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HomeMy WebLinkAboutPM 2004-14 - Cashier Memo - 1/9/2009 City ofM M 9 MEMORANDUM rno.W*,p, PLANNING&DEVELOPMENT DEPARTMENT- PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721 DATE: October 2, 2008 ,• � ���� TO: ROSE SALDIVAR OCT 2 7 Public Works Department Plan rlirr9Mvisiort FROM: JONATHAN BARTEL '101** &DeveloNQ merltDe^t � Planning & Development Department 07'lOFFA�S SUBJECT: SUBMITTAL OF FEE PAYMENT FOR PARCEL MAP NO. 2004-14 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$31,400.00 2. Payment Bond in the amount of$16,500.00 3. Check in the amount of$1,700.00 (J.P. Morgan Chase No. 03046135) 4. Check in the amount of$67,252.52 (J.P. Morgan Chase No. 03046134) 5. Check in the amount of$200.00 (J.P. Morgan Chase No. 03048427) 6. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. 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No: CMS245565 Deposit Amount: $31 ,400.00 Maturity Date: Depositor: Name: Suburban Propane, L.P. Address: 240 Route 10 West Whippany, NJ 07981-0206 Street City/State Zip Job Address: PM2004-14 Received By: Rose Saldivar, Public Works Engineering Date: 10/3/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By: Name r Date_ Released By Type of Refs , ac ettf Date n; I acknowledge receipt of the above referenced instrument Signature: Date Comments: Bond No.: CMS245565 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Suburban Propane, L.P. Cprinclpal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for Parcel Map No.6tco�j- 14 is hereby referred to and made a part hereof; and Whereas, 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 RLI Insurance Company as surety, are held and firmly bound unto the City of Fresno ("City"), In the penal sum of / Thirty-One Thousand Four Hundred and 00/100dollars ($3j,400.00 ) 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 City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain In full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, Including reasonable attorney's fees, Incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall In 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 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 August 5 ' . 2008 P a : U RAN PROPANE; L.P. By: '> (Prnei al) Surety: RLI INSURANCE COMPANY _ By:azQx jS, .�\�, D, (Surety VOLMAR, ATTORNEY-IN-r ACT Bond No.: CMS245565 State of Tennessee ) County of Knox ) I certify that I know or have satisfactory evidence that Mary Y. Volmar, signed this document; on oath stated that she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of California for the purposes mentioned in this document. Dated on: August 5, 2008 r T M ► (CM4, Ck Signature of N ar Nancy J. Conrad My Commission Expires: November 8, 2008 �GY J. CO ' STArE ��, No T ��'�) D SS - '� uIV0e�GY E 2 oou�� RL1® RLI Surety POWER OF ATTORNEY P.O.Box 3967 1 Peoria,IL 61612-3967 Phone:(800)645-2402 1 Fax:(309)683-1610 RLI Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation, does hereby make,constitute and appoint: Donald Wake,Debra E.Clark-Kinkead,Joseph R. Poplawski,Tara W.Mealer,Mary Y.Volmar,jointly or severally. in the City of Knoxville . State of Tennessee its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 6th day of November 2007 RLI Insurance Company �JPp.NCE CD'a GOO BY:-'- S By: - Roy C.Di _,) Vice President State of Illinois } SS County of Peoria J CERTIFICATE On this 6th day of November 2007 ,before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C. Die who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have here t%set my hand and the seal QQ RLI Insurance Company this�th day of August G _ Owla By: 608 Cherie L.Montgomery Notary Public RLI Insurance Company "OFFICIAL SEAL" CHERIE L MONTGOMERY By: COMMISSION ERPIRES 02/M/GB Roy C.Di Vice President 4133274020208 A0058707 Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Improvement Payment Bond Deposited At: RLI Insurance Company Certificate/Acct. No: CMS245565 Deposit Amount: $16,500.00 Maturity Date: Depositor: Name: Suburban Propane, L.P. Address: 240 Route 10 West Whippany, NJ 07981-0206 Street City/State Zip Job Address: PM2004-14 Received By: Rose Saldivar, Public Works Engineering Date: 10/3/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted Bya __ m:.: Narc�e �y �. :; .._ � „.�r_.v...m, ., ... Date Released By:_ Naive Date Type of Release: maued Hand Dei}vered I a n; ,ef �' �- pe.. e Signature: �_.._...__. _ Dates Comments: Bond No.: CMS245566 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Suburban Propane, L.P. ("principal") have entered or will be entering Into an agreement whereby the principal agrees to Install and complete certain designated public Improvements, which agreement, identified as Subdivision Agreement for Parcel Map No.aC0L1- 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 Fresno("City") 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 RLI Insurance Company _ as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed In the performance of the agreement and referred to in Tide 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Sixteen Thousand Five Hundred and 00/100**************dollars ($16,500.067 ), for materials furnished or labor thereon of any Jcind, 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 Divislon 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 wltness whereof, this Instrument has been duly executed by the principal and surety above named, on August 5 20 08 . Pri t`1R AN ROPANE, L.P. By: ,� 1 (P` pal) •P Surety: RLI INSURANCE COMPANY By: �-% (Surety)l MA VOLMAR, ATTORNEY-IN--FACT Bond No.: CMS245566 State of Tennessee ) County of Knox ) I certify that I know or have satisfactory evidence that Mary Y. Volmar, signed this document; on oath stated that she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of California for the purposes mentioned in this document. Dated on: August 5, 2008 f l Signature of Notky,Uk4ancy J. Conrad My Commission E vember 8 2008 STAT�, G T OF At ® RLI Surety POWER OF ATTORNEY RLI P.O.Box 3967 1 Peoria,IL 61612-3967 Phone:(800)645-2402 1 Fax:(309)683-1610 RLI Insurance Company Know All Men by These Presents. That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation, does hereby make,constitute and appoint: Donald Wake,Debra E. Clark-Kinkead,Joseph R.Poplawski,Tara W. Mealer,Mary Y.Volmar,jointly or severally. in the City of Knoxville , State of Tennessee its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 6th day of November 2007 RLI Insurance Company �OpAPOR.4T�.T1 By: -M - Roy C.Di Vice President State of Illinois SS County of Peoria ) CERTIFICATE On this 6th day of November 2007 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C. Die who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company By: ugust this 5th day of A 2008 Cherie L.Montgomery Notary Public RLI Insurance Company "OFFICIAL SEAL" p CHER�E L.MONTGOMERY By: ^q's COMMLON E%PIR ES02/02M Roy C.Di Vice President 4/33274020208 A0058707 Company Profile Page 1 of 2 Company profile RLI INSURANCE .COMPANY 9025 N LINDBERGH DR PEORIA, IL 61615 800-331-4929 Former Names for Company Old Name: UNITED FOUNDERS NAT'L INS CO Effective Date: 10-19-1973 Agent for Service of Process LISA SIRMAN, 801 S. FIGUEROA STREET SUITE 200 LOS ANGELES, CA 90017 Unable to Locate the_A Tent for Service of Process? Reference Information NAIC #: 13056 NAIC Group #: _0.7_8.3 California Company ID #: 2027-1 Date authorized in California: December 09, 1970 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the t;_lossa�. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get co proVp EID=5765 8/14/2008 Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information Com-any Enforcement Action.Documents CQ Performance.&Coin arison_Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Q[g nizations Last Revised-June 27,2008 09:13 AM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get_co proDp_EID=5765 8/14/2008