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31732 VTL Palizada, LLC - OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 31732 Development: Bellasara (Formerly Palizada) Developer/Owner: VTL Palizada, LLC (NOT the current Developer) (Former KB Home Coastal, Inc.) Bond Company: Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Attn: Brook Smith Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust 800012088 $121,500 Released 2/16/2021 Control (PM 10) Performance 800012087 $7,382,797 Released 3/31/2021 On -Site Performance 800012085 $2,646,306 Released 3/31/2021 Off -Site Performance 800012086 $322,500 Released 3/31/2021 Off -Site Labor & Material 800012085 $2,646,306 Released 3/31/2021 Off -Site Labor & Material 800012086 $322,500 Released 3/31/2021 Off -Site Current Developer: Project LQ, LLC *NO OPEN BONDS — THE CITY HAS A LEIN CONTRACT WITH PROJECT LQ, LLC* *SEE PROJECT FILE IN LF* ta0aixta MEMORANDUM Date: March 25, 2021 To: Monika Radeva, City Clerk soup sgrwp°nu Via: Bryan McKinney, P.E., Public Works Director / City Engineer D�r M)].O3 ]509:33M -0)W From: Amy Yu, Associate EngineerAy Re: Palizada, TM 31732 and 31733, On -Site and Off -Site Improvements Bonds Upon recording of the two Lien Contract and Deed of Trust for the above referenced project, please release the following performance and labor & materials bonds for on -site and off - site improvements held in your files. The amounts and addresses to the developer and the surety company are as follows: Bond Number Performance Security Labor & Materials Security 800012087 $7,382,797 - 800012085 $2,646,306 $2,646,306 800012086 $ 322,500 $ 322,500 800012091 $7,613,958 - 800012089 $1,003,135 $1,003,135 800012090 $ 322,500 $ 322,500 Developer: Peggy Salzer VTL Palizada LLC 1350 1711 St., Suite 350 Denver, CO 80202 Surety: Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Attn: Brook Smith If you have any questions, please contact me at extension 7047. Thank You. ta Q"tra CALIFORNIA March 31, 2021 VTL Palizada, LLC Attn: Peggy Salzer 1350 17t" St, Ste. 350 Denver, CO 80202 Re: Tract Map Nos. 31732 and 31733 Palizada To whom it may concern: Per authorization from the Design and Development Department, the City Clerk's office hereby releases the following Performance Bonds, and Labor and Material Bonds: Bond Number Performances Labor &Materials Security Security 800012087 $7,382 797 - 800012085 $2,646,306 $2,646,306 800012086 $ 322,500 _ $ 322,500 800012091 $7 613 958 - 800012089 $1 003 135 $1,003,135 800012090 $ 322,500 $ 322,500 If you have any questions, please call me at (760) 777-7092. Sincerely, Nichole Romane Deputy City Clerk c: Bryan McKinney, Public Works Director/City Engineer Atlantic Specialty Insurance Company File ta QW;Kra MEMORANDUM Date: January 28, 2021 To: Monika Radeva, City Clerk o.yneny,,y„�a by s,ra„ r '!,,,,.y Via: Bryan McKinney, P.E., Public Works Director / City Engineer °ma`-b-k "eY`a4 °Ma9 --us 0z .2.71WV ii t558 MW From: Amy Yu, Associate Engineer Re: Palizada, TM 31732 and 31733, Dust Control Bond Please release the following dust control bond held in your files for the above referenced project. Site has been revegetated and new dust control bond will be required prior to any land disturbance. The amounts and addresses to the developer and the surety company are as follows: Bond Number Performance Security 800012088 $121,500 Developer: Peggy Salzer VTL Palizada LLC 1350 17th St., Suite 350 Denver, CO 80202 Surety: Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Attn: Brook Smith If you have any questions, please contact me at extension 7047. Thank You. NEOPOST FiFsT-:,�_��,�� M;"IL 1 U5 PQSTAGE USPS CERTIFIED MAIL - ;ity of La Quinta '8495 Calle Tampico .a Quinta CA 92253 9214 8901 8804 0800 0343 08 VTL -PAL-RADA LLC ATTN: PEGGY SALZER STE 350 1350 17TH ST DENVER CO 80202-1925 ItY 041M11452208 SUBDIVISION IMPROVEMENTS Tract Map No. 31732 PERFORMANCE BOND Bond Number: 800012085 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract Map No. 31732 , prior to installation of certain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of La Quinta, State of California, and VTL Palizada LLC, a Delaware limited liability company hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated /1.IA & IA5'T , 20 11 , and identified as Tract Map No. 31732 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and Atlantic Specialty Insurance Company as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Two Million Six Hundred Forty -Six Thousand Three Hundred Six and 00,1100 DOLLARS ($ 2,646,346,00 ) 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 any judgment 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 July 7 , 20 17. VTL Palizada LLC a Delaware limited liability company Principal (Seal) Signature of Principal (Seal) Title of Signatory Atlantic Specialty Insurance Company Surety y II /sem (• Signature of Surety Brook T. Smith Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Brook T. Smith Contact Person For Surety • One Beacon INSURANCEGROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a Ncw York corporation with its principal office in Plymouth, Minnesota, docs hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, scal and deliver, for and on its behalf as surety, any and all bonds, rccognizanccs, contracts of indemnity, and all other writings obligatory in the naturc thereof; provided that no bond or undertaking cxccutcd under this authority shall exceed in amount the sum of sixty minion dollars ($6U,000,000) and the execution of such bonds, rccognizanccs, contracts of indemnity, and all athcr writings obligatory in the naturc thereof in pursuance of these presents, shall be a.a binding upon said Company as if they had been fully signed by an authorized officer of the Company andscaled with the Company sea'. This.Powcr of Attorney is made and executed by authority of the following resolutions adoptcd by thc Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on thc twenty-fifth day of September, 2012: Resolved: That the President, any Scnior Vice President or Vice -President (each an "Authorizcd Officer") may execute for and in behalf of thc Company any and all bonds, rccognizances, contracts of indemnity, and all other writings obligatory in thc naturc thereof, and affix thc scal of thc Company thereto; and that thc Authorized Officer may appoint and authorize an Attorncy-in-Fact to execute on behalf of thc Company any and all such instrumcnts and to affix thc Company seal thereto; and that thc Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attomcy-in- Fact. Resolved: That thc Attorncy-in-Fact may be given full power and authority to execute for and in thc namc and on behalf of the Company any and all bonds, rccognizanccs, contracts of indemnity, and all other writings obligatory in thc nature thcreof, and any such instrumcnt executed by any such Attomcy-in-Fact shall be as binding upon the Company as if signed and scaled by an Authorized Officer and, further, thc Attomcy-in-Fact is hcrcby authorized to vcrify any affidavit required to be attached to bonds, rccognizanccs, contracts of indemnity, and all other writings obligatory in thc naturc thcrcof. This power of attomcy is signcd and scalcd by facsimile undcr thc authority of thc following Resolution adoptcd by thc Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on thc twenty-fifth day of September, 2012: Resolved: That the signature of an Authorizcd Officer, thc signature of thc Secretary or the Assistant Secretary, and thc Company seal may be affixed by facsimile to any power of attorney or to any ccrtifieatc relating thcnfo appointing an Attorney -in -Fact for purposes only of executing and scaling any bond, undertaking, recognizance•or other wriucn obligation in the. nature thereof, and any such signature and scal where so used, being hcrcby adopted by thc Company ns thc original signature of such officer and thc original seal of the Company, to be valid and binding upon thc Company with thc same forcc and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has causcd these presents to bc signcd by an Authorized Officcr and thc seal of thc Company to be affixed this eighth day of December, 2014. , ^KIN SGXr ;•0. c'(AP°R 492 = iSEALm _ _r 1986 L-,'- By MINNESOTASTATE OF 6�Wyph 'HENNEPPIN COUNTY\1f' le On this eighth day of December, 2014, before mc personally came Paul J. Brchm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to mc personally known to bc thc individual and officer described in and who executed the preceding instrument, and he acknowledged thc cxccution of thc samc, and being by mc duly swom, that he is thc said officer of the Company aforesaid, and that thc seal affixed to thc prcccding instrument is thc scal of said Company and that thc said scal and thc signature as such officer was duly affixed and subscribed to the said instrument by thc authority and at thc direction of the Company. Paul J. Brehm, Scnior Vice President zr 1.5-(44:C` Notary Public I, thc undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a Ncw York Corporation, do hcrcby certify that thc foregoing power of attomcy is in full force and has not been rcvokcd, and thc resolutions set forth above are now in force. Signed and scalcd. Dotal r day of S u' y 2.017. TARA JANELLE STAFFORD NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2020 110P- 1 f II' 1111111 i • This Power of Attorney expires October 1, 2017 James G. Jordan, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Kentucky } County of Jefferson On July 7, 2017 } before me, Sandra L. Fusinetti, Notary Public {Here insert name and title of the officer) personally appeared Brook T. Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/Iter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. dJ` Notary Public Signature My commission expires 2/13/2020 • (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date INSTRUCTIONS FOR COMPLETING THIS FORM ON This form complies -with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent 10 that state so long as the wording does not require the California notary to violate California notary CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) M Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. lie/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. SUBDIVISION IMPROVEMENTS Tract Map No. 31732 PERFORMANCE BOND Bond Number: 800012086 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. 31732 , 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 VT Palizada LLC, a Delaware limited liabili:, cornpahy hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated A it C- it S T f , 20 17 , and identified as Tract Map No. 31732 , 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 Atlantic Specialty 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 Twenty -Two Thousand Five Hundred and 00/100 DOLLARS ($ 322,500.00 )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 attorneys fees, incurred by City 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 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 July 7 , 20 17. I VTL Palizada LLC a Delaware limited liability company (Seal) Principal Signature of Principal Title of Signatory Atlantic Specialty Insurance Company Surety (Seal) Signature of Surety Brook T. Smith Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Brook T. Smith Contact Person For Surety Skii0 One Beacon INSURANCE GROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, docs hcrcby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomcy-in-Fact, to make, execute, scal and deliver, for and on its behalf as surcty, any and all bonds, recognizances, contracts of indemnity, and al] other writings obligatory in the nature thcrcof; provided that no bond or undertaking executed undcr this authority shall exceed in amount the sum of: sixty million dollars (S60,000,000) and thc execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and scaled with thc Company scal. This Power of Attomcy is madc and executed by authority of the following resolutions adoptcd by the Board of Dircctors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That thc President, any Scnior Vicc President or Vicc-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thcrcof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of thc Company any and al] such instruments and to affix the Company sea] thereto: and that the Authorized Officer may at any time remove any such Attomcy-in-Fact and revoke all power and authority given to any such Attomcy-in- Fact. Resolved: That the Attomcy-in-Fact may bc given full power and authority to execute for and in the name and on behalf of the Company any and all bonds. recognizances, contracts of indemnity. and all other writings obligatory in the nature thcrcof, and any such instrument executed by any such Attomcy-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further. the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances• contracts of indemnity, and all other writings obligatory in the nature thcrcof. This power of attomcy is signcd and scaled by facsimile under the authority of thc following Resolution adopted by thc Board of Dircctors of ATLANTIC SPECIALTY INSURANCE COMPANY on thc twenty-fifth day of Septcmbcr, 2012: Resolved: That the signature of an Authorizcd Officer, the signature of the Secretary or thc Assistant Secretary, and the Company seal may bc affixed by facsimile to any powcr of attomcy or to any certificate relating thereto appointing an Attomcy-in-Fact for purposes only of executing and scaling any bond, undertaking, recognizance or other written obligation in the nature thcrcof, and any such signature and seal where so uscd, being hereby adopted by the Company as thc original signature of such officer and dic original scal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to bc signed by an Authorizcd Officer and the seal of the Company to bc affixed this cighth day of December, 2014. STATE OF MINNESOTA HENNEPIN COUNTY I'vSG,Q4,, lav`pRAORtr .1- 0 -`w GSE:ALE 'n= -u 1986 0 By • fib 4' yb agar Paul J. Brehm, Senior Vicc President rf,11-44- On this cighth day of December, 2014, before mc personally came Paul J. Brchm, Scnior Vicc President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be thc individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of thc same, and bcing by me duly swom, that he is the said officer of the Company aforesaid, and that thc scal affixed to the preceding instrument is the seal of said Company and that the said seal and thc signature as such officer was duly affixed and subscribed to the said instrument by thc authority and at the direction of the Company. TARA JANELLE STAFFORD 4 NOTARYPUBLIC-MINNESOTA ' My Commission Expires January 31. 2020 Notary Public I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby ccrtify that thc foregoing powcr of attorney is in full force and has not been revoked, and the resolutions set forth above arc now in forcc. Signed and sealed. Dated 714' dati o f July ,201 This Powcr of Attorney expires October 1, 2017 James G. Jordan, Assistant Sccrctary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Kentucky } County of Jefferson } On July 7, 2017 before me, Sandra L. Fusinetti, Notary Public (Here insert name and title of the officer) personally appeared Brook T. Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s re/t ey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Notary Public Signature My commission expires 2/13/2020 ♦ i INSTRUCTIONS FOR COMPLETING THIS FORM (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT 0 DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer (Title) O Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 N This form complies with current California statures regarding notary wording and, if needed, should be completed and attached 10 the document. Acknowledgments from other slates may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk, • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. SUBDIVISION IMPROVEMENTS Tract Map No. 31732 46- 'Atti LABOR AND MATERIAL BOND Bond Number: 800012085 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 31732 , 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 VTL Palizada LLC, a Delaware limited liability company 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 P U.&L.,{ cT P , 20 11, and identified as Tract Map No. 31732 , 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 Le Quinta and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Two Million Six Hundred Fcrty-Six Thousand Three Hundred Six and 0n/100 DOLLARS ($ 2.646, 306.00 ), 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 underTitle 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 July 7 , 20 17. VTL Palizada LLC a Delaware limited liability company Principal (Seal) Signature of Principal (Seal) Title of Signatory Atlantic Specialty Insurance Company Surety .,-m.,--./. Signature of Surety Attorney -in -Fact Brook T. Smith Title of Signatory 605 Highway 169 North, Suite 800 Plymouth. MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Brook T. Smith Contact Person For Surety !0 One Beacon INSURANCE GROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, docs hcrcby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attomcy-in-Fact, to make, execute, scal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in thc nature thereof; provided that no bond or undertaking cxccutcd undcr this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and thc execution of such bonds, recognizances, contracts of indcmnity, and all other writings obligatory in thc nature thereof in pursuance of thcsc presents, shall be as binding upon said Company as if they had been fully signcd by an authorized officer of thc Company and scaled with thc Company seal. This Power of Attomcy is madc and cxccutcd by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on thc twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vicc President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all othcr writings obligatory in thc nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix thc Company seal thereto; and that thc Authorizcd Officer may at any time remove any such Attomcy-in-Fact and revoke all power and authority given to any such Attomcy-in- Fact. Resolved: That the Attorney -in -Fact may bc given full power and authority to execute for and in thc name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thcrcof, and any such instrument cxccutcd by any such Attomcy-in-Fact shall be as binding upon the Company as if signed and scaled by an Authorized Officer and, furthcr, the Attorney -in -Fact is hcrcby authorized to verify any affidavit required to bc attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thcrcof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adoptcd by thc Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorizcd Officer, thc signature of the Sccrctary or the Assistant Secretary, and the Company seal may bc affixed by facsimile to any power of attomcy or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and scaling any bond, undertaking, recognizance or othcr written obligation in the nature thereof, and any such signature and seal where so used, beinghereby adopted by thc Company as she original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to bc signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014. STATE OF MINNESOTA HENNEPIN COUNTY Gy icto GQpp[1Rdf:f • • o 0, SEAL i -"— 1986 0 By a 2o- , vot`a-aaei 4., 701.44- Paul J. Brchm, Senior Vicc President On this eighth day of December, 2014, bcforc me personally came Paul J. Brchm, Senior Vicc President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to bc the individual and officer described in and who executed the prcccding instrument, and he acknowledged the execution of thc same, and being by mc duly swom, that he is thc said officer of thc Company aforesaid, and that the seal affixed to thc prcccding instrument is thc seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to thc said instrument by the authority and at the direction of the Company. TARA JANELLE STAFFORD r � � I NOTARYPUBLIC-MINNESOTA My Commission Expires h t ' "`' January 31, 2020 ` Notary Public I, thc undersigned, Assistant Sccrctary of ATLANTIC SPECIALTY INSURANCE COMPANY, a Ncw York Corporation, do hcrcby certify that thc foregoing power of attorney is in full force and has not bccn revoked, and the resolutions sct forth above arc now in force. Signed and scaled. Dated 7 • day of JU t 2.jg, r:* I 1■ 4)7% • 7 This Power of Attomcy expires October 1, 2017 P �P a G�7� Q . LpePGa4, .0 f%• Q SEAL m=. `-° 1986 o Yy}� a* A Yo yh� J i n h�d' James G. Jordan, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Kentucky } County of Jefferson } On July 7, 2017 before me, Sandra L. Fusinetti, Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/ahe/they executed the same in his/lief/their authorized capacity(ies), and that by his/lief/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Brook T. Smith (Here insert name and title of the officer) 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. Notary Public Signature My commission expires 2/13/2020 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT 0 DESCRIPTION OF THE ATTACHED DOCUMENT (Titre or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM N This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/they, is lave ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document with a staple. SUBDIVISION IMPROVEMENTS Tract Map No. x1732 LABOR AND MATERIAL BOND Bond Number: 800012086 KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of La Quinta has approved the final map for Tract No. 31732 , 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 VTL Palizada LLC, A Delaware limited liability company 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 Ak.& u ST / , 20 r' "1 , and identified as Tract Map No. 31732 , 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 Twenty -Two Thousand Five Hundred and 00/100 DOLLARS ($ 322,500.00 ), for materials furnished or Tabor 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 ,l„iy 7 , 20 17. VTL Palizada LLC a Delaware limited liability company Principal (Seal) Signature of Principal (Seal) Title of Signatory Atlantic Specialty Insurance Company Surety Signature of Surety Brook T. Smith Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Brook T. Smith Contact Person For Surety one Beacon INSURANCE GROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minncsota, docs hcrcby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, cach individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surcty, any and al] bonds, rccognizanccs, contracts of indemnity, and all other writings obligatory in thc nature thcrcof; provided that no bond or undertaking executed undcr this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indcmnity, and all other writings obligatory in the nature thcrcof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and scaled with the Company seal. This Power of Attorney is madc and executed by authority of the following resolutions adopted by thc Board of Dircctors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of thc Company any and all bonds, rccognizances, contracts of indemnity, and all other writings obligatory in the nature thcrcof, and affix thc seal of the Company thereto; and that thc Authorized Officer may appoint and authorize an Attomcy-in-Fact to execute on behalf of the Company any and all such instrumcnts and to affix thc Company scat thereto; and that the Authorized Officer may at any time remove any such Attomcy-in-Fact and revoke all power and authority given to any such Attomcy-in- Fact. Resolved: That thc Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indcmnity, and all othcr writings obligatory in the nature thereof, and any such instrument executed by any such Attomcy-in-Fact shall bc as binding upon the Company as if signed and scaled by an Authorizcd Officer and, further, thc Attorney -in -Fact is hcrcby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all othcr writings obligatory in the nature thcrcof. This power of attorney is signed and scaled by facsimile undcr thc authority of thc following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That thc signaturc of an Authorized Officer, thc signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attomcy or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in thc nature thereof, and any such signaturc and seal where so uscd, being hereby adopted by the Company as thc original signature of such officer and thc original seal of the Company, to be valid and binding upon thc Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has causcd thcsc presents to be signed by an Authorizcd Officer and the scal of the Company to bc affixed this eighth day of December, 2014. STATE OF MINNESOTA HENNEPIN COUNTY so. V N3G9''bs =4,44? GORPORirF91-,=s =H SEAL m= 7,- LI 1986 O By Yz NPK, rot`F �: =16r abs: .w...�" Paul J. Brehm, Senior Vicc President On this eighth day of Deccmbcr, 2014, before me personally came Paul J. Brchm, Senior Vicc President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged thc execution of the same, and being by mc duly sworn, that he is the said officer of the Company aforesaid, and that the scal affixed to the preceding instrument is thc seal of said Company and that thc said seal and thc signaturc as such officer was duly affixed and subscribed to thc said instrument by thc authority and at the direction of the Company. TARA JANELLE STAFFORD =k_ = NOTARYPUBLIC-MINNESOTA My Commission Expires January 31, 2020 I Notary Public I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a Ncw York Corporation, do hcrcby certify that thc foregoing power of attomcy is in full force and has not been revoked, and the resolutions set forth above arc now in force. Signcd and scaled. Dated 7h day of J 11�. t 1 '1' r; t' '�s 2 This Power of Attomcy expires October 1, 2017 Jamcs G. Jordan, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Kentucky } County of Jefferson } On July 7, 2017 before me, Sandra L. Fusinetti, Notary Public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/I e11the+F authorized capacity(ies, and that by his/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Brook T. Smith (Here insert name and title of the officer) 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. Q,rt,d%ta Notary Public Signature My commission expires 2/13/2020 • (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer E (Title) Partner(s) Attorney -in -Fact Trustee(s) Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, shou/d be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. SUBDIVISION IMPROVEMENTS Tract Map No. 31732 PERFORMANCE BOND- ON-SITE Bond Number: 800012087 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. 31732 , 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 VTL Palizada LLC, a Delaware limited liability company hereinafter designated as ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 1� I.4 & ILS T d , 20 ) 1, and identified as Tract Map No. 31732 , 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 Atlantic Specialty Insurance Company , as surety, are held and firmly bound unto the City of La Quinta hereinafter called ("City"), in the penal sum of Seven Million Three Hundred E:ghry-Two Thousand Seven Hundred Ninety -Seven and 00/100DOLLARS ($ 7,382,797.00 ) 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 any judgment 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 July 7 , 20 17. (Seal) (Seal) VTL Palizada LLC a Delaware limited liability company Principal Signature of Principal Title of Signatory Atlantic Specialty Insurance Company Surety Signature of Surety Brook T. Smith Attorney -in -Fact Title of Signatory 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Address of Surety (952) 852-2431 Phone # of Surety Brook T. Smith Contact Person For Surety r One Beacon INSURANCEGROUP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth. Minnesota, docs hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in thc nature thcrcof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and scaled with thc Company seal. This Powcr of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vicc-Prrsidcnt (each an "Authorized Officer') may execute far and in behalf of the Company any and all bonds. recognizattces, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Off icer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix rite Company seal thereto: and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke al] power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in thc name and an behalf of the Company any and all bonds, rccognizances, contracts of indemnity, and :ill other writings obligatory in the nature thereof, and any such instrument executed by any such Attorneyin-Fact shall be as binding upon the Company as if signcd and sealed by an Authorized Officer and, further, the Attomcy-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, rccognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This powcr of attorney is signed and scaled by facsimile undcr the authority of the following Resolution adopted by thc Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on thc twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary. and the Company seal may bc affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and scaling any bond, undertaking. recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal oldie Company, to be valid and binding upon the Company with the saanc force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has causcd these presents to bc signcd by an Authorizcd Officer and the scal of the Company to be affixed this eighth day of December, 2014. ,, 01 INS& ya P R4 SEA!:Fgrt1 ,; 1986 0i By STATE OF MINNESOTA HENNEPIN COUNTY %,•••41•• :. On this eighth day of December, 2014, before me personally came Paul J. Brchm, Scnior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be thc individual and officer described in and who executed the prcccding instrument, and hc acknowledged thc execution of the same, and being by mc duly sworn, that hc is thc said officer of the Company aforesaid, and that the seal affixed to thc prcccding instrument is the seal of said Company and that thc said scal and thc signature as such officer was duly affixed and subscribed to thc said instrument by the authority and at the direction of the Company. ("444 -- Paul J. Brehm, Senior Vice President TARA JANELLE STAFFORD NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2020 rT-r r-r=r Notary Public I, thc undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hcrcby ccrtify that the foregoing powcr of attorney is in full force and has not bccn revoked, and the resolutions sct forth above arc now in force. Signed and scaled. Dated l' day of 4.1J i 4 ,2&a. This Powcr of Attorney expires October 1, 2017 i s t ikPORAt.6. '• N SEAL =' 1986 r syr 4.6wrOOL James G. Jordan, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Kentucky } County of Jefferson } On July 7, 2017 before me, Sandra L. Fusinetti, Notary Public (Here Insect name and title at the officer} personally appeared who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sire/thy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Brook T. Smith 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. Notary Public Signature My commission expires 2/13/2020 • (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer C3� (Title) • Partner(s) Attorney -in -Fact • Trustee(s) 0 Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This farm complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ate) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. MEMORANDUM Date: January 28, 2021 To: Monika Radeva, City Clerk Via: Bryan McKinney, P.E., Public Works Director / City Engineer From: Amy Yu, Associate Engineer Re: Palizada, TM 31732 and 31733, Dust Control Bond Please release the following dust control bond held in your files for the above referenced project. Site has been revegetated and new dust control bond will be required prior to any land disturbance. The amounts and addresses to the developer and the surety company are as follows: Developer: Peggy Salzer VTL Palizada LLC 1350 17th St., Suite 350 Denver, CO 80202 Surety: Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Attn: Brook Smith If you have any questions, please contact me at extension 7047. Thank You. Bond Number Performance Security 800012088 $121,500 Digitally signed by Bryan McKinney DN: cn=Bryan McKinney, o, ou, email=bmckinney@laquintaca.g ov, c=US Date: 2021.02.01 11:15:58 -08'00' taQaNfra -- I 11 IFUH\14 - February 16, 2021 Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Attention: Brook Smith RE: TRACT MAP 31732 VTL PALIZADA, LLC RELEASE OF FAITHFUL PERFORMANCE BOND NO. 800012088 FOR FUGITIVE DUST CONTROL IN THE AMOUNT OF $121,S00 Dear Mr. Smith, Per authorization of the City of La Quinta Public Works Department, the City Clerk's Office hereby releases Faith Performance Bond No. 800012088 in the amount of $121,500 for Fugitive Dust Control. Enclosed for your reference is a copy of the released bond. The original bond was mailed to the developer, VTL Palizada, LLC., on 02/16/2021. Please do not hesitate to contact me should you have any questions. Sincerely, v r Monika Radeva, City Clerk Email: MRadeva@LaQuintaCA.gov Tel: (760) 777 - 7035 78495 Calle Tampico I La Quinfa, California 92253 Atlantic 605 Highway Plymouth, MN (&444QU&M 78-495 CALLC TAMPICO LA QUINTA, CA 92253 Specialty Insurance 169 North, Suite 800 55441 ZIP 92253 C)411,-4i1d5�72_fU --i February 16, 2021 Peggy Salzer VTL Palizada LLC 1350 17th Street, Suite 350 Denver, Colorado 80202 RE: TRACT MAP 31732 VTL PALIZADA, LLC RELEASE OF FAITHFUL PERFORMANCE BOND NO. 800012088 FOR FUGITIVE DUST CONTROL IN THE AMOUNT OF $121,500 Dear Ms. Salzer, Per authorization of the City of La Quinta Public Works Department, the City Clerk’s Office hereby releases Faith Performance Bond No. 800012088 in the amount of $121,500 for Fugitive Dust Control. Please do not hesitate to contact me should you have any questions. Sincerely, Monika Radeva, City Clerk Email: MRadeva@LaQuintaCA.gov Tel: (760) 777 - 7035 ta aw�tra -IILII 11X\IA - City of La Quinta 78495 Calle Tampico La Quinta CA 92253 PEGGY SALZER VTL PALIZADA LLC STE 350 1350 17TH ST DENVER CO 80202-1925 USPS CERTIFIED MAIL 11111 mill 11111111111 viliffi IIII 11 11151"ll 1111 1111111II 9214 8901 8804 0800 0333 18 NEOPOST FIPST-Cl ASS MAIL 02J1612anal ��' $006.550 ZIP 92253 t 041M11ar;ggnR RELEASED 31733 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Bond Number: 800012088 Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize VTL Ralfzada LLC, a Delaware I meted nalslhty companN 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 VrL Pah-i da I LC. e DeIaware limited liability comoarry ; 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 PM10 emissions; and WHEREAS, said Principal is required to ensure that Fugitive Dust Control Permit # 31732 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. Atlantic Specialty NOW therefore, we the Principal and Insurance Comoanv as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of One Hundred Twenty -One Thousand Five Hundred and 00/100-------------------------------------------- Dollars ($12i.5oo,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 T Drive/Checklists — Forms & Applications/Standard Dust Control Bond Form Fugitive Dust Control Bond Fugitive Dust Control Permit # 31732 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on July 7 2017 . VTL Palizada LLC a Delaware limited liability company Principal (Seal) Signature of Principal Title of Signatory Atlantic Specialty Insurance Company Surety, (Seal) 11.1 -- Signature of Surety Brook T. Smith Attorney -in -Fact Title of Signatory hway 169 North, Suite 800 _Pfymouth. MN 55411 Address of Surety 952 852-2431 Phone # of Surety Brook T. Smith Contact Person for Surety T Drive/Checklists — Forms d ApplicationslStandard Dust Control Bond Form �f ly One Beacon N -i U 4 n N C E G R O U P Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S. Neichter, Michele D. Lacrosse, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, scat and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indcmnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indcmnity, and all other writings obligatory in the nature thereof in pursuance of these presents• shall be as binding upon said Comp ny as if they had been fully signed by an authorm.d officer of the Company and scaled with the Company scat. This Potver of Attomcy is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved That the President, any Senior Vice Pre%ident or Vice -President (each an "Authorised Officer') may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of dic Company thereto: and that the Authorized Officer may appoint and authonze an Attorney -in -Fact to execute on behalf of die Company any and all such instruments and to affix the Company sent thereto; and that the Authorized Officer may at any time remote any such Attomcy-m-Fact and revoke all power and authority given to any such Attorney-m- Fact Resolved: That the Anorncy-in•Fact may be given full power and authority to execute for and in the name and on bchalf of the Company any and all bonds, recognizanccs, contracts of indemnity, and all other wnnngs obligatory in the nature thereof, and any such instrument executed by any such Attomcy-in-Fact shall be as binding upon the Company as if signcd and scaled by an Authorized Officer and, further, the Attomcy-in-Fact is hereby authorized to venfy any affidavit required to be attached to bonds, recognizances, contracts of indeninity, and all other writing; obligatory in the nature thereof This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer. the signature. ofthe Secretary or the Assistant Secretary, and the Company scat may be affixed by facsimile to any power of attomey or to any certificate rctanng thereto appointing an Attomcy-in-Fact for purposes only of executing and scaling any bond, undertaking, recognmance or other written obligation in the nature thereof, and any such signature and scat whereso used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014. t •rNs`q,"'r't rQG `SEA{lF1n= sy SEAL ^' 1986 o f//^ By STATE OF MINNESOTA ,. k VFW roP� jeep' HENNEPIN COUNTY ``qwb * r Paul J. Brehm, Senior Vice President On this eighth day of December, 2014, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the scat affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. TARA JANELLE STAFFORD NOTARY PUBLIC • MlNWSOTA My Commssion Expires January 31, 2020 ELI � ,lY�! I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attomcy is in full force and has not been revoked, and die resolutions set forth above arc now in force. Signed and scaled- Dated 7t-h day of JJ lit _, _EZ. a4 0jkPOR4, v� =% SEAL m; This Power of Attomcy expires U 1986 0 October 1, 2017 S2L aF W apt a� >�b J Fsa+, • James G. Jordan, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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, j and not the truthfulness, accuracy, or validity of that document. State of Kentucky County of Jefferson On Jury 7, 2017 before me, Sandra L. Fusinetti, Notary Public (Hem insert narne and fitfe of 997W,7er personally appeared Brook T. Smith who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s-te/tom executed the same in his/htef/ttteir authorized capacity(iss.), and that by his/her/thek signature(s) on the instrument the person(, or the entity upon behalf of which the person(&) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _)aml15�1 ►t Notary Public Signature (Notary Public Seal) My commission expires 2/13/2020 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for docranents being sent to that stare so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i e he/she/ is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ® Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e CEO, CFO, Secretary) 2015 Version www.NotaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple ,j "be DFt ERT — August 4, 2017 Scott Hansen KB Home Coastal, Inc. 36310 Inland Valley Drive Wildomar, CA 92595 Re: Tract Map 31732 and 31733 Per authorization from the Public Works Department, the City Clerk's office hereby releases the following bonds: TRACT No. 31732 and 31733 Bond No. Performance Bond Amount Labor & Materials Bond Amount 024023120 (PM-10) $121,500 024023155 (Grading) $488,210 08844998 (TM 31732) $6,135,905 $6,083,105 6311175 (TM 31732) $2,156,477 $2,156,477 P08844999 (TM 31733) $5,745,194 $5,692,394 6311176 (TM 31733) $2,036,656 $2,036,656 If you have any questions, please call me at (760) 777-7103. Sincerely, G�� � ( —� Pam Nieto Deputy City Clerk c: Frank Spevacek, City Manager Fidelity and Deposit Company of Maryland Safeco Insurance Company of America Liberty Mutual Insurance Company File 78-495 Calle Tampico La Quinta, CA 92253 760.777.7000 ta Qaixtev MEMORANDUM To: Susan Maysels, City Clerk From: Amy Yu, Associate Engineer Via: Bryan McKinney, P.E., Interim City Engineer Date: July.26, 2017 Subject: Release of Securities for Tract Map No. 31732 and 31733, Bellosera Please release the following Performance and Labor & Materials securities held in your files for the above referenced tract. The new developer, VTL Palizada, LLC has submitted new securities with the Assignment and Assumption Agreements. The security amounts and the addresses to the developer and Surety Companies are as follows: TRACT No. 31732 and 31733 Bond No. Performance Bond Amount Labor & Materials Bond Amount 024023120 (PM-10) $121,500 024023155 (Grading) $488,210 08844998 (TM 31732) $6,135,905 $6,083,105 6311175 (TM 31732) $2,156,477 $2,156,477 08844999 (TM 31733) $5,745,194 $5,692,394 6311176 (TM 31733) $2,036,656 $2,036,656 Developer: Mr. Scott Hansen KB Home Coastal, Inc. 36310 Inland Valley Drive Wildomar, CA 92595 Surety Company: Fidelity and Deposit Company of Maryland 1299 Zurich Way Schaumburg, IL 60196 Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 Liberty Mutual Insurance Company 175 Berkeley St Boston, MA 02116 Cc: Project File I, Tract Map No. 31732 and 31733