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35060 WL Homes & Salammbo OBR & Released BondsOUTSTANDING BOND REPORT Tract Number: 35060 Development: CANYON RIDGE Developer/Owner: WL HOMES, LLC & SALAMMBO, LLC Bond Company: The Ohio Casualty Insurance Company PO Box 34526 Seattle, WA 98154 Outstanding / Released Bonds: Bond Type Bond No. Amount: Date Replaced or Released Fugitive Dust Control (PM 10) 5025396 $42,450 Released 10/05/2018 Fugitive Dust LOC# 3085807 $14 150 City Calling on Bond Control (PM 10) 08/06/2009 Grading 5026527 $544,820 Grading 5024791 $541,580 Restoration 5026569 $9,360 Fugitive Dust 381292S $42,000 Control (PM 10) %1IFORNi MEMORANDUM Date: September 25, 2018 To: Monika Radeva, City Clerk From: Amy Yu, Associate Engineer ` Via: Bryan McKinney, City Engireer� Re: Replacement of Dust Control Bond for Tract Map 35060, Canyon Ridge 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. 35060 Type of Bond TBond No. Performance Amount Dust Control 1 5025396 $42,450 , Please retain the following attached performance security: Tract Map No. 35060 Type of Bond Bond No. Performance Amount Dust Control 381292S $42,000 Previous Developer: Gary Elmer 600 B St., Suite 300 San Diego, CA 92101 Surety Company: Bond Safeguard Insurance Company (5025396) 12890 Lebanon Road Mount Juliet, TN 37122 Surety Company: Indemnity Company of California (381292S) 17771 Cowen #100 Irvine, CA 92614 Attn: Jerry Schumacher (949)263-3300 Project File I, Tract Map No. 35060 ta 0"fra -- CALIFORNIA October 4, 2018 Gary Elmer 600 B St., Suite 300 San Diego, CA 92101 Re: Tract Map 35060 - Canyon Ridge Dear Mr. Elmer: The City Clerk's Office hereby releases Dust Control Bond No. 5025396, issued by Bond Safeguard Insurance Company in the amount of $42,450, as authorized by the City's Design and Development Department. Please contact me with any questions at (760) 777-7035. Sincerely, Monika Radeva City Clerk c: Brian McKinney, City Engineer Bond Safeguard Insurance Co. Indemnity Company of California File BOND NUMBER: 5025396 PREMIUM: $318.00 FAITHFUL PERFORMANCE BOND (LQMC 6.16) Fugitive Dust Control Bond WHEREAS, the City of La Quinta, California, is prepared to authorize WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY , as Principal, to proceed with certain construction activities pursuant to one, or more permits issued by the City, for various infrastructure improvements and/or structures on, or associated with, privately -owned property generally known to the City and others as CANYON ;2;DGE - TRM #35060 ;and WHEREAS, all such construction and demolition activities must be performed in such manner as to conform with La Quinta Municipal Code, Chaper 6.16, entitled Fugitive Dust Control to reduce fugitive dust and corresponding PM10 emissions; and WHEREAS, said Principal is required by LQMC 6.16.050(A)(4) to ensure that Fugitive Dust Contra! # 5191 prepared specifically for the subject construction site, is financially secure by furnishing security for the faithful performance of the dust control activitities required in the Fugitive Dust Mitigation Plan., NOW, therefore, we the Principal and BOND SAFEGUARD INSURANCE COMPANY as Surety, are held and firmly bound unto the City of La Quinta, as Obligee, in the penal sum of FORTY-TWO THOUSAND FOUR HUNDRED FIFTY & NO/100--- Dollars ($ 42,450.00--- ) 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 obligaton secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the dust control plan or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extencion of time, alteration or addition to the tumis 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 # 5191 Page 2 of 2 In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on N104Y12 13 2006. WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY PrinciVic, (Seal) 7p Si tune of P�,;n ipal VP 94 OPP. CQ�16 Title of Signatory BOND SAFEGUARD INSURANCE C0 NY Surety � �' ril F (Seal) Signature o Surety D.J. PICARD, ATTORNEY -IN -FACT Title of Signatory 1919 S. HIGHLAND AVENUE, BLDG A, SUITE 300 LOMBARD, IL 60148 Address of Surety 630-495-9380 Phone # of Surety DAN PICARD Contact Person For Surety F211 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of OVdndc On NoVCM1PCY 13, 2041e beforeme,^L. Sahn arti 4y_y a PL461c c halo Name and Title of cer I� ( g , "Jane Doe, Notary Public) personally appeared Ra)gi n Koetn c a Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personH whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/befAi& authorized capacity#e&), and that by his/krerftHe r signature(&) on the instrument the personka), or the entity upon behalf of which the person(.@) acted, executed the instrument. WITNESS my hand and official seal. 'SicMapo of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb horo ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing; 1999 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotaryorg Prod No 5907 Reorder: Call Toll -Free 1-600-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On NOVEMBER 13, 2006 DATE before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME, TITLE OF OFFICER - E-G.,'JANE DOE, NOTARY PUBLIC" personally appeared D.J. PICARD NAME(S) OF SIGNER(S) IN personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized CYNTHIAS.WNOZNEY capacity(ies), and that by his/her/their COMM, #S`670733 rT signature(s) on the instrument the person(s), NotaryPubliC-California or the entity upon behalf of which the ma.,ORANGE COUNTY persons) acted, executed the instrument. mycomm.Exp-June25,2010 WITNESS my hand and official seal. r /Z SIGNA REDS TARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWMY(IES) BOND SAFEGUARD INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT DUST CONTROL BOND 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES NOVE_MBER 13, 2006 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY AO 24351 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard, Todd M. Rohm, Sejal P. Lange, ********** Cathy S. Kennedy, Beata A. Sensi, Cynthia S. Wozney**************************************** its true and lawful Attorney(s)- I n- Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 3,000,000.00 Three million dollars r•Rtttf tt RR RR RRRRRt RRRRkRRttRRR RRR RRRRRRRRRtRtRRRtt••tttttfttt ....e.r...=x.r..,:trrx.a...-rs�rrriist�.+rw-e+:r.:►:ew*..,...*ewwrrr.w�wirt+kv.w++wrr�.wsrrr.rwwx..r.t.,:w.....a-:..c.,.x.x. r+......�............... which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. ��,p lNSiIA ��o o � BOND SAFEGUARD INSURANCE COMPANY _o O AN Z ILLINOIS a m0 INSURANCE COMPANY BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" LYDIA J. DEJONG Notary Public, State of Illinois My Commission Expires 1/12/07 -- /. 4j�� Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 13TH Day of NOVEMBER _ 20 06 G0�O INSUqe AN Z ILLINOIS 7 m INSURANCE Donald D. Buchanan COMPANY Secretary