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31910 Capistrano - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 31910 Development: Capistrano Developer/Owner: Capistrano Lots LP La Quinta Estates (Former) Desert Elite, Inc (Former) Bond Company: Federal Insurance Company 202B Hall’s Mill Road Whitehouse Station, NJ 08889 Attn: Surety Claims International Fidelity Insurance Company, 2999 Oak Road, Suite 820 Walnut Creek, CA 94597 Attn: Julie L. Nickels-Schau Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust Control (PM 10) 83280249 823063S Check 832092S $45,000 $59,250 $19,700 $332,350 Released 12/07/2021 Released 12/13/2021 Released 02/08/2008 Performance 0608280 832093S 2174072 2174073 2174079 2174080 $1,254,277 $243,790 $141,000 $20,000 $2,168,286 $1,254,277 rider $653,099 $254,387 rider Released 02/08/2008 Released 02/08/2008 Released 02/08/2008 Replaced w/rider 11/20/2008 Released 10/12/2015 Replaced w/rider 11/20/2008 Released 08/14/2014 Labor & Material 823093S 2174080 $243,790 $653,099 Released 04/03/2008 Released 10/21/2014 Warranty 0608274 $49,477 Released 11/16/2015 2Q) $-05-09 -&, Y.I e 4 DEMAND / CHECK REQUEST �"�nf n►�'W - Return check to ►equestor ^� Mail check Name / Title of person requesting check AMY YU, ASSOCIATE ENGINEER Department individual is associated with; PUBLIC WORKS Check payable to: DESERT ELITE, INC 19,700 (PJame; Amount: $ {Vendor h1a.� 78401 HIGHWAY 1 1 1, SUITE X Account Number: 101-0000-22810 (Adoress)' LA QUINTA, CA 92253 DD 06-014 Project Number: Check description and invoice number: RELEASE OF DUST CONTROL CASH DEPOSIT FOR RESIDENTIAL TRACT NO. 31910, -CAPtSTRANQ.- PER F+AS-SUBMfTTE&-REPi-AC-E ENT 961&T -CONTROL-C--ASH - DEPOSIT. Signature: Digilally signed by Bryan McKinney DN: cn=Bryan McKinney, o, ou, email=bmckinney@laquinlacgov, c=US (Department Flea (bate) APPROVED FOR PAYMENT (Finance Department Use Only) BY: BY: ACCOUNT NO. DESCRIPTION Nichole Romane From: Amy Yu Sent: Monday, December 13, 2021 11:39 AM To: Nichole Romane Cc: City Clerk Mail Subject: Release of dust control cash deposit - TM 31910 Attachments: Check Request DD06-014 TM31910.pdf Dust control cash deposit of $19,700 is being released. Please update Outstanding Bond Report for TM 31910. Thank you 4 Qwkra CALIFORNIA Amy Yu I Associate Engineer City of La Quinta - Public Works 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7047 www.la uintaca. ov www.[2layinlaquinta.com 1 DESERT ELITE INC WELLS FARGO BANK NA 1107 _ - CAPISTRANO ACCOUNT 78-401 HWY 111 SUITE G s LA QUINTA; CA 92253-2066 PAY TO THE CITY OF LA QUINTA ORDER OF CALIFORNIA 16-2411220 11/29/2005 s **19,700.00 Nineteen Thousand Seven Hundred and 00/100*******************************************+*******►************************* - DOLLARS MEMO TRACT 31910 FUGITIVE DUST CONTROL BOND 1130OLL0711' V.L220002471:7L65689022114 } DESERT ELITE INC. I CAPISTRANO ACCOUNT CITY OF LA QUINTA 11/29/2005 1107 SUBDIVISION BONDS 19,700.00 RECEIVED NOV 3 0 2005 PUBLIC WORKS DESERT ELITE, INC. TRACT 31910 FUGITIVE DUST CONTROL BOND 19,700.00 DESERT ELITE INC. I CAPISTRANO ACCOUNT CITY OF LA QUINTA 11/29/2005 1107 SUBDIVISION BONDS - " - " -- — - —"--" — --- - - --- 19,700.00 -- M �y f VA kn Ct CF Z m rL to A e'h Z am m d s C- 7C ��77 Crl '=3 c w M f _ crcR € {{ rt� %Drm m = MDM n~i Pia ro`- io- cr� r ti DESERT ELITE, INC. I Gn707f. �amnt 19,700.00 ta Qaigra — (;F\1 ij':i DESERT — MEMORANDUM To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer/rA) Date: December 2, 2021 Subject: Replacement of Dust Control Bond for Tract Map 31910, Capistrano Please replace the following dust control bond held in your file for the above referenced tract. Please release the following performance security: Tract Map No. 31874 Type of Bond Bond No. Performance Amount Dust Control 823063S $59,250 Please retain the following attached performance security: Tract Map No. 31874 Type of Bond Bond No. Performance Amount Dust Control 82380249 1 $45,000 Developer: Mr. John Pedalino Desert Elite 78401 Highway 111, Suite X La Quinta, CA 92253 Surety Company: Ohio Casualty Insurance Company (823063S) P O Box 34526 Seattle, WA 98124 cc: Project File, Tract Map No. 31910 Paae 1 of 1 ta Qwigra CAI IHIRXIA December 7, 2021 Desert Elite ATTN: Mr. John Pedalino 78401 Highway 111, Suite X La Quinta, CA 92253 RE: TRACT MAP 31910 CAPISTRANO — RELEASE OF BONDS Dear Mr. Pedalino, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office has hereby released the following bonds and notified Ohio Casualty Insurance Company on 12/07/2021. Bond Number Performance Amount 8230635 $59,250 The original paper bond is enclosed. Please do not hesitate to contact me should you have any questions. Sincerely, Nichole Romane, Deputy City Clerk Email: nromane@LaQuintaCA.gov Tel: (760) 777 - 7092 c: Bryan McKinney, Public Works Director/City Engineer Ohio Casualty Insurance Company File Liberty Mutual • SURETY To: City of La Quinta Attn: Amy Yu 78495 Calle Tampico La Quinta, CA 92253 RE: Change Surety Company ASSUMPTION OF LIABILITY RIDER Principal: Desert Elite Inc. Surety Bond Number: 823063S Bond Amount: $59,250.00 Original Surety: Developers Surety and Indemnity Company COPY New Surety: Ohio Casualty Insurance Company Change Surety Company • Effective, 12/5/19 the original surety on the above referenced surety bond, Developers Surety and Indemnity Company is replaced with Ohio Casualty Insurance Company • On the effective date, Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Developers Surety and Indemnity Company under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices, including claims, should be sent to: Liberty Mutual Surety Attention: LMS Claims PO Box 34526 Seattle, WA 98124 Phone: (206) 473-6210 Fax: (866) 548-6873 Email: HOSCL@libertymutual.com Li bertyMutual SurMC laims.coln • With the exception of the substitution of Surety Company pursuant to this Rider, all terms and conditions of the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect,vary, waive, alter or extend the terms, conditions and obligations of the Bond. Signed and dated this 5th day of December , 2019 Surety. Ohio Casualty Insurance Company Obligee: City of La Quinta 7 By: By: Renee C. Llewellyn, Assistant Secretary Nichole Romane, Deputy City Clerk City of La Quinta, California LMS-21155 07/19 Libert T r a��utUAL December 5, 2019 Assumption of Liability Rider Dear City of La Quinta, Liberty Mutual Surety 17771 Cowan Suite 100 Irvine, CA 92614 On May 31, 2019 Liberty Mutual Insurance Company ("Liberty") acquired the U.S. surety operations of AmTrust Financial Services which includes Developers Surety & Indemnity Company [or insert the bonding line]. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption of Liability Rider ("Rider"). Depending on the obligation, the surety on the Rider is Liberty or Ohio Casualty Insurance Company ("OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175,415,000. As noted on the Rider, upon the effective date Ohio Casualty Insurance Company will be the surety as if Ohio Casualty Insurance Company originally issued the bond. In recognition of this assumption, we ask that you sign the enclosed Rider and electronically return a copy to: AmtrustRider@LibertyMutual.com. If you have any questions or concerns regarding this process, please contact: Lucille Raymond at Lucille.Raymoz d(t—i)LibcM>Mutual.com or call 949-263-3371. Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure — Rider cc: Alera — ARR Insurance Agency LLC Member of Liberty Mutual Group Bond No 823063S Premium $1,067.00/2 Year Term FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize Desert Elite, Inc. 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 Capistrano ; and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Control Plan 9 050.1 ° , 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 Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of FIFTY NINE THOUSAND TWO HUNDRED FIFTY AND 00/100 Dollars (S 59,250.00 ) 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 ofthe obiigaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the dust control plan or to the work, the specifications, or the conditions of approval of said plan. Page 1 of 2 F211 Fugitive Dust Control Bond Fugitive Dust Control Plan # 05019 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on October 28 , 2005. (Seal) President Title of Signatory Developers Surety . nd Indemnity Company Sr. (Seal) Signa ure f rety ' Natalie Caicedo Lopez, Attorney -In -Fact Title of Signatory 17780 Fitch, Suite 200, Irvine, CA 92614 Address of Surety 949-263-3300 Phone # of Surety Mark Lansdon Contact Person For Surety F:2ii �'�`�`■ of �� . To: Susan Maysels, City Clerk From: Amy Yu, Associate Engineer W Via: Timothy R. Jonasson, P.E., Public Works Director /City EngineerL '_ 4"-�� Date: November 13, 2015 Subject: Release of Warranty Security Tract Map No. 31910, Capistrano Please release the following warranty security held in your files for the above referenced tract. The off -site improvements were accepted by City Council on July 15, 2014. The warranty amount and the address to the developer and surety company are as follows: TRACT No. 31910 Warranty Bond No. Warranty Amount 0608274 $49,477 Developer: Mr. John Pedalino 78401 Highway 1 1 1, Suite X La Quinta, CA 92253 Surety Company: International Fidelity Insurance Company One Newark Center, 20t" Floor Newark, NJ 07102-5207 Cc: Project File I, Tract Map No. 31910 November 16, 2015 The original bold and letter wre picked up by Mr. Jahn Pedalino: Signature: I Mr. John Pedalino La Quinta 57 Estates, Inc. Date: �i�c 78-401 Highway 111, Suite X La Quinta, CA 92253 Re: Tract Map 31910 - Release of Warranty (Maintenance) Bond No. 0608274 Dear Mr. Pedalino: Per authorization from the Public Works Department, the City Clerk's office hereby releases Warranty (Maintenance) Bond No. 0608274 for off -site improvements in the amount of $49,477. If you have any questions, please contact me at (760) 777-7103. Sincerely, Monika Radeva Executive Assistant c: Tim Jonasson, Public Works Director/City Engineer International Fidelity Insurance Company File 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org ti FI .+"4vjhrr tiro. 19('vf International Fidelity INSURANCE COMPANY One Newark Center, 20th fir. Newark, New Jersey 07102-5207 1-800333-4157 / (973) 624-7200 / VWVW.IFIC.COM MAINTENANCE BOND BOND NO. 0608274 Premium: $990.00 KNOW ALL MEN BY THESE PRESENTS: THAT WE, Capistrano Lots, L.P as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of One Newark Center, 20th Floor, Newark, New Jersey, licensed to do business in the State of New Jersey and as Surety, are held and firmly bound unto City of La Quinta as Obligee, in the full and just sum of Forty Nine Thousand Four Hundred Seventy Seven and no/100s Dollars"—""""'""'" xxw-ktx++.+r�ww.�r+-rkr.�wrchr+++ vrkra+rrgrk+k+++rrrasrar►r+"ara++rrw�►+rrrrwrrrr+rtrrH.rarrr+ttxxrMavarwr ( $ 49,477.00*"'"*`"•""""''""' Dollars lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 23rd day of June 20 14 THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into a contract with the Obligee for Subdivision Improvement Agreement, Tract Map No. 31910, Off -site Improvements AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said Contract_ NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the period of one year from date of final acceptance because of defective materials or workmanship in connection with said contract of which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof, then this obligation shall be void; otherwise it shall be in full force and effect. All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein. Principal: Capistrano Lots, L.P. r �'.vP12o0%)mac,, 1-S 5ener."I par es By: - D[ tnr.i L. 'per/i e 't Surety: INTERNATIONAL FIDELI I SgRANCE COMPANY hlben Beck Attorney -in -Fact 1-83 s L � • ram' }� i October 12, 2015 Mr. John Pedalino La Quinta 57 Estates, Inc. 78-401 Highway 111, Suite X La Quinta, CA 92253 Re: Tract Map 31910 Dear Mr. Pedalino: The original bond and letter were picked up bV John Pedalino on A - Per authorization from the Public Works Department, the City Clerk's office hereby releases the On -site Performance Bond No. 2174079 in the reduced amount of $1,254,277. 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 Insurance Company of the West File 78-495 Calle Tampico l La Quinta l California 92253 1 760.777.7000 1 Www.L@-Quinta_org I.C.W. GROUP MINSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No. 2174079-01 Premium $ 10,907.00 Description of Bond On Sites - Tract 31910 Know all men by these presents that we, La Quinta 57 Estates, Inc., Principal, Insurance Company of the West, Surety, in favor of City of La Quinta, Obligee, do hereby, jointly and severally, change the penal amount of this bond from Two Mil. One Hund. Sixty Eight Thousand Two Hund Eighty Six and 00/100 dollars ($ 2,168,286.00) to One Million Two Hundred Fifty Four Thousand Two Hudnred Seventy Seven and 00/100 dollars ($ 1,254,277.00), effective from the 24th day of October, 2008. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 4th day of November, 2008. ACCEPTED: The above is hereby agreed and accepted: La By: Insurance Company of the West B • 1'Yz 1 Cam, lane M Nielsen Attorney -In -Fact GN-ICW 180 (8/00) STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON 1 u , BEFORE ME, LINDA ROCHA, Notary Public PERSONALLY APPEARED: Diane M. Nielsen Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. V17ITNESS my hand and official seal. llNDA ROCKA Commission # 1777932 ~� Notary Public - California Signature Riverside County (--7'-ii a Roclia, Notary MVC0MMEw*esNov23.2011 ALL PURPOSE ACKNO NAILED GMENT SUBDIVISION IMPROVEMENTS Tract Map No. 31910 PERFORMANCE BOND On Site KNOW ALL MEN BY THESE PRESENTS: Bond # 217 40 79 Premium — $35,524.00 THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31910 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta 57 Estates, Inc_ hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200 , and identified as Tract Map No. 31910 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to fumish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Insurance Company of the West as surety, are held and firmly bound unto the City. of La Quinta hereinafter called ("City"), in the penal sum of Two M - ii ne H d ix ht LLARS ($ )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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on Oct. 24 ,2006 La 0xinta. 57 Estates, Inc. Principal (Seal) Signature ❑1rincipal John R. Pedalino, President Title of Signatory Insurance Company of the West Surety ] (Seal) Signature of Surety Diane M Nielsen Attorney in fact Title of Signatory P O Box 85563 Address of Surety 800-877-1111 Phone # of Surety John Dudek Contact Person For Surety F201 - Performance Bond Page 2 of 2 To: Susan Maysels, City Clerk From: Fgyan McKinney, P.E., Development Services Principal Engineer Via: V10thy R. Jonasson, P.E., Public Works Director / City Engineer Date: October 7, 2015 Subject: Replacement of Performance Security for Tract Map 31910, Capistrano, On -Site Improvements Please replace the following on -site Performance security held in your file for the above referenced tract. The Assignment and Assumption Agreement for the on -site improvements were approved by City Council on October 6, 2015. Please release the following performance security: Tract Map No. 31910 Type of Bond Bond No. I Performance Amount Performance (on -site) 2174079 1 $1,254,277 (reduced amount) Please retain the following attached performance security: Parcel Map No. 31910 Type of Bond Bond No. Performance Amount Performance (on -site) 0608280 $1,254,277 Developer: Mr. John Pedalino La Quinta 57 Estates, Inc. 78401 Highway 1 1 1, Suite X La Quinta, CA 92253 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130 cc: Project File I, Tract Map No. 31910 Page 1 of 1 w October 21, 2014 Mr. John Pedalino 78-401 Highway 111, Suite X La Quinta, CA 92253 Re: Tract Map 319.10 Dear Mr. Pedalino: Per authorization from the Public Works Department, the City Clerk's office hereby releases the Off -site Labor and Material Bond No. 2174080 in the amount of $653,099. If you have any questions, please call me at (760) 777-7103. Sincerely, Pam Nieto Administrative Technician c: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Company File 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 wwwla-Quinta.urfg SUBDIVISION IMPROVEMENTS Tract Map No. 31910 LABOR AND MATERIAL BOND Bond # 217 40 80 Off Site premium — Included KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 3191-0 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66452) WHEREAS, the City Council of the City of La Quinta, State of California, and La Quinta 57 Estates, Inc. hereinafter designated as "the principal" have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, IMagreement, dated , 200_, and identified as Tract Map No. , is hereby referred to and made a part hereof; and WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of La Quinta to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of La Quinta and all contractors, subcontractors, laborers, matenaimen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) t]ollars f�Pa�t04rf ivision 3 of the Civil Code in the sum ofSix Hundred Fi.f Three Thousand Ninety Nine l 1ARS ($ 653 , 099_00*** ], for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. F202 - Labor and Material Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. O� n it ess whereof, this instrument has been duly executed by the principal and surety above named, on , 200 La QAta 57 Estates, Inc_ Principal (Seal) Signature of p cipal John R. Pedalino, President Title of Signatory Insurance Cang of the West Surety (Seal)-St�� j'�•r nature of Surety Diane M Nielsen Attorney in fact Title of Signatory P O Box 85563 San Diego, CA 92186 Address of Surety 800-877-1111 Phone # of Surety John Dudek Contact Person For Surety F202 - Labor and Material Bond Page 2 of 2 To: Susan Maysels, City Clerk From: an McKinney, Development Services Principal Engineer Via: YiHothy R. Jonasson, P.E., Public Works Director/ City Engineer Date: October 15, 2014 Subject: Release of Off -Site Labor & Materials Security, Tract 31910 Capistrano 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 July 15, 2014; therefore, the retention of the Labor & Materials 90-day period was completed on October 15, 2014. The Labor & Materials security amount and the address to the developer and Surety Company are as follows: TRACT No. 31910 Bond No. Bond Amount 2174080 $653,099 Developer: Mr. John Pedalino 78401 Highway 1 1 1, Suite X La Quinta, CA 92253 Surety Company: Developers Suret nd Indemnity Compan 17771 Cowa , uite 100 Irvine, C 2614 Cc: Project File I, Tract Map No. 31910 Vol 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.or Twit °F4a" 78-495 CALLE TAMPICO LA QUINTA, CA 92253 August 14, 2014 Mr. John Pedalino 78-401 Highway 111, Suite X La Quinta, CA 92253 Re: Tract Map 31910 Dear Mr. Pedalino: OFFICE OF THE CITY CLERK (760) 777-7103 FAX (760) 777-7107 Per authorization from the Public Works Department, the City Clerk's office hereby releases the Off -site Performance Bond No. 2174080 in the reduced amount of $254,387. We are also in receipt of the Off -site Warranty Bond No. 0608274 in the amount of $49,477. If you have any questions, please call me at (760) 777-7103. Sincerely, {n Pam Nieto Administrative Technician c: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Company International Fidelity Insurance Company File I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST []EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No. 2174080-01 Premium $ 2,794.00 Description of Bond Off Sites - Tract 31910 Know all men by these presents that we, La Quinta 57 Estates, Inc., Principal, Insurance Company of the West, Surety, in favor of City of La Quinta, Obligee, do hereby, jointly and severally, change the penal amount of this bond from Six Hundred Fifty Three Thousand Ninety Nine Dollars and 00/100 dollars ($ 653,099.00) to Two Hundred Fifty Four Thousand Three Hundred Eighty Seven Dollars and 00/100 dollars ($ 254,387), effective from the 24th day of October, 2008. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 4th day of November, 2008. ACCEPTED: The above is hereby agreed and accepted: La By: GN-iCW 180 (8/00) Insurance Company of the West 4 7 B e M Nielsen Attorney -In -Fact STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON LLILI/w PERSONALLY APPEARED: , BEFORE ME, LINDA ROCHA, Notary Public Diane M. Nielsen Who proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. 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. DO uNA aoCH4 Commission # 1777932 Notary public - Calltornfa Rlvsrside County Signature wconrn0q, WNW23,2011 didda Rocha, Notary ALL PURPOSE ACKNOWLEDGMENT SUBDIVISION IMPROVEMENTS Tract Map NO. 31910 PERFORMANCE BOND off Sites Bond #217 40 80 Premium — $12,796_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. 3191U by the Conditions of Approval for thelsubjector to smap, nna accordance with thof certain te California Map Act (Govemed public improvementsumen Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and La inta 57 Estates zna. hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 200 , and identified as Tract Map No. 31910 , 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 Insurance Company of the West as srj+_ ant�k V0,ygrcpf La Quinta hereinafter called ("City"), in the penal sum of 3]le - lne:_. ❑ 1ars- �Y� DOLLARS ($653,099.00 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 Steep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. F201 - Performance Bond Page 1 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on Oct. 24 , 2006, La Qu to 57 Estates, Inc. Principal (Seal) Signature of ipal John R. Pedalino, President Title of Signatory Insurance Company of the West Surety ,^�,, __ (Seal) (&U M (� (i;z�ture of Surety Diane M Nielsen Attorney in fact Title of Signatory P O Box 85563 San Diego, CA 92186 Address of Surety 800-877-1111 Phone # of Surety John Dudek Contact Person For Surety F201 - Performance Bond Page 2 of 2 witvl 4 P Q9mrcv MEMORANDUM To: Susan Maysels, City Clerk From: Bryan McKinney, P.E., Development Services Principal Engineer Via: Timothy R. Jonasson, P.E., Public Works Director / City Engineer Date: August 13, 2014 Subject: Release of Performance Security and Retain Warranty Security for Tract Map No. 31910, Capistrano, Off -Site Improvements Please release the following off -site Performance security held in your file for the above referenced tract. The off -site improvements were accepted by City Council on July 15, 2014. The performance security amount is as follows: TRACT No. 31910 Type of Bond Bond No. Performance Amount Performance (off -site) 2174080 $254,387 (reduced) Please retain the attached Warranty security. The warranty security amount is as follows: TRACT No. 31910 Type of Bond Bond No. Warranty Amount Warranty (off -site) 0608274 $49,477 Developer: Mr. John Pedalino 78401 Highway 1 1 1, Suite X La Quinta, CA 92253 Surety Company: Developers Surety and Indemnity Company (Performance Bond) 17771 Cowan, Suite 100 Irvine, CA 92614 Surety Company: International Fidelity Insurance Company (Warranty Bond) One Newark Center, 201h Floor Newark, NJ 07102-5207 cc: Project File I, Tract Map No. 31910 Page 1 of 2 MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via:44imothyR. Jonasson, Public Works Director / City Engineer Y 9 Date: November 7, 2008 Re: Reduction Bond Rider to Performance Security for Capistrano, Tract Map No. 31910, due to Completed Off -Site Improvements Please attach the new reduction bond rider to the existing Performance security bonds for TM 31910, off -site improvements. Please find enclosed the new - reduction bond rider (reduced amount) which will secure the completion of the remaining improvements. An original certified Certificate of Authority for the Surety was submitted with the bond rider. The amounts and addresses to the developer and the surety company are as follows: TRACT No. 31910 Bond Number Performance Reduced Performance Security Amount 2174080-01 $653,099 $254,387 Developer: John Pedalino La Quinta 57 Estates, Inc. 78401 Highway 1 1 1, Suite G La Quinta, CA 92253 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130 Cc: Project File I, Tract Map No. 31910 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\30000-39999\31910\Internal Correspondence\Bond Reduction Rider offsite memo TM 31910.doc T4ht 4 4aumrw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Timothy R. Jonasson, Public Works Director / City Engineer Date: November 7, 2008 Re; Reduction Bond Rider to Performance Security for Capistrano, Tract Map No. 31910, due to Completed On -Site Improvements Please attach the new reduction bond rider to the existing Performance security bonds for TM 31910, on -site improvements. Please find enclosed the new reduction bond rider (reduced amount) which will secure the completion of the remaining improvements. An original certified Certificate of Authority for the Surety was submitted with the bond rider. The amounts and addresses to the developer and the surety company are as follows: TRACT No. 31910 Performance Reduced Performance Bond Number Security Amount 2174079-01 $2,168,286 $1,254,277 Developer: John Pedalino La Quinta 57 Estates, Inc. 78401 Highway 1 1 1, Suite G La Quinta, CA 92253 Surety Company: Insurance Company of the West 11455 El Camino Real San Diego, CA 92130 Cc: Project File I, Tract Map No. 31910 Amy Yu, Assistant Engineer II TATracts_Parcel Maps_SP\30000-39999\31910\Internal Correspondence\Bond Reduction Rider onsite memo TM 31910.doc P P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLC TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 November 20, 2008 John Pedalino La Quinta 57 Estates 78-401 Highway 1 1 1 Suite G La Quinta, CA. 92253 Re: Tract Map 31910 (Capistrano) To Whom It May Concern: Per authorization from the Public Works accepted riders for Performance Bond Nos $254,387 and $1,254,277 respectively. Department, the City Clerk's Office has 2174080 and 2174079 in the amounts of If you have any questions, please call me at (760) 777-7002. Sincerely /, ERONICA J.,M�ONTECINO, City Clerk City of La Quinta, California cc: Tim Jonasson, Public Works Director/City Engineer Insurance Company of the West File T-vf 4 4agurw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Eq Wimmer, Development Services Principal Engineer An Via: V TImothy R. Jonasson, Public Works Director 1 City Engineer Date: March 27, 2008 Re: Release of Labor & Materials Bond for Tract Map No. 31910, Capistrano Please release the following Labor and Materials security held in your files for the above referenced tract. The off -site water and sewer improvements are already bonded in Bond No. 2174080 which was included in the Subdivision Improvement Agreement (SIA) for off -site improvements; therefore the separate bond for the off - site water and sewer improvements can be released. The amounts and the addresses to the surety companies are as follows: Tract No. 31910 Bond Number Labor & Materials Security 823093S $243,790 Developer: Mr. John Pedalino Desert Elite, Inc. 78401 Hwy 1 1 1, Suite G La Quinta, CA 92253 Surety Company: Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 cc: Project File I, Tract Map No. 31910 Amy Yu, Assistant Engineer II Memo L&M bond release TM 31910 Page 1 of 1 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO LA QUINTA, CALIFORNIA 92253 April 3, 2008 John Pedalino Desert Elite La Quinta 57 Estates 78-401 Highway 1 1 1 Suite G La Quinta, CA. 92253 Re: Tract Map 31910 (Capistrano) To Whom It May Concern: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Per authorization from the Public Works Department, the City Clerk's Office hereby releases Labor & Materials Bond 823093S in the amount of $243,790. If you have any questions, please call me at (760) 777-7002. Sincerely h ERONICA J. bNTECINO, City Clerk City of La Quinta, California cc: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Co. File c&t!t 4 4Q�rw MEMORANDUM To: Veronica J. Montecino, CMC, City Clerk From: Ed Wimmer, Development Services Principal Engineer Via: Ubkimothy R. Jonasson, Public Works Director / City Engineer Date: January 24, 2008 Re: Release of Rough Grading Bond and Restoration Bonds for Tract Map No. 31910, Capistrano Please release the following rough grading and restoration securities held in your files for the above referenced tract. The rough grading work and on -site water and sewer improvements are already bonded in Bond No. 2174079 which was submitted by the developer to be associated with Subdivision Improvement Agreement (SIA) for on -site improvements. The off -site storm drain improvement, off -site street improvement, and off -site water and sewer improvements are already bonded in Bond No. 2174080 which was included in the Subdivision Improvement Agreement (SIA) for off -site improvements; therefore the separate bonds for the rough grading work, the water and sewer improvements, and the storm drain and street improvements can be released. The amounts and the addresses to the surety companies are as follows: Tract No. 31910 Bond Number Performance Security 823092S $332,350 823093S $243,790 2174072 $141,000 2174073 $20,000 Developer: Mr. John Pedalino Desert Elite, Inc. 78401 Hwy 1 1 1, Suite G La Quinta, CA 92253 Memo bonds release TM 31910 Page 1 of 2 Surety Company: Developers Surety and Indemnity Company 17780 Fitch, Suite 200 Irvine, CA 92614 Insurance Company of the West 1 1-455 El Camino Real San Diego, CA 92130 cc: Project File I, Tract Map No. 31910 Amy Yu, Assistant Engineer II Memo bonds release TM 31910 Page 2 of 2 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 7 7 7 - 7 0 0 0 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 February 8, 2008 John Pedalino Desert Elite La Quinta 57 Estates 78-401 Highway 1 1 1 Suite G La Quinta, CA. 92253 Re: Tract Map 31910 (Capistrano) To Whom It May Concern: Per authorization from the Public Works Department, the City Clerk's Office hereby releases the following bonds: Performance Bond 823092S in the amount of $332,350 Performance Bond 823093S in the amount of $243,790 Performance Bond 2174072 in the amount of $141,000 Performance Bond 2174073 in the amount of $204000 If you have any questions, please call me at (760) 777-7002. i ereONICA J. M TECINO, City Clerk City of La Quinta, California cc: Tim Jonasson, Public Works Director/City Engineer Developers Surety and Indemnity Co. File