts made to or
on behelf of the Contractor under the Consfiruction
Contract.
#2.2 Construction Contract: The agreement beiwen
the Developer and the Contractor iden 'hfied on the
signa6ure page, induding all Coniract Documents and
changes thereto.
12.3 Contractor Defiault: Fallure of the Cantractor,
uvhlch has neither been remedied nor waived. t�
peiform or otherwise to compty with fhe terms of the
Construc6on Coniract.
12.4 Developer Default: Fatlur�e of the Devefoper,
which has neither been remedied nor watved, to pay
the Corrtractor as requfred by the Constru�tian
Contract or to perform and complete or compEy ti+rith
tF�e other terms thereof.
(Space is provlded betow for addlUonal signatures of added parties, other than those appearing on the correr page.)
CONTRACTOR AS PRINCIPAL
Company. (Corporate Seal}
1
� j� �p
� � I�L �L {
Signatwe; �1, � 1 _
IName ana i�le% t �•e.��- '�jLt—L ��
Addtess: �.s�/rt ' z S' � q-�l -�- �
�JZ:.�.n::.. �i.�i-'.��C.c,.�/' L�(l.'`l�'>
SUREfY
Company:
U.S. Specialty
S�gnature�
Name and Tttle:
��j�e�q:625 Th
Orange ,
(C�rporate Seal)
Inaurance Company
�
Paul S. D1to, Attorney-:n-�'act
e City Drive, Suite 3U5
C�: 92868
A!A DOG+JM1tR1C A372 • PERFORMANCE BOND APID PAYMENT BOND . DECEMBER 1�4 F�. • AIA �
THE AMeRiCAN RJSI'ITUTE OF ARCHtTFCTS, t735 NEW YORKAVE., P1.W., WASHIWGTON, D.C. 20006 A312-1984 3
TH�2D PRINTINO • MARCFI 1987
Califomia All-Pu
State of California
Ncknowl
� ss.
County of �05 �NGE��"�5
On 3- I�-D� before me, �A-2T�� /-�Mf�L1�E(L.T NdTNc2y �u CiLIG.
(Date) Name, Title/Cap�c�ity, Notary Public'
personaily appeared � n�iJ l� L, oC. H
Name of Signer(s)
� Personally known to me
-OR-
y -:..... , , , ,. Mpff THAAMALBE�
'' p�1�lON 1 fa21143 �
� q,
�aouMv
� p,�r(+�rm, 6preePbr,14, 2009 �
Place Notary Seal and/or Any Stamp above
LJ Proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged tc, me that
she/he/they executed the same in her/his/their authorized
capacity(ies) and that by her/his/their signature(s) on the
instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
�r��
Signature of Notary Public
Optional Information
Law does not require the information below. This information could be of great value to any person/persons relying
on this document and could prevent fraudulent and/or the reattachment of this document to an unauthorized
document(s).
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT �QW n
DATE OF DOCUMENT
SIGNER(S) IF DIFFERENT THAN ABOVE
OTHER INFORMATION
CAPACITY CLAIMED BY SIGNER (S�
SIGNER(S) NAME(S)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
Title(s)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
C7 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
A10. IOc�D �so�h.S
NUMBER OF PAGES
��5�?�I3�R� ; ; R7:'����1�lT
<: :o�:��l��t�:.. ; : t�`Sic�t+�t� i� <;.
TOP OF THUMB HERE TOP OF THUMB HERE
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Staie of California
County of Orange
ss.
On � IQ `�� , before me, �dith Garibay. Notary Pu�� � �_ _
Daie Namo and Tille ol 011icer �e.c�.,'Jane Uae, Nolary F'ublic')
personally appearetlPaul S. Dito ---------------------------_
Nama(s� ol Signer(s)
I _ _ --. �-' D� ARIB63 r
, COMM. # 1468
'- NOTARY PUSLIC CALIFORNIA o
pRANGE COUNTY �
j N1y comm. ezpires Feb. 7, 2006� t
. . . . :+�s , • '
Place Notary Seal Above
[Xl personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(� whose narne�) is/�
subscribed to the within instrument and
acknowledged to me that he��x executed
the same in his/�(�� authorized
capacity(�, and that by his/M��
signature� on the instrument the person(�), or
the entity upon behalf of which the person(�)
acted, executed the instrument.
WITNESS my n official s .
SignaWre ol No Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on Ihe document
and could prevent iraudulenf remova! and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bond No . � -�j
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
O Corporate Officer — Title(s):
❑ Partner — f� Limited ❑ General
� Attorney in Fact
� Trustee
O Guardian or Conservator
❑ Other:
Signer Is Representing: U. S. Specialty Insurance Co�nanv __.__ _
Tap ol thumb here
m 1999 Neqonal Nalery Assarlwn • 835D De Solo Ave.. P.O. Box 2402 • Chalswohh, CA 91JI3•29U2 • w�wi.naiionak�olary.urg Prod. No. 5907 Raatler C�II ToH•Free 1•tl00�816-6827
SOND NO. 1000750765
�'� �'l4�AL � . ..:�Ri[.3� tS
�'�l��a�E� C�� T!�
F#�E. CQh�iRRC't ��E
Contractor's Payment (Labor and Materials) SURETY SOND
WHEREAS, the ComDvn PD, LLC ("Ohligee") and Communitv Dvnamics, Inc., ("Principal") have
entered into an agreement dated Sentember 5�`, 2006, and identified as Falcon Cresl Phase II:
ConstrucNon of 30 Sin�le Familv �iomes an�i RPlated Site Constructiou, which is hereby referred to
and made a part here of, whereby Principal agrees to install and complete certain designated public
improvements; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the
performance of the work to file a good and sufficient payment surety bond with the Obligee to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code of the State of California.
NOW, THEREFORE, Principal and U.S. Snecialtv Insurance Comnanv, as Surety, incorporated under the
laws of the State of Texas, and duly authorized to transact business as aa admitted surety, under�the La.ws
of the State of Califomia, are held and firmly bound unto Obligee in the penal sum of Four Million Four
Hundred Ninetv Thousand Nine Hundred Ei�ht and 48/l Od Dollars ($4.490.908.48), for the payment
whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and
assigas, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal, Principal's subcontractors, heirs, executors,
administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations,
referred to in Section 3181 of the California Civil Code, as amended, with respect to any work of labor
performed or materials supplied by any such persons, companies, or corporations, which work, labor, or
materials aze covered by the above mentioned agreement and any amendments, changes, change order,
additions, alterations, or modifications thereof, or any amounts due under the Calitfornia Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Departnnent from the wages of employees of the
contractor and his subcontractors pursuant to Seciion 13020 of the Unemployment Insurance Code, as
amended, with respect to such work and tabor, the Surety will pa.y for the same, in an amount not
exceeding the sum herein above specified, and also, in case suit is brought upon this bid security, the
Surety will pay a reasonable attorney's fee to be fixed in court.
It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all
persons, companies, and corporations eatitled named in Section 3181 of the California. Civil Code, as
amended, so as to give a right of aetion to them or their assigns in any suit brought upon this surety bond.
The Surety hereby stipulates and agrees that no amendment, change, order, addition, alteration, or
modification to the terms of the agreement of to thc work to be performed thereunder or the speciiications
accompanying the satne, shall in any way affect its obligations on this surety bond, and it does hereby
waive notice of any such amendment, change, change order, addition, alteration, or modification to the
tertns of the agreement or to the work performed thereunder or to the specifications accompanying the
same.
IN WITNESS WHEREOF, this instcument has been duly executed by the Se�rety above named on March
� 2007.
U_S. Specialty Insurar►�e �Company
� � __�
Paal S. Difo, At�oriey-in-Fai,t
Community Dynamics, Inc.
- ; ;� ��l
�� ��--��-�� -�%�
��-o��._ �L�-��:` � �-;��.{:��vr:.� -
California
State of California
1I � ss.
County of �Q S tt�N GF� FS
On �- l 2- 0'1 before me, M/�-R.T'N-�4 � M�c..a�-nr Iv oT1� 2 U Pi.taLl C_
(Date) Name, Title/Capacity, Notary Public �
personally appeared L,p 2G1J �.�- �oc�k —
Name of Signer(s)
� Personaliy known to me
-OR-
' ��y,+� � . . . � .
, l: .
/ 4�: rif�•%� ��� -� �i`: � •
_�,�' ,�-• •r • •r '�-
��-; _ '
„� .: � : : ..
..if � ��• ;
Place Notary Seal and/or Any Stamp above
U Proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged tc, me that
she/he/they executed the same in her/his/their authorized
capacity(ies) and that by heNhis/their signature(s) on the
instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instn.iment.
WITNESS my hand and official seal.
��'l��k �..
Sig ature of Notary Public
Optional Information
Law does not require the information below. This information could be of great value to any person/persons relying
on this document and could prevent fraudulent and/or the reattachment of this document to an unauthorized
document(s).
DESCRIPTION OF ATTACHEO DOCUMENT
TITLE OR TYPE OF DOCUMENT I 000 7$O �� S
DATE OF DOCUMENT
SIGNER(S) IF DIFFERENT THAN ABOVE
OTHER INFORMATION
CAPACITY CLAIMED BY SIGNER �SR
SIGNER(S) NAME(S)
C7 INDIVIDUAL
❑ CORPORATE OFFICER
Title(s)
❑ PARTNER(S)
CI ATTORNEY-IN-FACT
0 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
�ON� hi0.
NUMBER OF PAGES
�- >�M�<: R�- �:t�S���'�lN� .
ti�:9i�N�t �#':::': "` #�'8t6�F�<#�: `; .
TOP OF THUMB HERE TOP OF THUMB HERE
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORN(Q ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
ss.
On ,� I�7 , before me, Edith Garibav, Notary public
Uaie � Name md Ttlle ol Olficer (e.c�., "Jann Doe, Nolary PuMic')
personally appearedPaul S. Dito ------------------------
Name(s) ol Signer�s)
�._�.,,�y
'I t EDITH GARIBAY �
s COMM. # 1488639 g
� NOTARY PUBLIC CALIFORNIA o
j ORANGECOUNTY N
_ MV �omm. expires Feb, 7, 2008 ��
� . , � , ��• i „ . , , ,
Place Nolary Seal Above
IXI personally known to me
CJ 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 he��X executed
the same in his/�g� authorized
capacity(�, and that by his/i���{
signature� on the instrument the person(�), or
the entity upon behalf of which the person(�)
acted, executed the instrument.
WITNES and o '�ial seal.
atur I Nolary Public
OPTIONAL
Though fhe information 6efow is nol required by 1aw, il may prove valuable to persons relying on the document
and could prevant fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bond No . � � ��'
Documeni Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
O Corporate Officer — Title(s):
❑ Partner — O Limited O General
�I Attorney in Facl
� Trustee
D Guardian or Conservator
❑ Other:
SignerlsRepresenting:U•S. Specialty Insurance �omnanv -_._�_
Top ol lhumb here
O 1999 Neuonal Nolery AssaclaUon • 9350 De Solo Ava., P.O. Box 2402 • ChalswMh, CA 91313-2402 • wwv�.neGmamoiary.org Piod. No. 5907 Reatlec Call ToN�Free 1-800�876-6827
- = _ - _ = - _ = — - — --= = � � �,�l�i,� '+'_'` • . :+� - .,. ,,, ,,,,,
- , �4� —_= —= =
,. ��., i ��1 ' �� 1 �tkt�,i��� �� ��� � _ = == = = __ .
' _ = _ = _-- -
___ __ -_-_- _ � . . � � ER Q�:: �''� y '�%�� �k � 1� 4����;�����.�3��� ���,r, --..-= = =-- --
— _ _=__ __ _ = ��'��� used w����,�o�ehalf o�P �`Y MSUR E COMI'ANY) �*;e
= ==- . � ` � _� � -. == _. � -. �� "� � �,
- — �now Alli4feir �by These Presents That U.S. SPE�iAL.T-�_ �SURAIV�� ��t��� (the `��� ��oration �; ";s�
� -- - — — — � �'
organiz�e a existing h� s��the State���s; �� f��g its=�ri��l-�Yr�ouston�rt`�s �iity, �xas, does by
l�� - e �ake, � q j;l s � �°, u�� � � - - � - _ _ --
`� � Erik Johansson or Paul S. Dito of Orange, California =�- _- ==
���} 'a --__ --_ _-----_- _
its tru la . orney(s).' ' owe � r ��j by con���=��place and stead, to execute,
=— ac ' ry, , r any gn'n���n�i��°�'s or other instruments or contracts of sure shi to
h' P
-- s incku�� d; ndmen ;�` and consents of surety, Providin the bond not
- � -; *****�*********•* *******r****.***s �lars ($ ** * *** a t any �
Seven Million
futly and to the sam�:ext�t�f' � bon��e��e Pre � e corp 1 ompany an du y �
=�_-�_�
4 its Secr� ��i �_ _ g an� __ �—_= E� the sa� ey m- act may do in the premises. Said appointment
{��`��I � � ' er and ��r�'�ie� llowing resolutions of the Board of Directors of the U. S. Specialty Insuran Co =-=
� i -
Be it Resolved, that the President, any Vice-President, any Assistant Vic - ' e tary or hall be v full -�_
power and authority to appoint any one �� s�e �ns as Att t nt and Co o ing --
_ _ provis� _ _ � � � � �� , '
== Attc�e __—_� n fiill � ��r �d in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
===. reco ; o�t�agreements or indemnity and other conditional or obligatory undertakings and any and all noticcs and documents canceling or terminating the
`- — Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if si ed the ident � i j�
and sealed and effected by the Corporate 3ecretary. fk E�� �
Be lt Resolved, that the signahue of any_autl�qr' ffica.�and seal o p�'��e or her of atto ting �l ��
thereto by facsimile, and any power o� _bearing � I�i� ��imile se _ v i ng upon o any with respect to
any �u�i� which it i�� (� _-= animo �e�r,o'��lieirof ineeting on July 7, 2003.)
�== _��
�� -_
� --= --
�����, I —��,�J. S. SPECIALTY INSURANCE COMPANY has caused these presents to be ' e y its Sen' �e �~'_ _�
� President, and its corporate seal to be hereto affixed is day of A', �� � �_�_- -
— _ — '� � � �
_ _ �c�te Sea� � � � � . . Y INSURANCE COMPANY
= = �'-�� � �� � � � � T ��'� gy — -
y y == —_
_- -�-� -- � � _���� =�;
+ ,� , � - � �� _ --
- s��C � "r �� ���� I
_ �i �.��Ies s� �� Robert F. Th S' ' e Presi
_ � — —= � = ���
__� = — ��� ��� � �
' Sth d j i'� ore me ��l � bert c, II i� �own, who, eu►g by me duly sworn, did depose
t hat� � ge les, r� m a,� i a t� ie is Senior Vice Presi dent of U.S. SPECIALTY INSURANCE COMP ��
�� any descri ed in and which executed the above instrument; that he knows the seal of said Co — affix �
said instrument is such corporate seal; that it was so affix by der of the� � rs of th —� —� he si ��
his name th to by like ��� � �_ � = �� � � — — �-
� . _ ����� Nota i
C.om�sbn # 1406149 � �� ���
�yR�'�� �=-�. �Iy com� i h 18
»> —= =_- - _ — }$�����
I� ���hil�����k, � � + — __ — - � � � � � �
I, Jeannie Kim, Assistant Se�re _of� S. SPE CE C d ce d foreg� ��
�� �rrect ttorn � omp � ll force an effect; furthermore, the
=���i __ _e Bo t in th�wer of Attorne are in full force and ei%ct.
�— ���� � y - �
In W'tness Whereof, I have hereunto set��:�ed the ��� _y at „ 'a this��
h — __ =- = = � �
�E �i p� � l "� �_ —= � � _ __ _ � _ ��
���, ��I�1 �_
'�a 1�h�:1��, �y —= = - - � _ _ - — —
;'� o orate Seal ,��-�!
� y �� �
= _ — � � �'2
- _ _ _ �_� _ a �
- = = — — °' �o� �
� � �. "� � ����
tA� ��+� rs rq� �� •�� �I� r+ -- -- -
2"s 0.'?I � . � ,��.
�: ; �`= �, .
Jeannie Kim, Assistant Secretary
Bona No. t�'1 '� lv� �
� .�52-,�--
�� �
= —_. �ncy Na�'T _.._ _ �� �� � .
� ���R k
� � �' ��� � � � , ����„����4���� - _
�� ��� �
�
� � �, "� � .�.y -_ POA111 � � .
_ - _.. :�i "� 9�
BOND NO. 1000750765
-s,�..���,,.,��,���� ..�.,�d��_..�.�.,�,,.�,�.,.,�.:,��..,a��„u ��,��.�e�,,.r,�.�z_����,�r��.,,�� ���...,�.
CR7
U. S. SPECIALTY INSURANCE COMPANY
9841 AiRPORT BO[JI.EVARD, 9TH FLAOR, LOS ANGELES, CA 90045 (310) Cx19-0�0 FAX (310) 649-0416
MULTIPLE OBLIGEE RIDER
To be attached to and form part of Bond Number 1000750765
with �•S. Specialty Insurance Company
Community Dynamics, lnc.
ComDyn PD, LLC
for valuable consideration, hereby agree respectively in connection with a oontract for
Falcon Crest Phase II: Construction of 30 Single Family Homes and Related Site Construction
as Surety,
as Principal, and
as Obligee,
which bond and cont�act are made a part hereof by reference, shall now inGude as additional Obligee(s)
Palm Desert Redevelopment Agency.
7his bond is subject to the condition that no Obligee shall have any right or action greater than those of any
other Obligee and shafl be subject to ali offsets and defenses, however arising, which might be available
against any other Obligee, their agents and representatives, in addition to any offsets or defenses that might
be available against themselves.
In no event shall the Surety be liable in the aggregate fo the Obligees for more than the penaNy of this bond.
At Surety's election, any payment due to any Obligee may be made by its check issued to the Obligees
jointfy.
Neither the execution nor language of this instrument, nor any previous negotiations, shall be construed
as relieving any Obligee from the due and timely performance of such obligations and duties as he, or his
agent or representafive, may owe to the Principal or the Surety under the cont�act or bond.
WITNESS the iollowing signatures and seals this �h day of March 2007
v�,w
Community Dynamics, Inc.
rincipal)
B ��1' c�-- ����('�l
y.l
� ��`"l. �� �iY+i���.�ante & iltle)
U.S. Spe�ialty Insurance Company
(Surety)
�
Paul S. D(to, Attomey-in-Fact (Name 8 Titl�)
CA474B(M.06
California All-Pu
State of California
} ss.
County of � S �-N � C c�
On _�- l 2- 0 � before me, M a-2rr�� /�M �4 LB�12.�'. %� Ot1El� 4 I�u 3 � 1 C_
(Date) Name, Title/Capacity, Notary Public �
personally appea�ed LD RE►J ��,.f+ -
Name of Signer(s)
1� Personally known to me
-OR-
' 4<<�`� +� � . . , :� - '
,. ��`_'��j� '��[����,�"� ��. ��: • . . c '
ri ��a ,• • ! ' : • • '�-
R.� �
\ •: t: : ••
a� - � .��•
fr,`
Place Notary Seal and/or Any Stamp above
D Proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged tc, me that
she/he/they executed the same in her/his/their authorized
capacity(ies) and that by herlhis/their signature(s) on the
instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WfTNESS my hand and official seal.
�
Signature of Notary Public
Optional Information
Law does not require the information below. This information could be of great value to any person/persons relying
on this document and c:ould prevent fraudulent and/or the reattachment of this document to an unauthorized
document(s).
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT �bN�
DATE OF DOCUMENT
SIGNER(S) IF DIFFERENT THAN ABOVE
OTHER INFORMATION
CAPACITY CLAIMED BY SIGNER (S�
StGNER(S) NAME(S)
C7 INDIVIDUAL
❑ CORPORATE OFFICER
Title(s)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
l�o. JoDOxSr���S
NUMBER OF PAGES
; �, �'�f�?�f :; RT:;:��.�'ii.�T
;.::t�':9fi3hIE#3.i�t>:>:>> ;:#3�;8i4i+E�t�:#�`::`:
TOP OF THUMB HERE 70P OF THUMB HERE
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
ss.
On ^���`l i v�` , before me, Edith Garibay, Notary Pub�; �
Ua1e Name and 7flle of Olkcer (e.c�., 'Jane Doe, IVolary Publ�c')
personaNyappearedPaul S. Dito ------------------------------
Nama(s) ol Signer(s)
fXJ personally known to me
CI proved to me on the basis of satisfactory
evidence
to be the person(�} whose narne(�) is/�
subscribed to the within instrument and
j"'" - acknowledged to me that he��X executed
,� �DITH �ARIBAY t the same in his/j�pj�� authorized
s COMM. # 1468639 ` capacity(j,�, and that by his/t��
; NOTqRypUeLlCCALIFOi�N�q � signature� on the instrument the person(�), or
I ORANGE COUNTY � the entity upon behalf of which the person(�&)
�- � M� COfim• @XPues Feb. 7, 2o0g �� acted, execufed the instrument.
, , , �� ��r.��-
e7T�
WITNESS my nd and official seal.
Place Nolary Seal Above Signalure dary Public
OPTIONAL �..
Though the inlormation below is not required by law, it may prove valuable to persons relying on the documenf
and could prevent (raudulenf removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document� Bond No .��'f �'� ( nS
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
O Individual
O Corporate Officer — Title(s):
O Partner — O Limited ❑ General
�l Attorney in Fact
❑ Trustee
O Guardian or Conservator
❑ Other:
Signer Is Representing:U • S. Specialty Insurance Comnan� ,___ _
�s�>�a�� �� ^s°�,�e
Top ol lhumb here
0 1999 NeUonel Nolery Aesocalion • 9�50 Oe Solo Ave., P.O. Box 2402 • G�alswarlh, CA 91813•2402 • www oaUdlakroiery.org Piad. No. 5907 Reorder Cxll Totl�Frae t-800•876-6827
' __ _ _ _ __ ___ _ _- -_ - _ _ _ _ -_ IP+�_ � � ;� 'ft'4.-43 , ,��i �.u� ��, �
- -- - : � .: . '�. �'''� ^ �
- : - �F�A' ER Y �� j�1� �1 �I� ,�����4�,����I���ly��'����
�� �
__ - _ —:- --- ` � � �T� E 1 � � y;�i� ,�� 1 u
_ __ �_ _-= � y �'��used w �s � s����' ehalf o � �S T�,TI' INSUI� � E COMPANY) _
— __ -- — — — — -- --- - = ---- � , •',�.,�"�
:_— 1%tow All'Me�eT b TJtese Prese�:ts 77�at U.S. SPEC1Al�Y [�SURANG� �,� the "�� "� �_� � oration��� ``��i
y , - = - - _ - - � - - - ( ��,_ �_
organi an. existing f� h st the Statas}f��a�n_c���ng its �sri�ip���rr�ouston�r� �un�, '1 exas, does by
""�� �+ e,�ri��ake, ��i��t = _ -- = = _
��. _ _ ° ..;_ __ — --
`�!M �''��'��- �' I�� k i�� Erik Johansson or Paul S. Dito of Orange. California =� -=-_ = __ -
1 � '. e �14;y . ��}{s`' _— - - � � _ _ . = —
�' its tru 1 rney(s) ' • o�we `;��l�r����by con� ���place and stead, t�execpute,
_ ,�.;.:. �;. � d r .
_�- ac any o n i� m s or other instruments or contracts of sure shi to
="� incl , de ,° 'ndmen s, and conseuts of surety, providin the bond d not d
_ � _ **�******#*******Seven Million************#+�*� Dollars ($ **** p **� � t � �Y �t
fully and to the sam��xt�rtt_��h bond�r�� �_�—�.---___ie Pre '' � e corp mpany an u y
�k � its Secr�� ��y�= g an� _�`" —__ tf� the sa�'�� ey-�ri- act may do in the premises. Said appointment _
j����i���� � �er and ��n— '- �e�llowing resolutions of the Board of Directors of the U. S. Specialty Insuranc Co n• —
6i1 $ '{ i R � � _
Be it Resolved that the President, any Vice-President, any Assistant Vi - e' e tary or I be v full ==
p ower and authori ty to a p p oint an y one c� s� �ns as Att � t�ent and e Co o ing --
= provis� _ _ _ � � � �� �'��`k,_
_� Att� _��g�n full p � u�r ffird in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
__= recog�e�co ts�agreements or indemnity and other conditional or obligatory undertakings and any and alI nodces and documents canceling or tenninating the
-- Company's liability thereunder, and any such instrumenu so executed by any such Attomey-in-FacC shall be binding upon the Company es if si ned the ident ��� ��
and sealed and effected by the Cocporate Secretary. i �
Be rt Resolved, that the si g nature of an y_authorizecLoffic�and seal of�"� � e or here of atto ting ��
thereto by facsimile, and any power o - azing ��I�i t�� imile s v' i ng upon o arry wi respect to
eny ��u�i� which it i— _ _�animo "- o►�f �ie�of ineeting on July 7, 2003.)
= � =— �
��������'�, In�s��n,�J. S. SPECIALTY INSURANCE COMPANY has caused these presents to be ' ne its Sen��e�=_ =_
President, and its corpocate seal to be hereto affixed this day of A' , _�=_ _-
_ - � � M � � �
_ _ ��te Sea � � ��� l� . . Y INSURANCE COMPANY _ _
-_ _�� _ ���f 5• T < By =�
:-- = _= y c� N —�� _� --�
St C� + � c� �� = — � �.� �
- � � � �
_ _ �es s . � � � � Robert F. Th S ' ' e Presi
= = � _ — - - � �
' — _ __ — — �� � � ���
- �_ __ _ �,� _ �� ��
' Sth d ore me �1 � bert �� ; c kirown, w o, emg by me duly sworn, did depose
�� that geles, �rma;` -at�ie is Senior Vice President of U.S. SPECIALI'Y INSURANC� COMP �
o any descri ed in and which executed the above instivment; that he knows the sea( of said Co —'� _ ! affix ��,
said instrument is such corporate seal; that it was so affixed by der of the�� ��rs of th� — _ he si -��
his name th eto by like �� ���� y � _ � - � �� � — � _
� � Nota i
� CommNtb� � 1 �6149 � :
- Noldty Publl� - C�a�tnfa� � ��y com i h 18 ��� ��I
_ � - - _ �County � � � �
� �- _� = _— = 18.�� ��
� ��UlII ���16 — � _�� _ _ — , ' �I � _ �
�----
I, Jeannie Kim, Assistant Secre of�, S. SPE CE C d ce ��e�pd foreg� �
�� t��rrect ���Attorne��c� ,'�omp i ll force an effect; furthermore, the
=�€��� _'� e Boa ��e�t in the�`wer of ttorney are in full force and effect.
_ j� y . �,
��_ = _== = — — — � � �
In W' ess Whereof, I have hereunto set _��ed the �� �C� y at L o'a this �
__�= === —�� -r� �
of = = �� =�__= = � �=� -�`� �
IIII —-�� — --_ —_— — —
�r �I � �
,��������:� � � = = = =� - = -_ - _
orporate Seal 5 <�.
�
- _= _ --� _ _ �
_ —��-= =_ - - � -�
-� =-= �=� - a --
- = — ��
, ���r = _ = =
}:
: � �-"�� ��E�s�E��Pi�� — =
��'�� ��� -
Jeannie Kim, Assistsnt Secretary
- Bond No. "�_ °'L, � �
-_ — -= �ncy N�:=��"'?� � ��'�°.
�.�,�� �. �� E"�� '�� I � � r ,p �����1� — — — —
��� � �;k��N���� __-_ -_ _ -_
�'',' � �a� �', �hl��� �
"�,� � - " - �._ - ' =- = POA{i'i�`� �
QUITCLAIM AND ASSIGNMENT
This Quitclaim and Assignment ("Quitclaim and Assignment") is made this day of
, 2007, by COMDYN PD, LLC, a California limited liability company ("Developer") in
favor of the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and
politic ("Owner"). Developer and Owner are parties to that certain Agreement between the Palm
Desert Redevelopment Agency and Comdyn PD, LLC for Fee Developer Services far Agency-
Owned Property Located in the City of Palm Desert (the "AgreemenY'). This Quitclaim and
Assignment is being executed in fulfillment of the terms of the Agreement.
1. For valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Developer hereby quitclaims and releases to the Owner all of Developer's right,
title and interest in that certain real property in the City of Palm Desert, County of Riverside, State
of California, more particularly described on Exhibit "A" attached hereto and incorporated herein
by this reference, and all buildings an.d other improvements located thereon (the "Property").
2. Developer hereby assigns to Owner its right, title and interest in and to all
manufacturers' third party warranties and guaranties of equipment, appliances, and machinery,
whether sur�'ace or subsurface, within the P�roperty (the "Equipment Warranties").
IN WITNESS WHEREOF, Developer and Owner have duly executed this Quitclaim and
Assignment as of the _ day of , 2007.
"Develope�"
C�Iv�DYN PD, LLC,
a California ]imited liability company
By: COMDYN, LLC,
Managing Member
By: �
Its: ,�,.-
"Owner"
PALM DESERT REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Its:
lsoza�z.z
12281-00003
EXI3IBIT "A"
That certain real property in the City of Palm Desert, County of Riverside, State of California
described as follows:
Phase Two Sin�le-Familv Homes:
Lots 30 through 45, inclusive, Lots 51 through 58, inclusive, and Lots 89 through
94, inclusive, of Tract No. 3Q795, as shown on a Subdivision Map filed on June ?,
2l?06, in Book 406 at Pages 73 to 80, inclusive, of Maps, in the Office of the
Riverside County Recorder.
�so2s�2.z 2
12281-00003
. .
�
U. S. SPECiALTY INSURANCE COMPANY
9841 A[RPOR'C l3011LF.VARD, 9TH FLQOR, LOS ANGF:LF.S, CA 90045 (310) 649-0990
BOND NO. 1000750765
PREMIUM $00.00
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Communiry Dynamics, Inc.
(hereinafter
callcd Principal), as Principal, and U. S. SPECIALT'Y INSURANCE COMPANY, a corporation, organized
and existin� undcr the laws of the State of Tcxas and authorizcd to transact a gcneral surcty busincss in the Statc
of California ,(hereinafter called Surety), as Surety, are held and firmly bound unto
ComDyn PD, LLC
(hereinafter called Obligee), in the sum of Four Hundred Forty Nine Thousand Ninety and 85/100 Dollars
DOLLARS ($ 449,090.85 ),
lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment
of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a contract with the said Obligee, dated September 5, 2006
for Falcon Crest Phase II - Construction of (30) Thirty Single Family Homes and Related Site Construction
and,
WHEREAS, the Obligee requires that this bond be executed on or before the final completion and acceptance of said
contract and
WHEREAS said contract was completed and accepted on the 13th day
of December , 2007 ,
NOW, THEREFORE, THE CONDITION OF THIS OBL[GAT[ON IS SUCH, that if the Principal shall remedy
without cost to the Obligee, any defects which may develop during a period of One (1) Year
from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior
materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect.
SIGNED, SEALED AND DATED THIS 13th DAY OF December , 2007
Community Dy ' s, I�i .
� Principal
By: >
U. S. SPEC[AL SURANCE CQMPr�NY
By: \ � ` _,
Dan�el Hucka Attorncy-in-Fact
HCCSZZ222B 10/OS
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 12/13J07 before me, Arturo Ayala, Notary Public
Date Name, Title of O�cer— E.G "Jane Doe, NOTARY PUBLIC"
personally appeared na„�Pl H����
0 personally known to me - OR -
. ,. ;,, , :�, is- :� r �, .. � „ ..
a ARTURO AYALA
� COMM. #1636549�
� NOTARY PUBLIC-CALIFORNIA�
� ORANGE COUNTY f+
MY COM�I. EXP. JAN. 10. 2010 K
.. „ . .. � .. � � „ .
NAME(S) OF SIGNER(S)
❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within ins�rument
and acknowledged to me that helshe/they
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 of
which the person(s) acted, executed the
instrument.
WITNESS my h nd and official seal
Z � '�
�-
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
� INDIVIDUAL
❑ CORPORATE OFFICER
Maintenance Bond
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
One
NUMBER OFPAGES
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
12/ 13/07
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Califomia AN
State of California
� ss.
County of e�
On I2.-13-2Gb7 beforeme, �QrfhA ITI'Vlq��r�`� I�O�ar'y ��i��ic.
(Date) � Name, Title/Capacity, Notary Publ�c
personally appeared (�p r en � � DC�
Name of Signer(s)
�Persona{ly known to me
-OR-
.
'��I��'�'� 'r . • • , .
' ��F'-" !�,�� ' .: - .. '' i��
�� �, ` � � � •
t�.�-:
Place Notary Seal and/or Any Stamp above
U Proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged tc, me that
she/he/they executed the same in her/his/their authorized
capacity(ies) and that by heNhis/their signature(s) on the
instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
�/ �_
Sig ature of Notary Public
Optional Information
Law does not require the information below. This information could be of great value to any person/persons relying
on this document and c:ould prevent fraudulent and/or the reattachment of this document to an unauthorized
document(s).
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT MQ i nf�P1QP1Ce.
DATE OF DOCUMENT I 2- I 3-�.00 l
SIGNER(S) IF DIFFERENT THAN ABOVE
OTHER INFORMATION
CAPACITY CLAIMED BY SIGNER (S�
SIGNER(S) NAME(S)
❑ INDIVIDUAL
C7 CORPORATE OFFICER
Title(s)
Cl PARTNER(S)
U ATTORNEY-IN-FACT
❑ TRUSTEE(S)
Ll GUARDIAN/CONSERVATOR
C7 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
�k on�
NUMBER OF PAGES
R'C. THUiyll8E�tiAjT FtT. THLtMBPf2MIT
QF 9N3hIER�#'1 Q�.SICst�ft txZ
TOP OF THUMB HERE TOP OF THUMB NERE
Cc� 2004 NOTARY PU[3L(C SEMINARS SUPPUES • REORDER ITGht# ACK • FAX:310-915-0147 • wwtiv.notarypublicseminars.com
0
U. S. SPECIALTY INSURANCE COMPANY
9841 AIRPORT BOlJ1.F.VARD, 9'CFi FLOOR, I,OS ANGELIS, CA 90045 (310) 649-0990 FAX (310) 649-0416
MULTIPLE OBLIGEE RIDER
To be attached to and form part of Bond Number 1000750765
with U.S. Specialty Insurance Company
Community Dynamics, Inc.
ComDyn PD, LLC
as Surety,
as Principal, and
as Obligee,
for valuable consideration, hereby agree respectively in connection with a contract for
Falcon Crest Phase II - Construction of (30) Thirty Single Family Homes and Related Site Construction
which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s)
Palm Desert Redevelopment Agency
This bond is subject to the condition that no Obligee shall have any right or action greater than those of any
other Obligee and shall be subject to all offsets and defenses, however arising, which might be available
against any other Obligee, their agents and representatives, in addition to any offsets or defenses that might
be available against themselves.
In no event shall the Surety be liable in the aggregate to the Obligees for more than the penalty of this bond.
At Surety's election, any payment due to any Obligee may be made by its check issued to the Obligees
jointly.
Neither the execution nor language of this instrument, nor any previous negotiations, shall be construed
as relieving any Obligee from the due and timely performance of such obligations and duties as he, or his
agent or representative, may owe to the Principal or the Surety under the contract or bond.
WITNESS the following signatures and seals this
Community Dynamics, Inc.
n (Principal)
�,I I'
BY� _I �.--,
1 �� (�ame & Title)
(„p �E-v� �j � 0 c�t� � �(�ii °�c.�l
13th day of December 2007 .
,
YEAR
/ U. S. SPEC[ALTY SURANCE COMPANY
(Surety)
/ ',
Daniel Huckabay / (Name & Title)
Attorney-in-Fr��
cna�enaaroe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of orange
On 12J13/07 before me, Arturo Ayala, Notar� Public
Date Name, Title of Officer — E.G "Jane Doe, NOTARY PUBLIC"
personally appeared Daniel Huckabay
NAME(S) OF SIGNER(S)
0 personally known to me - OR -
��������
� ^ ARTURO AYALA
'' COMM. #1636549U
� NOTAFiY PUBLIC-CALIFORNIA�j
� ORANGE COUNTY N
MY COMM. EXP. JAN. 10. 2010 �
v v v v v v v � v v
❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument
and acknowledged to me that helshe/they
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 of
which the pe�son(s) acted, executed the
instrument.
WITNESS m hand and official seal
i' v �r�
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
� INDIVIDUAL
❑ CORPORATE OFFICER
Multinle Oblieee Rider
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
One
NUMBER OF PAGES
� ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANlCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
12/13/07
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
.
California Ail-Pur
State of California
Acknowl
� ss.
County of �( � ,4h9e.� eS
On ( 2-► 3- 2fJD � before me, Ma rrh a Q,� �e r'� 1�� t`'ct h �„�.
(Oate) Name, TitlelCapacity, Notary Pub c
personally appeared � ren � � o��►
Name of Signer(s)
,�Personally known to me
-OR-
.r.-,.
� �: . MARTHAAMALBEF�T �
� >. *. OOIN��SSJON 1621143 �
c� ��' � � rxrr�wra!�eur.cti�qna �
�� A ' if�lawstiP3o0ll�lfv
�;�;/` fu�^xrm. F�Nou.14, 2009y �
� C.!e'•j�IV.:tir:'.�Y'�7+t'iMtkC'��rn+w��r+.y�!?�C7' �. .. � . r �
Place Notary Seal and/or Any Stamp above
� Proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged tc, me that
she/he/they executed the same in heNhis/their autho�ized
capacity(ies) and that by heNhis/their signature(s) on the
instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signa re of Notary Public
Optional Information
Law does not require the information below. This information could be of great value to any person/persons relying
on this document and �ould prevent fraudulent and/or the reattachment of this document to an unauthorized
document(s).
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT M�� �� Ii 9 ee � 1(� P Y
DATE OF DOCUMENT I Z- I 3-200 7 NUMBER OF PAGES
SIGNER(S) IF DIFFERENT THAN ABOVE
OTHER INFORMATION
CAPACITY CLAIMED BY SIGNER (S�
SIGNER(S) NAME(S)
L� INDIVIDUAL
C CORPORATE OFFICER
Title(s)
[ i PARTNER(S)
!-1 ATTORNEY-IN-FACT
CI TRUSTEE(S)
:l GUARDIAN/CONSERVATOR
f_! OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
RT. THlfAA$PRfAfT t2T. THLiMBPItINT
f!� 51i3[YER �#1 4�. Slfit�R #2
TOP OF THUMB HERE TOP OF THUMB HERE
��� �,,,,.,,.v�,, .,.,�,,�.,�,,,,.,.,..,,^; ,.,,,;.�,,,,,,,,,,,,,,,,,,� ,,,.,.,.,.�,,.,:,;,.;�:,.,^,.^�,,.,.,., ;�. ;.,��-:,.,;, ;:; �.,.;.;,�.,.-�,.,: : �.,:,,��,,:;,.
<:
;.
:�
,S
i�
,)
�
:�
;�
>;
?;
icj 2004 NOTARY PUBLIC SEMINARS SUPPl.lES • REORDER 1'i'EM# ACK � FAX:310-915-0147. ww�u�_nntarvnuhliccPminarc �nm
POWER OF ATTORNEY
(To bc used with bonds issucd on bchalf of U.S. SPECIALTY INSURANCE COMPANY)
Know All Men by These Presents That, U.S. SPECIALTY INSURANCE COMPANY (thc "Company"), a corporation duly
organized and existing under the laws of the State of Texas, and having its principal officc in Houston, Harris County, Texas, docs by
these presents make, constitute and appoint
Ralph Eidcm Jr., Danicl Huckabay, or Arturo Ayala of Orange, Califomia
its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute,
acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include riders, amendments, and consents of surety, �roviding the bond penalty does not exceed
'•• One Million *** Dollars ($ '* I,000,000.00 *** ) and to bind thc Company thcreby as
fully and to the same extent as if such bonds were signed by the President, scaled with the corporatc scal of the Company and duly
attested by its Secretary, hereby ratifying and confirming all that the said Attorncy-in-Fact may do in the premises. Said appointment
is made under and by authority of the following resolutions of the Board of Directors of the U. S. Specialty Insurance Company:
Be ir Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Auorney-in-Fncr may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and dcliver, any and all bonds,
recognizances, contracts, a�cements or indemnity and other conditional or obligatory undertakings and any and all notices and documcnts canccling or tcrminating the
Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon thc Company as if signecl by the President
and sealed and effected by the Corporate Secretary.
Be it Resolved, that the sibmature of any authorized officer and seal of the Company hcretofore or hereafter affixed to any power of attomey or any certificatc relating
thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undcrtaking to which it is attached. (Adopted by unanimous written consent in lieu of ineeting on luly 7, 2003.)
In Witness Whereof, U. S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Vice President,
and its corporate seal to be hereto affixed this 19th day of January, 2007.
Corporate Seal
State of California
County of Los Angeles ss:
ypECLq�
J T ri
y � N
> y + a
yba�o �A
U.S. SPECIALTY INSURANCE COMPANY
By
/��,
Adam S. Pessin, Vice President
On this 19th day of January, 2007 beforc me personally came Adam S. Pessin, to me lrnown, who, being by me duly sworn, did
dispose and say, that he resides in Los Angeles, California, that he is Vice President of U.S. SPECIALTY INSURANCE COMPANY,
the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the Company; and that hc signed
his name thereto by like order.
..-,�
Notary Scal � ST�VE FEDUNAK � , Notary Public
QComm. No. 1593578 ;
� HOTARYPUBL�C•CAL�FORNU o My commission cxpires Junc 29, 2009
V LOS�NGELF.SCOUN7Y �
� My Comm. E�ry. June29.2009
I, Jeannie Kim, Assistant Secretary of U. S. SPECIALTY INSURANCE COMPANY, do hereby ccrtify that thc above and foregoing
is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; furthermorc, the
resolurions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Los Angeles, California this 13th day
of December ,2007•
Corporatc Seal ygPEC/q���
J'y T � y
C
ry y i' 3a
by� � ���
Bond No. 1000750765
Agency No. 84�2
L���-- � �
Jeannie Kim, Assistant Secretary
POA I 1 I A I 0/OS