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36762 Beazer Homes - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 36762 Development: Floresta Developer/Owner: Beazer Homes Holding, Corp Bond Company: International Fidelity Insurance Company One Newark Center, 20' Floor Newark, NJ 07102 Attn: Marci Hayes Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Performance 0220458 $40,000 Released 6/4/2020 Labor & Material 0220458 $40,000 Released 6/4/2020 Performance 0446246 $^,'"�= Reduced w/rider 8/11/2020 $625,717 Rider Grading 0446226 Q' Reduced w/rider 8/11/2020 $21,745 Released 9/26/2023 Fugitive Dust 0446227 $31,260 Released 9/20/2023 Control (PM 10) Performance 0446247 $357,324 Released 12/7/2023 Labor & Material 0446247 $357,324 Released 12/19/2023 Warranty 0446247M $27,020 CONSENT CALENDAR ITEM NO. 11 City of La Quinta CITY COUNCIL MEETING: September 19, 2023 STAFF REPORT AGENDA TITLE: ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH THE FLORESTA RESIDENTIAL DEVELOPMENT, TRACT MAP NO. 36762, LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET RECOMMENDATION Accept the off-site improvements associated with Tract Map No. 36762, Floresta; authorize staff to release performance securities upon receipt of warranty bond and landscape inspection approval; and direct staff to release the labor and materials security 90 days after City Council acceptance of the improvements. EXECUTIVE SUMMARY • Floresta is a residential project located on the northwest corner of Avenue 52 and Jefferson Street (Attachment 1). • Beazer Homes Holdings Corp (Developer) has requested release of the performance, labor and materials securities. • Since all off-site improvements have been completed, staff recommends acceptance, and release of the performance, labor and materials securities. FISCAL IMPACT — None. BACKGROUND/ANALYSIS The Developer has completed all off-site improvements required by Tract Map No. 36762. The improvements include pavement, signing and striping, driveways, sidewalk, and landscaping. Staff inspected the off-site improvements except the perimeter landscaping and verified they meet City -approved plans and standards. Planning staff will be inspecting the perimeter landscaping improvements. The performance securities will not be released until the landscape inspection is approved and warranty bond is received. ALTERNATIVES Accepting improvements is a ministerial action necessary for the release of the improvement securities. Since the improvements have been inspected and meet City standards, staff does not recommend an alternative action. 83 Prepared by: Approved by: Attachment: Amy Yu, Associate Engineer Bryan McKinney, P.E., Public Works Director/City Engineer 1. Vicinity Map 84 TM 36762 FLORESTA 50TH AVE. Lu SITE 0 Z 52ND JEFFERSON ATTACHMENT 1 53RD AVE. VICINITY MAP NOT TO SCALE 85 ta 0"fra CA[ IFORNIA MEMORANDUM Date: December 5, 2023 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re- TM 36762, Floresta, Bonds Release for Off -Site Improvements Please release the following bonds held in your files for the above referenced tract. The performance bond to be released now and the labor & materials bond is to be released on December 19, 2023 (90 days after City Council acceptance of the improvements). The off -site improvements were accepted by City Council on September 19, 2023. The bonds amounts and the address to the developer and surety company are as follows: Tract Map No. 36762 Bond Description Bond No. Bond Amount Performance 10446247 $357,324 Labor & Materials 0446247 $357,324 Please retain the attached Warranty Bond for the above referenced project for off -site improvements. Warranty Bond Number Warranty Security 0446247M $27,070 Developer: Jessica Nicholas Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Surety Company: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Attn: Marci Hayes If you have any questions, please contact me at extension 7047. Thank You. W ��LINW CALIFORNIA - December 19, 2023 -- Jessica Nicholas Beazer Homes Holdings Corp 310 Commerce, Suite 150 Irvine, CA 92602 RE: TRACT MAP 36762 — FLORESTA — RELEASE OF BONDS Dear Ms. Nicholas, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified International Fidelity Insurance Company on 12/19/2023. Bond Number Bond Amount Bond Type 0446247 $357,324 Labor & Materials Off -Site The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcGinleyCc LaQuintaCA.gov Tel: (760) 777 - 7123 W �GN'NW CALIFORNIA - December 19, 2023 -- International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Attn: Marci Hayes RE: TRACT MAP 36762 — FLORESTA — RELEASE OF BONDS Dear Ms. Hayes, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bonds: Bond Number Bond Amount Bond Type 0446247 $357,324 Labor & Materials Off -Site Copies of the bonds being released are enclosed for your reference. Beazer Homes Holdings Corp, the developer, was also notified of the above bonds release on 12/19/2023. Please do not hesitate to contact me should you have any questions. Sincerely, Laurie McGinley, Deputy City Clerk Email: LMcGinley(a LaQuintaCA.gov Tel: (760) 777 - 7123 SUBDIVISION IMPROVEMENTS Tract Map No. 36762 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 0446247 Premium included in Performance Bond THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 36762 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 Beazer Homes Holdings Corp. a Delaware corporation 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 , 20 , and identified as Tract Map No. 36762 , 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 Three Hundred Fifty Seven Thousand Three Hundred Twenty Four and 00/100 DOLLARS ($ 357.324.00 ), 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. 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 January 22, 20 16 . (Seal) (Seal) Beazer Homes Holdings Corp. a Delaware corporation Principal Title of Signatory International Fidelity Insurance Company Surety Signature of Surety Edward C. Spector, Attorney -in -Fact Title of Signatory One Newark Center, 20th Floor Newark, NJ 07102 Address of Surety 714/602-6249 Phone # of Surety Marci Haves Contact Person For Surety ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange} ss On January 27, 2016 before me, Sebastian Nathaniel Torres, Notary Public, personally appeared Rudy Provoost, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 S �v Sebastian Nathaniel Torres, Notary Public, # 2121905 (My Commission Expires Aug. 1, 2019) 0 x �`-�'�4F 5E9A5ilAH NATHANIEL TOOLS k-. COMM. #2121905 zz �o r tg Notary Public - California Orange County Tl� Corrrn. sires A ,.1 2019 (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JAN 2 2 2016 before me, S. Aleman, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person() whose name*) is/stre subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his//their authorized capacity(iss), and that by his//thcir signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. B. ALEMAN COMM 41985713 x Notary Public - California S Los Angeles County — M Comm. Ex tres Jul 21, 2016 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. Signat, Signature of Notary Public Tel 073) 624-7200. POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207. KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and: existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized: and existing under the laws of the State of Pennsylvania,.having their principal office in the City of Newark, New Jersey, dohereby constitute and appoint TRACY ASTON, JAMES ROSS, EDWARD C.SPECTOR, SIMONE GERHARD,DARAVY MARY, LISA K. CRAIL, NATHAN VARNOLD, TOM BRANIGAN, PAUL RODRIGUEZ, ASHRAF ELMASRY Los Angeles, CA. their true and lawful attorneys) -in -fact to execute,: seal;: and deriver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the•nature thereof, which are:or niay be allowed.; required or permitted by law, statute, rule, regulation, contract or otherwise. • and the execution of such instruments) in pursuance of these presents. shall be as binding upon. the said INTERNATIONAL FIDELITY INSURANCE;: COMPANY and ALLEGFIENY CASUALTY COMPANY. as fully .and amply, to all intents and purposes, as if the.-sarne had been duly executed and acknowledged by their regularly elected officers at their principaloffices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY:COMPANY. and is granted under and by authority of the following resolution adapted by the Board. of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dulyy held on. the:24th.day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly. held on the 15th day of August, 2000: "RESOLVED, that (1) the. President, Vice. President Executive Vice President: or Secretary of•the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys=.in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation•and•affix the Corporation's seal thereto, bonds, undertakings, recognizences, • contracts of inderrinity and other written obligations in •the nature thereof or related thereto; and (2) any such Officers of the Corrpporation•may appoint and revoke the appointments of joint -control custodians, agents far acceptance of process, arid Attorneys -in -fact with authority to•execuie.waivers and consents .on behalf of the Corporation; and ..(3) the signature of any such Officer of the •Carporation and the Corporation's seal may be affixed by facsimile to any power of attomey or certification given for:the execution of any bond, undertaking recognizance, •cantractof indemnity •or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether Heretofore or hereafter, being hereby adopted by the. Corporation as the Original signature of such officer and the original seal of the Corporation, to be -valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL • FIDELITY INSURANCE .COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March. 2012. tJT osee SEAL f" 1904 , 14. e/r iLle3 44/ STATE OF NEW JERSEY County bf Essex ROBERT W. MINSTER • Executive Vice President/Chief Operating Officer (International Fidelity •Insurance Company) and President.(Allegheny Casualty Company) • On this 12th day of:March 2012, before me came the Individual who:executed the preceding instrument, to me personally known, and, being by- me duly sworn, said he is the therein:. described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and: Al I FGHENY CASUALTY COMPANY ; thhat the seals affixed to said instrument 'are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duty affixed by order Of the Boards Of Directors of said Companies. IN TESTIMONY .WHEREOF, I have hereunto set mhand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit and the Copy of. the Sections of the 9y -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said cprnpanies, and that the sameare correct itanserlpts thereof, and of the whole: of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. v\\c4,0\r—x A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2015 IN TESTIMONY WHEREOF, 1 have hereunto set my hand this dayof JAN 22 2016 • MARIA BRANCO, Assistant Secretary ta 0"fra CA[ IFORNIA MEMORANDUM Date: December 5, 2023 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re- TM 36762, Floresta, Bonds Release for Off -Site Improvements Please release the following bonds held in your files for the above referenced tract. The performance bond to be released now and the labor & materials bond is to be released on December 19, 2023 (90 days after City Council acceptance of the improvements). The off -site improvements were accepted by City Council on September 19, 2023. The bonds amounts and the address to the developer and surety company are as follows: Tract Map No. 36762 Bond Description Bond No. Bond Amount Performance 10446247 $357,324 Labor & Materials 0446247 $357,324 Please retain the attached Warranty Bond for the above referenced project for off -site improvements. Warranty Bond Number Warranty Security 0446247M $27,070 Developer: Jessica Nicholas Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Surety Company: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Attn: Marci Hayes If you have any questions, please contact me at extension 7047. Thank You. W �GN'NW CALIFORNIA - December 7, 2023 --- Jessica Nicholas Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 RE: TRACT MAP 36762 — FLORESTA — RELEASE OF BONDS Dear Ms. Nicholas, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified Atlantic Specialty Insurance Company on 12/07/2023. Bond Number Bond Amount Bond Type 0446247 $357,324 Performance Off -Site The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, `7r /3�,� Laurie McGinley, Deputy City Clerk Email: LMcGinley(jr LaQuintaCA.gov Tel: (760) 777 - 7123 W �GN'NW CALIFORNIA - December 7, 2023 --- International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Attn: Marci Hayes RE: TRACT MAP 36762 — FLORESTA — RELEASE OF BONDS Dear Ms. Hayes, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bonds: Bond Number Bond Amount Bond Type 0446247 $357,324 Performance Off -Site Copies of the bonds being released are enclosed for your reference. Beazer Homes Holdings Corp, the developer, was also notified of the above bonds release on 12/7/2023. Please do not hesitate to contact me should you have any questions. Sincerely, `7 r Laurie McGinley, Deputy City Clerk Email: LMcGinley(jr LaQuintaCA.gov Tel: (760) 777 - 7123 SUBDIVISION IMPROVEMENTS Tract Map No. 36762 PERFORMANCE BOND Bond No. 0446247 Premium: $2,680.00 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 36762 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and Beazer Homes Holdings Corp. a Delaware corporation hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20 , and identified as Tract Map No. 36762 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and International Fidelity Insurance. Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Three Hundred Fifty Seven Thousand Three Hundred Twenty Four and 00/100 DOLLARS ($ 357,324,00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in anyjudgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed hereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on _January 22, 20 15 . Beazer Homes Holdings Coro. a Delaware corporation Principal (Seal) Signature ❑ cipal 7 Title of Signatory International Fidelity Insurance Company Sure C A (Seal) Signature of Surety Edward _C._Spector, Attorney -in -Fact Title of Signatory One Newark Center, 20t" Floor Newark, NJ 07102 Address of Surety 714/602-6249 Phone # of Surety Marci Haves Contact Person For Surety ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and .not the truthfulness, accuracy, or validity of that document. State of California County of Orange} ss. On January 27, 2016 before me, Sebastian Nathaniel Torres, Notary Public, personally appeared Rudy Prov_o_ost, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. SESASTlAH t+tATHAHI£E TORRES COMM. #2121905 z Notary Public • California c orange County Com. Explres. i 2019 Signature f �� (seal) Se astian Nathaniel Torres, Notary Public, # 2121905 (My Commission Expires Aug. 1, 2019) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JAN 2 2 2016 before me, S. Aleman, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/ape subscribed to the within instrument and acknowledged to me that he/s-ho/tom executed the same in his/ /tom authorized capacity(ios), and that by his/ /tom 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. !B.ALEMAN COMM #1985713 x Notary Public • California Las AnWITNESS my hand and official seal. geles County M Comm. Ex gyres July 21, 2016 Signature Signa ure of Notary Public ARE ... .. .... C .. •.'A Tel ,973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY i - ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY.:01102-52t77 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and.. existing' under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a,corpgration organized and existing under the laws of the State of Pennsylvania,. having their .principal office in the City of Newark; New Jersey,. do hereby constitule and appoint - TRACY ASTON, .DAMES ROSS, EDWARD C. SPEGTOR; SIM.0NE GERHARD, DARAVY MADY, LISA K. GRAIL, i NATHAN VARNOLD, TOM BRANiGAN, PA.UL RODRIGUEZ, ASHRAF ELMASRY I Iras Angeles, CA. their true and lawful attvrney.(s)-in-fact to execute, seal and dellver for. and on its behalf as surety, any and. all bonds acid undertakings, contracts of indemnity and other writings. obligatory in the: nature thereof, which are or. rnay.be allowed; required or permitted by ';law, statute rule, regufativn, contract or otherwise;' and the. execu lon of such Instrument(s) in pursuance of these presents, shall. be .as binding upon the said IN"�EfleaAONAL Flt]ELITY INSURANCE...: COMPANY and. ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents:.a.nd purposes, as If the sarne had been duly executed and' acknowledged -by their regularly elected.offcerryys at their:principal offices, y y By-Laws r this. Power of. is executed , and be revoked, pursuant to and of the fOINTERNATIONAL FIDELITY N URANCE COMPANYa Sa meetting duly held on fe 2ath day ht Jully, 2010 annd by the adopted of Di ectorsofAL �iGHENY CASUALTY COMPANY at a meeting duly held an the 1'5th day of August, 2000: "RESOLVED, that {17 (he President, Vice President Executive Vice. President.or.Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-ln-Fact or:agents wit}, power and authority as. defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the C�rporaton's seal thereto, oonds, undertakings, recognizances, contracts of lndemnfty and other:written obligations in the nature thereof or related thereto; and i2)-any'such officers of the Corporation may appoint and. revoke the:appointments.of joint -control custodians, agents for acceptance of process, .and Attorneys -in -fact with author ty to execute waivers and consents on behalf of the Corporation; and (3) the signature df any such Officer of the. Corporation and the Corpara6an;s seal may be affixed by facsimile to any power of attorney. or certification given. tor..the.. execution.of any bond;.undertaking,'recognzance, :contract of Indemnity Oro by obli ation in the nature thereof or related thereto, such signature and:seats when . so used whether heretofore ar .f,ereafter, helrig hereby ado ted by the' Corporation as the original siggnature.af such officer and the original seal of the . Corporation, to be valid and: binding upon the..Corporatlan with the same force and effect as though manuatly affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have.each executed and attested these presents on this. 12th day of.March, 2012: ,[Llily j* STATE OF NEW JERSEY,G�. County of Essex y 19� a �y ROBERT.W. MINSTER. � �11►" Executive Vice PresidentlChlef Operating Officer �YLX� (Internatlonal' Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me Game the individual who executed the preceding Instrument, to me personally known, and, being by me.duly sworn, said he is the. therein described. and authorized' officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said Instrument are the Corporate Seals of said Companies; that the said Corporate Seais and his signature were duly affixed by order of the Boards. of L7irectars of said Companies. IN TESTIMONY VVHERE.OF;: I have hereunto set m hand affixed my Official Seal, . at the City of Newark, New Jersey the day and year fYrst above written, 0ARa CO ❑ NOTAR . �c- -� PUBLIC: * A NOTARY PUBLIC:OF NEW JERSEY A. �-� My Commission Expires Nov. 21, 2715 JER5 CERTIFICATION I, the undersigned offiCer'of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the cc py of the Sections of the fay -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the -same are correct transcripts thereof, and of the -whole . of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF', I have hereunto set 'my hand this day of JAN 2 2 2016 A Assistant iv1 f2lA BRANCD, AS sta Secretary. ta �W CALIFORNIA MEMORANDUM Date: September 22, 2023 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re: TM 36762, Floresta, Grading Bond Release Please release the following grading bond held in your files for the above referenced tract. The grading bond amount and the address to the developer and surety company are as follows: Tract Map No. 36762 Bond Description Bond No. Bond Amount Grading 0446226 $217,448 Developer: Jessica Nicholas Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Surety Company: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Attn: Marci Hayes If you have any questions, please contact me at extension 7047. Thank You. W �GLI'NW CALIFORNIA - September 26, 2023 ------ Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Attention: Jessica Nicholas RE: TRACT MAP 36762 FLORESTA – RELEASE OF BONDS Dear Ms. Nicholas, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bond and notified International Fidelity Insurance Company on 9/26/2023. Bond Number Bond Amount Bond Type 0446226 $217,448 Grading 0446226 $21,745 Grading The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, —ft eia �r Monika Radeva, City Clerk Email: MRadeva(o)_LaQuintaCA.gov Tel: (760) 777 - 7035 W �dorcu CALIFORNIA - ---------------- ___ September 26, 2023 ------ International Fidelity Insurance Company One Newark Center, 20t" Floor Newark, NJ, 07102 Attention: Marci Hayes RE: TRACT MAP 36762 FLORESTA — RELEASE OF BONDS Dear Ms. Hayes, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bond: Bond Number Bond Amount Bond Type 0446226 $217,448 Grading 0446226 $21,745 Grading Copies of the bonds being released are enclosed for your reference. Beazer Homes, the developer, was also notified of the above bonds release on 09/26/2023. Please do not hesitate to contact me should you have any questions. Sincerely, ftt Monika Radeva, City Clerk Email: MRadeva(o)LaQuintaCA.aov Tel: (760) 777 - 7035 r RIDER To be attached to and form part of: Bond Number 0446226 dated December 4, 2015 issued by the INTERNATIONAL FIDELITY INSURANCE COMPANY in the amount of $ 217,448.00 on behalf of BEAZER HOMES HOLDINGS CORP. (Principal) and in favor of CITY OF LA QUINTA (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond amount shall be decreased: FROM: Two Hundred Seventeen Thousand Four Hundred Forty Eight and NO/100 Dollars ($217,448.00) TO: Twenty One Thousand Seven Hundred Forty Five and NO/100 Dollars ($21,745.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 21st day of July, 2020. Signed, Sealed & Dated this 29th day of July, 2020. BEAZER HOMES HOLDINGS CORP. (Principal) By: INTERNATIONAL FIDELITY INSURANCE COMPANY (Surety) By: Tracy Aston, Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. Los Angeles On JUL S 9 2020 before me, Ethan Spector, Notary Public, personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(*) whose name($) is/wo subscribed to the within instrument and acknowledged to me that lw/she/tkey executed the same in hio/her/th& authorized capacity(ios), and that by 46/her/dwir 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. .� 74AN SPECTOR } Notary Public - California yM1� Las Angeles County > Cammission # Lti",'-2 7 my C�- m. ExRirzs .1713 f Signature Signature of Notary Public POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond # 0446226 Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint NATHAN VARNOLD, APRIL MARTINEZ, SAMANTHA FAZZINI, DONNA GARCIA, TRACY ASTON, ASHRAF ELMASRY, MARINA TAPIA, KD WAPATO, EDWARD C. SPECTOR, TOM BRANIGAN, PAUL RODRIGUEZ, SIMONE GERHARD, ROSA E. RIVAS, B. ALEMAN, LISA K. CRAIL Los Angeles, CA their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 310 day of December, 2018 1114 14 o�n =x= SEAL ;:0 Ui 14sa a . :y Q*o�,a`, Cy f#�,e STATE OF NEW JERSEY STATE OF ILLINOIS xy�40�1� `!s County of Essex County of Cook SEAL 'f 1904 on 1 {Ebb Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .■"f- A. ■ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, :'■tiV� A. OGS'•` New Jersey the day and year first above written. JEFt ■ Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, JUL 2 9 2020 A00494 Irene Martins, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �C,.2�S`N;,'::.:_i`�K'F(.c: t'., _. _f:�(•.a�C,.c_'.: _�.�Y'a�:{:C"af. -.:, .--t',�{�: - — - - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On August 3, 2020 Date before me, Kimberly Ann Henderson, Notary Public Here Insert Name and Title of the Officer personally appeared Christopher Courtney NameXof who proved to me on the basis of satisfactory evidence to bet ersonj whose name s bscribed to the within instrument and acknow dged to me tha he j5e�f executed the same in �ter/ttjye4i' authorized capacity§�and that b i f�ofltt it signature*_' ignature an the instrument the person, or the entity upon behalf of which the person;acted, executed the instrument. " KIMBERLY ANN HENDERSON Notary Public • California Orange County i * Commission # 2317611 My Comm. Expires Jin 5, 1014 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. Signator Sig tore of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: X: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 AoN July 29, 2020 Kim Henderson Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Aon Risk Insurance SerUices West, Inc. Construction Services Group RE: Beazer Homes Holdings Corp. Bond No. 0446226 $21,745.00 Subdivision Bond - Watermark/Floresta, Tract 36762, Grading To: City of La Quinta Dear Kim: Enclosed please find the requested Rider/Consent to the above captioned bond. The bond is continuous and will remain current and in effect until released or returned by the Obligee. Please file the original Rider/Consent with the Obligee. It is your responsibility to carefully review the rider/consent to verify it has been presented on the correct form with the appropriate name, bond amount and date, and to ensure this rider/consent conforms with your needs and instructions to us and provide the appropriate terms to all parties. Any discrepancies, deficiencies or modifications must immediately be brought to our attention, in writing. Failing such advice to us, you understand we will have no liability for any deficiencies or discrepancies in or required modifications to the bond. By providing the rider/consent to the Obligee you are verifying and, we will justifiably assume, the rider/consent has been issued correctly with the best interests and requirements of all parties being properly considered. Please call our office if you should have any questions or need further assistance. Sincerely, Tracy Aston Account Manager (213) 630-3349 tracy.aston@aon.com Aon Risk Insurance Servicer West, Inc. 707 Wilshire Boulevard, Suite 2600 • Los Angeles, California 90017 tel: (213) 630-3200 • fax (213) 630-7308 License No 0363334 FAITHFUL PERFORMANCE BOND (LQMC 8.02.01 & CBC 3311) Bond No. 0446226 Premium: $1,631.00 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 Beazer Homes Holdings Corp., 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 Watermark Tract 36762; and 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 International Fidelity Insurance Company, as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of Two Hundred Seventeen Thousand Four Hundred Forty Eight_and 001100_ Dollars ($217,448.00) 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 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, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the permit or to the work to be performed there under 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 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 December 4, 2015 . Principal: Beazer Ho Holdings Corp. (Seal) Signature 01indpal AVOWgiS�n�Y -wes; �a66�ot/ Title of Signatory Surety: International Fidelity Insurance Company_ (Seal) Signature of Surety Title of Signatory: Edward C. Spector Address of Surety: One Newark Center 20th Floor, Newark, NJ 07102 Phone # of Surety: (714) 602-9170 Contact Person For Surety: Marci Hayes Regional Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On DEC 0 4 2015 before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/me subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in hisiheT-Aheir authorized capacity(ios), and that by his/he€/t signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY ASTON Commission # 2107456 z .=® Notary Public - California z Los Angeles County My Comm. Expires May 15, 2019 .F �4�Ea g - r _ •, 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 � 1*1 "_V /_� Signature of Notary Public ACKNOWLEDGMENT A notary public or other officer Completing this certificate vermes only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange} ss. On December 11. 2015 before me, Sebastian Nathaniel Torres, Notary Public, personally appeared Rudy Provoost, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. d SEBASTIAN NATHANIEL TORRESI COMM. *2121905 z es Notary Public -ty Cun aliforniaOranc Cor. B fres A21.1,2DI9+ Signature.—S4& iSeail Sebastian Nathaniel Yorres, Notary Public, # 2121905 (My Commission Expires Aug. 1, 2019) ■. ...... ;a�., . c ■�-_ . baa_.• ow- -.3 - Te; W) 62a=7kO POWER OF: ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY _ ALLEGHENY CASUALTY COMPANY UNF NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 071.02--520.7 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation:organized and: existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal:office ih the City of Newark, New Jersey, do hereby constitute and appoint TRACY ASTON, JAMES.: ROSS, EDWARD C. SPECTO-R, 9IMO NE: GERHARD, DARAVY MARY, LISA K. GRAIL, NATHAN VARNOLD, TOM $RANIGAK PAUL RODRIGUEZ, ASHRAF ELMASRY = ir i Los Angeles, CA. ytheir true and lawful attome.y(s)-fn,fact to execute, seal and deliver for: and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writinggs obligatory n the nature thereof, which are or rriay be allowed., required or permitted by .law, statute, rule, regulation, contract or otherwlse,: and the execut.on of such instrument(s) f in.pursuance of these presents, shall be as binding 'upon the said INTERNATIONAL FID.ELITY'I.NSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as If tile. same had been duly executed end ., acknowledged by their regularly elected officers at their principal offices. This Power of: Attorney Is executed and mayy be revoked, pursuant to and b authorityof the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is:granted'under. and by authari ,.of the following resoliltian adopted by the. Beard of Dlrectpr5 of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting. duly held on the 20th day of July, Vi% and by the Board of flirectors of. ALLEGHENY..: CASUALTY.COMPANY ata meeting duly held on the 15th day of August, 2000: "RESOLVED, that p ] the. President, Vice Presldeftt Executive Vice President or Secretary of the Corporation shall have the pawor to appoint, and to revoke the appointments 0, Attorneys=in-Fact. or agents with power and authority as: defined or.limited in their respective powers of attorney, and. to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognlzanCos , contracts of indemnity and other written Obliggations in .the . nature thereof or related thereto: and (2) any.:such 0fficers of the Corporation may appoint and'revoka the. appointments. of joint control custodians, aggents for accepptance of process, and Attorneys -m -fact with .authoNty to execute..waivers. and consents on behalf of the Corporation; and #33 the signature of any such Offcer'of the .Corporation and the Corporation's seal may. be. affixed: by facsimile to any power of attorney or certification 0iven or the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when.. so used whether heretofore or hereafter, .. being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,th to.be'valid and binding upon e GvrporaGon with the same force and effecl as though manually afriked," IN WITNESS WHEREOF, INTERNATIONAL FIDELITY .INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each .executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY F,OALr}l. Ly County of Essex wZZ SEA L � � :1936 ,r 1904 S, ROBERT b ROBERT W, MINSTER Executive Vice President/Chief d.porating Officer �vsrt_4 (International Fidelity Insurance Campanyj and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and; being by me duly swam, said he is the. therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY,and ALLEGHENY .CASUALTY. COMPANY ; that the seals affixed to said instrument are the Corporate Seals of .said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. . . IN TESTIMONY WHEREOF, 1 have hereunto set m hand affixed my Official Seal; at the City of Newark, New Jersey the day and year first above written. AR U t�► Q , G3 NOTAAY 0. PUBLIC * * A NOTARY PUBLIC OF NEW JERSEY -L My Commission Expires Nov. 21, 2015. CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby Wity that I have compared the foregoing copy of the Power of.Attemey and affidavit, and the copy of the Sections of the By -Laws of. said Companies as set forth. in.said Power of Attorney, with the originals ori file In the. home office of said companies, and that the same are correct transcripts thereof, and of the:whole of the said originals, and that the said Power of Attorney has not been rev okedand is now in full force and effect - IN TESTIMONY WHEREOF, 1 -have hereunto set my hand this DEC 0 4 .2015 day of i :r g MARIA BRANCO. Assistant Secretary:: xs..''mss L. ... ..: :.... ... . ; .- .. .. ..: - .• . .: ... ... .. - .. .. .. r -..- .. - - - - ... .. i- .... .. a 3.�,3iE�r�.tr.s.:'. - .- .. .. ...-.. .- ...-., .'.,"o�ars?� CALIFORNIA - MEMORANDUM Date: September 12, 2023 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re: TM 36762, Floresta, PM -10 Bond Release Please release the following PM -10 bond held in your files for the above referenced tract. The PM -10 bond amount and the address to the developer and surety company are as follows: Tract Map No. 36762 Bond Description Bond No. Bond Amount PM -10 Dust Control 0446227 $31,260 Developer: Jessica Nicholas Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Surety Company: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 Attn: Marci Hayes If you have any questions, please contact me at extension 7047. Thank You. ta0aixta CALIFORNIA - September 20, 2023 Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Attention: Jessica Nicholas RE: TRACT MAP 36762 FLORESTA — RELEASE OF BONDS Dear Ms. Nicholas, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bond and notified International Fidelity Insurance Company on 9/20/2023. Bond Number Bond Amount Bond Type 0446227 $31,260 PM -10 Dust Control The original paper bonds are enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, -�66 r Monika Radeva, City Clerk Email: MRadeva(o)LaQuintaCA.Qov Tel: (760) 777 - 7035 ta0aixta CALIFORNIA - September 20, 2023 International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ, 07102 Attention: Marci Hayes RE: TRACT MAP 36762 FLORESTA — RELEASE OF BONDS Dear Ms. Hayes, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases the following bond: Bond Number Bond Amount Bond Type 0446227 $31,260 PM -10 Dust Control Copies of the bonds being released are enclosed for your reference. Beazer Homes, the developer, was also notified of the above bonds release on 09/20/2023. Please do not hesitate to contact me should you have any questions. Sincerely, Monika Radeva, City Clerk Email: MRadeva(a)LaQuintaCA.gov Tel: (760) 777 - 7035 (LQMC 6.16) Bond No. 0446227 Premium: $234.00 Fugitive Dust Control Bond E Y WHEREAS, the City of La Quinta, California, is prepared to authorize LEA?ER unMES T4QI,DINGS CORP , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as TRACT 36762 ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chapter 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM 10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # , prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activities required in the Fugitive Dust Mitigation Plan. NOW therefore, we the Principal and International Fidelity Insurance Company , as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of THIRTY ONE THOUSAND TWO HUNDRED SIXTY Dollars ($ 31,260.00) 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 obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed there under 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 Fugitive Dust Control Permit # Page 2 of 2 C PY In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on December 4. 20 15 . BEAZER HOMES HOLDINGS CORP Principal (Seal) Sig natu of rincipal v Y - kf Title of Signatory International Fidelity Insurance Company Sur t (Seal) - Signature of §jrety Edward C. Spector, Attorney -in -Fact Title of Signatory One Newark Center, 20th Floor, Newark, NJ 07102 Address of Surety (714) 602-9170 Phone # of Surety Marci Hayes. Regional Manager Contact Person for Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On DEC 0 4 1015 before me, Tracy Aston, NoIM Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name( -s) is/af-e subscribed to the within instrument and acknowledged to me that he/s4@44ey executed the same in his/her/tom authorized capacity(), and that by his/4m/41647 signature(s) on the instrument the person( -s), or the entity upon behalf of which the person(s) tD acted, executed the instrument. TRACY ASTON CDrnmission # 2107455 a . Notary Public - California Los Angeles County ' P+1'1 Comm. Etplr?S May 15.2015 FT 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. Aawvol"� Signature Signature of Notary Public ACKNOWLEDGMENT A notary public or other officer compieting this certificate verifies only the identity of the I individual who signed the document to which this certificate is attached, and not the trutlifulness, accuracy, or validity of that: document. State of California County of Orange} ss. On December 11. 2015 before me, Sebastian Nathaniel Torres, Notary Public, personally appeared Rudy Provoost, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 fnronninn narnnrnnh ie +n is nnrl rnrrcr+ ----1---•o r -• -5.-r..._ _.-_ --- .__-. WITNESS my hand and official seal. Signature Se astian Nathaniel Torres, Notary Public, # 2121905 (My Commission Expires Aug. 1, 2019) SEBASTIAN NATHANIEL TORR COMM. *2121905 z Notary Public - California c Z Orange County Carnm Expires M. 1 j 709 (seal) Tel t.9r3y 624 -MD POWER OF ►ATTaRNEY Cp, INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY ,.a corporation organized. and existing under the laws of the $tate of New Jersey, and ALLEGHENY CASUALTY COMPANY a:corporation organized and existing under the laws of the State of Pennsylvania,.having their principal office in the City of. Newark, New Jersey, do hereby constitute and appoint TRACY ASTON. JAMES ROSS, EDWARD C, SPECTOR, SIMON E GERHARD,:DARAVY MADY, LISA K. C RAI L,. NATHAN VARN.CLID, TbM: BRAN±GAN, PAUL RODRI:GUEZ,: ASHRAF E:LMASRY Los Angeles, .CA. their true and lawful a'ttamey.�sj-jn4act to execute, seal and deliver for and on its. behalf as surety, anyarid all bonds and undertakings, contracts of indetnnity .and other writings Obligatory. n the nature thereof, which are or.may he allowed,. required or permitted by law, statute, rule, regulation, convect or: otherwise and the execution of such instruments) In pursuance of these. presents, shall be as binding upon the said INTERNA ONAL FIDELITY INSURANCE COMPANY and ALLEGHENY.CASUALIY OOMPANY, as fully and amply, to all intents and purposes, -as if the same .had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of. Attorney. is executed, and may be revoked, .pursuant to and b authority of the Cy=Laws of INTERNATIONAL FIDE=LITY INSURANCE COMPANY. and: ALLEGHENY CASUALTY COMPANY -and is granted under and by authors of the following resolution adopted,by the: Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting.duiy held on the 20th:.day of July, 2010.and by the Board of Oireciors of ALLEGHENY CASUALTY COMPANY at a meeting duly- held on the 15th day of August.. 200M "RE5OL1/EC7; that (1) the President, Viae President Executive Vice. President or Secretary of the Corporation shall have the power to appoint, and to revoke . the appointments of, Attorneys -in -Fact. or agents wit. power and authority.as:defirled or Ilmited in their respactive powers. of attorney, and to execute on behalf of the Corporation and affix; the Corporation's seal thereto, bonds, undertakings, recognizances, : contracts of inderf pity and other written obligations in: the nature thereof or related thereto' and (2) any such Officers of the Corporation, may appoint and revoke the appointments of joint:.control. custodians, aggents' foe tcce taoce of process.. and Attomeys4n-fact with authority.to execute .waivers. and consents on behalf of the Corporation; and .(3) the signature of any such 0f�cer.of the Carporatic n and.the Corporation's seal may be. affixed by Facsimile: to arty. power of attorney or cer{if3cation given for :the execution of any . bond, undertaking, reccgnraance, contract of inderrlrtity or other wntterl obIiggation in the nature thereof & related thereto, such signature and seals when so used whether heretofore or hereafter, . being^ Hereby ado Led by the .Garporatian as the anginal siggnature of such officer and. the original seal of the Gorporalion, to be:Yalid and binding upon the Corporation with the sarrte force and effect as though manua[]y affixed." IN WITNESS WHEREOF, INTERNACIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on.this 12th day of March,:2012.. �E STATE OF NEW JERSEY sP1�` County afEssex �,-.,,,_ ' � 3 1936 � 1904. e, ROBERT: W. MINSTER �►�+� k'k Executive Vice President/Chlef operating OfficerSYLN ..{International Fidelity:lnstirance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before rime carne the individual who:execuled the preceding instrument; to me personally known, and;: being by me duly sworn, said he, is the therein describad.arid autharized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affked to said instrument are the Corporate Seals. of said Companies; that the Bald Corporate Seals and his signature were duly affixed by order of the Boards of directors of said Comparies_ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed nny Official Seal, at. the City of. Newark, New Jersey the day and year first above written.. !rr ONOTARY PUBLiC * A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2015 J ER5 CERTIFICATION t, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that l have compared the foregoing copy of the Power of Attomey and affidavit, and the copy of the Sections of .the Ry -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the. same are correct transcripts thereof, and of the -whole 0f the said originals, and that the: said Power of. Attorney has nat been revoked -and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand. this Fl EC !t d ry C,:::.day of �ueEJ <. MAR Assistant Secretary ta Qwkra -1 \I II ORXI\-- MEMORANDUM Date: August 11, 2020 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re: Reduction Bond Rider, Tract Map 36762, Floresta Please attach the new reduction bond riders to the existing performance bond for TM 36762. 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: TRACT No. 36762 Bond Number Performance Security Reduced Performance Amount 0446246 $4,177,612 $625,717 0446226 $217,448 $21,745 Developer: Mr. Chris Courtney Beazer Homes Holdings 310 Commerce, Suite 150 Irvine, CA 92602 Surety: International Fidelity Insurance Company 707 Wilshire Blvd, Suite 2600 Los Angeles, CA 90017 Attn : Tracy Aston 213-630-3349 If you have any questions, please contact me at extension 7047. Thank You. P.1 I TRACT MAP NO. 36762, FLORESTA ON -SITE IMPROVEMENTS BOND REDUCTION - BOND NO. 0446246 Labor & Material Performance Original Amount Security Improvement Description 1st Partial Reduction Percent 1st Partial Reduction Amount Street - $725 178 80% $145 036 Storm Drain - $179 695 90% $17,970 Water - $394,620 90% $39,462 Sewer - $304,485 90% $30 449 -Dry Utilities - $913,030 900/0 $91,303 Walls / Fence / Gates - $40 660 90% $4,066 Monumentation - $20,000 0% $20,000 -Landscaping - $587190 70% $176,157 Standard 10% Contingency - $316 486 90% $31 649 Professional Fees, Design 10% - $348,134 90% $34,813 Professional Fees Construction 10% $348,134 90% $34,813 TOTAL - $4,177,612 $625,717 TRACT MAP NO. 36762, FLORESTA GRADING BOND REDUCTION - BOND NO. 0446226 Improvement Description Original Amount Proposed Reduction Reduced Amount ROUGH GRADING $217 448 90% $21,745 Page 2 of 2 ta Q"Kra CALIFORNIA June 4, 2020 Beazer Homes Attn: Chris Courtney 310 Commerce, Ste. 150 Irvine, CA 92602 Re: Tract Map No. 36762 Floresta To whom it may concern: Per authorization from the Design and Development Department, the City Clerk's office hereby releases Performance Bond No. 0220458 in the amount of $40,000, and Labor and Material Bond No. 0220458 in the amount of $40,000. If you have any questions, please call me at (760) 777-7092. Sincerel , Nichole Romane Deputy City Clerk c: Bryan McKinney, Public Works Director/City Engineer Berkley Insurance Company File &Qaigr(4j - — GEM of rbr DESERT -- MEM0RANDUM To: Monika Radeva, City Clerk Via: EpVM Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Al - Date: June 4, 2020 Re: Release of Performance and Labor & Materials Bonds Tract Map No. 36762, Floresta Please release the following bonds for the relocation of IID switch vault held in your files for the above referenced project. Public Works inspector has verified the work to relocate the IID switch vault has been completed. The security amount and the address to the surety company are as follows: TRACT No. 36762 Bond No. Bond Amount 0220458 (Performance) $40,000 0220458 Labor & Materials $40,000 Developer: Beazer Homes 310 Commerce, Suite 150 Irvine, CA 92602 Attn: Chris Courtney Surety Company: Berkley Insurance Company 7807 East Peakview Ave, Ste 350 Centennial, CO 80111 Attn: Aaron Salvucci (303) 357-2636 Cc: Project File I, Tract Map No. 36762 If you have any questions, please contact me at extension 7047.Thank You. W �W MEMORANDUM Date: November 8, 2018 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer Re: Performance and Labor & Materials Bonds Tract Map 36762, Floresta Please place the attached bonds in your file for the above referenced tract. Performance Bond and Labor & Materials Bond for relocation of IID switch vault Bond No. 0220458 $40,000 Surety: Berkley Insurance Company 7807 East Peakview Ave, Ste 350 Centennial, CO 80111 Attn: Aaron Salvucci (303) 357-2636 If you have any questions, please contact me at extension 7047. Thank You.