34243 Madison 58th LQ, LLC - OBR & Released BondsOUTSTANDING BOND REPORT
Tract Number: 34243
Development: Pasatiempo
Developer/Owner: Madison 58th La Quinta, LLC
Bond Company: The Guarantee Company of North America USA
25800 Northwestern Highway, Suite 720
Southfield, MI 48075
Attn: Kevin Chambers
Outstanding / Released Bonds:
Bond Type Bond No. Amount: Date Replaced or Released
Fugitive Dust
Control (PM 10)
SU5022250
12088804
Cash Deposit
$30,150
$20,700
$10,050
Released 03/19/2015
Performance
SU 5022194
SU 5022195
$779,109
$381,213 rider
$3,316,679
$1,214,826 rider
Replaced w/ reduction
12/10/2007
Released 11/07/2011
Replaced w/ reduction
12/10/2007
Released 11/07/2011
Labor & Material SU5022194 $779,109 Released 04/16/2012
Warranty PHSB026000006 $59,023 Released 11/01/2011
To: Susan Maysels, City Clerk
From: Bryan McKinney, P.E., Development Services Principal Engineer�0�
Via: Aimothy R. Jonasson, P.E., Public Works Director / City Engineer
Date: March 16, 2015
Re: Replacement of Performance Dust Control Bond for Alta Verde, Tract Map
No. 34243
Please replace the existing Performance Dust Control bond for TM 34243. Please find
enclosed the new bond (reduced amount) which will serve as the 75% bond amount for
dust control (13.8 acres).
The amount and addresses to the developer and the surety company are as follows:
Developer: Mr. Russell Jones
(new bond) AV Construction, LLC
71905 Highway 1 1 1, Suite G
Rancho Mirage, CA 92270
Surety Company: The Guarantee Company of North America USA
(new bond) 25800 Nortwestern Highway, Suite 720
Southfield, MI 48075
Attn: Kevin Chambers
Developer: Madison 58th La Quinta, LLC
(existing bond) 1282 Pacific Oaks Place
Escondido, CA 92029
Surety Company: Arch Insurance
(existing bond) 865 S. Figueroa Street, Suite 2700
Los Angeles, CA 90017
March 19, 2015
Madison 58' La Quinta, LLC
1282 Pacific Oaks Place
Escondido, CA 92029
Re: Tract Map 34243
Dear Sirs:
Per authorization from the Public Works Department, the City Clerk's office hereby
releases the Fugitive Dust Control Bond # SU5022250 in the amount of $30,150.00.
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
Arch Insurance
File
78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org
BOND NUMBER: SU5022250
TWO YEAR PREMIUM: $452.00
FAITHFUL PERFORMANCE BOND
(LQMC 6.16)
Fugitive Dust Control Bond
WHEREAS, the Cityof La Quinta, California, is prepared to authorize Madison
58th La Quinta, LLC _ , as Principal, to proceed with certain construction activities
pursuant to one, or more permits Issued by tha City, for various infra structure Improvements and/or
structures on, or associated with, privately -owned property generally known to the City and others as
Tract #34243, 58th and Madison ; and
WHEREAS, all such construction and demolition activities must be performed In such
manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fuglthre Dust Control to
reduce fugitive dust and corresponding PM10 emissions; and
V WHEREAS, said Principal Is required by LQMC 6.16.050(A)(4) to ensure that Fugitive
0vst Control•Plan # 5142 prepared specifically for the subject construction site, Is financially
secure by furnishing security for the faithful performance of the dust control activitities required in the
Fugitive Dust Mitigation Plan.
NOW, therefore, we the Principal and Arch Insurance Company
as Surety, are held and firmly bound unto the City of La Quanta, as Obligee, in the penal
sum of Thirty Thousand One Hundred Fifty and no/100
Dollars ($ 30,150.00 ) lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, successors, executors and administrators, Jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the above bonded Principal, his or its heirs, executors,
administrators, successors or asslgn9, 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 vold; 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
Fugitive Dust Control Bond
Pugitive Dust Control Plan # 5142
Page 2 of 2
In witness whereof, this Instrument has been duly executed by the Principal and Surety above named, on
December 13 2006.
Madison 58!Quinta, LLC
Principa
(Seal)
Signature of Principal d 4 L4 CllJ 9 BM0tY-
Tltie of Sign tory
Arch Insurance Company
Surety
(Seal)
Signature of urety
Barry D. Nordstrom, Attorney in fact
TEtle of Signatory
135 N. Robles #825, Pasadena, Ca 91101
Address of Surety
626-639-5264
Phone # of Surety
Salena Graham
Contact Person For Surety
F211
T4&t 4 stP Qumz
MEMORANDUM
To: Susan Maysels, City Clerk
From: -d Wimmer, P.E., Development Services Principal Engineer
Via: 661 othy R. Jonasson, P.E., Public Works Director /City Engineer
Date: November 6, 2012
Subject: Release of Warranty Security for Tract Map No. 34243,
Pasatiempo
Please release the following warranty security held in your files for the above
referenced tract. The improvements were accepted by City Council on
November 1, 2011.
The warranty amount and the address to the developer and surety company
are as follows:
TRACT No. 34243
Warranty Bond No.
Warranty Amount
PHSB026000006 1 $59,023 f
Developer: Mr. Jason Shepard
P.O. Box 2016
Carlsbad, CA 92018
Surety Company: Ullico Casualty Company
1625 Eye Street, N.W.
Washington, DC 20006
Cc: Project File I, Tract Map No. 34243
TATracts_Parcel Maps_SP\30000-39999\34243, Pasatiempo - Altaverde\internal correspondence\Release of Warranty
Security memo TM 34243 offsite.doc
T d-f 4 4 a"
P.O. Box 1504
LA QUINTA, CA 92247-1504 OFFICE OF THE CITY CLERK
78-495 CALLE TAMPICO (760) 777-7103
LA QUINTA, CA 92247-1504 FAX (760) 777-7107
November 6, 2012
Jason Shepard
P.O. Box 2016
Carlsbad, CA 92018
Re: Tract Map 344243
To Whom It May Concern:
Per authorization from the Public Works Department, the City Clerk's Office hereby
releases Bond No. PHSB026000006 in the amount of $ 59,023.
If you have any questions, please call me at (760) 777-7123.
Sincerely,
Yt4,�
Susan Maysels
City Clerk
cc: Tim Jonasson, Public Works Director/City Engineer
Ullico Casualty Company
File
Bond No.: PHSB026000006
Premium: $738.00
Performance Warranty Bond
KNOW ALL MEN BY THESE PRESENTS:
That we, RBC Real Estate Finance Inc. as Principal, and Unico Casualty Company, a
Corporation organized and existing under the laws of the State of DE and duly authorized and
admitted to transact business and issue surety bonds in the State of California, as Surety, are held and
firmly bound unto City of La Quinta as Obligee hereinafter called Obligee, in the penal sum of
($59,023.00,} a good and lawful money of the United States of America, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
Signed and sealed this 13th day of September , 2011
WHEREAS, the above bounded Principal agrees to provide a one year warranty period in connection
with the following:
Tract Map No. 34243, Pasatiempo, Off -Site Improvements
WHEREAS, THE CONDITION OF THIS OBLIGATION IS SUCH, that the bond shall
remain in effect to guarantee all the work to be performed and all the materials to be furnished
against defects in materials or workmanship for a period of one (1) year from the date of final
acceptance of the completed work by the Obligee. The Principal shall, within reasonable time after
receipt of written notice thereof, make good without cost to the Obligee, any defects in materials or
workmanship which may development during the one-year period and damage to other work caused
by such defects or repairing of same.
NOW THEREFORE, If the above Principal for a period of One (1) year from and after date
of completion and acceptance of same by said Obligee, replace any and all defects in said work
resulting from defective materials or defective workmanship, then the above obligations to be void;
otherwise to remain in full force and effect.
Any claims upon this bond must be made prior to expiration of the one (1) year maintenance period.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above
named on September 13 2011
PRINCIPAL: SURETY: Ullico Casualty Company
RBC Re + s to Fina e Inc.
By: k_�G.1. ",?A-A--L___%_
CHAD SOTKIN Victoria M. Campbell, Attorney -in -Fact
By: VICE PRESIDENT
By:
T4hf 4 4 QUZKZ
MEMORANDUM
To: Susan Maysels, Interim City Clerk
From: Ed Wimmer, P.E., Development Services Principal Engineer
Via: frothy R. Jonasson, P.E., Public Works Director/ CityEngineer g eer
Date: April 16, 2012
Subject: Release of Labor & Materials Security for Tract Map No. 34243,
Pasatiempo, Off -Site Improvements
Please release the following Labor & Materials security held in your files for
the above referenced tract. The off -site improvements were accepted by
City Council on November 1, 201 1; therefore, the retention of the Labor &
Materials 90-day period was completed.
The Labor & Materials security amount and the address to the developer and
Surety Company are as follows:
TRACT No. 34243
Bond No. Bond Amount
SU5022194 $779,108
Developer: Jason Shepard
McMillin Land Development
2727 Womble Road
San Diego, CA 92106
Surety Company: Arch Insurance Company
135 N. Los Robles Ave., Ste 825
Pasadena, CA 91 101
Cc: Project File I, Tract Map No. 34243
Page 1 of 1
k
TW�v 4 4 a"
P.O. Box 1504
LA QUINTA, CA 92247-1504
78-495 CALLE TAMPICO
LA QUINTA, CA 92247-1504
April 19, 2012
Jason Shepart
McMillin Land Development
2727 Womble Road
San Diego, CA 92106
Re: Tract Map 34243
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. SU5022194 in the amount of $ 779,108.
If you have any questions, please call me at (760) 777-7123.
Sincerely,
Susan Maysels, Interh1n City Clerk
City of La Quinta
cc: Tim Jonasson, Public Works Director/City Engineer
Arch Insurance Company
File
ARCH INSURANCE COMPANY
PANY
Bond Number : SU 5022194
SUBDIVISION BOND
LABOR & MATERIAL/PAYMENT
KNOW ALL MEN BY THESE PRESENTS: That we, Madison 58`e La Quinta, LLC as Principal, and
ARCH INSURANCE COMPANY, as Surety, are held and firmly bound unto The City of La Quinta as
Obligee, in the sum of Seven Hundred Seventy -Nine Thousand One Hundred Eight and NO/100 DOLLARS
($779,108.00) lawful money of the United States of America, for the payment of which sum well and truly to be
made, We bind ourselves jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a
Subdivision Agreement with the Obligee, dated 12/07/06 , in which said Principal agrees to construct designated
public improvements, as follows:
Labor and Material for Off -site Improvements for Tract #34243
and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment
Bond as herein provided.
NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials,
provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for
performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said
surety will pay the same in an amount not exceeding the sum set forth above.
This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or
furnishing labor and materials to them for the improvements.
SIGNED, SEALED, DATED: 12/7/06
a i W5-8673-Vuinta, LLC
(Principal)
By: By:
Arch Insurance Company
(Surety)
Bang 15. Nordstrom, Attorney In F2ct
DIRECT CORRESPONDENCE TO:
ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101
PHONE (626) 535-0855 - FAX (626) 535-0875
Subdivision Payment Bond.dot
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego ss.
On % — I, before me, Trisha A. Togonon, Notary Public
Dare Name and Title of Ofter (e.g.. 'Jane Doe. Notary Pub k j
personally appeared Barry D. Nordstrom
Name(s) of Signer(s)
1
- ■ . ■',
}"�?J P. •r
IN personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) istare 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.
WI MESS my hand and official seal.
Place Notary Seal Above
Signature t vtsry Public
OPTIONAL
Though the information below is not required bylaw, 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: /-� - �_ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by -Signer(s)
Signer's Name: Barry D. Nordstrom _
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
X Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing;
Arch Insurance Company
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact NNEM
lop a1 thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
02004 National Notary AssOctgdo t • 9350 De Soto Ave., P.O. Box 2402 • Chahworth, CA 91313-2402 Item No. 5907 Reorder. Call To"ree 1-000-870-682T
4 0(4�Qa4trw
MEMORANDUM
To: Veronica J. Montecino, CMC, City Clerk
From: Ed Wimmer, P.E., Development Services Principal Engineer
Via: timothy R. Jonasson, P.E., Public Works Director /City Engineer
Date: November 7, 2011
Re: Release of Performance Securities and Retain Warranty Security for
Tract Map No. 34243, Pasatiempo, On -Site and Off -Site
Improvements
Please release the following on -site and off -site Performance securities held in your
files for the above referenced tract. The on -site and off -site improvements were
accepted by City Council on November 1, 2011.
TRACT No. 34243
Type of Bond
Bond No.
Bond Amount
Performance
SU5022195 (onsite)
$1,214,826
Peformance
SU5022194 (off site)
$381,213
Please retain the attached off -site Warranty security.
TRACT No. 34243
Type of Bond Bond No. Bond Amount
Warranty PHSB026000006 (offsite) $59,023
The addresses to the developer and surety companies are as follows:
Developer: Jason Shepard
McMillin Land Development
2727 Womble Road
San Diego, CA 92106
Surety Company: Arch Insurance Company
(Peformance Bonds) 135 N. Los Robles Ave., #825
Pasadena, CA 91 101
Surety Company: Ullico Casualty Company
(Warranty Bond) 1625 Eye Street, N.W.
Washington, DC 20006
cc: Project File I, Tract Map No. 34243
Titr 4 4a"
P.O. Box 1504
LA QUINTA, CA 92247-1504
78-495 CALLE TAMPICO
LA QUINTA, CA 92247-1504
November 14, 2011
Jason Shepard
McMillin Land Development
2727 Womble Road
San Diego, CA 92106
Re: Tract Map 34243
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 warranty bond # PHSB026000006 in the amount of 59,023 and hereby
releases Bond Number SU5022195 in the amount of $1,214,826 and Bond Number
SU5022194 in the amount of $381,213.
If you have any questions, please call me at (760) 777-7002.
Sincezl'
Veronica Mon ciao, City Clerk
City of La Quinta
cc: Tim Jonasson, Public Works Director/City Engineer
Arch Insurance Company
Ullico Casualty Company
File
ARCH INSURANCE COMPANY
Bond Number : SU 5022195
ENDORSEMENT
To be attached to and form a part of Faithful Pefformance Bond, issued by the undersigned company,
as Surety on behalf of Madison 58' LaQuinta, LLC as Principal, in favor of City of La Quinta as
Obligee,
Effective 10/29/07, the Principal and the Surety hereby agree to amend the attached bond as follows:
Lower bond amount from $3,316,679.00 to $1,214,826.00. I '
All else remains the same.
Provided that the liability under this endorsement shall be part of, and not in addition to, the liability
under the attached Bond, and in no event shall be cumulative.
Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of
this bond except as above stated.
SIGNED, SEALED, DATED: 10/29/07
o + '^ La ata, LLC
(�rincipal)
By:
By:
City of LaQuinta
(Obligee)
Arch Insurance Company
(Surety)
By: _
Barry D. Nordstrom, Attorney In Fact
Endorsement Number: One (1)
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #825, PASADENA, CA 91101
PHONE (625) 535-0855 • FAX (626) 535-0875
ARCH INSURANCE COMPANY
FIRST TERM PREMIUM FULLY EARNED
Bond Number : SU 5022195
Premium (Two Years) : $49,750.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, Madison 58" LaOuinta, LLC, as Principal, and the ARCH
INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI and
authorized to transact surety business in the State of California as Surety, are held and firmly bound unto The
City of La Quinta, as Obligee, in the sum of Three million Three Hundred Sixteen Thousand Six Hundred
Seventy-nine and N01100 DOLLARS ($3,316,679.00), for which the payment whereof, well and truly to be
made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement, dated 12/07/06, with the Obligee to do and perform the following work; to wit:
On -site improvements for Tract #34243
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED, DATED: 12/07/06
Madison 58`h La Quinta, LLC
(Principal)
By:
Arch Insurance Company
(Surety)
By:
Barry D. Nordstrom, Attorney In Fact
DIRECT CORRESPONDENCE TO:
ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101
PHONE (626) 535-0855 • FAX (626) 535-0875
Subdivision Performance Bond.dot
✓ ' ARCH INSURANCE COMPANY
Bond Number : SU 5022194
ENDORSEMENT
To be attached to and form a part of faithful Performance Bond, issued by the undersigned company,
as Surety on behalf of Madison 58" La QWnta, LLC as Principal, in favor of City of La Quinta as
Obligee,
Effective 10/29/07, the Principal and the Surety hereby agree to amend the attached bond as follows:
Lower bond amount from $779,109.00 to bond amount from to $381,213.00-00. OFF F T t
All else remains the same.
Provided that the liability under this endorsement shall be part of, and not in addition to, the liability
under the attached Bond, and in no event shall be cumulative.
Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of
this bond except as above stated.
SIGNED, SEALED, DATED: 10/29/07
Ma 'on 58`h LaQuinta, LLC
(Principal)
By: By:
By:
City of LaQuinta
(Obligee)
Arch Insurance. Company
(Surety)
Barry D. Nordstrom, Attorney In Fact
Endorsement Number: One (1)
DIRECT CORRESPONDENCE TO:
ARCH CONTRACTORS & DEVELOPERS GROUP, 135 N. LOS ROBLES AVE., #825, PASADENA, CA 91101
PHONE.(626) 535-0855 • FAX (626) 535-0875
` ARCH INSURANCE COMPANY
FIRST TERM PREMIUM FULLY EARNED
Bond Number : SU 5022194
Premium (Two Years) : $11,687.00
SUBDIVISION BOND
FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS: That, Madison 58"' LaQuinta, LLC, as Principal, and the ARCH
INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MISSOURI and
authorized to transact surety business in the State of California as Surety, are held and firmly bound unto The
City of La Quinta, as Obligee, in the sum of Seven Hundred Seventy-nine Thousand One Hundred Nine
and NO/100 DOLLARS ($779,109.00), for which the payment whereof, well and truly to be made, said
Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a
contract/agreement, dated 12/07/06, with the Obligee to do and perform the following work; to wit:
Off -site improvements for Tract -934243
NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be
performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED, DATED: 12/07/06
adison 58' La Quinta, LLC
(Principal)
By:
Arch Insurance Company
(Surety)
By:
Barry D. NOrdstrom, horny In Fact
DIRECT CORRESPONDENCE TO:
ARCH INSURANCE COMPANY, 135 N. LOS ROBLES AVE., PASADENA, CA 91101
PHONE (626) 535-0855 • FAX (626) 535-0875
Subdivision Performance Bond.dot