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HomeMy WebLinkAbout31348 WH La Quinta 29, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 31348 Development: Estates at Point Happy Developer/Owner: WH La Quinta 29, LLC PH Ranch (former) Bond Company: Philadelphia Indemnity Insurance Company 800 E. Colorado Blvd. 6th Floor Pasadena, CA 91101 Attn: Martha Barreras Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance (on- site) PB03010408831 $626,402 Released 03/24/2026 Performance (off- site) PB03010408832 $14,040 Released 03/24/2026 Labor & Material PB03010408832 $14,040 Fugitive Dust Control (PM-10) PB03010409717 $32,500 Released 03/24/2026 RELEASED BOND REPORT Tract Number: 31348 Development: Estates at Point Happy Developer/Owner: Point Happy Lots, LLC Bond Company: Lincoln General Insurance Company 701 B Street, Suite 2100 San Diego, CA 92101-8197 Attn: Ron Ballard Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust Control (PM-10) 66112398 $32,250 Released 11/23/2016 RELEASED BOND REPORT Tract Number: 31348 Development: Estates at Point Happy Developer/Owner: Point Happy Lots, LLC Bond Company: Atlantic Specialty Insurance Company 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attn: Melissa Lopez Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust Control (PM_10) 800029355 $32,500 Released 11/22/2023 RELEASED BOND REPORT Tract Number: 31348 Development: Estates at Point Happy Developer/Owner: PH Ranch Bond Company: Lincoln General Insurance Company 701 B Street, Suite 2100 San Diego, CA 92101-8197 Attn: Ron Ballard Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Grading SU500110307 $108,150 Released 03/20/2014 Performance SU5011916 $648,562 Released 03/20/2014 Labor & Material SU5011916 $648,562 Released 03/20/2014 Performance SU5011912 $308,767 Reduced 03/27/2007 Performance SU2011912 $117,341 Released 03/20/2014 Labor & Material SU5011912 $308,767 Released 03/20/2014 Performance SU5011915 $23,136 Released 03/20/2014 Performance SU5011913 $1,356,641 Reduced 03/27/2007 Performance SU5011913 $473,871 Released 03/20/2014 Labor & Material SU5011913 $1,356,641 Released 03/20/2014 Performance SU5011914 $241,560 Reduced 03/27/2007 Performance SU5011914 $73,800 Released 03/20/2014 Labor & Material SU5011914 $241,560 Released 03/20/2014 ta Qal tra CALIFORNIA MEMORANDUM Date: March 23, 2026 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer " Re: TM 31348, Estates at Point Happy Bond Release for Off -Site and On -Site Improvements 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 bond is to be released on June 15, 2026 (90 days after City Council acceptance of the improvements). The off -site and on -site improvements were accepted by City Council on March 17, 2026. The bond amounts and the address to the developer and surety company are as follows: Tract Map No. 31348 Bond Description Bond No. Bond Amount Performance (PM-10) PB03010409717 $32,500 Performance (On -Site) PB03010408831 $626,402 Performance (Off -Site) PB03010408832 $14,040 Labor & Materials Off -Site PB03010408832 $14,040 Developer: Lynsey Bloch Williams Homes 24911 Avenue Stanford Santa Clarita, CA 91355 Surety Company: Philadelphia Indemnity Insurance Company 800 E. Colorado Blvd., 6t" Floor Pasadena, CA 91101 Attn: Martha Barreras If you have any questions, please contact me at extension 7047. Thank You. City of La Quinta CITY COUNCIL MEETING: March 17, 2026 STAFF REPORT AGENDA TITLE: ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE ESTATES AT POINT HAPPY RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 31348, LOCATED SOUTH OF HIGHWAY 111 AND WEST OF WASHINGTON STREET RECOMMENDATION Accept the off-site and on-site improvements associated with Tract Map No. 31348, Estates at Point Happy; authorize staff to release performance securities; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY •The Estates at Point Happy is a residential development project located south of Highway 111 and west of Washington Street (Attachment 1). •WH La Quinta 29, LLC (Developer) has requested release of the performance, labor and materials securities. •Staff has verified satisfactory completion of the off-site and on-site improvements and recommends acceptance, and release of the performance, labor and materials securities. FISCAL IMPACT – None. BACKGROUND/ANALYSIS All off-site and on-site improvements required by Tract Map No. 31348 have been completed. The improvements include grading, street improvements, drainage improvements, landscaping, sidewalk, and setting monumentation. Staff inspected the off-site and on-site improvements and verified they meet City-approved plans and standards. ALTERNATIVES Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. CONSENT CALENDAR ITEM NO. 7 27 Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 28 TM 31348 THE ESTATES AT POINT HAPPY V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1ATTACHMENT 1 29 March 24, 2026 Lynsey Bloch Williams Homes 24911 Avenue Stanford Santa Clarita, CA 91355 RE: TRACT MAP 31348 ESTATES AT POINT HAPPY – RELEASE OF BONDS To Whom it May Concern: Per authorization of the City of La Quinta Public Works Department, the City Clerk’s Office has hereby released the following bonds and notified Philadelphia Indemnity Insurance Company on March 24, 2026. Bond Number Bond Amount Bond Type PB03010409717 $32,500 Performance (PM-10) PB03010408831 $626,402 Performance (On-Site) PB03010408832 $14,040 Performance (Off-Site) The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Olivia Rodriguez, Deputy City Clerk Email: ORodriguez@LaQuintaCA.gov Tel: (760) 777 - 7162 March 24, 2026 Philadelphia Indemnity Insurance Company 283 South Lake Avenue Suite 160 Pasadena CA 91101 Attn: Martha Barreras RE: TRACT MAP 31348 ESTATES AT POINT HAPPY – RELEASE OF BONDS To Whom it May Concern: Per authorization of the City of La Quinta Public Works Department, the City Clerk’s Office hereby releases the following bonds: Bond Number Bond Amount Bond Type PB03010409717 $32,500 Performance (PM-10) PB03010408831 $626,402 Performance (On-Site) PB03010408832 $14,040 Performance (Off-Site) A copy of the bonds being released are enclosed for your reference. Williams Homes, the developer, was also notified of the above bond released on 03/24/2026. Please do not hesitate to contact me should you have any questions. Sincerely, Olivia Rodriguez, Deputy City Clerk Email: ORodriguez@LaQuintaCA.gov Tel: (760) 777 - 7162 Bond Number: PBO3010408831 Premium: $7,830.00 / 2 Years SUBDIVISION IMPROVEMENTS Tract Map No. _31348. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and WH La Quinta 29,LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated A � i_I , 20_2,7 and identified as Tract Map No. 31348 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Philadelphia Indemnity Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Six hundred twenty-six, four hundred two, and no/100 DOLLARS ($ 626.402.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specffred therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 29th , 20 22 . VVH Za Quinta 29, LLC ` t� A"TW �{-L� Principal (Seal) Signature of Principal Title of Signatory Philadelphia Indemnity Insurance Company S ty (Seal) 'szr gnature o Surety Martha Barreras, Attorney -In -Fact Title of Signatory 800 E Colorado Blvd. 6th Floor Pasadena CA 91101 Address of Surety (949) 252-4400 Phone # of Surety Martha Barreras Contact Person For Surety WH La Quinta 29, LLC By: Williams Communities A California limited liability company Its: MNZ4�0— C,Pb By: WH La Quinta 29, LLC By: Williams Communities A California limited liability company Its: Managing Member By: \ose FOVlm POVO2A s���n�.y /Ttiz��suKEYz ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 } JUL 2 9 2$22 Gina L. Garner, Notary Public On before me, rY (Fiore inserl roam arts U ft o 1ho 9 Icer personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the personw) whose name(s) is/mk subscribed to the within instrument and acknowledged to me that fie/she/%W executed the same in kis/her/tom authorized capacity0asX and that by Jd9ther/Imik signature* on the instrument the person(, or the entity upon behalf of which the personM 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. *my GINA L. GARNER Notary Public - Callfornia WITNESS my hand and official seal. Orange County Commission 9 2361777 Comm. Expires Jun 18, 2025 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) to Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version vmrw NotaryClasses.com 800-873-9665 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statures regarding notary wording and, if needed, should be completed and attached to the document. Acknohredgenrs from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary Imr. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plum] forms by crossing off incorrect forms (i.e. lre/she(dwy, is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • Ile notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. i Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. -.p Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza- Suite 100 Bala Cynwyd, PA 19004-0950 Power ofAttornev KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHI.A INDEMNITY LNS17RANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint J.ANINA MOATROE, THOMAS G. NICCALL. TIMOTHY J. NOONAN, nIICHELLE HAASE AND MARTHA BARRERAS OF LOCKTON COMPANIES, LLC, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory* in the nature thereof. issued in the course of its business and to bind the Company thereby, in an amount not to exceed S30.8DIAK This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November. 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. PHILADELPHLA INDEMi1ITii INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927 (Seal) Lu Ajk7 lab Glumb. President & CE0 Philadelphia Indemnity Insurance Company On this 5'h day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Oaerr>or>r"AM er PWWk0raate - NcUry $&W lhnesse Mckenzie, No tart' t'Votie Montgomery County My commission expires November3.2024 Commission number i3W394 lumbar. vern"a"+1s0dMn at War Notary Public: residing at: Bala Cynwyd, PA My commission expires: November j_ 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY 1NSURAINCE CO\•iPkNY. do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5" day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb. who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of JUIy 2022 [, Edward Say go, Corporate Secretary PHILADELPHLA INDEMNITY INSURANCE COMPANY CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic or other officer completing this certificate verifies only the identity ofthe 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 (1 ATt &i2 u` S I On ezz22 before me 'Pl �t,�n VLJc�" iir� ..�J liC- Date 1 Here Insert N me and Title of rthe Offcer personally appeared �� U Li [ 1ke [`� p1" 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 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. *my KELLY BROWN Notary Public - California Los Angeles County Commission # 2408836 Comm. Expires Jul 20, 2026 Place Notary Seal and/or Stamp Above I certilfy under PENALTY OF PERJURY under the laws a he State of California that -A fe foregoing paragraphs true an WITNESS my h d a icial seal. Signature Signature of OPTIONAL — Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do me t p? C Title or Type of Document: ��' r77 ``� E', 0 3 . 1 c0 o o E 3 Document Date: -3 "'1 Number of Pages: 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: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond Number: PB03010408832 Premiurry S176.00 12 Years SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31348, prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and WH La Quinta 29, LLC hereinafter designated as ("principal") have entered into an agreement whereby pri cipaI agrees to install and complete certain designated public improvements, which said agreement, dated d- , 20Z2-, and identified as Tract Map No. 31348 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Philadelphia Indemnity Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of fourteen thousand, forty, and no1100 _ DOLLARS ($14,040.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder orthe specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on July 29 , 2022 YUH La Quinta 29, LL C SCE ATTWO Principal (Seal) Signature of Principal Title of Signatory Philadelphia Indemnity Insurance Company Surety (Seal) Signature o urety Martha Barreras, Attorney -In -Fact Title of Signatory 800 E Colorado Blvd. 6th Floor Pasadena, CA 91101 Address of Surety (949)252-4400 Phone # of Surety Martha Barreras Contact Person For Surety WH La Quinta 29, LLC By: Williams Communities A California limited liability company Its: Mana ing Member By: SCoZT ouE Luff E CfD WH La Quinta 29, LLC By: Williams Communities A California limited liability company Its: Managing Member By: PAJMVj i� Chu A Siff rG12Cf 'A V-11T R E}g 5 v1--C9 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 JUL 2 91M before me, Gina L. Garner, Notary Public (Here Insart name arw lite iA l e e personally appeared Martha Barreras who proved to me on the basis of satisfactory evidence to be the personi(w whose name(s) is/wR subscribed to the within instrument and acknowledged to me that ke/she/ter executed the same in brie/her/their authorized capacity0aiX and that by Jdslher/fd signature(* on the instrument the persons*, or the entity upon behalf of which the personal 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. ...� 'ti GINA L. GARNER d6l t Notary Public • California WITNESS my hand and official seal. Z 0rangsCounty 9 - Commission q 2361777 f':•.o ``� My COmm. Expires Jun 18, 2fl25 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) * Attomey-in-Fact p Trustee(s) ❑ Other 2015 Veision vrvw NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknohredgenis from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lair. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the dale that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lee/sheldw)— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. AV Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. PHILADELPHIAINDEAINITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Poorer ofAttornev KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN, MICHELLE HAASE AND MARTHA B.ARRERAS OF LOCICTON COMPANIES, LLC, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $%.OW.800. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the I&h of November_ 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attome_v(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto: and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY 'WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS ]INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIJKED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927 - (Seal) ...... ........ Lu 1011 Glotub. President & C E0 Philadelphia Indemnity Insurance Company On this 5ie day of March, 2021 before me came the individual who executed the preceding instrument, to me personally ]mown, and being by me duly sworn said that he is the therein described and authorized officer of the PHH,ADELPHI.A INDEMNITY INSURANCE COMPANY-- that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. comrnornwalm of iennsytvenie - floury Seel Wriesse Mckenzie, NotaryPubtk Montgomery County My comrrdnion spires November 3, 2024 Commission number 1366394 "e'rnet, Ppn n lyna• 9 Ais"W"0 Heunn Notary Public: ��- residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 1, Edward Sayago, Corporate Secretary of PEILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51h day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb. who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMP 0VY. hi Testimony NVhereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of JUly 2022 Edward Sayago, Corporate Secretay PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 "ti:"=..:•_.. - e� :.i....i.� :.ir .:i i'... i.. i..... �..s �.y .7. . -• -. i. •..•. •:.l' S: - �' i'• .' .: Z:'3Z'�. �: Y��E' �-',y;.i. 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 too I S On. � _1. Iry ( ZZZ2 before me, lam` k �,wC , ate Here Insert.Name and Title of.the Officer personally appeared e s of 5igner(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 capacity(ies), and that by his/her/their signaturef si on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execu e instrument. *my KELLY BROWN Notary Public . California Los Angeles County Commission # 2408036 Comm. Expires Jul 20, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURI( under the laws of the State of California that the tqregoing raph is true and correct. WITN Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docum Description of Attached Document Title or Type of DocuTent:- �30l bYQ 3 Document Date: 2C7. Z,�bZ 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: ©2019 National Notary Association Numberfpages:_� Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: BOND NO.: PB03010409717 PREMIUM: $163.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize VVH La Quinta 29, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as TM 31348 Estates at Point Happy ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # 04024 , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. PHILADELPHIA INDEMNITY NOW therefore, we the Principal and .INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Thirty -Two Thousand Five Hundred and No/100 Dollars ($ 32,500.00 J lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit # 04024 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on NOVEMBER 16 , 2023 WH La Quinta 29, LLC Principal (Seal) Signature of Principal Title of Signatory NDEMNITY S (Seal) - SARAH CAMPBELL;,7ATTORNEY-IN-FACT Title of Signatory 800 E. COLORADO BLVD., 6TH FLOOR PASADENA, CA 91101 Address of Surety (626) 639-1323 Phone # of Surety MIKE HALL Contact Person for Surety T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form CALIFORNIA 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 16 2023 Date before me, RHONDA LARSON, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared SARAH CAMPBELL Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose named i.5/XX subscribed to the within instrument and acknowledged to me that Xx/she/%)(executed the same in ))her/ k authorized capacityW, and that by jX/her/ signatureN on the instrument the personX, or the entity upon behalf of which the personoo acted, executed the instrument. RHONOA LARSON Notary Public • Califor-JaLos 10my Aigeles CountyComrissiori = 2329998 Carom. I xpfres Jur1 2T 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES nd d o 'cial seal. Signatur Signature of Notary Public RHONDA LARSON, NOTARY PUBLIC 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: ,#s G'2019 National Notary Association PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Timothy J. Noonan, Jennifer Ochs, Charles R. Teter III, B. Aleman, Erin Brown, D. Garcia, Simone Gerhard, Edward C. Spector, Ethan Spector, Marina Tapia, KD Wapato and Sarah Campbell of Lockton Companies Inc., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 1927 (Seal) Ioh Glomb, President & CFO Philadelphia Indemnity Insurance Company On this 5' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. gommomealth of Pamsylvenia - Noury Seal Vanessa W*snzie, Natery Public Montgomery County My commission expires November 3, 2024 Commission number 1366394 Nombor. PannlyWjt^:rf Msocistiori of Norsriss Notary Public: residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 51 day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16TH day of NOVEMBER . 2023 1927 Edward Sayago, Corporate Secretary } PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA 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 GO.S /�kgru-rI z On // Z,� -ZGz3 before me, c�iy«lJG L GC�r/ /Z� �T�f2y /UBGlc'_ Date /� Here Insert Name and Title of the Officer personally appeared AAIVIC- e— ff Name(sf of Signer* who proved to me on the basis of satisfactory evidence to be the person(g) whose name(z) is/axe subscribed to the within instrument and acknowledged to me that he/aKeAheyrexecuted the same in his/lte � authorized capacity(js&�, and that by h1sA4e44& signature( on the instrument the person(g), or the entity upon behalf of which the personA acted, executed the instrument. JACCIUE L. LETARTE NotaryPuallC • CaIIfamla ` Las An6t"County Comrmisslon M 2316105 Aly Comm, Explr" Doe 17, 1023 Place Notary Seal and/or Stamp Above 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. Signature OPTIONAL Signature of Notary Public Completing this information can deter alter(#6n 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: 02019 National Notary Association 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. t(4.1QaL(ta - C1LI170NXIA - MEMORANDUM Date: November 21, 2023 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re: Bond Replacement for Tract Map 31348, Estates at Point Happy Please replace the following dust control bond held in your file for the above referenced tract. Please release the following bond: 1 Tract Map No. 31348 Type of Bond Bond No. Performance Amount Dust Control 800029355 $32,500 Please retain the following attached bond: Tract Map No. 31348 Type of Bond Bond No. I Performance Amount Dust Control PB030104097171 $32,500 Previous Developer: Joseph Rivani 3470 Wilshire Blvd, Ste 1020 Los Angeles, CA 90010 Surety Company: Atlantic Specialty Insurance Company (800029355) 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attn: Melissa Lopez W �GN'NW CALIFORNIA November 27, 2023 Atlantic Specialty Insurance Company 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attention: Melissa Lopez RE: TRACT MAP 31348 ESTATES AT POINT HAPPY — RELEASE OF BOND Dear Ms. Lopez, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bond: Bond Number Bond Amount Bond Type 800029355 $32,500 Fugitive Dust Control Copies of the bond being released are enclosed for your reference. RCS — Point Happy, LLC., the previous developer, was also notified of the above bond release on 11 /27/2023. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcGinleyCc LaQuintaCA.gov Tel: (760) 777 - 7123 W �GN'NW CALIFORNIA - November 27, 2023 -- Joseph Rivani 3470 Wilshire Blvd., Suite 1020 Los Angeles, CA 90010 RE: TRACT MAP 31348 ESTATES AT POINT HAPPY — RELEASE OF BOND Dear Mr. Rivani, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified Atlantic Specialty Insurance Company on 11 /27/2023. Bond Number Bond Amount Bond Type 800029355 $32,500 Fugitive Dust Control The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcGinley(a)LaQuintaCA.gov Tel: (760) 777 - 7123 Bond No. 800029355 Premium: $244.00/Annually FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize RCS -Point Happy, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as Tract No. 31348 ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. Atlantic Specialty Insurance NOW therefore, we the Principal and Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Thirty Two Thousand Five Hundred and no/100------------------------------------------------------ Dollars ($ 32,500.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on October 18 , 2016 RCS -Point Happy, LLC Principal r NA (Seal) - - �' nature a rincipal Title of Signatory Atlantic (Seal) BY: VVVV,U,k Signature of Surety Melissa Lopez, AttornVy-in-Fact Title of Signatory c/o Performance Bonding Surety & Insurance Brokerage, L.P 15901 Red Hill Avenue, Suite 100 Tustin, CA 92.790 Address of Surety (714) 824-8367 Phone # of Surety Melissa Lopez Contact Person for Surety T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form 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 y COUNTY OF LOS AtJ , } ss.) On (90 U. , 2016, before me, 5Pp4JtPT&4j A Notary Public, personally appeared ! who proved to me on the basis of satisfactory evidence to be the person(A whose name(o islafe subscribed to the within instrument and acknowledged to me that helms executed the same in hlslhe0their authorized capacity(.es), and that by signature{) on the instrument the person[)', or the entity upon behalf of which the person[ 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. SAMANTHA KANG Commission # 2050781 -r' Notary Public - California A Los Angeles County My Comm. Expires Dec 31, 2017 M018811612292838-2 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Orange } On OCT 18 2016 before me, Frances Lefle Public, Date personally appeared Melissa Lopez (here insert name and title of the officer) otary who proved to me on the basis of satisfactory evidence to be the person(- whose name(s) is/a4a subscribed to the within instrument and acknowledged to me that 4e/she/t4ey executed the same in 1-4*-/her/tke4- authorized capacity (-ice}, and that by his/her/their signahire(s� on the instrument the person(3.'), or the entity upon behalf of vvhich the person( 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. { P„ ��� FRANCES IL JLER 0 Q n COMM. # 2150250 X -ue T NOTARY PUBLIC-CALIFORNIA ;U ORANGE COUNTY � MY COMM, EXP. APRIL 23, 2U2G Signature.._ .'Z . [Seal) Description of Attached Document Title or Type of Document: Document Date: Other: OPTIONAL Number of Pages: - 1 ii'i�I=.`.i•:1". �- '+'-�r'+"-�?11 :L:'�tC'i '.��il�i'i: "il lrt �.�I t '+ € i - •�r•,:: - vio One Beacon I NSURANCE GROUP Power of Attorney 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: Erik Johansson, Melissa Lopez, Christina Johnson, Ellen Bell, Frances Lefler, each individually if there be more than one named, its true and lawful Attomey-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: sixty million dollars ($60,000,000) 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 Attomey-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 Attomey-in- Fact. Resolved: That the Attomey-in-Fact maybe 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, This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by 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 Attomey-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 hereby 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 eighth day of December, 2014. r �pLt Y "I N SV�D�4-�, G❑Rpd�r�'n6' SEAL m Y 19aa o4 By STATE OF MINNESOTA roQaa= Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this eighth day of December, 2014, 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. • TARA JANELLE STAFFORD NOTARY PUBLIC -MINNESOTA My Comm ssion Expires January 31.2020 f• i I Notary I, the undersigned, Assistant 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 OCT 18 71116 .,,,.,,,T.,,,, Qa �an�o>aarF9�, SEAL This Power of Attorney expires =Ir 1986 a October 1, 2017 y yeyy e - y0,, a James G. Jordan, Assistant Secretary City of La Quinta Public Works Department 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 Call Public Works for assistance at (760) 777-7075 Standard Dust Control Bond Forms Pursuant to LQMC 6.16 all Fugitive Dust Control Plans must be financially secure prior to issuance of any permits that authorizes construction or demolition activity that is not exempt from the Fugitive Dust Control Ordinance. The City requires financial security in the amount of $2,000 per acre. The security must be posted in two forms: 25% of the security must be a cash deposit, or an approved equal, such as a Certificate of Deposit, or a Letter of Credit; the remaining 75% of the security may be in the form of a surety bond. The City of La Quinta has prepared a Standard Dust Control Bond Form for use with the Fugitive Dust Control Plans. For easy electronic distribution purposes, the Standard Dust Control Bond Form is available in an interactive form in which you fill in the blanks while viewing the form with the Adobe Acrobat Reader (free software available at www.adobe .com), then print out the completed form, sign it, and seal it as appropriate. Simply forward the Standard Dust Control Bond Form to the bonding company via email and they can determine which completion method works best for their administrative operation. The bonding company must be listed in Circular 570 published by the US Treasury Department. Additionally, the City relies on the A.M. Best Company to evaluate the financial stability of the insurance company issuing the bonds. The City of La Quinta will not accept bonds from any insurance company with an AM Best rating less than "B++ or B+„ Please submit the completed form to Public Works Department for processing. T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form a� .c TWT �...��, AJ 4 To: Susan Maysels, City Clerk From: Bryan McKinney, Principal Engineer Via: imothy R. Jonasson, P.E., Design & Development Director/City Engineer Date: November 21, 2016 Subject: Replacement of Dust Control Bond for Tract Map 31348, Estates at Point Happy Please replace the following dust control bond held in your file for the above referenced tract. Please release the following performance security: Tract Map No. 31348 Type of Bond Bond No. Performance Amount Dust Control 66112398 $32,250 Please retain the following attached performance security: Tract Map No. 31348 Type of Bond Bond No. Performance Amount Dust Control 800029355 $32,500 New Developer: Ms. Rob Bernheimer 45025 Manitou Drive, Suite 3 Indian Wells, CA 92210 Surety Company: Lincoln General Insurance Company (66112398) Capitol Associates Building 901 N. 71h Street Harrisburg, PA 17102 Surety Company: Atlantic Specialty Insurance Company (800029355) 15901 Red Hill Avenue, Suite 100 Tustin, CA 92780 Attn: Melissa Lopez (714) 824-8367 cc: Project File I, Tract Map No. 31348 Page 1 of 1 . 9 Gu Ak- Zo OF44- Noverriber 23, 2016 Ms. Rob Bernheimer 45-025 Manitou Drive, Suite 3 Indian Wells, CA 92210 Re: Tract 31348 Dear Ms. Bernheimer: Per authorization from the Public Works Department, the City Clerk's office hereby releases Bond No, 66112398 in the amount of $32,250. If you have any questions, please call me at (760) 777-7103. Sincerely, Pam Nieto Deputy City Clerk c: Tim Jonasson, Design and Development Director Lincoln General Insurance Company File 78-495 Calle Tampico i La Quinta i California 92253 1 760.777.7000 1 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66112398 PREMIUM: $1019.00 ANNUALLY FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize P H RANCH, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as 46201 WASHINGTON STREET ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and LINCOLN GENERAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of THIRTY-TWO THOUSAND TWO HUNDRED FIFTY AND 00/100------__� Dollars ($ 32, 250. 00--.) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # Page 2of2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on MAY 24 2004. (Seal) natory LINCOLN GENERAL INSURANCE COMPANY Surety (Seal) / (�:n// -L , - -, Signature of Surety KENNETH A. COATE, ATTORNEY -IN -FACT Title of Signatory 701 B STREET, SUITE 2100 SAN DIEGO CA 92101-6197 Address of Surety (619) 881-8480 Phone # of Surety RON BALLARD ___Contact Person -For _Surety_ F211 Bond NO. 66112398 TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula _ established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond_ The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 CALIFORNIA IALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On MAY 2 4 Z004 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary personally appeared KENNETH A. COATE, ATTORNEY IN FACT Name(s) of Signer(s) ® personally known to me -OR- ❑ 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 capacity(ies), and that by his/her/their S. L KYSEM signature(s) on the instrument the person(s), or the entity upon CommWion# 1274061 I behalf of which the person(s) acted, executed the instrument. i� Notc ry Public — Coilfomio x I San 86mmfino County ii My Comm. Expires Sep 1 Z 2D04 WITNESS my hand and official seal. Public -------------------------------------- _OPTIONAL -------------------__--_--R------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: ❑ Individual ❑ Corporate Officer ❑ Titles(s): Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Thumb here BD-1133 09/00 ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66112398 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW. ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and anvoint: Kenneth A.Coate, Mark N. Gladding, Julia B. Leonard its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three IVllllion Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 0 day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized io execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers rnaldng the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, rnay be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein tray be affixed by stamping, printing, typing, or photocopying. IN WFINESS WHEREOF, Lincoln General Insurance Company has caused be signed by its duly authorized officers this 4th day q�' m*$. 22002. Attest: Gary 3. do Se tary :Z (3 : =� The Commonwealth of Pennsylvania Y 1977_ ; O York County s�Q NSYLVI`a�4: �a On this 4th day of September, 2002, before m�orpdfona]I came C. Bhojwani, to me known, who being duly sworn, did depose and say: that he is the President of the Cj;p-M- in and which executed the above ingtrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of safd Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania Catherine Made LoQS8, Notery York County 'Springatisbury Twp.' York C MY Cornrnmoor: Expires June t Notary I, Gary Omdorffy Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a frill, true and correct copy of Power of Attorney issued by said Corrxpzmy,, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 24TH day of _MAY 2004 viuururr►ef. 1NSO ORA7Fs ' - J 3. d , 5e--retary == '1977 :o= r'�rrrrrrrru atttui��''���,� M. ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND N0: SU500110307 PREMIUM: $2,163.00 FAITHFUL PERFORMANCE BOND (LQMC 8,02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit ##_ in accordance with the La Quints Municipal Code, and the California Building Code which is adopted by reference, to PH RANCH, LLC , as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City* and others as TRACT 31348 ; and WHEREAS, Said Principal is required under the terms of the permit t4 furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and ARCH INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of ONE HUNDRED EIGHT THOUSAND ONE HUNDRED FIFTY AND 100-------------------------- Dollars ($1 o8,150.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said permit and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension, of time, alteration or addition to the terms of the permit or to the work to be performed thereunder or the specifications accompanying the some shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the permit or to the work or to the specifications. KIN Page 1 of 2 R�m ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SU5011916 PREMIUM: $13,620.00 SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: STREET IMPROVEMENTS, SOUNDWALL 6' BLOCK, RETAINING WALL, LANDSCAPE AND IRRIGATION, ACCESS GATE, 8' WIDE MEANDERING SIDEWALK 50% OF TRAFFIC SIGNAL AND APPURTANCES (1) KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and PH RANCH, LLC hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200, and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 648, 562.00------- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *SIX HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED SIXTY-TWO AND 00/100------ The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it -shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: GRADING KNOW ALL MEN BY THESE PRESENTS: BOND NO: SU5011912 PREMIUM: $6,484.00 THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31346 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and hereWafter designated as ("principal") PH RANCH LLC have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_ , and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 308,767.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *THREE HUNDRED EIGHT THOUSAND SEVEN HUNDRED SIXTY-SEVEN AND 00/100-- The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save. harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Page 1 of 2 F201 - Performance Bond ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND N0: SU5011915PREMIUM: $486.00 SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND 'IMPROVEMENT DESCRIPTION: MONUMENTATION KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and hereiafter designated as ("principal") PH RANCH LLC have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200 , and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of TWENTY-THREE THOUSAND ONE HUNbRED THIRTY-SIX & 00/10dDOLLARS ($ 23,136 00--------- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SU5011913 PREMIUM: $28,490.00 SUBDIVISION IMPROVEMENTS Tract Map No. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: DRAINAGE, STREET IMPROVEMENTS, DOMESTIC WATER AND SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map NO. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and PH RANCH, LLC hereinafter designated as ("principal') have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 1200 _ , and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 1 , 356, 641.00----- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *ONE. MILLION THREE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FORTY-ONE AND 00/100---- The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 ORIGINAL, ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: SU5011914 PREMIUM: $5,073.00 SUBDIVISION IMPROVEMENTS Tract Map NO. 31348 PERFORMANCE BOND IMPROVEMENT DESCRIPTION: DRY UTILITIES KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map NO. 31348 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and PH RANCH, LLc hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200, and identified as Tract Map No. 31348 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and ARCH INSURANCE COMPANY , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of * DOLLARS ($ 241 , 560.00------- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *TWO HUNDRED FORTY-ONE THOUSAND FIVE HUNDRED SIXTY AND 00/100 ------------------ The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it -shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 ORIGINAL ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 66112398 PREMIUM: $1019.00 ANNUALLY FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize P H . RANCH, LLC , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as 46201 WASHINGTON STREET, ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan. NOW, therefore, we the Principal and LINCOLN GENERAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of THIRTY-TWO THOUSAND TWO HUNDRED FIFTY AND 00/100------------------------------- -- Dollars ($ 32, 250.00--- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said dust control plan and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211