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HomeMy WebLinkAbout2022 - 31249 Beazer Homes Holdings, LLC - SIA On-Site & Off-Site (Replacement)2/18/2022 2/18/2022 - k1IFORNIn - MEMORANDUM Date: October 12, 2021 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re: Tract Map 31249, Cantera, Bonds for Off -Site Improvements The developer is posting the following bonds with the City for the above referenced project: 1. Performance Bond = $730,907.80 Bond No. 800056302 2. Labor and Material Bond = $730,907.80 Bond N,o. 800056302 Developer: Mr. Jason Mock Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Surety: Atlantic Specialty Insurance Company 222 South Harbor Blvd., Suite 900 Anaheim, CA 92805 Attn: Patrick Benedict (781)332-8779 If you have any questions, please contact me at extension 7047. Thank You. City of La Quinta CITY COUNCIL MEETING: February 15, 2022 STAFF REPORT AGENDA TITLE: APPROVE ON-SITE AND OFF-SITE REPLACEMENT SUBDIVISION IMPROVEMENT AGREEMENTS FOR TRACT MAP NO. 31249, CANTERA, A RESIDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF AVENUE 58 WEST OF MADISON STREET RECOMMENDATION Approve the On-Site and Off-Site Replacement Subdivision Improvement Agreements for Tract Map No. 31249 and authorize the City Manager to execute said agreements. EXECUTIVE SUMMARY •In 2006, the original developer of this tract, Adobe Holdings, Inc., recorded a final map and executed on-site and off-site Subdivision Improvement Agreements (SIAs). During the economic downturn, they lost the property through foreclosure after completing some, but not all, of the improvements. •Beazer Homes Holdings, LLC (New Developer) has recently acquired interest in the property and desires to enter into replacement of on-site and off-site SIAs and bonds for the design and construction of the remaining public and private improvements associated with this tract. •The replacement SIAs and bonds will ensure construction and acceptance of the remainder of the improvements for this tract. FISCAL IMPACT – None BACKGROUND/ANALYSIS Tract Map No. 31249 is a residential development located at the south side of Avenue 58 west of Madison Street (Attachment 1). Some of the on-site improvements have been installed, including storm drain, water, sewer, curb and gutter and rough grading. No homes have been built in the tract. No off- site improvements were constructed. Staff has reviewed the on-site and off-site improvement plans from the New Developer. The remaining on-site improvements include sewer, water, street, walls, dry utilities, landscaping, and setting monumentation. The remaining off- site improvements include installing storm drain, street, power pole relocations, multi-use trail, signing and striping, landscaping, and setting monumentation. The attached replacement SIAs (Attachment 2) replace Adobe Holdings, Inc., CONSENT CALENDAR ITEM NO. 4 47 with Beazer Homes Holdings, LLC as obligee for the construction and guarantor of the remaining on-site and off-site improvements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Replacement Subdivision Improvement Agreements (On-Site and Off-Site) 48 TM 31249 CANTERA V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1 49 ta QaNtra CALIFORNIA M E-M-OF A N-DAJ-M- Date: January 21, 2026 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re: TM 31249, Cantera, Bond Release and Retain Warranty Bond Please release the following bonds held in your files for the above referenced tract. The performance bonds are to be released now and the labor & materials bonds are to be released on April 20, 2026 (90 days after City Council acceptance of the improvements). The off -site and on-stie improvements were accepted by City Council on January 20, 2025. The bond amounts and the address to the developer and surety company are as follows: Tract Map No. 31249 Bond Description Bond No. Bond Amount Performance K40337325 $914,761 Labor & Materials K40337325 $914,761 Performance K40337350 $2,842,577 Performance 800056302 $730,907.80 Labor & Materials 800056302 1 $730,907.80 Please retain the attached Warranty Bond for the above referenced project for off -site improvements. Warranty Bond Number Warranty Security 800056302M $70,166 Developer: Billy Aguirre Beazer Homes Holdings, LLC 310 Commerce, Suite 150 Irvine, CA 92602 Surety Company: Federal Insurance Company 555 S. Flower St, 3rd Floor Los Angeles, CA 90071 Attn: Janette Fu Surety Company: Atlantic Specialty Insurance Company 222 South Harbor Blvd., Suite 900 Anaheim, CA 92805 Attn: Patrick Benedict If -Mu -have WARRANTY BOND BOND NO. 800056302M PREMIUM Inclueded in performance bond premium KNOW ALL MEN BY THESE PRESENTS: That, Beazer Homes Holdings, LLC, a Delaware limited liability company, as Principal and Atlantic Specialty Insurance Company, a corporation organized and existing under the laws of the State of New York and authorized to transact business in the State of California (hereinafter called "Surety"), as Surety, are held and firmly bound unto City of La Quinta, as Obligee, hereinafter called Obligee, in the amount of Seventy Thousand One Hundred Sixty -Six and 00/100 Dollars ($70,166.00), for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the above bounden Principal has entered into a certain written contract with the above named Obligee, providing for construction of certain subdivision improvements in Tract Map #31249 in the Ci1y of La Quinta, State of California; and WHEREAS, said work has been or will be completed by Principal. NOW, THEREFORE, if said Principal shall promptly replace and repair any work proven to be defective because of faulty workmanship and/or material within a period of one (1) year from date of acceptance of the work by the Obligee, then this obligation to be void; Otherwise to remain in full force and effect. Signed, Sealed and Dated this 4th day of November 2025. Beazer Homes Holdings, LLC, a Delaware limited liability company (Principal) (Seal) By. \. StAiA ��IlAntdO� , A o�;7.ed S;9►�o�fie , Wts} Regime Atlantic Specialty Insurance Company �) (Surety) (Seal) Marina Tapia, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On IUbft r (. U 25 before me, Diana Adele Jivan, Notary Public Date ' l Here Insert Name and Title of the Officer personally appeared SU�1Gi V �1An-rd&A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is afe subscribed to the within instrument and acknowled ed to me that tje s e t4&y executed the same in her 44eir authorized capacity(iee), and that by 4iaher 'r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Diana Adele Jivan COMM# 2459379 * NOTARY PUBLIC—CALIFORNIA Signature nty MY�COMM EXPIRES range uW1512027 Signature of Notary P c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On NOV 0 4 2025 before me, Edward C. Spector, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Marina Tapia Name(s) of Signer(s) who 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 he/she/they executed the same in his/her/their authorized ca pacity(ies), and that by h is/her/their signatul re(s) on the i nstru me ntthe person (s), orthe entity upon behalf of which the person(s) acted, executed the instrument. ` EDWARD C. SPECTOR Notary Public - California Z Los Angeles County n Y ^� Commission q 2447241 My Comm. Expires May 16, 2027 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS =icial seal. Signature Signature of Notary Public -------------------------------------------------------------------- OPTIONAL---------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name © Corporate Officer—Title(s) E] Partner Q Limited rl General © Individual ® Attorney in Fact © Trustee © Guardian or Conservator © Other Signer's Name ® Corporate Officer—Title(s) © Partner ® Limited QGeneral © Individual E] Attorney in Fact ® Trustee © Guardian or Conservator El Other Signer Is Representing Signer Is Representing intact INSURANCE KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Timothy J. Noonan, Janina Renee Beaudry, Michelle Haase, Jennifer Ochs, Adriana Valenzuela, Charles R. Teter, III, D. Garcia, Erin Brown, B. Aleman, Edward C. Spector, Simone Gerhard, Marina Tapia, Ethan Spector, KD Wapato, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted b� the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being bereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. "I N u„ SEAL m ; Y 1986 0= STATE OF MINNESOTA '?6��FK Yo",ya�°, By Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. EO N DWAN NDEr YPUBLIC•ommissioanuary 31 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of NOV 0 A 7075 This Power of Attorney expires January 31, 2025 G\P�S V I N g��ry 4 . OOPPDRgTf n`_ SEAL '. 1986 o Kara Barrow, Secretary Please direct bond verifications to sure intactinsurance.com