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37790 Sunrise LQ, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: Development: Developer/Owner: 37790 Club Villas at Andalusia Sunrise LQ, LLC Bond Company: Harco National Insurance Company 2400 E Katella Ave, Suite 2505 Anaheim, CA 92806 ATTN: Heather M. Valtier Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance 076536 $2,227,819 Released 11/25/24 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: November 19, 2024 STAFF REPORT AGENDA TITLE: ACCEPT ON -SITE IMPROVEMENTS ASSOCIATED WITH CLUB VILLA AT ANDALUSIA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 37790, LOCATED SOUTH OF AVENUE 58, EAST OF MADISON STREET, WITHIN THE ANDALUSIA AT CORAL MOUNTAIN DEVELOPMENT RECOMMENDATION Accept the on -site improvements associated with Tract Map No. 37790, Club Villa at Andalusia, and authorize staff to release the performance security. EXECUTIVE SUMMARY • Club Villa at Andalusia is a residential project located south of Avenue 58, east of Madison Street, within the Andalusia at Coral Mountain development (Attachment 1). • Sunrise LQ, LLC (Developer) has requested release of the performance security. • All on -site improvements have been completed and staff recommends acceptance and release of the performance security. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The Developer has completed all on -site improvements required by Tract Map No. 37790. The improvements include grading, pavement, storm drain, signing and striping, water, sewer, dry utilities, walls, landscaping, and setting monumentation. Staff inspected the 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. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 21 ATTACHMENT 1 TRACT MAP NO. 37790 PROJECT SITE AIRPOR BLVD. 8TH AVE. w20} �'r 61 AVE. ID AVE. VICINITY MAP NOT TO SCALE 22 ta QaNfra CAI. IFORNIA - MEMORANDUM Date: November 25, 2024 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re: TM 37790, Club Villa at Andalusia, Bonds Release for On -Site Improvements Please release the following bond held in your files for the above referenced tract. The on -site improvements were accepted by City Council on November 19, 2024. The bonds amount and the address to the developer and surety company are as follows: Tract Map No. 37790 Bond Description Bond No. Bond Amount Performance 076536 $2,227,819 Developer: Nolan Sparks Sunrise LQ, LLC 81570 Carboneras La Quinta, CA 92253 Surety Company: Harco National Insurance Company 2400 E. Katella Ave, Ste 250 Anaheim, CA 92806 Attn: Steve Kane If you have any questions, please contact me at extension 7047. Thank You. ta Qaigra CALIFORNIA - November 25, 2024 Sunrise LQ, LLC 81570 Carboneras La Quinta, CA 92253 Attention: Nolan Sparks RE: TRACT MAP 37790 CLUB VILLAS AT ANDALUSIA — RELEASE OF BOND Dear Mr. Sparks, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bond and notified Harco National Insurance Company on 11 /25/2024. Bond Number Bond Amount Bond Type 076536 $2,227,819 Performance The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, &Ai� - . G Olivia Rodriguez, Acting Deputy City Clerk Email: ORodrig uez LaQuintaCA.gov Tel: (760) 777 - 7162 ta Qa44V CAI.IFORNIA November 25, 2024 Harco National Insurance Company 2400 E Katella Ave, Suite 2505 Anaheim, CA 92806 Attention: Steve Kane RE: TRACT MAP 37790 CLUB VILLAS AT ANDALUSIA — RELEASE OF BOND Dear Ms. Valtier, 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 076536 $2,227,819 Performance A copy of the bond being released is enclosed for your reference. Sunrise LQ, LLC, the developer, was also notified of the above bonds release on 11/25/2024. Please do not hesitate to contact me should you have any questions. Sincerely, 6A4 G Olivia Rodriguez, Acting Deputy City Clerk Email: ORodric u� ez(a-)LaQuintaCA.gov Tel: (760) 777 - 7162 Bond # 0765436 Premium: $40,635.00 SUBDIVISION IMPROVEMENTS Tract Map No. 37790 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. 37790 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 Sunrise LQ, 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 _ and identified as Tract Map No. 37790 —.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 Harco National Insurance Company, as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of two million two hundred twenty seven thousand eight hundred nineteen DOLLARS ( $2,227,819.00 _) 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 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 23 , 2020 Sunrise LQ, LLC a Delaware limited liability company By: Andalusia Capital Partner, LLC its Sole Member By: Sunrise ACP, LLC its Manager Principal , I `c— �J (Seal) Signature of qrincipal Title of Signatory Harco National Insurance Company Sur y (Seal) Signature of Surety Heather M. Valtier, Attorney in Fact Title of Signatory ►IlNO 5.! Address of Surety Phone # of Surety Contact Person For Surety 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 On Riverside July 23, 2020 Date before me, personally appeared Phillip K. Smith, Jr. µ „,4 JUANITA M. A. GAMA Notary Public -California T Riverside County w m Commission A 2274810 My Comm. Expires Feb 7, 2 3 Place Notary Seal Above Juanita M.A. Gama, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personal whose name(s) is/ ay.e subscribed to the within instrument and acknowledged to me that he/ste/t,;rey executed the same in his/h,-r/Oreir authorized capacity (ice}, and that by his/her/their signature(a) on the instrument the person(sfi, or the entity upon behalf of which the person(fry 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. Signature: • 0 _ Ck�i'1 Signature of Notary Public OPTIONAL Though the information below is not required bylaw, itmay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Bond Number 0765436; Subdivision Improvements Tract Map No. 37790 Document Date: 23, 2020 Number of Pages: 2 Signer(s) Other Than Named Above: n/a POWER OF ATTORNEY Bond # 0765436 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint SKYLAR ROMINES, MICHAEL J. PERRY, ROBERT RANALLO, SANDRA L. SIKORA, DANA DOWERS, HEATHER M. VALTIER, RAY CHAO Irvine, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2018 ,,..•..,,,. \D�rr J�s�j STATE OF NEW JERSEY STATE OF ILLINOISapvoAa 4Pp�4� County of Essex County of Cook e y SEAL '" M Kenneth Chapman �yl t k Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ■•t'"t'++"+. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, A. v�:..... QG% % New Jersey the day and year first above written. � d Aq 41, +Fiy JRS.�� �• Shirelie A. OutlVey a Notary Public of New Jersey I P Lh My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, July 23, 2020 A01718 Irene Martins, Assistant Secretary CALIFORNIA 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 7/23/2020 before me, Mary Katherine McBride (Here insert name and title of the officer) personally appeared Heather M. Valtier Notary Public, 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,y MAP KATHERINE MCBRIDE Notary public - California WITNESS my hand and official seal. ? ' Orange County Commission C 7 > My Comm. Expires Sep 11, 2022 (Notary Seal) Signaturc of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond Rider - Harco Bond No 0765436 (Title or description of attached document) (Title or description of attached document continued) Number of Pages 1 Document Date 7/23/2020 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑✓ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) 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 plural forms by crossing off incorrect forms (i.e. lie/she/4wy 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. 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