38668 Dune Palms Mixed-Use - OBR & Released BondsOUTSTANDING BOND REPORT
Tract Number: 38668
Development: Dune Palms Mixed -Use Project - NEC Dune Palms
& HWY 111
Developer/Owner: BP Dune Palms (Prev. DWCG1, LLC)
Bond Company: Great American Insurance Company,
301 E. 4' Street
Cincinnati, OH 45202
Attn: Kristie Paolozzi
Outstanding / Released Bonds:
Bond Type
Bond No.
Amount:
Date Replaced or Released
Performance
E711578
$482,680
Released 12/18/2023
Labor & Material
E711578
$482,680
Released 12/18/2023
Performance
100821315
$482,680
Labor & Material
100821315
$482,680
.,CaQdifr�,
MEMORANDUM
Date: December 14, 2023
To: Monika Radeva, City Clerk
From: Amy Yu, Associate Engineer
Re: Bond Replacement for Parcel Map 38668, Blackpoint Properties
CALIFORNIA
Please replace the following bonds held in your file for the above referenced project per
Assignment and Assumption Agreement and Amendment to Subdivision Improvement
Agreement for PM 38668
Please release the following bonds:
Parcel Map No. 38668
Type of Bond
Bond No.
Bond Amount
Performance
E711578
$482,680
Labor & Materials
E711578
$482,680
Please retain the following attached bonds:
Parcel Map No. 38668
Type of Bond
Bond No.
Bond Amount
Performance
100821315
$482,680
Labor & Materials
100821315
$482,680
Previous Developer:
Surety Company:
DWCG1, LLC
1400 N. Tustin St
Orange, CA 92867
Great American Insurance Company
301 E. 4th Street
Cincinnati, OH 45202
Attn: Kristie Paolozzi
78495 Calle Tampico 1 La Quints, California 92253 1760.777.70001 www .laquintaca,gov
W ��LINW
CALIFORNIA -
December 18, 2023 --
DWCG1, LLC
1400 N. Tustin St.
Orange, CA 92867
RE: PARCEL MAP 38668 BLACKPOINT PROPERTIES — 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 Great American Insurance Company
on 12/18/2023.
Bond Number
Bond Amount
Bond Type
E711578
$482,680
Performance
E711578
$482,680
Labor & Materials
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�LaQuintaCA.gov
Tel: (760) 777 - 7123
W �GGI'NW
CALIFORNIA -
December 18, 2023 --
Great American Insurance Company
301 E. 4t" Street
Cincinnati, OH 45202
Attention: Kristie Paolozzi
RE: PARCEL MAP 38668 BLACKPOINT PROPERTIES — RELEASE OF BONDS
Dear Ms. Paolozzi,
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
E711578
$482,680
Performance
E711578
$482,680
Labor & Materials
Copies of the bonds being released are enclosed for your reference.
DWCG1, LLC, the developer, was also notified of the above bonds release on 12/18/2023.
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
SUBDIVISION IMPROVEMENTS
Parcel Map No. 38668
Bond No. E711578
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No.
38688, 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
DWCG1, 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 October
11, 2023, and identified as Parcel Map No. 3-8668, 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 Great American Insurance Company_, as surety, are held
and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of
Four Hundred Eighty Two Thousand Six Hundred and Eighty DOLLARS ($482,680) 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 October 11, 2023.
DWCG1, LLC
Principal
(Seal) Signature of Principal
Title of Signatory
Great American Insurance Company
Surety
(Seal) Signature Surety
Attorney -in -Fact
Title of Signatory
301 E. 4th Street, Cincinnati, OH 45202
Address of Surety
515-369-5000
Phone # of Surety
Kristie Paolozzi
Contact Person For Surety
"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."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of e S SS.
I
before me
,
Notary)
personally appeared G el , who proved to me
(Name of Sign r)
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.
WITNESS my hand and official
(Seal)
CLARISSA LEILANI ROSS
Notary peblio California
x W Los Angeles County ig
" Commission ; 2375671
" µY Comm. Expires Oct 17, 2025 J
OPTIONAL
The foll-a;�Jng information is not required by law, however it may be helpful in preventing fraudul
of this ackno�dgement. -
DOCUMENT TITLE OR DESCRIPTION
DOCUMENT DATE:
COMMENTS:
NUMBER
S959 (2014)
GREAT AMERICAN INSURANCE COMPANY'
Administrative Office: 301 E 4TH STREET 0 CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than One
POWER OF ATTORNEY
Bond No. E711578
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -
fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, the specific bond, undertaking or contract of suretyship referenced
herein; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed
the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid.
Name Address Limit of Power
Michael T. Thaxton 11338 Moorpark St. $482680---
Studio City; CA 91602
IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 11th day of October 1 2023
Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Senior rice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VicARio (877-377-2405)
On this 11 th day of October 2023 , before me personally appeared MARK VICARIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
1U10 A KOHORST
Notary Public
State of Ohio
My Comm. Exp1m
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, fivin time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofstoetyship, or other written obligations in the nature thereof- to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of stretyship,
or other written obligation in the nature thereof, such signature and seal when 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.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 11th day of October 2023
41'. e. 3
Assistant Secretary
S1194E (05/20)
SUBDIVISION IMPROVEMENTS
Parcel Map No. 38668
Bond No. E711578
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No.
38668, 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
DWCG1, LLC hereinafter designated as "the principal" have entered into an agreement whereby the principal
agrees to install and complete certain designated public improvements, which agreement, dated October
11, 2023, and identified as
Parcel Map No. 38668, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the agreement, the principal is required before entering upon the
performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the
claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of California.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound
unto the City of La Quinta and all contractors, subcontractors, laborers, materialmen, and other persons
employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code in the sum of Four Hundred Eighty Two Thousand Six Hundred and
Eighty DOLLARS ($482,680), for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an
amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will
pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable
attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court,
and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to
the terms of the agreement 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, alteration, or
addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named,
on October 11. 2023.
DWCG1, LLC
Principal
(Seal) I�
Signature of Principal
�m c�
Title of Signatory
Great American Ins rance Company
Surety
(Seal)
Signature of S ety
Attorney -in -Fact
Title of Signatory
301 E. 4th Street, Cincinnati, OH 45202
Address of Surety
515-369-5000
Phone # of Surety
Kristie Paolozzi
Contact Person For Surety
"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."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _ S -� C 't°� SS. /J
(6-1- 1 �, S S
On i , before me, _J
{ te} I (Notary)
personally appeared f/yj, r 7c-e-4 - / /] *l _, �!) , who proved to me
(Name of Signer)
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
paragraph is true and correct.
WITNESS my hand and official seal! C -
(Signature of Notary
vF �y CLARISSA LEILANI ROSS
? Notary Public - California
w - Los Angeles county
Commission 4 2375671
My comm. Expires Oct 17, 2025
OPTIONAL
The follo information is not required by law, however it may be helpful in
of this acknow ggment.
DOCUMENT TITLE OR DESCRIPTION
DOCUMENT DA
COMMENTS:
OF PAGES:
(Seal)
foregoing
use
S959 (2014)
GREAT AMERICAN INSURANCE COMPANY'
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than One
POWER OF ATTORNEY
Bond No. E711578
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -
fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, the specific bond, undertaking or contract of suretyship referenced
herein; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed
the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid.
Name Address Limit of Power
Michael T. Thaxton 11338 Moorpark St. $482680---
Studio City, CA 91602
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 11th day of October 1 2023
Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Senior rice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK vicARio (877-377-2405)
On this 11 th day of October 2023 , before me personally appeared MARK VICARIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KO11ORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or anv one of them, be and hereby is authorized, f om time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as suety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secrelan, or Assistant Secretary of the
Company may be afficed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when 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.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 11th day of October , 2023
Assistant Secretary
S1194E (05/20)