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33588 Sam's Club - OBR & Released BondsOUTSTANDING BOND REPORT Name: Sam's Real Estate Business Tract No. 33588 (See SDP 2006-857 for additional bonds) Date of Contract: July 28, 2005 Required Bond Amounts: Dune Palms (widen & decal. lanes Dune Palms (median & pocket lanes Dune Palms (sidewalk) Dune Palms (peri. Landscaping) Dune Palms/Hwy 111 (traffic signal) Hwy 111 (sidewalk) Hwy 111 (peri. Landscaping) Hwy 111 (bus shelter) Prof. Fees Design Prof. Fees Construction $ 211,880 / $ 211,880 $416,630 / $416,630 $ 77,500 / $ 77,500 $113,475 / $113,475 $100,000 / $100,000 $ 15,310 / $ 15,310 $ 45,060 / $ 45,060 $ 65,000 / $ 65,000 $104,485 / $104,495 $104,485 / $104,485 Dates of Bond Reductions: On 1 /19/07 P.W. authorized replacement bonds for a reduced amount. Outstanding Bonds and Bond Company: JP Morgan Chase Bank / Travelers Casualty / Fidelity and Deposit Company of Maryland Amount: $1,253,825 (P) $1,157,311 (P) $ 104,486 (W) $1,253,825 (L&M) $1,157,311 (L&M) Bond No. LOC# 1-51-S-660511 104855785 09022980 TR7996 LOC# L51-s-694393 104855785 Date Cancelled/Released: Replaced 1 /19/07 Replaced w/warranty 1 /10/11 Released 12/22/2011 Replaced 1 /19/07 Released 4/28/11 wuvl 4:WQuixtw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Yfimothy R. Jonasson, P.E., Public Works Director /City Engineer Date: December 21, 2011 Subject: Release of Warranty Security for Parcel Map No. 33588, Former Sam's Club, Off -Site Improvements Please release the following warranty security held in your files for the above referenced tract. The off -site improvements were accepted by City Council on December 21, 2010. The warranty amount and the address to the developer and Surety Company are as follows: Parcel Map No. 33588 Warranty Bond No. Warranty Amount 09022980 $104,486 Developer: Crystal Uphoff Financial Security Coordinator Wal-Mart Stores, Inc. 1301 SE 101h Street Bentonville, AR 72716-0550 Surety Company: Fidelity and Deposit Company of Maryland Attn: Maria Adamski - Surety 600 Red Brook Blvd., 4th Floor Owings Mills, MD 21117 Cc: Project File I, Parcel Map No. 33588 Tihf 4 4 a" P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 December 22, 2011 Crystal Uphoff Financial Security Coordinator Wal-Mart Stores, Inc. 1301 SE 101h St. Bentonville, AR 72716-0550 Re: Tract Map 33588 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 hereby releases Bond Number 09022980 in the amount of $ 104,486. If you have any questions, please call me at (760) 777-7002. Z ly, tica MZinta cino, City Clerk City of La cc: Tim Jonasson, Public Works Director/City Engineer Fidelity and Deposit Co. of Maryland File BOND NO. 09022980 / TR7996 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we Sam's Real Estate Business Trust dba Club 4941, Principal, and Fidelity and Deposit Company of Maryland Surety, are held and firmly bound unto the City of La Quinta, Obligee in the sum of One Hundred Four Thousand Four Hundred Eighty Six and 00/100 US Dollars ($104,486.00) for the payment of which we bind ourselves, our legal representatives. successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has constructed off -site improvements for the development knows as The Former Sam's Club as shown on Parcel Map No. 33588, collectively established as the "Contract" copy of which contract is by reference made a part hereof. WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for.the period of one 1 year(s) after approval of the final estimate on said job by the owner, against all defects in workmanship and materials which may become apparent during said period, and NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one 1 year(s) from and after December 10, 2010 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED, AND DATED THIS 9th DAY OF December , 2010. Sam's Real Estate Business Trust dba Club 4941 (Seal) (Principal) By: is K krona rd VG Red a-, f);SoD�SrjvO Name and Title Npr& SDI Fidelity and Deposit Company of Maryland (Seal) A �'t. (Surety) By: — - Heidi A. Notheisen Attorney in -Fact ACKNOWLEDGMENT BY SURETY SI'A'FE OF Missouri City of St. Lo lis } SS. � t OIl this 9th day of December appeared Heidi A. Notheisen Fidelity and Deposit Company of Maryland 2010 , bcfbrc nic personally , known to me to be the Attorney -in -Fact of the corporation that executed the within instrunuut, and a(-knowlCdge(I to nic that such coi'poratlon executed (lic sanie. IN NVI'I'NFSS \VI IFRI-'O , I lmvc hereunto set Illy hand and alfi-,cd illy official seal, at illy, olfice in the aliiresaid County, the day and year in this certilicate first above written. My Corinilission 1;xllires: 01/19/2011 (Seal) SANDRA L. HAM Notary Public -Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires on: Jan.18, 2013 Commssion #09450177 Smidni I.. Hain Notary Public in the Stale ol' Missouri County of' St. Louis S-0230/GEEF 2/98 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d 1Q ereby nominate, constitute and appoint Pamela A. BEELMAN, Cynthia L. CHOREN E nn R. FRANK, Karen L. ROIDER, Debra C. SCHNEIDER and Sandra L. HA is a and lawful agent and Attorney -in -Fact, to make, execute, sea] and del' p s e as its act and deed: any and all bonds and undertakings, and the executi s� or e� ance of these presents, shall be as binding upon said Company, as �� o a ses, as if they had been duly executed and acknowledged by t el t off ' e y at its office in Baltimore, Md., in their own proper persons. This power of attor es t s �a of Pamela A. BEELMAN, Cynthia L. HANAK, Heidi A. NOTHEISEN, JoAnn R. FRANK, I , ebra C. SCHNEIDER, Sandra L. HAM, dated December 12, 2007. The said Assistant 9 rdoes hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2009. ATTEST: �p 9EPps/ r � _ o c State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary By: William J. Mills Vice President On this 3rd day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 079-0626 CHANGE RIDER To be attached to and form a part of Bond No. 09022980 TR #7996 in the amount of $ 104,486.00 issued by Fidelity and Deposit Company of Maryland on behalf of Sam's Real Estate Business Trust dba Club 4941 in favor of Citv of La Quinta It is understood and agreed that the bond described above is hereby modified so as to Amend the Acceptance Date to read one (1) year from and after December 21, 2010. It is further expressly understood and agreed that the aggregate liability of the Fidelity and Deposit Company of Maryland under said bond to the obligee herein mentioned shall not exceed the amount stated above. Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, agreements, conditions or limitations of the above -mentioned bond, other than as above stated. Signed, sealed and dated this 15th day of December , 2010 Fidelity and Deposit Company of Maryland BY: Heidi A. Notheisen Attorney -in -Fact S-4173/GE 2/98 XDP ACKNOWLEDGMENT BY SURETY STATE OF Missouri City o1 St. Loins } SS. On this 15th day of' December , 2010 , before me personally appeared Heidi A. Notheisen , known to me to be the Attorney -in -Fact of Fidelity and Deposit Company of Maryland , die corporation that executed die within instrument, and acknowledged to me that such corporation executed die same. IN WITNESS WHEREOF, I leave llerewlto set my liwid yid affixed my official seal, at my office in die aforesaid County, die day and year in dies certificate first above written. My Commission Expires: Tune 20, 2014 (Seal) JOANN R. FRANK Notary P011c - , votary 5L=1 ? 5�"•'' of ml!, rF !h Commissic earl to: St. Commission Expires: J!!r:; - l � R. �� Jo R. Frank Notary Public in die State of Missouri City of St. Louis S-0230/GEEF 2/98 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said {►any, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d iQ ereby nominate, constitute and appoint Pamela A. BEELMAN, Cynthia L. CHOREN E nn R. FRANK, Karen L. ROIDER, Debra C. SCHNEIDER and Sandra L. HA Is ue and lawful agent and Attorney -in -Fact, to make, execute, seal and del' p s s as its act and deed: any and all bonds and undertakings, and the execut' s� or a ance of these presents, shall be as binding upon said Company, as ��° to a ses, as if they had been duly executed and acknowledged by t el t of ' e y at its office in Baltimore, Md., in their own proper persons. This power of attor es t �a of Pamela A. BEELMAN, Cynthia L. HANAK, Heidi A. NOTHEISEN, JoAnn R. FRANK,nrlI ebra C. SCHNEIDER, Sandra L. HAM, dated December 12, 2007. The said Assistantdoes hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2009. ATTEST: �p 9EPps� J +' 4 State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND a �7 Gerald F. Haley Assistant Secretary By: William J. Mills Vice President On this 3rd day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA-F 079-0626 T4tf t 4 4114�aUMrw P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 April 28, 2011 Jennifer Hedges Sam's Real Estate Business Trust 2,001 SE 10`h Street Bentonville, AR 72716-0550 Re: Tract Map 33588 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 hereby releases Bond No 104855785 in the amount of 1,157,31 1. If you have any questions, please call me at (760) 777-7002. Sincerely eronica Mon cino, City Clerk City of La Quinta cc: Tim Jonasson, Public Works Director/City Engineer Travelers Casualty and Surety Company of America File SUBDIVISION IMPROVEMENTS Parcel Map No. 33588 LABOR AND MATERIAL BOND Bond No. 104855785 TR #6888 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. 33588 , 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 Sam's Real Estate Business Trust dba Club #4941 hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improve t , which agreement, dated , 200 , and identified as Parcel Map No. TOO , 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 One mill ion one hundred fifty seven thousand three hundred eleven DOLLARS ($ 1,157,311.00 ), 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 Dec. 27 1200 6 Sam's Real Estate Business Trust dba Club #4941 Principal (Seal) Si Daniel Mall Regional VP Travelers Casualty and Surety Company of America Surety R, �:4A S(Wature of Surety JoAnn R. Frank, Attorney -in -Fact F202 - Labor and Material Bond Page 2 of 2 f ACKNOWLEDGMENT BY SURETY S'fATE OF Missouri County } SS. of St. Charles On this appeared 27th day of JoAnn R. Frank December Travelers Casualty and Surety Company of America 2006 , before me personally known to me to be die Attorney -in -Fact of , die corporation that executed the within instrument, alid acknowledged to me that such corporation executed die same. IN WITNESS WHEREOF, I have herewito set my hand alid affixed my official seal, at my office in die aforesaid County, the day and year in this certificate first above written. My Commission Expires: September 29, 2007 (Seal) 1 1 ! �.\' 1 •' M '� 1. � h lr �-ra _11 4Q�a C. Schneid Notary Public in die State of Missouri County of St. Charles S-0230/GEEF 2/98 ' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors A any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and SC4mpaAme' d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and cored copy of the t ey x ed�by s ' cmpanies, which is in full force and effect and has not been revoked. �,�tj` 11r y �� . 11S IN TESTIMONY WHEREOF, I have hereunto set my hand�nala x d the.�lsV shy anies this, 27 th day of December 2(96 Kori M. JohansJaAssistant Secretary � r,RSUA�T L i4 �)y. JV HRE 6 4 ��'�-•I R`T(/ P� 1RS4q '��T ANO �^ O ,�j�'gpgq�_1 ~ I * ♦r .. �, �P �� ' 9Y 4J:;' ........9,�, ,•J OL �!%R "_Sty f.6 � f1 � �fyee� f'eORVORM'i P;' n 4P 'y •!� Za. O "^"`+n�W O z �I f':Cs W: GOF70—RAtf::'�• '�'% Ca�sS_` ,1977 �927 �; pm z: ;�� a iwrtFORo, < �wvtrmrm,� < �:SEALj'o"} OF%�W RANGE ,�5.• •� •'fY..........'aA L6,� • 1~a� A� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER T4bt 4 4a Q91hz MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, P.E., Development Services Principal Engineer XVia: mothy R. Jonasson, P.E., Public Works Director/ City Engineer Date: April 20, 2011 Subject: Release of Labor & Materials Security for Parcel Map No. 33588, Sam's Club, Off -Site Improvements Please release the following Labor & Materials security held in your files for the above referenced parcel. The off -site improvements were accepted by City Council on December 21, 2010. The Labor & Materials security amount and the address to the developer and Surety Company are as follows: PARCEL No. 33588 Bond No. Bond Amount 104855785 $1,157,311 Developer: Jennifer Hedges Sam's Real Estate Business Trust 2001 SE 10' Street Bentonville, AR 72716-0550 Surety Company: Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Attn: Ken Smith Cc: Project File I, Parcel Map No. 33588 Page 1 of 1 Tjhf 4 4Q" P.O. Box 1504 LA QUINTA, CA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CA 92247-1504 January 10, 2011 Sam's Real Estate Business Trust Jennifer Hedges 2001 SE 10" Street Bentonville, AR 72716-0550 Re: Tract Map 33588 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 $104,486 and hereby releases Performance Bond 104855785 in the amount of $1,157,31 1 . If you have any questions, please call me at (760) 777-7002. Sincerely, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta cc: Tim Jonasson, Public Works Director/City Engineer Travelers Casualty & Surety Company of America Fidelity and Deposit Company of Maryland File T4ht 4 ZP Qu!K& MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: 64- mothy R. Jonasson, P.E., Public Works Director/ City Engineer Date: January 3, 2011 Re: Release of Performance Security and Retain Warranty Security for Parcel Map No. 33588, Off -Site Improvements Please retain the attached Warranty security for the above referenced parcel map. TRACT No. 33588 Type of Bond Bond No. Performance Amount Warranty 1 9022980 $104,486 Please release the following off -site Performance security held in your files for the above referenced parcel map. The off -site improvements were accepted by City Council on December 21, 2010. TRACT No. 33588 Type of Bond Bond No. Performance Amount Performance 104855785 $1,157,31 1 Developer: Jennifer Hedges Sam's Real Estate Business Trust 2001 SE 10th Street Bentonville, AR 72716-0550 Surety Company: Travelers Casualty and Surety Company of America (Performance Bond) One Tower Square Hartford, CT 06183 Attn: Ken Smith Surety Company: Fidelity and Deposit Company of Maryland (Warranty Bond) Attn: Maria Adamski - Surety 600 Red Brook Blvd., 4th Floor Owings Mills, MD 21117 cc: Project File I, Tract Map No. 33588 Amy Yu, Assistant Engineer 11 1 TH January 19, 2007 Wal-Mart Real Estate Attn: Kelly Collier 2001 SE 101h Street Dept 8703 Bentonville, AR 72716-0550 Re: Tract Map 33588 To Whom It May Concern: Per authorization from the Public Works Department, the City Clerk's Office has received replacement Performance and Labor & Materials Bonds for Tract 33588 in the amount of $1,157,31 1, and hereby releases Letter of Credit L5LS-66051 1 in the amount of $1,253,825 and L5LS-694383 in the amount of $1,253,82.5. If you have any questions, please call me at (760) 777-7002. Sincerely VERONICA J. TECINO, City Clerk City of La Quinta, California cc: Tim Jonasson, Public Works Director/City Engineer JP Morgan Chase Bank File P.O. Box 1504 • LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLG TAMPICO • LA QUINTA, CALIFORNIA 92253 (760) 77 7-7000 •FAX (760) 777-7101 (�' TW�v 44a" MEMORANDUM To: Veronica Montecino, City Clerk From: P.� thony Colarossi, Associate Engineer Via: mothy R. Jonasson, Public Works Director / City Engineer Date: January 18, 2007 Re: Replacement of Dune Palms Road Improvements Performance Letter of Credit and Labor & Materials Letter of Credit for Sam's Club (Hammer Property), Parcel Map No. 33588, due to Reductions for Revised Off -Site Improvements on Dune Palms Road Please replace the off -site Performance letter of credit and Labor & Material letter of credit held in your files for the above referenced tract. The enclosed new bonds (reduced amount) will secure the completion of the proposed improvements. The reduced amount and the name of the surety company are as follows: PARCEL MAP No. 33588 Bond Number Labor & Materials Performance Security 104855785 $1,157,311 $1,157,311 Total $1,157,311 $1,157,311 Developer: See attached Surety Company: Travelers Casualty and Surety Company of America /Bond Reduction - Memo to City Clerk.doc T4-hf 4 gefV QU1Ar(6A_j PUBLIC WORKS/ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM TO: Veronica Montecino, City Clerk FROM: Ik— nthony Colarossi, Associate Engineer VIA: mothy R. Jonasson, Public Works Director/City Engineer DATE: January 5, 2007 RE: Replacement Bond/s Parcel Map 33588, Sams Club/Hammer Property The City Council approved the Final Parcel map and Subdivision Improvement Agreement for PM 33588 on June 21, 2005. The developer submitted letter of credits (see reference attached) for the required security. The developer is now requesting the city to replace the letter of credits with the submitted bonds (see attached). I am sending you the following documents for replacement of LOCs with bonds: 1. Parcel No. 33588 Performance Bond Amount = $ 1,157,31 1.00 Bond No 104855785 Surety Company: Travelers Casualty and Surety Company of America 2. Parcel No. 33588 Labor and Material Bond Amount = $ 1,157,31 1.00 Bond No 104855785 Surety Company: Travelers Casualty and Surety Company of America 3. Reference material includes: a. Copy of existing LOC No. L5LS-694393 for Performance b. Copy of existing LOC No. L5LS-66051 1 for Labor & Material C. Updated estimated cost for reflecting new bond value of $1,156,305.00 d. Wal-Mart contact information requesting replacement. If you have any questions, please contact me at extension 7089. Thank You. T:\STAFF\Colarossi\Deposits—bond—icredit\Sams Club Hammer Property 33588\Bond Replacement.doc V� �NASLAND ENGINEERING CIVIL ENGINEERING - SURVEYING - LAND PLANNING Preliminary Estimate #4941-00 La Quinta Sam's Club Off -Site Work Dune Palms Road #49 It# cold 0, NO. ARTICLE QUANTITY UNIT UNIT COST COST Dune Palms Road Improvements 1 6" Median Curb ------------- 2,550 L. F. $20.00 $51,000.00 2 :6" Curb and Gutter 21315 L. F. $20.00 $46,300.00 3 Temporary 6" AC Dike per La Quinta Dwg. 204 772 L. F. $10.00 $7,720.00 4 ':Temporary 6" AC Dike per CalTrans Std. A87B 101 L.F. i $10.00 $1,010.00 5 Concrete Cross Gutter per La Quinta Dwg. 230 3,000 S.F. $8.00 $24,000.00. 6 1, Curb Ramp per La Quinta Dwg. 250 6 EA. $1,500.00 $9,000.00 7 Dual Corner Curb Ramp per CalTrans Std. A88A 4 EA. $1,500.00 $6,000.00 8 Meandering Sidewalk per La Quinta Dwg. 245 16,830 S.F. $5.00 $84,150.00 9 :4.5" Asphalt Paving @ $50 Ton 41,850 S.F. $1.40 $58,590.00 10 Aggregate Base & Set Grade 41,850 S.F. $2.00 $83,700.00 11 Pavement Striping 15,000 L. F. $0.65 $9,750.00 12 Signage 44 EA. $500.00 $22,000.00 13 Landscaping and Irrigation 20,600 S.F. $6.00 $123,600.00 14 Erosion Control& PM10 1 L.S. $50,000.00 $50,000.00 Dune Palms Road Sub Total, $576,820.00 25% Contingency $144,205.00 Dune Palms Road Total $721,025.00 DPR Landscape Medians 15 Decorative Median 4,625 __ j S.F. $11.00 $50,875.00 16 Sawcut existing Asphalt Pavement 3,950 L.F. $0.50 $1,975.00 17 Landscaping and Irrigation 10,200 S.F. $6.00 $61,200.00 DPR Landscape Medians Sub Total $114,050.00 25% Contingency $28,512.50 DPR Landscape Medians Total $142,562.60 Traffic Signals 18 'Modify Traffic Signal@ HWY 1110-ung-,Palms Rd -0 Note: The Maximum DIF rei e t r . A of the median and landscapin disoft cos 1 L.S. $100,000.00 $100,000.00 Traffic Signal Total $100,000.00. TOTAL CONSTRUCTION COST $963,587.50 Professional Fees, Design 10% $96,358.75 Professional Fees, Const. 10% $96,358.75 NVATOFOP�v TOTAL SITE WORK BOND 1$1,156,305.00 > '"womwoop— k L y' 11—C �_ , -v Peter B. Ritchey RCEii�b67652 Date eL_,," el t Expiration Date: 06/30/07 N. E. Job# 304-018.1 4740 Ruffner Street, San Diego, California 92111 - 858-292-7770 e FAX 858-571-3241 3/31/2006 WAL*MART REAL ESTATE WAL-MART STORES, INC * 2001 SE 10TH STREET * Dept. 8703 * BENTONVILLE, AR 72716-0550 • Phone: * 479-273-8015 FAX: 479-273-8084* Email Address: J.colllierAwal-mart .corn December 28, 2006 Re: Performance/ Payment Bond —Sam's Club Tony, Attached you will find the performance bond for Sam's Club off -site work at 111 & Dune Palms. Payment bond (labor and material bond) will be forthcoming next week. Sin Kel N MEMORANDUM TO: June Greek, City Clerk FROM:' Anthony Colarossi, Assistant Engineer I VIA:/6' Timothy R. Jonasson, Public Works Director/City Engineer DATE: August 11, 2005 RE: Letter of Credits w/Amendments for PM 33588, The Hammer Property (Sam's Club) On June 21, 2005, the City Council adopted a Resolution granting conditional approval of a Final Map and Subdivision Improvement Agreement for Parcel Map No. 33588, City of La Quinta. I am transferring to you two letter of credits with amendments for you to perform the following tasks: 1 . Keep the following original Letter of Credits: Off Site Performance Letter of Credit No. 1-51-S-694393 - $ 1,253,825.00 Off Site Performance Amended Letter of Credit No. 1-51-S-694393 Off Site Labor & Material Letter of Credit No. 1-51-S-660511 - $1,253,825.00 Off Site Labor & Material Amended Letter of Credit No. 1-51-S-660511 If you have any questions, please contact me at extension 7089. Thank You. T:\PWDEPT\STAFF\Colarossi\TRANSMITS\City Engineer\hammer Prop sams club 33588 amend.doc