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31143 OBR & Released BondsOUTSTANDING BOND REPORT Name: Dunes Business Park Tract No. 31143 Date of Contract: March 15, 2006 Required Bond Amounts: Grading $ 75,000 PM 10 $ 9,375 On -Site Grading $ 71,231 1 $ 71,231 Drainage $ 97,690 1 $ 97,690 Water $288,648 1 $288,648 Parking Lot $488,170 1 $488,170 Sewer $ 57,765 1 $ 57,765 Monumentation $ 5,000 10% Contingency $100,850 1 $100,350 Prof. Fees Design $110,935 1 $110,385 Prof. Fees Construction $110,935 1 $110,385 Off -Site Hwy 111 Improvements $ 68,495 / $ 68,495 Storm Drain $ 15,400 1 $ 15,400 Sidewalk $ 1,860 / $ 1,860 Landscaping $ 26,000 1 $ 26,000 Relocate Poles $ 45,000 1 $ 45,000 10% Contingency $ 15,676 / $ 15,676 Prof. Fees Design $ 17,243 / $ 17,243 Prof. Fees Construction $ 17,243 1 $ 17,243 Outstanding Bonds and Bond Company: American Contractors Indemnity Co. and Developers Surety & Indemnity Co. Amount: Bond No. Date Cancelled/Released: $ 75,000 266907 Released 6/21/2013 $ 9,375 266908 Released 6/21/2013 $1,331,224 (P) 725793S Replaced wlrider 1 /6/09 $ 133,122 (R) same Released 6/21/2013 $1,324,624 (L&M) same Released 5/15/2015 $ 206,917 (P) 725794S Replaced w/rider 116109 $ 20,691 (R) same Released 9/18/2012 - $ 206,917 (L&M) same Released 6/21/2013 $ 15,676 (W) 725794S Released 5/15/2015 May 15, 2015 Mr. Chris Caras Dunes Business Park, LLC 355 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 Re: Tract Map 31 143 Dear Mr. Caras: Per authorization from the Public Works Department, the City Clerk's office hereby releases the following bonds: Bond # 725793S in the amount of $1,324,624 Bond # 725794S in the amount of $15,676 If you have any questions, please call me at (760) 777-7103. Sincerely, Pam Nieto Administrative Technician c: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Company File 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 wwwla-Quinta.org W VO r 0 LZ ' 2 • , top- Cfi 9w`' OF Tt To: Susan Maysels, City Clerk n From: Kryan McKinney, P.E., Development Services Principal Engineer,i�`%Y] Via: i othy R. Jonasson, P.E., Public Works Director /City Engineer Date: May 13, 2015 Subject: Release of Labor & Materials and Warranty Securities for Parcel Map No. 31143, Dunes Business Park Please release the following securities held in your files for the above referenced project. The City Council accepted the offsite improvements on July 17, 2012 and the onsite improvements on June 4, 2013. The security amounts and the address to the developer and Surety Company are as follows: PARCEL No. 31143 Bond No. Bond Amount 725793S Labor & Materials $1,324,624 725794S warrant $15,676 Developer: Mr. Chris Caras Dunes Business Park, LLC 355 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 Surety Company: Developers Surety and Indemnity Company 3517 Camino Del Rio South, Suite 200 San Diego, CA 92108 Cc: Project File I, Parcel Map No. 31 143 VHI] _ INSCO INSURANCE SERVICES, INC. inc%NCO Underwriting Manager for: �p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (800)-782-1546 www.InscoDico.com ' WARRANTY BOND Bond No. 725794S Effective Date: 07/17/12 KNOW ALL PERSONS BY THESE PRESENTS: THAT we, THE DUNES BUSINESS PARK LLC , as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized and doing business under and by virtue of the laws of the State of IOWA and duly licensed to conduct surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF LA QUINTA as Obligee, in the sum of FIFTEEN THOUSAND, SIX HUNDRED SEVENTY SIX --- ($ 15,676.00--- ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: PARCEL MAP NO. 31143, DUNES BUSINESS PARK SUBDIVISION IMPROVEMENTS WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of ONE (1) year(s); NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of ONE (1) year(s) from the effective date of this bond, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 15TH THE DUNES BUSINESS PARK LLC (Princ' 1) t qA' 5, dv 4'vA ) Ar. ID-1799 (Warranty -No Performance) (5/10) day of AUGUST 12012 —Year DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety) S. SMITH -BOWMAN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On AUGUST 15, 2012 before me, A. WATT, NOTARY PUBLIC Date Here Insert Name and Title of the officer personally appeared S. SMITH -BOWMAN Name(s) of Signer(s) A. WATT Commission # 1818935 Notary Public - California i San Oiego County My Comm. Expires Oct 21, 201P Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name(i) is/sUb subscribed to the within instrument and acknowledged to me thatk!/she/Wdy executed the same inMd/her/Mldauthorized capacity(/V ), and that by fli her/111YO f signature(,;) on the instrument the person(i), 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. Signature Signature of Notary Public A. WATT OPTIONAL 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 — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 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 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Ted Collins, Leslie Hahn, A. Watt, Steven R. Bonilla, S. Smith -Bowman, jointly or severally*** as their true and lawful Atlorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: AND Daniel Young, Vice -President ,oyJQ �PP0R4p''F�i-;I ram; 10 By: LU 0'. 1936 Stephen T. Pate, Senior Vice -President State of California County of Orange * , On January 31, 2011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared 3 00ANTONIO ALVARADO COMM. # 1860643 ORANGE COMITY My cw n. eo#w Aug. 9, 2013 Place Notary Seal Above and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey 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 Signature CERTIFICATE Antonio Alvarado, Notary Public The undersigned, as Secretary orAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 15th day of AUGUST 2012`'` ., 'Gregg Okur , istant Secretary 1-a ti ID-1380(Rev.01/11) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of before me, ell��� �� u t 4 , ? I Date Here Ins Name and Title of th Officer personally appeared 5 0sEH AXIAN Commission * 1967896 Notary Public - California = Los Angeles County My Comm. Ex ires Jan 29, 2016 CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person whose name is/ aFe subscribed to the within instrument and acknowledged to me that he/§�(e/tl?�y executed the same in his r/th6ir authorized capacity(), and that by his/,Rf/t eir signatureo) on the instrument the person , or the entity upon behalf of which the opersonacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m)ha n off* ci;al seal. g /�114Sinature:Place Notary Seal Above Sig rary Public OPTIONAL 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 Documgg4n��''t Title or Type of Document: �il`���t VWA s 1' i ! � Document Date: V , -'Z Number of Pages: Signer(s) Other Than Named Above: �rt Capacity(ies) Claimed by Signer(s) Signer's Name: �� l� �V , �i - Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual •lmgguiiiiiiiiiiiiiiiiii ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: igner Is R presenting: ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing U 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 BOND NO. 725793S PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Parcel Map No. 31143 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. 31143 , 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 THE DUNES BUSINESS PARK, 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 : , 200, and identified as Parcel Map No. 3114-1 , 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 persogn2s, employed in the performance of the agreement and referred MILLION 15 (commencing with Section 3QOUR THOUSAND of Part 4 of Division 3 of the Civil Code in the sum of RED r SIX HUNDRED TWENTY*DOLLARS ($ 1,324,624.00 ), 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. **FOUR DOLLARS AND 00/100 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. F202 - Labor and Material Bond Page 1 of 2 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 JAN. 25, , 2006 . THE DUNES WSIVESS PARK LLC Principal ^ / (Seal) C-- Signature of Principal F202 - Labor and Material Bond Page 2 of 2 State of California County of San Diego On 1 / 25 / 2006 before me, Rachel G. Holbrook, Notary Public personally appeared Cyndi Beilman,. 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. It -ay,11 (Signature of Notary) (Seal) A A POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally*** as their true and lawful Attorneys) -in -Pact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-ir,-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with aspect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. By David H. Rhodes, Executive Vice -President Walter A. Crowell, Secretary STATE OF CALIFORNI.A COUNTY Of ORANGE p P ORq ,•'�yJ�� er : OCT. : e oW= 90 Q: 1936 h :oQ IOWP . 'A 4: Or. December 1, 2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(im), and that by his/her/their sigreature(s) on the instrument the persor(s), or the entity upon behalf of which the persor(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE t: c The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNIT Y COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in hill force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 25TIay of JANUARY— _ 2006-_ -------.._._...- Albert Hillebrand. Assistant Secretary ID- 1380 (Rev. 12/05) T-d4f 4 4Q" 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 June 21, 2013 Mr. Chris Caras Dunes Business Park, LLC 355 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 Re: Parcel Map No. 31 143 Dear Mr. Caras: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's office hereby releases the following bonds: Grading 266907 $75,000. PM-10 266908 $ 9,375. Onsite Performance 725793S $133,122. (reduced amt.) Offsite L & M 725794S $206,917. If you have any questions, please call me at (760) 777-7123. Sincerely, Susan Maysels City Clerk cc: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Company BOND# 266907 PREMIUM: $1500.00 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Grading Bond WHEREAS, the City of La Quinta, California, is prepared to issue Encroachment Permit # in accordance with the La Quinta Municipal Code, and the California Building Code which is adopted by reference, to 331F. TTTTNFS RTTSTNESS PARK LLC ,'as Principal, whereby Principal will be authorized to perform certain grading improvements identified in the permit, and as further detailed on the grading plans referenced therein, to privately -owned property generally known to the City and others as THE pn"q RTTSTNFSS PATWnd WHEREAS, Said Principal is required under the terms of the permit to furnish a bond for the faithful performance of the grading work in accordance with the approved plans, specifications, and permit requirements; or, if 'the work is abandoned (not completed as required), Principal shall correct or eliminate any hazardous conditions that may exist. NOW, therefore, we the Principal and �MERICAN CONTRACTORS INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal SUM of SEVENTY FIVE THOUSAND AND NO/00 Dollars ($ ) 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, las therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain infull force and effect. I 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 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 permit or to the work or to the specifications. Page 1 of 2 F210 Grading Bond Encroachment Permit # Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on 9-28— 200 S (Seal) (Seal) F210 TRE_DUNES BUSINESS PARK, LLC MAn/NGh atory INDEMNITY COMPANY 10816� DEL RIO SOUTH #107 Address of Surety SAN DTEw, CA 92108 619-297-2900 Phone # i bf Surety CORRINE BROWN Contact Person For Surety X "M =_ � -_ l IIII llllllu'Ii1111111111'lIIIIIII 'CINlillulilti 1i lleric 'Ill rnwCompar 's. ­0` F. ligile 90'045 9841 AirpokBiv. 106T-I�OA s_ CaliforniaC r IN r "MMMAMEW BY THWKMSM� EMS That American Contractors Indemnity Compaq a6� C! j _w ate of ii, T de-sM �-b is corl R-Alia M M_ y apV II li II plI— MM VA of San gginni.Il -' true and lawful Attompy(s)-in-Fact, with full authority to execute on jts'�beWfboh'ds, undertakings, reg2ame-esl of indemnity and -writiri s obligatoty.in tlie-nature ithereof, issued n the coAks - _-b%W_W-,and Afti1WWidACVM W theisaw" Z g - Amount not to exceed WIN -Ma MO. ion ekpirM- %�Mct on kcl iphis Po �MatC 101111j" I III loll is tto is granted and is signed�a d.sealed by facsi IIIIi RIP PI 1111hi mile under and by the authodgLoUhi=jG6lloWing ,p V I rectors -of AMERICAN CONTRACTORS . INDEMNITY COMPANY afI f 3—M the Board on)i December 1900.�. W1 WA E&W rive Secretary or Ajwst=_gSw_reW0*a1I cutive v Vice Vice President; ih-A mower an4,'i 4'I`behaj(qjW9ft= W-all I of the Collnpany':II I A WkQ ig1mm e sea Z7= Illu u �a V nNAd III! Ili � 4 g! ndertl cue.4557 emnqyanaoilngs' obligatory in the nature thereof 2. To; reimove,.at any time, any such Attorney -in Fact and revoke the authority ."RES.aj�lFb Fqj H i natures o ftliff, We"(W seal �qj&-_ affxA% aW3ufflPMwerqfAtto, ttiftt g,ft the � I Rill, ill lq r *MIMrney or Bert ftcate A1147 thereto 0 , " . ` uch PoW4ff3%"ARVF0cate. bMng such simile signatures orjacsimile seal shall be valid and bm d* —a-M-0 IN 9,7P el1r, so executed and 6ertified byjacsimile. s alures and facsimile seal be valid COTPOW jgn 1,an lhiplig -:07W ture w J -respeet aws; Hal to which 1IT'l, !H'Jil! "l"ii I $ h tI bond or undertaken d 1 N110" - .­7 IN WITNESS OF, UMiffiM0qtHc1&s Inde 1 1II 1kaffixed herei'o"'I executed by. its Chief )MURE cause !1 111 It I! SOM-the 150'4w� HAW-c M-W, 2003'. -77 - 3 ,9 AMERICA TRACT@ cop NY it ill ' III III I�Iffiffm It Alllllm� WEI Q SEM I By Rob jIII —Exec' br MAE A. M M it nllil IF TE OF CAL C -A S AN VU G It" Wi l W*fbecember 2003, before me, Deborah Reese, a notary -public, -personally appeared Robert F..Th=a - Officer­7Contractors Indemnity Company, to me pers 1 I'mi-ld facer Aw (WA �gianIII! e tift j��Wic A_ck_nN Ow ed fore -tv - c' ent -We I ged,,thathe executed the for %irminstKA&I and af 1% OMOMEM WWbWNffioritV.dWA 0 rporatd._ ecretary of American.Cbntrajct6rs' by thd Board of Directorsof said.0 - ompany. Company; dq.h e-re'by certify ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 9-28-05 before me, (DATE) personally appeared CORRINE BROWN n personally known to me - OR - CARLA M. A— !— E—EN Commission # 1477711 Notary Publlc _ Callfornla • San DW90 County yComm. Expires Mar 20, 20 CARLA M_ ALLEN, NOTARY PUBLIC SIGNER(S) ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my l and and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) AMERICAN CONTRACTORS INDEMNITY COMPANY SURETY BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER m m t RIGHT THUMBPRINT =_ n OF E SIGNER o .n APA 5/99 VALLEY -SIERRA, 800-362-3369 FAITHFUL PERFORMANCE BOND (LQMC 6.1¢) BOND# 266908 Fugitive Dust Control Bond PREMIUM: $300.00 WHEREAS, the City of La Quinta, California, is prepared to authorize THE DUNES BUSINESS PARK_ 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 THE DUNES BUSINESS PARK ;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 AMFRTCAN CONTRACTORS INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of La �uinta, as Obligee, in the penal sum of NINE THOUSAND THREE HUNDRED SEVENTY FIVE AND N0 00 Dollars ($9375.00 ) 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 l Fugitive Dust Control Plan # ! Page 2 of 2 i i In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on 9-28— , 2005 . THE -DUNES BUSINESS PARR LLC Pr noip I' ^ (Seal) Sibrr9tur6 of Pr cipal (Seal) F211 Y COHPANY 17 SAN DINGO, CA 92108 619-297-2900 Phone # llof Surety CORRINE BROWN Contact Person For Surety ld,Iklijl�ii� .:,I !IJ i5l. 1; -- ---- -- Ea J. -Arn c ors i'demnity Compa .11� . . V n: y IP 9841 Airport Blvd., 9'h Floor Los Angeles, California 90045 Ti 0Y POWER10FATAfZ4 i5KNOW AU MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, aCali is corgojao,�dzes�Cw_by appo t Corrine Brown of Son Diego, California 0 [1 1. V MAIM true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, rewVjzanqes.�md otherspon of indemnity and writings obligatory in the nature thereof, issued in the couTs�_vf_iu. lft."- and td1biffl_M_Q_p__ �- there Amount not to exceed $ ********3,000,000.00***-****** 1 - - This Pow-fi t0orkIrW ipi expireqftm*ft�Mction oifNiar�h e Im 7 llkiXI t rney i y T to s granted and is signed and sealed by facsimile under and by the authori of-the-fol lowing the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at - dt� wed and �Tjlli i �t December, 1990. ve 0 leer P sir ca ny Vice Nis VWWaicWbe Vice President, Secretary or A=sAwt&r_re1&rjkA&Jl haverth _mower and authority 101 p - I TI JWIINPp� $1hI l. A ttorneyO)-in Fac"W to. authoriz1oll1iAle*? :1o"llJj�tedII 'behalf o( M 5W attach the seal of the Company thereto, Is i,nti und,rtaongscoh6&isofind,mniy&ndother AnV obligatory in the nature thereof and, 10 1111 1, 1 2. To remove, at anytime, any such Attorney-in-Faci and revoke the aythariiy�lw RESOLVED FURTIIEJ� that t4 sipwitures oj'�hw& qjUr affix Whi&PXer of Attorney or certificate - -W - ej %_ -rel4ting-thereto byfilpcsimile, and CMY such PowkWlkq$kZ.;'_ te be�mlnj_ikhja�simile signatures or facsimile seal shall be valid and binding.- topqn-1he Company any such er so executed and certified by facsimile signatures andfacsimile seal shall be valid and binding- 9he CompaI1W ih- thefuture with respect to any bond or undertaking to which it is qifqc.�ed, INWITNESS_WHEREOF, )%Wj61fI. -t&s I d i 4�11 Inde p. causedMS 901 -4- -to$6 affixed hereto and executed by its Chief &�flkk J the 15' dW&Mft_e_WWTM3. Off T jT AMERnr$NTRACTP C04F�" Ae By: mas'Ordf Exec Robert F K.: I is. STATE OF CALIFORNIA Mill ADn —AW I P_ NNy of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas - Q _Aud Executive Officer of American Contractors Indemnity Company, to me personally kri to be the d acknowledged that he execjled the faregoing-jostnitie a and affixed 4e sea[ Pf SaidG_ corporatiowffieml ��hority ofX-1si_6fMe_ N)E 12PA 411ill, 11, #4IWtTNESS' 1:114 seal.mw 11 it: I. V [*MRM WIE C mm 4WA9 Im kvillilles COW My com. EXPIlles Mar 18, 2007 yC M Signature of Notary amrm"fon expil. 5!Karch 1& 1607 1 - _Jea n 1�; n ie J. Kim, Corpofkte Secretary of American Contractors Indemnity Company, do hereby certify that -the Power -of Attomqy dW3W_ resolution adopted by the Board of Directors of said Company as set forth abow,--.� �rue adingim- Wirkbr-Jand tHWIRM the said Power of Attorney nor the resolution have been fievoked they are adl br 1p" _=-and effe&E TH, i REOF, I hay.e6hereunto set my hand thin28EPTEM A day of 1200 Bond No, 266908 R-7n& Co orate Secretary 4 agency No. #90Q3 Z� I, V N Re. POAl2/15103 II' it ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 9128105 before me, _ (DATE) personally appeared CORRINE BROWN M personally known to me - OR - ❑ CARIA M. ALLEN COmmInion # 1477711 @,MY Notary PubBc - CaliforniaSan Diego County Comm. Expkes Mar on 2008 SS. CARLA M. ALLEN, NOTARY PUBLIC SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY' SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER TTFLE(S) ❑ PARTNER(S) ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) ANERICAN CONTRACTORS INDEMNITY COMPANY DESCRIPTION OF ATTACHED DOCUMENT 411114Dil Ilia: INN TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER m m L RIGHT THUMBPRINT 0 OF E SIGNER o a P APA 5/99 VALLEY -SIERRA, 800-362-3369 I. 3EVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER TYPE OF BOND+ LICENSE #� v 11/24/2008 1 725793S JUBDIV.IMPROVEMENT Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE._ CITY OF LA QUINTA 78 495 CALLE TAMPICO LA QUINTA CA 92253 Gentlemen: This Rider is to be 34n_,ched to and a Part of the above captions b n.0effective Ctiv. This Rider is on behalf of The Dunes Business Park LLC understood and agreed, effective from above date, that: Amend bond and contract amount to read: $133,122.00 PRODUCER: 01.'2512003 Provided., however., that the liability of the company under the attached bond as changed by this order shall not be q a i__0, a op��® Signed this 24 day of t,2 b08�T��'� OCT. By lia L. Garner, Atto n-Fact DIRECT COLLECTIONS P O BOX 19725 IRVINE CA 92623 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Gina L. Garner, Yvonne M. Dean, Pauline M. McLean, Antonio Alvarado, Mary I Thomas, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: / .�...i..........I Stephen T. Pate, Senior Vice Presiden �V ANC fyo GO�pAN V O� yQ:4pRPU Al�:� ti� GOPPoggT C� By a; OCT. �? ? OCT. �pT 1936 Charles L. Day, Assistant Secretary �j °: ;° w 1967 2 r��:�'7oiQ••..�OWP,,.��aaa,F• O2 �"QC/FOP�\Pa� State of California County of Orange On _ January 1st 2008 before me, Christopher J Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L Day 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 CHRf8TOPHER J. RQACF! 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. COMM. # 1746939 � NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. @my oomm, MOMS May 19, 2011 WITNESS my hand and official seal. Place Notary Seal Above Signature — _� Chr' �J.ch CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 2bay of/ V 6J<)/V7 fi/'� e By: Albert Hillebrand, Assistant Secretary ID-1 380(Wet)(Rev,07/07) , '%A111pany 11V111G Company Profile Page 1 of 2 DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 12718 0075 4606-0 August 30, 1999 UNLIMITED -NORMAL Property & Casualty IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY Company Complaint Information http://interactive.web.insurance.ca.gov/webuser/idb_co—prof utl.get_co_prof?p_EID=100170 12/29/2008 t-0.11tt-ally r-10111C Page 2 of 2 Compaq Enforcement Action Documents Company Performance & Combarison Data Composite -Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - June 27, 2008 09:13 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof ut1.get_co_ProVp_EID=100170 12/29/2008 BOND NO. 725793S PREMIUM $ 26,624.00 / 2 YEARS SUBDIVISION IMPROVEMENTS Parcel Map No. 31143 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. 31143 , 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 THE DUNES BUSINESS PARR, 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 Parcel Map No. 31143 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 DEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called ( City") ir7 the penal sum of ONE MILLION THREE HUNDRED THIRTY ONE ** DOLLARS ($ 1,331,Z24.OU ) 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. **THOUSAND TWO HUNDRED TWNETY FOUR 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 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 thereunder 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 .TAN_ 95_ , 200_6 THE DUNES BII SS PARK, LLC Principal t (Seal) Signature of Principal �Y� ' Title of Signatory DEVELOPERS SURETY AND INDEMNITY CONFAPIY Wnae (Seal) rety CYNDI BEILKAN, ATTORNEY IN FACT Title of Signatory 17780 FITCH, IRVINE, CA 92614 Address of Surety 800-782-1546 Phone # of Surety STEVE BONILLA Contact Person For Surety F201 - Performance Bond Page 2 of 2 State of California County of San Diego On 1/25/2006 before me, Rachel G. Holbrook, Notary Public personally appeared Cyndi Beilman, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. 144 (Signature of Notary) (Seal) fife i^:' tJ HOLf3MOOK P ClnE. #1499414 h NOTAHY PciBLIC-CALIFORNIA 0 �< Slal i Cil (3i� CotliViY w My t-omTissiun Expires AUGIIISr4, Zoos POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December. 2005. By: �....Bu......0 David H. Rhodes, Executive Vice -President va,�t I AND 0�'na .•''yJ�rop.40R, j.F�yyS fr : ` OCT. F Bv: 10 1936 Walter A. Crowell, Secretary as STATE OF CALIFORN[A COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personalty known to me (or proved to me on the basis of satisfactory evidence) to be the persons) 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. WITNESS my hand and official seal. Signature CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in f;,ril force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the _ 25T&y of JANUARY 2006 By Albert Hillebrand, Assistant Secretary -- ID- 13 80 (Rev. 12/05) BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY � � 0 " �� �� 17780 FITCH SUITE 200, IRVINE CA 92614 = `� PA � � t T'' 7, � . DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE # 1/27/2006 725794S Subdiv. Improvement Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. r)RI IrKF• City Of La Quinta 78 495 Calle Tampico La Quinta CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 01125/06. This Rider is on behalf of The Dunes Business Park LLC understood and agreed, effective from above date, that: CORRECT LABOR & MATERIAL BOND AMOUNT TO $206,917.00 PRODUCER: Bond Services Of Ca Ins Agency & Brokerage LLC 401 West A St Suite 1810 San Diego CA 92101 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 27 day of January, 2006 By;=&^ (�1 SK4\4 00�'j 9-.—Smith-Bowman, Attorney -In -Fact STATEOF CALIFORNIA COUNTYOF SAN DIEGO On 01/27/06 before me, SUZY L. JOSE, NOTARY PUBLIC (here insert name and title of the officer), personally appeared S. SMITH -BOWMAN 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/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature A ! SEAL ( ) OPTIONAL SUZy L. JOSE Commission # 1535727 Notary Public -California San Diego County I'tyComm. Expires Dec 17, 20(g This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER RIDER - BOND NO. 725794S TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 01/27/06 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEVELOPERS SURETY AND INDEMNITY COMPANY DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Steven R. Bonilla, S. Smith -Bowman, D. Kohl, Rajan Patel, jointly or severally*** as their true and lawful Attomey(s)-in- Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. " By: .,,..„,,... .P AN y _ ..0 r_t�l AND i%.. David H. Rhodes, Executive Vice -President .'q., """ o;P ��J'•.Go OCT�r� ga'; 10 cc, s0,: 1936 Walter A. Crowell, Secretary ,`'7�., /py�p ,.�aa•` STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature GM L GARNER COMM. 11569581 NOTARY PU9UC CAUFOFVM ORANGE OOUNTY (SEAL) L aanrw aphs 13 , 2tD09 CERTIFICATE The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. By This Certificate is executed in the City of Irvine, California, the 2 NTH day of JANUARY 2006 Albert Hillebrand, Assistant Secretary ID- 1380 (Rev. 12/05) BOND NO. 725794S PREMIUM INCLUDED IN PERFORMANCE BOND SUBDIVISION IMPROVEMENTS Parcel Map No. 31143 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. 31143 , 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 THE DUNES BUSINESS PARR, 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 200, and identified as Parcel Map No. 3114 , 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 TWO TgIJND1FD SIX THOUSAND NINE HUNDRED SEVENTEEN 6 09619ARS ($ 216 917.00 )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. F202 - Labor and Material Bond Page 1 of 2 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 JAN 25 . , 200 6. THE DUNES BUSINESS' ,PARK, LLC Principal (Seal) Signature of Principal F202 - Labor and Material Bond Page 2 of 2 State of California County of San Diego On 1/25/2006 before me, Rachel G. Holbrook, Notary Public personally appeared Cyndi Beilman2 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (Signature of Notary) (Seal) ,Y now RACHEL G. HOLB OO KI €y _ COMM. #1499414 NOTARY PUBLIC-CALIFORNIA N CIkCh OOUN?Y 0 M SA G,"M!asion �z Expires AUGUST4, 2008 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorncy(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005. By: a4............... o David H. Rhodes, Executive Vice-President04.1 •°��,. •^ ..,•!)� y 4 F a s OCT. : -c By:_ _ _ _ Q` i S 36 Walter A. Crowell, Secretary �j'• °- ..OW P,... STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) 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(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ­672, &�--- _ OR" L GAFMR OCMt�.11156tEiS61 (SE0:0 AL)ME 1E11. DOS CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of It -vine, California, the _ 25TUy of _ JANUARY , 2006 By Albert Hillebrand. Assistant Secretary ID-1380 (Rev. 12/05) ce4e,, 4 4v Qu!K& MEMORANDUM To: Susan Maysels, City Clerk From: d Wimmer, P.E., Development Services Principal Engineer Via: �f4mothy R. Jonasson, P.E., Public Works Director / City Engineer Date: June 18, 2013 Subject: Release of Securities for Parcel Map 31143, Dunes Business Park Please release the following securities held in your file for the above referenced tract. The off -site improvements were accepted by City Council on July 17, 2012 and the on -site improvements were accepted by City Council on June 4, 2013. The security amounts are as follows: Parcel Map No. 31143 Type of Bond Bond No. Security Amount Grading 266907 $75,000 PM-10 266908 $9,375 Performance (on -site) 725793S $133,122 (reduced amount) Labor & Materals (off -site) 725794S $206,917 Developer: Mr. Chris Caras Dunes Business Park, LLC 355 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 Surety Company: American Contractors Indemnity Company (Grading and PM-10 only) 601 S. Figueroa Street, Sui9te 1 600 Los Angeles, CA 90017 Surety Company: Developers Surety and Indemnity Company 3517 Camino Del Rio South, Suite 200 San Diego, CA 92108 cc: Project File I, Parcel Map No. 31 143 Paae 1 of 1 T4hf 4 4QatKra P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 September 18, 2012 Mr. Chris Caras Dunes Business Park, LLC 355 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 Re: Parcel Map No. 31 143 To Whom It May Concern: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's Office has received a warranty bond in the amount of $15,676.00 and hereby releases Bond # 725794S in the amount of $ 20,691. If you have any questions, please call me at (760) 777-7123. Sincerely, 19� 01A4 Susan Maysels City Clerk cc: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Company File HECEIVED OP ? 2008 PUBLIC W®R BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER I TYPE OF BOND LICENSE # 11/24/20011 1 725794S UBDIV.IMPROVEMENT Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: CITY OF LA QUINTA 78 495 CALLE TAMPICO LA QUINTA CA 92253 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of The Dones BusinP-,q Park LLC understood and agreed, effective from above date, that: Amend bond and contract amount to read: $20,691.00 01 /25/2006 Provided., however., that the liability of the company under the attached bond as changed by this order shall not be cumulati PAND PO Signed this 24 day of Novem � C1C7. 10 By �jlz PRODUCER: Gma L. Garner, Attorney -In- DIRECT COLLECTIONS P O BOX 19725 - IRVINE CA 92623 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Gina L. Garner, Yvonne M. Dean, Pauline M. McLean, Antonio Alvarado, Mary J. Thomas, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. ............. AND.?ANY �PANY Stephen T. Pate, Senior Vice Presiden ; cl Q ppOR4�FFaa,. - �PPOggT� �i OCT. ;<: 2 O :w( OCT 10 �; 5 By: $� : 1 9 3 6 :: = W 1967 Charles L. Day, Assistant Secretary ,g -. a O P 7�jO. /OwP,.:'�a State of California . County of Orange ..• On January 1st, 2008 before me, Christopher J Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized CHRlSTOPH�R J. RUACt1 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. a COMM, # 1745939 :E NOTARY PUBLIC CALIFORINIA o I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY ro true and correct My oomm, expiaes May 18, 2011 WITNESS my hand and offs ial seal. � y�- Place Notary Seal Above Signature Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the Aday of 0 V 0 r t,H' . 001, By: Albert Hillebrand, Assistant ecretary I D-1380 (Wet) (R ev.07/07 ) BOND NO. 725794S PREMIUM $4,138.00 / 2 YEARS SUBDIVISION IMPROVEMENTS Parcel Map No. 31143 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Parcel Map No. 31143 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La State of California, and LLC THE DUNES BUSINESS PARK, hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200_ , and identified as Parcel Map No. 31143 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly bound unto the City of La Quinta hereinafter called (`' City")l, i the penal sum of TWQ HUNDRED SIX THOUSAND NINE HUNDRED ** DOLLARS ($ 204" 1?1 �, )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. **SEVENTEEN 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 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 thereunder 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 -TAN_ 29_ , 200-6 THE DUNES B-USTNESS PARK, LLC Princl,�/,,'-. (Seal) Signature of Principal Title of Signatory DEVELOPERS SURETY AND INDEMITY COMPANY S ret (Seal) �. Zign u of Surety CYNDI BEILNAN, ATTORNEY IN FACT Title of Signatory 17780 FITCH IRVINE, CA 92614 Address of Surety 800-782-1546 Phone # of Surety STEVE BONILLA Contact Person For Surety F201 - Performance Bond Page 2 of 2 State of California County of San Diego On 1/25/2006 before me, Rachel G. Holbrook, Notary Public personally appeared Cyndi Beilman,. 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. —9a— .'a kLAIL (Signature of Notary) (Seal) 4J :"KPllir ` Jf�liV7. 9:Gj 4 rr Iv,) FARM .� _;jp�' (<r, �' )O�?l`<•.:.SSt:7 �.);.j;ii?3 'gym POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19-725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jeffrey R. Davis, Cyndi Beilman, Rachel Holbrook, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and continned. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to c.,cecute Powers of Attomey, qualifying the attomey(s) named in die Powers of Attorney to execute, on bebalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that die signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SUKI- I"Y AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. By:. AND �s COMPAN Y OX David H. Rhodes, Executive Vice -President ao1967 x 1936 v � J> Walter Crowell, Secretary 7 Owp' <t STATE OF CALIFORNIA COUNTY OI; ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name acid title of the officer), personally appeared David H Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be tire 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/hen their authorized capacity(ies), and that by his/her/heir s(bnature(s) on the instrument the person(s), or the entity upon behalf of which the persor:(s) acted, executed the instrument. WITNESS my hand and official seal r� Signature CERTIFICATE The undersigned, as Assistant Secretary; of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, noes hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. T his Certificate is ex cuted in the City of Irvine, Catifomia, the 25T�sy of ! J,AAIUARY� V — 2006 By Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) TAI'J' 4 4aQuuifw MEMORANDUM To: Susan Maysels, City Clerk l From: d Wimmer, P.E., Development Services Principal Engineer Via: 6 �T othy R. Jonasson, P.E., Public Works Director / City Engineer Date: September 17, 2012 Subject: Release of Performance Security and Retain Warranty Security for Parcel Map 31143, Dunes Business Park, Off -Site Improvements Please release the following off -site Performance security held in your file for the above referenced tract. The off -site improvements were accepted by City Council on July 17, 2012. The performance security amount is as follows: Parcel Map No. 31143 Type of Bond Bond No. Performance Amount Performance (off -site) 725794S $20,691 (reduced amount) Please retain the attached Warranty security. The warranty security amount is as follows: Parcel Map No. 31143 Type of Bond Bond No. Warranty Amount Warranty (off -site) 725794S $15,676 Developer: Mr. Chris Caras Dunes Business Park, LLC 355 S. Grand Avenue Suite 2700 Los Angeles, CA 90071 Surety Company: Developers Surety and Indemnity Company 3517 Camino Del Rio South Suite 200 San Diego, CA 92108 cc: Project File I, Parcel Map No. 31 143 Page 1 of 2 'aR T"/c�� 4 QU&M P.O. Box 1504 LA QUIN IA, CAIIFOKNI.\ 92247-1504 78-495 C,m F_ T,\Mi,ico (760) 7 7 7 - 7 0 0 0 LA Ql IN IA, CAI IFORNIA 92253 FAX (760) 777-7101 January 6, 2009 Justin Greenberg Sky West Real Estate Services 3550 West 6`h Street, Suite 400 Los Angeles, CA. 90020 Re: Tract Map 31 143 - Dunes Business Park To Whom It May Concern: Per authorization from the Public Works Department, the City Clerk's Office has received Bond Rider Nos. 725793S and 725794S in the amounts of $133,122 and $20,691 respectively for the above -mentioned tract map. If you have any questions, please call me at (760) 777-7002. Sincerel , VERONICA. City of La Cry ;WIONTECINO, City Clerk inta, California cc: Tim Jonasson, Public Works Director/City Engineer Developers Surety & Indemnity Company File ccitivl 4 44N&rw MEMORANDUM To: Veronica J. Montecino, CIVIC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Timothy R. Jonasson, Public Works Director / City Enginee Date: December 18, 2008 Re: Reduction Bond Riders to Performance Securities for Dunes Business Park, Parcel Map No. 31143, due to Completed On -Site and Off -Site Improvements Please attach the new reduction bond riders to the existing Performance securities for PM 31143, on -site and off -site improvements. Please find enclosed the new reduction bond riders (reduced amounts) which will secure the completion of the remaining improvements. The amounts and addresses to the developer and the surety company are as follows: PARCEL No. 31143 Bond Number Performance Security Reduced Performance Amount 725793S $1,331,224 $133,122 725794S $206,917 $20,691 Developer: Justin Greenberg Sky West Real Estate Services 3550 West 6`h Street, Suite 400 Los Angeles, CA 90020 Surety Company: Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 Cc: Project File I, Parcel Map No. 31 143 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\30000-39999\31143\internal correspondence\Bond Reduction Rider memo PM 31143.doc P MEMORANDUM TO: June Greek, City Clerk FROM: N'-- Anthony Colarossi, Associate Engineer VIA: �ftlmothy R. Jonasson, Public Works Director/City Engineer DATE: March 8, 2006 RE: Final Map for PM 31143, The Dunes Business Park, LLC On March 7, 2006, the City Council adopted a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 31143, The Dunes Business Park, LLC. I am transferring to you the Final Map, SIAs, and Bonds (Rider for Labor & Materials (Offsite Improvements)) for you to perform the following tasks: 1. Sign and process the On and Off site Subdivision Improvement Agreements 2. Keep the following original Bonds: On Site Improvements Performance Bond No. 725793S $ 1,331,224.00 Labor Bond No. 725793S $ 1,324,624.00 Off -site Improvements Performance Bond No. 725794S $ 206,917.00 Labor Bond No. 725794S $ 216,917.00 Bond Rider for Labor Bond 725794S $ 206,917.00 3. Sign and return the Final Map If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\COLAROSSI\TRANSMITS\City Clerk\Final Maps Sending\Dunes Business Park 31143 final map.DOC1 ofX I T414f 4 aCP PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: June Greek, City Clerk FROM: r Anthony Colarossi, Assistant Engineer I VIA: Aimothy R. Jonasson, Public Works Director / City Engineer SUBJECT: Parcel Map No. 31143, The Dunes Business Park IL DATE: October I, 2005 The City Engineer is in the process of approving a Fugitive Dust Control and a Rough Grading Plan for the subject project. The developer is requesting to place a Fugitive Dust Control and a Rough Grading Bond with the City. This bond encompasses roughly 6.3 acres within Parcel Map No.'s 31143. Please find the following enclosed: 1. Parcel No. 31143 Rough Grading Bond Performance = $ 75,000.00 Bond No 266907 Surety: American Contractors Indemnity Company 2. Parcel No. 31 143 Fugitive Dust Control Bond Performance = S 9,375.00 Bond No 266908 Surety: American Contractors Indemnity Company If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\Colarossi\Deposits_bond_Icrediffiinos Busines�i Park PM 31143\rough_PM10_Bond.doc