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HomeMy WebLinkAboutPM 2004-26 - Cashier Memo - 10/23/2006 City of FROV1,619twoz. MEMORANDU DATE: August 2, 2006 TO: Rose Saldivar Public Works Department FROM: FRANK SABURIT Planning & Development Department, Building and Safety Services Division SUBJECT: SUBMITTAL OF SECURITIES FOR PARCEL MAP NO. 2004-26. ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR PARCEL MAP NO. 2004-26. 1. Performance Bond in the amount of$5,700.00 2. Payment Bond in the amount of$3,000.00 3. Check#3739 (5% security, Exhibit A) in the amount of$300.00 4. Copy of the Subdivision Agreement for Parcel Map No. 2004-26. The total charges are more particularly itemized in Exhibit "A"and Exhibit"B" of the Subdivision Agreement. Should you have any questions, please contact me at 621-8077. Thank You, Frank Saburit i o O m O O O N a v O � v 8 9+! (ONb F 4 M ro , d EIM IL :, opo z� 0 z z H d 4 , Nr .moi N W W 10 W F 25 z z a �f Ho � Q v� HwU) w zouzou K � � > � > +�,�� � � aaaa c � pQ pQ pQ Q Q pQ o -Al33333 �+,� a a a a a a 'A i d cz O � H O G C m m a p, �.. w ,W o m C ' w 3 : 3 3 H W o 0 w U ata � o t ��� 888888 N N N N N N Oco co CL co 0 CD En ~ Z O N W O O N p N N �, 2 p O m O '» O CL m 9 NN O, N N O, C,Me. 0 0 0 0 0 0 v v C OA•,„ N N N b fn m 0FA _ C N k C p ° m p1 C O O O O O O M N N 0 0 0 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 Performance Bond Deposited At: Insurance Company of the West Certificate/Acct. No: 2171903 Deposit Amount: $5,700.00 Maturity Date: Depositor: Name: Doug Oliver Address: 5662 N. McCall Clovis, CA 93611 Street City/State Zip Job Address: PM2004-26 Received By: Rose Saldivar, Public Works Engineering Date: 8/2/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip i Ai C-E.t SE I LY ., Name Date, R�le�ased.�:�• Nemar Date, of F + $se meUed ttanrt t it�rered Date Date.= Fiwtl ±e reaof,tf + ° bover,ref-a instrmen# Siig,gatUre: Cath CbrpMentsw Bond No.: 2171903 Prffdun: $143.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, he C�C�ouncil of the City of Fresno, State of California, and ("principal') 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.2004-26 , 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 IrSlraxn C T9Y of the est as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of F`i_v.2.xbLgaLd S Yffi Rj3 jMd aryi fib,j=— dollars ($9-7.M-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 harmiess 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 my executed by the principal and surety above named, on Februaxy 23 Z Principal: DougO71vec By. ` (Princi Surety: CdTalY of TAbA By:_ (Surety) Ir�: Justin Sdt TOTAL P.03 r STATE OF California COUNTY OF Fresno On Z 21 06 ,before me, Roberta Voss, Notary Public (here in ert n me and title of the officer),personally appeared Justin Smit 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 acknowledged to me that he/shellhey executed the same in his/herftheir 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. WITNESS my hand and official seal. ROBERTA VOSS Signatur (SEAL) COMM. #1632287 C@,My NOTARY PUBLIC.CALIFORNIAFRESNO COUNTY Comm.Expires Jan.19,2010 This area for Oficial Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT 1 t No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,. Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005. E'orrwr_ � u ��\ �e9J �O vG INSURANCE COMPANY OF THE WEST �a��rp�rouoa° ��e nit �s 4- EXPLORER INSURANCE COMPANY o SEAL 9 f INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego ss. On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MANM FAFAUL 9MMi. #1471= Francis Fafaul,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the.President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance.Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 73 day of '�l/h w Z $, �l Jeffrey D.Sweeney,Assistant Secretary ✓ To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask forthe Surety Division. Please refer to the Power of Attorney Number; the above named individual(s)and details of the bond to which the•.power is attached. For information orfiling claims,please contact Surety Claims,ICW Group,, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. 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: Insurance Company of the West Certificate/Acct. No: 2171903 Deposit Amount: $3,000.00 Maturity Date: Depositor: Name: Doug Oliver Address: 5662 N. McCall Clovis, CA 93611 Street City/State Zip Job Address: PM2004-26 Received By: Rose Saldivar, Public Works Engineering Date: 8/2/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FtNANCE,.IJS t N�lF., 4: Nan Date. Nam . Dilde, Type Reba®se:: ,t�nat4e,d �tanaa�uwet Date date. l'w,knE edbp-:recei cif the=m aYE `refereed lhst!`umerxt tune!. Lie# f Q17'1mentbii I Li.l.GJ--e-VUO LU-1G rKCOIYu m-miY-LCV :7J74001CIGYJ f,GG Bond No.:_ 2171903 SUBDMSION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Doug Oliver (`principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for Parcel Map No. 20+-26 , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City'3 to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Tngmancn ampaog of t}w TJUct , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Clvil Code in t�e^ n1_of Th__rr_ e 'Ti-v,icard arri 1',h/lm= __doNars ($ , UJJ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on Folmar 21 2006 Principal: Oliver By: (Princip Surety: 3su=ne CaTaW of tm Tbi By, (Surety) At Irr-Fact: Jist7n qdt STATE OF California COUNTYOF Fresno On Z3 OV ,before me, Roberta Voss, Notary Public (here insert name and title of the officer),personally appeared Justin Smit 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 acknowledged to me that he/she/they executed the same in hisihedtheir authorized capacity(ies), and that by his/hedtheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. ROBERTA VOSS Signature �� (SEAL) COMM.#1532287 —{ NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Expires Jan.19,2010 This area for Official Notarial Seal 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005. ��a%Mr., t3URA �9v" 4A, °o INSURANCE COMPANY OF THE WEST -l- EXPLORER INSURANCE COMPANY S nSEAL r > K INDEPENDENCE CASUALTY AND SURETY e ��:r�� COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California } County of San Diego ss. On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NO r4 ICAC m- -MR. Francis Fafaul,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing,typing, or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the. respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this L, day of V k✓ to Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call -800-877-1111 and ask for the Surety Division: Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached For information or ftling.claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.