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HomeMy WebLinkAboutPM 2004-38 - Cashier Memo - 10/27/2006 City of PLANNING AND DEVELOPMENT DEPARTMENT Building;& Safety Services,Division Land`Division& Engineering.Section 'AUG 3 1 DATE: August 23, 2006 ,;„1 'r,3: TO: ROSIE SALDIVAR, Senior Account Clark "? Public Works,Department, Engineering Administration FR, UIS HA, Senior Engineering -Technician eve artment, Building & Safety Services:Division, SUBJECT: SUBMITTAL OF FEES, CHARGES,AND SECURITIES FOR, FINAL PARCEL.MAP NO 2004-38 ATTACHED PLEASE FINDTHE FOLLOWING ITEMS FOR PARCEL MAP NO. 2004-38 1. Copy of the Subdivision;Agreement for Parcel Map No. 2004-38' 2 A,Paul &Laurel R. Di Tomaso<check in the amount of$330.00 representing total fees ands charge&due final map as noted'of page 3 of 3 of the itemized`Exhibit `B" at the.rear-off' subdivision agreement. 3. A Paul & Laurel R. Di Tomaso check in the amount of$ 15,000:00, which represents the, five percent Performance Security, as noted on page 1, of Exhibit "A' at the rear of said;' subdivision agreement: 4. City's:Subdivision Improvement Performance Bond in the amount,of-$'277,000,00 5. City's Subdivision Improvement Payment Bond in the amountof$ 146,000.00 Please provide copies of the Cashier Memorandum for our,records. If you should have any questions- please feel free to contact me at;621-8074 Respectfully Louis Rocha .f O 0 0 0 0 0 0 0 'n O O O 'n T p O w O O O 'n — 7 0 0 0 0 0 0 0 0 y;p 0 0 0 . 0 0 0 'n O O O M t� p p 10 0 0 0 �n N C� 0 0 0 0 0 0 0 vi p 0 0 M O 'n vi 'n O C O O C O 'n oo N oa O W W N O O 10 N 10 O 'n vi vi O O O O O O vi oa Nr 0 N N N oo O m 0 O G\ n O 7 G\ O O, t� G\ M 7 O, 7 N N N oa 00 M O O Cl n p T m .' 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N N N N N N N N N N �yg� �/1 �/1 �n •/1 •/1 Vl �/1 v1 �/1 v1 �/1 i CC .xx CL ,x xx CL CC QC QC 0x Cli Q Q Q Q pQ pQ N C d o m LL w •� O V O U n G, �f N •� F z U 06 Ury� o L 0 0 0 0 0 0 0 0 N N U yt 00 O0 N O v O cn vo"-"T' z O N Q W O fn cD ° M Co O LL Cl) ci U p , a •;lt ; Gl ?per{•'. N M1—n In ,f ? 13 IA M M M M m CL Q p 41 V a O 7 0 0 0 0 0 0 0 0 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: Developers Surety & Indemnity Company Certificate/Acct. No: 568932S Deposit Amount: $277,000.00 Maturity Date: Depositor: Name: Paul R DiTomaso Address: PO Box 1445, Oakhurst Oakhurst 93644 Street City/State Zip Job Address: PM2004-38 Received By: Rose Saldivar, Public Works Engineering Date: 8/24/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Fri�cANCE US :OflY t Ac #�Wyk �pato. E ►dtas x tee H kin &'1+d k 3¢ •fi 7 d 5 z,,1 i L#, h t a Bond No.: 5689325 $4,986 Premun SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Paul R. DiTmBso, a married Ren as his sole arra separate prZpaay, ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public implovements, which said agreement, identified as Subdivision Agreement for Parcel Map No. 2004-38 , is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and , as surety, are held and firmly bound unto the City of Fresno ("City"), in he pens sum of Two Hmdrind 32mmtiy Seven M-nisarr7 and M/100±******dollars ($ 2T1_fYYI (Yt*********) 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 1 , 20_06 . Principal: Pall R. DiTt aaao, a married Ran as his sole and separate property, (Principal) Surety: Suret a y y r By: l; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Fresno On must 1, 2006 before me, DEBBIE YOUNG, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Dennis H. Pope NAME(S)OF SIGNER(S) ® 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 DEBBIE YOUNG capacity(ies), and that by his/her/their Comm.# 1581826 signature(s) on the instrument the person(s), NOTARYMLIC•CALIFORNIA or the entity upon behalf of which the Flow County 23,2009 person(s) acted, executed the instrument. My Comm.Erplles June WITNESS my hapd and official seal. SIGNATUR OF N ARY 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 BL-nd 5869325 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 O ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 8-1,--06 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Paul- R. DiTt aso Ike]oilers 9irety & k amity Cb. SIGNER(S)OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Dennis H. Pope, Debbie Young, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. BY ��............... �o� AND/No,, �OMPANVpc David H.Rhodes,Executive Vice-President O P H C �RPORq�Fajry�. 00 P 9 9 F F r < �` OCT.5 To :LU 10 By: 0 1936 Walter A.Crowell,Secretary �',;�7�•., /DWp •,,• aa.•' </FORS "I"................ , STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, 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 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. WITNESS my hand and official seal. GINA L.GARNER AIM COMM.#1569561 Signature (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY W:= expires 13,2008 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 1st day of Augmt __2006. �>L By / Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) 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: Developers Surety & Indemnity Company Certificate/Acct. No: 568932S Deposit Amount: $146,000.00 Maturity Date: Depositor: Name: Paul R DiTomaso Address: PO Box 1445, Oakhurst Oakhurst 93644 Street City/State Zip Job Address: PM2004-38 Received By: Rose Saldivar, Public Works Engineering Date: 8/24/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Fll�l , 7 1 AbD66td ByV. r t�a�e � k iiame Relef���y� 4 li L .... Type.af Rialeese"` . tom... N, E !f = f � E H aft5 ) f d t 'iIn nt5h,; . w Bond No.:5,8932S SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Paul R. Di.Ztinam, a narried man as his sole and urate pr—werty, ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for Parcel Map No. 20(X1-38 , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City's to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Deyelohets SAY and IrykamitY O3TPMY , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of One Humte3 rBirty Six Thousand arra 9)/100 ****************************dollars ($ ), 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 A ist 1 , 2006 . Principal: Paul R. DiTcmiso• a married nm as his sole arra separate pLmpexty, (Principal) Su rety: rY By: ?W7GW&f attocry: in fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Fresno . On &x-nzst 1, 2o06 before me, DEBBIE YOUNG, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared Dennis H. Pope NAME(S)OF SIGNER(S) ® 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 DEBBIE YOUNG capacity(ies), and that by his/her/their Comm.# 1581826 signature(s) on the instrument the person(s), �- NOTARY PUBLIC-CALIFORNIA or the entity upon behalf of which the Fresno County23,2009 person(s) acted, executed the instrument. My Comm.Expires June WITNESS m h d and official seal. SIGNATURE ONO RY 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 Haid 5869325 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 8-1-06 DATE OF DOCUMENT SIGNER IS REPRESENTING: Paul R. DiZaraso NAME OF PERSON(S)OR ENTITY(IES) Dmeicperrs axety & In damity Co. SIGNER(S)OTHER THAN NAMED ABOVE -- - - - --- - --- ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Dennis H. Pope, Debbie Young, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. 1.................. BY �•! i AND,�4,O ON,PANyO David H.Rhodes,Executive Vice-President ,yJQ-..o�paRgT,F .,,• �PPOR.,9 4 F Z�y 9 OCT. i<? Z OCT.5 -n a: 10 et'fn W 1967 By: o 1936 :a oop Walter A.Crowell,Secretary ,�q. p... �41FOP d STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, 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 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. WITNESS my hand and official seal. GINA L GARNER COMM. 1 69561 AUFOR Signature (SEAL) NOTARY PUBUC CAUFORMA 3 ORANGE COUNTY My comm expires13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the LSt day of 2W3' By /J W_r-4 Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05)