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HomeMy WebLinkAboutPM 2004-36 - Cashier Memo - 9/14/2010 City of MEMORANDUM PLANNING&DEVELOPMENT DEPARTMENT-PLANNING DIVISION •2600 FRESNO STREET-FRESNO,CA 93721 DATE: April 23, 2008 TO: ROSE SALDIVAR Public Works Department FROM: PATRICIA DIEP Planning & Development Department SUBJECT: SUBMITTAL OF FEE PAYMENT FOR PARCEL MAP No. 2004-36 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Copy of the Exhibit B 2. Check in the amount of$433,966.76 (Premier Valley Bank No. 1167) 3. Letter from Fancher Creek Properties, LLC (dated April 18, 2008) If you have any questions, please contact me at 621-8072. Thank you, Patricia Diep / I FANCHER CREEK PROPERTIES,LLC BUSINESS PARK Fresno, CA 93747-7967 1167 ACCOUNT NO VENDORCIT000 CITY OF FRESNO CHECKNO. 001167 VOUCHER INVOICE NUMBER INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN 2101 012308 1 23 08 433 , 966 . 76 433 , 966 . 76 - 00 CHECK TOTAL 433 966 . 76 IF PREMIER VALLEY BANK 1 167 FANCHER CREEK PROPERTIES, LLC 8355 N.Fresno Street,Suite leo BUSINESS PARK Fresno, CA 93720 P.O.BOX 7967 FRESNO, CA 93747-7967 90-4327/1211 (559)268-6090 CHECK NO. CHECK DATE VENDOR NO. 4 1/24/08 CIT000 PAY FOUR HUNDRED THIRTY-THREE THOUSAND NINE*********** HUNDRED SIXTY-SIX AND 76/100 DOLLARS************** CHECK AMOUNT $******433 , 966 . 76 TO THE CITY OF FRESNO '.= ORDER of 2600 FRESNO ST . 1 FRESNO CA 93721 ,`/` rrr PQM C�90 tiF� II.00LL6711' �: L2LL43273�: OL030L860211■ FANCHER CREEK PROPERTIES, LLC 855 M Street, Suite 1110 Fresno, CA 93721 559.268.6090 or 559.268.6030 Fax April 18, 2008 Garth Gaddy, Provisional Water System Manager AF City of Fresno Water Division planning DV61on 1910 E. University Avenue plartnirg & 0,?,.[. n ment Dept Fresno, CA 93703 Dear Mr. Gaddy, We are the owners and developers of Parcel Map No. 2004-36, a commercial project near Belmont and Fowler Avenues. Our subdivision agreement with the City of Fresno for Parcel Map 2004-36 is ready to record upon resolution of an outstanding right-of-way issue, which we are hoping to have resolved within the next few weeks. On January 25, 2008,we deposited a check in the amount of four hundred thirty-three thousand nine hundred sixty-six dollars and seventy-six cents($433,966.76)with the City for all of our fees associated with this project, including payment for water service installations and deposits for time and materials work to be performed by the Water Division. In order to complete your work during the limited street closure period permitted by City, County and State agencies, the Water Division has performed most of the service work required prior to pending street reconstruction. Our deposit check,referenced above, has not yet been cashiered by the City, preventing the issuance of work orders to the Water Division including addresses for the new service installations and has created accounting difficulties for your Division. We are requesting that our check,held by the City, be cashiered as soon as possible to release the amount of$104,220 required by the City's Water Division for water connection charges, and that the remaining balance be applied to the other fees and charges as itemized in the Subdivision Agreement for PM No. 2004-36. Lastly,we would request that any un-used funds or fee overcharges be refunded back to Fancher Creek Properties,LLC. Very tru 1 ours, Fanc reek Properties, LLC S40-, . Anderson Cc: Neil Montgomery Alan Kawakami Bud Tickel Sent via USPS atti t 00 O O �c O O O O O O O �c O O O O O Q O vi N O O O O O O vi N OO O O O Q Q g �O v1 O O . M N . . v. . O O M N N 8 10 N N N 0 O� O �p CO O D\ vi r N OI r 1� N N C4 h N CL N ' N Q Q 0 r m m D F OM C C a r CY p w q MQ w Q M Q� w Q r u.,� O U M z w � M C,4 M O U z w Z a E- O z O ¢ Cw7 O z O w Cw7 m U E^ x W U WU U o4 U a z H H a U U a C7 H w a x F F U z i pZ z E H a U �M} W 0 0 0 O O O W 0 C> 0 0 W 0 0 0 0 0 0 0 0 0 0 0o O o 0 p( N N N N N N N N N N N N a a a a a a a a a a aaaa a � Q00000000aaaoaao 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 h a a a a a a a a a a a a a a a a q O 0 y � a Li a o v w R �o a 'a 0 F t y (0 U 06 Y U N o0 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 L O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N U N N N N N N N N N N N N N N N N O � U J � Oo a N O a0 O U U) O N O N O O O O Z O N� w o o C> 0 o 0 D X Cl) N N O ao 0o ao 00 opo opo LL mvUX O M ^' Vl M �C 00 Vl M �C 00 C 'O O O 0 0 0 0 0 0 0 0 0 0 0 0 m C N C l0 C O g, O) ` � W) M C> W) O O_ O O O O_ O_ O . d u vi v, 00 v, 00 00 00 m u T w o a a o 0 0 0 0 0 0 0 City of MEMORANDUM PLANNING& DEVELOPMENT DEPARTMENT-PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721 DATE: October 2, 2008 OCT 2 7 20 TO: ROSE SALDIVAR Division Public Works Department i'armingg &DeV Op ent Dw,f CITY OF FRFSNr FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: SUBMITTAL OF FEE PAYMENT FOR PARCEL MAP NO. 2004-36 THE FOLLOWING ITEMS ARE SUBMIT-FED FOR PROCESSING: 1. Performance Bond in the amount of$7,053,000.00 2. Payment Bond in the amount of$3,712,000.00 3. Certificate of Deposit in the amount of$369,000.00 4. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank_you, //9� Jonathan Bartel Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD X Passbook Other Deposited At: Premier Valley Bank Certificate/Acct. No: 108006180 Deposit Amount: $369,000.00 Maturity Date: 07/31/08 Depositor: Name: Fancher Creek Properties, LLC Address: 855 M Street, Suite 1110 Fresno, Ca. 93721 Street City/State Zip Job Address: PM2004-36 Received By: Rose Saldivar, Public Works Engineering Date: 10/3/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip a ����`" � ��F� � ' �� �;r � �"�� � �''✓.�� �8 �'. � ;'���' 3,y�fid'. � r�� � ��� S ? F� �� �rd#,�•�� - ""' ��3�,�, t �' � :a � � � _� r� - c -gym' ��lh�f'..: p ��.�+1 ��'�� �: � �� �'� )MA '� - ,� � -. a4� -, 4 ,.a:.' .+� rs� try �:. � x� k � fix,. •. �, � y �„» ,'�� � �� � ..,. �'`e .."ca`�"�.. �F ••��"�'�..';?., �'� 7 F� F$�,,E"� „{x "'#'�gym',,ie �� � r� �'t�5f �'�`t�.�' ' ��F.t��f�� .. �-,K• s # N � ��^.'., ,� �; ,�`� x ��" 3'' Y � a a ,�� � ,_ �i ;, 9 a to t - � z 2 '. #`o _ t�, w It 1111 Date 2/1/08 Opened: Certificate Number: 108006180 Certificate of Deposit Account Number: SSN/TIN Number: 77-0525651 Amou t of Deposit: P THREE HUNDRED AND SIXTY NINE THOUSAND********************$ 369,000.00 _ This Certificate is Issued to: Issuer: CITY OF FRESNO PREMIER VALLEY BANK REF: FANCHER CREEK PROPERTIES, LLC. By Not Negotiable-Not Transferable. This account is subject to all the terms and conditions stated in the Certificate of Deposit Disclosures,as they may be amended from time to time,and incorporates the Certificate of Deposit Disclosures by reference into this agreement. This certificate maybe redeemed on 7/31/08 _ only upon presentation of the certificate to the Financial Institution. The interest rate of this certificate of deposit is 3,72 _—% with an annual percentage yield of 3.75 %.The rate on this certificate is ®fixed ❑variable.The interest will be: W added to principal ❑paid to account(No. ) ❑mailed to the owner(s) ©1994 Bankers Systems,Inc.,St.Cloud,MN (1-800-397-2341) Form CD-GEN 812/94 tii (page 1 of 2) PREMIER VALLEY BANK 8355 N FRESNO ST STE 180 FRESNO, CA 93720 TRUTH IN SAVINGS DISCLOSURE FOR TIME ACCOUNTS Terms following a ® apply only if checked. ❑ The interest rate will not be less than % Acct: BUSINESS CERTIFICATE or more than %. Acct #: 108006180 ❑ The interest rate will not Date: FEBRUARY 01, 2008 x❑ The interest rate and annual percentage yield stated below the interest rate initially disclosed to you. are accurate as of the date printed above. If you would like more COMPOUNDING AND CREDITING: current rate and yield information please call us at 1�1 Frequency- Interest will be (559) 438-2002 compounded at maturity This disclosure contains the rules which govern your deposit Interest will be paid at maturity account. Unless it would be inconsistent to do so, words and added back to the certificate phrases used in this disclosure should be construed so that the singular includes the plural and the plural includes the singular. E� Withdrawal of Interest Before Maturity. The annual x❑ FIXED RATE: percentage yield assumes that interest remains on deposit until © The interest rate for your account is 3 •72 % with maturity. A withdrawal of interest will reduce earnings. an annual percentage yield of 3 •75 %. We will pay ❑ Required Interest Distribution. This account requires the this rate until first maturity distribution of interest and does not allow interest to remain in ❑ The interest rate and annual percentage yield for your the account, account depend upon the applicable rate tier. We will pay DI Effect on Closing an Account. If you close your account these rates before interest is credited, you will not receive the accrued interest. ❑ VARIABLE RATE: MINIMUM BALANCE REQUIREMENTS: ❑ The interest rate for your account is % 121 To Open the Account. You must deposit at least with an annual percentage yield of %. $ 100, 000. 00 to open this account. Your interest rate and annual percentage yield may change. To Obtain the Annual Percentage Yield Disclosed. ❑ The interest rate and annual percentage yield for your � You must maintain a minimum balance of account depend upon the applicable rate tier. The interest $ 100,000 .00 in the account each day to obtain rate and annual percentage yield for these tiers may change. the disclosed annual percentage yield. Determination of Rate: ❑ You must maintain a minimum average daily balance of ❑ At our discretion, we may change the interest rate on $ to obtain the disclosed annual your account. percentage yield. The average daily balance is calculated by adding the principal in the account for each day of the period ❑ The interest rate for your account and dividing that figure by the number of days in the period. The period we use is BALANCE COMPUTATION METHOD: Daily Balance Method. We use the daily balance method to ❑ The fixed initial rate is not determined by this rule. calculate the interest on your account. This method applies a ❑ The initial interest rate on your account daily periodic rate to the principal in the account each day. ❑ Average Da#y Balance Method. We use the average daily balance method to calculate interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance Is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. Subsequent rates The period we use is ACCRUAL OF INTEREST ON NONCASH DEPOSITS: ❑ Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks). Frequency of Rate Change: DI Interest begins to accrue on the business day ❑ We may change the interest rate on your account after the banking day ❑ Your initial interest rate will not change you deposit noncash items (for example, checks). We may change the interest rate on your account at that time MATURITY DATE:, and thereafter. Your account will mature on 07/31/08 Limitations on Rate Changes: ❑ Your account will mature in ❑ The interest rate for your account will not ❑ We may accelerate the maturity or call this account, at our by more than each option, ® O 1992 Bankers Systems,Inc.,St.Cloud,MN Form TSD-TIME 6/17/2005 (page 1 of 2) ❑ Your account has no definite maturity date. To withdraw any You may make unlimited deposits into your account. or part of this deposit without penalty, we must receive at least ❑ You may not make any deposits into your account until written notice from maturity. you of your intention to make a withdrawal. The notice must specify the exact amount and date of the intended withdrawal, ❑ The minimum amount you can deposit Is $ Interest will no longer accrue after the withdrawal date specified ❑ The maximum amount you can deposit is $ in your notice on the amount specified in your notice. We may ® No limitations on frequency or terminate this account by mailing a notice to you of our intention to terminate at least ten days before the termination date. The timing of add' 1 deposits, except no date of intended withdrawal of the last funds in the account, or deposits 7 days before maturity the termination date, is considered to be the maturity date. TIME DEPOSIT WITHDRAWAL LIMITATIONS: RENEWAL POLICY: © Principal:Principal can be withdrawn from ❑ Single Maturity: This account will not renew automatically at the account before maturity only if maturity. If you do not renew the account, we agree at the time withdrawal is requested. Principal withdrawn is included in the amount subject to early withdrawal penalty Automatic Renewal: This account will automatically renew ❑ Interest: at maturity. ❑x You will have 10 days after the maturity date to withdraw funds without penalty. ❑ Exceptions to Automatic Renewal: This account will not © Interest Timing:You can withdraw interest any timerenew if you withdraw the funds on the maturity date or if we receive written notice from you on or before the maturity date of during the term after the credit to your intention not to renew. your account before the maturity of ❑ There is no grace period following the maturity of this that term without penaly account to withdraw funds without penalty. EARLY WITHDRAWAL PENALTY: RENEWAL TERMS: A penalty 0 may ❑ will be imposed for withdrawals before � Same Term As Original: Each renewal term will be the same maturity. The penalty will be an amount equal to: as the original term, beginning on the maturity date. ❑ Seven days' interest on the amount withdrawn if the ❑ Different Term: Each renewal term will be withdrawal is made within the first six days after the deposit. , beginning on the maturity date. ❑ 180 days' interest on the amount withdrawn RENEWAL INTEREST CALCULATION: ❑ 90 days' interest on the amount withdrawn ❑ Same Interest Calculation: Interest will be calculated on the ❑ 30 days' interest on the amount withdrawn same basis as during the original term. © 90 days interest on the amount 121 Different Interest Calculation:The interest rate will be the withdrawn subject to penalty same we offer on new time deposits on the maturity date which have the same ❑ The interest rate we will use to calculate the interest term, minimum balance (if any) and other forfeiture will be: features as the original time deposit BONUSES: ❑ You will We will charge the penalty first against any interest then in as a bonus the account, and any excess will be deducted from the ❑ You must maintain a minimum amount you withdraw. of $ ❑ If you withdraw some of your funds before maturity, the to obtain the bonus. interest rate for the remaining funds in your account will be ❑ To earn the bonus, % with an annual percentage yield of © Minimum Balance Accounts. We reserve the right to treat ❑ PRE-MATURITY NOTICE: Your account will mature on any withdrawal which would reduce the balance remaining in the account below the required minimum initial deposit or . If the account renews, the new minimum balance as a withdrawal of the entire account maturity date will be balance and calculate the amount of the penalty accordingly. In certain circumstances, such as the death or incompetence of ❑ The interest rate for the renewed account will be an account owner, the law permits, or in some cases requires, the waiver of the early withdrawal penalty. Other exceptions % with an annual percentage yield of may also apply, for example, if this is part of an IRA or other tax-deferred savings plan. ADDITIONS TO ACCOUNT: ❑ The interest rate and annual percentage yield have not ❑ You may make no more than deposits yet been determined. They will be available on into your account each ❑ You may only make deposits into your account Please call to learn the interest rate and annual percentage yield for your new account. ❑ ADDITIONAL TERMS: �e�® ©1992 Bankers Systems,Inc.,St.Cloud,MN Form TSD-TIME 6/17/2005 (page 2 of 2) 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: Bond Safeguard Insurance Company Certificate/Acct. No: 5017737 Deposit Amount: $7,053,000.00 Maturity Date: Depositor: Name: Fancher Creek Properties, LLC Address: 855 M Street, Suite 1110 Fresno, Ca. 93721 Street City/State Zip Job Address: PM2004-36 Received By: Rose Saldivar, Public Works Engineering Date: 10/3/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip �#iw'� �. �� '�'-.,��'�� � ! � � ��'�' " "��'� ✓ ������ "'�.� � ��' �...Rr�x� �'���, �3 "��� �i� C s�Sit'��� �''x r�r z � /�3�a�,`�';i'�'�'r,�!`� =X� h z .AY-*'. ..„�, ,-.�. N„'�„'�. u �f�•�`� .� � .�.. A'a,.;:.vir�KY,-... '�s-`� I.,� x ,t�'. ` zkfr`1'- SNS x -v �i��" ` � ��� � �+¢�,,�,�w'���, +ice .� � t��; �` '✓ :� �'' �,�, a .� /�� x,r t- u- na Bond No.: 5017737 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Fanc_ber_Creek Properties,J_LC ("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 the Final Map of Tract No.Parcels A` , 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 Bond Safeguard Insurance Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Seven Million Fifty Three Thousand& 00/100 " ,*.._dollars ($7,053,000.00 ) 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 rto 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 Nove..t7lb 16 , 2007 * through AQ, Inclusive, and Outlots 1 &2 of Parcel Map No. 2004-36 Princi . Fancher Creek Properties, LLC , By: y aHi U (Principal)Edward M Kashian homas G Richards Suret • Bond Safeguard Insurance Company B _ rety) Julie Radican, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of l fL(I rn+�— County of *yst4o OnL__"C4 k' J005 before me, (.2f1L/0- ('1'a VA;qtI'4__ Notary Public ATE ,-,—p AMEIC,TITLE OF OF R" personally appeared 1 nprrV-4s �' cl�a rX5" NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ar-e- subscribed to the within instrument and acknowledged to me that heAshe4key executed the same in his/h#4"r authorized capacity(ics), and that by his/heF44wii-signature(-#)on the instrument the person(t), or the entity upon behalf of which the person(3)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. L M.CIAVAGIIA a r COMM.X1581774 N � r � , Notary Publlc�alftomia w--' W FRESNO COUNTY SIGNATURE OF NOTARY My Comm.Exp.June 20,2009 This area for 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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT �fJ ❑ INDIVIDUAL y"d i Ul b+D h �1e+me4 E— ❑ CORPORATE OFFICER TITLE OR TYPJ OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT I I. 1b-07 ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ® OTHER: L..LG �I GNER(S)O HER THAN NAMED ABOVE SIGNER IS REPRESENTING: l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �V State of I Tt)r h I cj County of Fr?_C.,,© On j Rh%Agro �, before me, S+e�p� /H �o a���, Notary Public DAT11 NAME,TITLE OF OFFICER" personally appeared �c,1 W q rr� /� . �La s�Il h NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person((whose name() is/a+& subscribed to the within instrument and acknowledged to me that he/she#key executed the same in his/her4heir authorized capacity(ies)., and that by his/lair signatureO on the instrument the person(g), or the entity upon behalf of which the person()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. .+►� ,, STEVEN M.YOUNG WITNESS my hand and official seal. COMM.x#1466428 ce NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Exp.Jan.29,2008 SIGNATURE OF NOTARY This area for 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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ri,.a� zl ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: 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: Bond Safeguard Insurance Company Certificate/Acct. No: 5017737 Deposit Amount: $3,712,000.00 Maturity Date: Depositor: Name: Fancher Creek Properties, LLC Address: 855 M Street, Suite 1110 Fresno, Ca. 93721 Street City/State Zip Job Address: PM2004-36 Received By: Rose Saldivar, Public Works Engineering Date: 10/03/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip .. ,�fia,' ' -.v' iia¢r r. ;" $ " Pn, �",�'„`�'fir - '� fii �� • - r � a a > �� '�.. t,+x,� .�' rs�. ..��,�,�'' �s" '.�' �.�„ ��• - fix„ ro .x I,. aye.- ..«. ..e�,.z:,. .-c n^ ,.. ,„ tabr�scaraw ,� , ' •,�.. .a *ru yea a w fa r g SO NO' x '% z•' s.4a 3' Bond No.: 5017737 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas the City Council of the City of Fresno, State of California, and Fancher Greek Properties, LLC ("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 the Final Map of Tract No. Parcels A * 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 Bond Safeguard 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 Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Three Million Seven Hundred Twelve Thousand &00/100 "',***********dollars ($3712.000.00. ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, In addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and vold, 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 November_ 16 , 2007 *through AQ, Inclusive, and Outlots 1 &2 of Parcel Map No. 2004-36 Princ' I:Fancher Creek Properties, LLC BY:.. _Xi .,By UAA. (Principal) Edward M Kashian Tho as ichards Surety: Bond Safeguard Insurance Company By �adican,'rAttorn�—ey-in-Fact ( rety) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 61 I kC n I'*_ County of Y-j�CSNO On J,Obco, before me, (Zfa Notary Public DA EI NIR 1 4 "NAME,TITLE OF OFFICE personally appeared a nuts NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(&)whose name($) is/ax-, subscribed to the within instrument and acknowledged to me that heAhefthzy executed the same in his4wm4heifauthorized capacity(•,es), and that by hisfkefMteir signature(a)on the instrument the person(#), or the entity upon behalf of which the person(#)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. ] LETA M.CIAVAGLIA COMM.#1581774 rn y lL m Notary FRESNO CO aUfomla � FRESNOCWNTY SIGNATURE OF NOTARY My Comm.Exp.June 20,;M4 This area for 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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUALhd ❑ CORPORATE OFFICER TITLE 6 TYPE OF DOCUWjT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT 'b7 ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR 1!� OTHER: AA a. �v SIGNERS)OTHER THAN NAMED ABOVE �I.UIP��I CEVI._ SIGNER IS REPRESENTING: au��h CS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of �+114rmicl County of E e-s6"o On , h vtIS 2e>ol before me, S1'e-,+e-" i0,1-_?0 *01 Notaa Public DATL NAME,TITLE OF OFFICER" personally appeared E d t,,,,,;,,, A M. �_��,a :►-� NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(. )whose name(z) is/ar-e subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/heF44eir authorized capacity(44, and that by his/her#heir signature(&)on the instrument the person(,y, or the entity upon behalf of which the person( 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. , STEVEN M.YOUNG WITNESS my hand and official seal. a� M comm.#1466428 w a NOTARY PUBLIC-CAUfORMA FRESNO COUNTY ,._ uF.■ My Comm.Exp.Jan.29,W SIGNATURE OF NOTARY This area for 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 SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Jular�id�s:c,, vhG►b��vwa..T Q�y ' ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: SURETY NOTARIAL ACKNOWLEDGEMENT State of Kentucky County of Jefferson On November 16, 2007, before me, Julie Radican personally appeared known to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf, of which the person acted, executed the instrument. WITNESS my hand and official seal, J�Ia'11 'k ec, r))n Mary E. Joseph Notary Publi in nd fo t e State of Kentucky Residing in uisville. My Commission Expires: September 9, 2008 POWER OF ATTORNEY AO 27493 Bond SafeguardiNSURANCE 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: John B.Manus,Mary E.Joseph,Brook T.Smith,Kathy Hobbs,****••••••••• Raymond M.Hundley,Jason D.Cromwell,James H.Martin,Sandra F.Harper,Myrtie F.Henry,Julie Radican,Virginia E.Woolridge,Deborah Neichter**** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, 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 Attorney-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, $ 7,100,000.00 Seven million one hundred thousand dollars""""""""""""""""""""""'• 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. �►�`0INS BOND SAFEGUARD INSURANCE COMPANY AH c uMas Z OMPAWE 9 ai co 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" MAUREEN K.AYE aureen K.Aye Notary Public,State of Illinois 'Notary Public My Commission Expires 09/21/09 CERTIFICATE I, the undersigned, Secretary 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 16th Day of NOVEMBER 200_ OJ 4� n °T AN +DL . LLI s fi, RANM COL~ Donald D.Buchanan Secretary Company Profile Page 1 of 2 Company Profile BOND SAFEGUARD INSURANCE COMPANY 10002 SHELBYVILLE ROAD, SUITE 100 LOUISVILLE, KY 40223 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 27081 NAIC Group#: 0000 California Company ID #: 4876-9 Date authorized in California: December 21, 2004 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 glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance &Comparison Data Composite Complaint Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get co proPp EID=61897 1/28/2008 Company Profile Page 1 of 2 Company profile BOND SAFEGUARD INSURANCE COMPANY 10002 SHELBYVILLE ROAD, SUITE 100 LOUISVILLE, KY 40223 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 27081 NAIC Group#: 0000 California Company ID #: 4876-9 Date authorized in California: December 21, 2004 License Status: U]vLIMITED-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 thelog ssary. 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