HomeMy WebLinkAboutPM 2005-30 - Cashier Memo - 8/14/2007 i
City of
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MEMORANDUM
DATE: June 7, 2007
TO: Rose Saldivar
Public Works DepartmentC/
FROM: JONATHAN BARTEL Q
Planning & Development Department, Building and Safety Services Division
`tib u_
SUBJECT: SUBMITTAL OF SECURITIES FOR PARCEL MAP NO. 2005-30.
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR PARCEL MAP NO. 2005-30.
1. Performance Bond in the amount of$197,600.00
2. Payment Bond in the amount of$104,000.00
3. Check in the amount of$20,728.00 (City National Bank No. 1096)
4. Copy of the Subdivision Agreement for Parcel Map No. 2005-30.
The total charges are more particularly itemized in Exhibit "A"and Exhibit"B"
of the Subdivision Agreement.
If you have any questions please contact me at 621-8076.
Thank You_,_
Jonathan Bartel
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: 2206678
Deposit Amount: $197,600.00 Maturity Date:
Depositor: Name: Jordan M Freeman, Jared T Freeman, Spencer J Freeman & Sara Freeman
Address: 2758 W Tenaya Way Fresno, Ca 93711
Street City/State Zip
Job Address: PM2005-30
Received By: Rose Saldivar, Public Works Engineering Date: 6/08/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
e,
FINANCE USE ONLY
e�ted By:
Name Date
K V,
-01 W10y:------------
Name Date
Type of Release: Mailed -- Hand Delivered ---- —__--
Date Date
I acknowledge receipt of the above referenced instrument:
Signature. -- — ----------------------_ --- Date — ------ ----------- —
Comments:
Bond No.: 2206678
Premium:$4,452.00
Subdivision Improvement
Performance Bond
Whereas, the City Council of the City of Fresno, State of California, and Jordan M Freeman, a married man,2758 West
Tenaya Way, Fresno CA 93711, Jared T. Freeman, a married man, 810 East Griffith Way, Fresno, CA 93704, Spencer J.
Freeman, a married man, 4353 North Arthur Avenue, Fresno CA 93704 and Sara Freeman, a single woman, 294 Waverly #1,
Menlo Park,CA 94025,all as Joint Tenants, ("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.,
2005-30,is hereby referred to and made a part hereof,and
Whereas, said 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 Insurance Company of the West,as surety,are held and firmly bound unto the City of
Fresno,("City"),in the penal sum of One Hundred Ninety Seven Thousand Six Hundred and No/100($197,600.00)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 herein 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,these 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 plans and 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 May 14,2007.
PRINCIPAL:
Jordan reeman
By: —
Jare WFreeman
izwBy:
A�,
ma ---�
By:
SURETY:
Insurance Cny of the West
By:
Justin Smi —Attorney in act
STATE OF California
COUNTYOF Fresno ]
On f I .before me, Roberta Voss,Notary Public
(here insert name and title of the officer),personally appeared Justin Smit
personally known to me o be the person(o whose name(J1 ism
subscribed to the within instrument and acknowledged to me that heft executed the same in his✓h&j)&authorized
capacity(ia s¢ and that by his mir signature*on the instrument the persorft or the entity upon behalf of which the
person(*acted,executed the instrument.
WITNESS my hand and official seal.
j�`
Signature' (SEAL) W COMM. #1632287
NOTARY PUBLIC CALIFORNIA
FRE5N0 COUNT
My Comm,Expire
s Jan.19,2010
This urea for Official Notarial Seat
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 PERSONS)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.
�.owrurro< `#SVRA& 10 q��8
?4�pOrPON,4TF�r'",£ W 4IZ7 �Rp'�i��n0 w -Y' O INSURANCE COMPANY OF THE WEST
0 o SEAL ? y EXPLORER INSURANCE COMPANY
a °� INDEPENDENCE CASUALTY AND SURETY COMPANY
� T oa Sk
,<J
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On June 5,2006 before me,Mary Cobb,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.
ARY I U 4"6=9()
� I�}TARY PUBUC-CMJ�A
SAN MGQ CMJNry
v �S TEI�ABE.R�?.0`�
Mary Cobb,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. /j�
IN WITNESS WHEREOF,I have set my hand this ` day of /►r' t
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 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 filing claims,please contact Surety Claims,ICW Croup, 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: 2206678
Deposit Amount: $104,000.00 Maturity Date:
Depositor: Name: Jordan M Freeman, Jared T Freeman, Spencer J Freeman & Sara Freeman
Address: 2758 W Tenaya Way Fresno, Ca 93711
Street City/State Zip
Job Address: PM2005-30
Received By: Rose Saldivar, Public Works Engineering Date: 6/08/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
-Accepted By, x
Name Date` �. , ✓
Released.By:
Name Date
Type of Release: Mailed p— — Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature; Date--- ------ -----
Comments:
Bond No.:2206678
Premium: included in performance
Subdivision Improvement
Payment Bond
Whereas, the City Council of the City of Fresno, State of California, Jordan M Freeman, a married man, 2758 West
Tenaya Way, Fresno CA 93711, Jared T. Freeman, a married man, 810 East Griffith Way, Fresno, CA 93704, Spencer J.
Freeman, a married man, 4353 North Arthur Avenue, Fresno CA 93704 and Sara Freeman, a single woman, 294 Waverly #1,
Menlo Park, CA 94025, all as Joint Tenants, ("principal") have entered 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.,
2005-30,is hereby referred to and made a part hereof;and
Whereas,under the terms of said agreement,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, said principal and Insurance Company of the West,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 aforesaid 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 dollars One Hundred
Four Thousand and No/100 ($104,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said 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 such 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 said agreement
or the plans and 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
May 14,2007.
PRINCIPAL:
PRINCIPAL:
Jordan Nj Freeman_ —
(/ s
By:
Jare .Frees n
By: '��• `'
Spencer .Fr man
By,
ara F n
SURETY:
Insurance
=i�e Wes
By �',� (Seal)
Justin it-Attorney-In-Fact
STATEOF California
COUNTYOF Fresno
On �_ I G I ,before me, Roberta Voss,Notary Public
(here in rt natne and title of the officer),personally appeared Justin Smit
personally known to me o be the person( whose name( is/> c
subscribed to the within instrument and acknowledged to me that hetet executed the same in his4 {authorized
capacity(ims1 and that by his it signature*on the instrument the persorift or the entity upon behalf of which the
person(,#acted,executed the instrument.
WITNESS my hand and official seal.
41
ROBERTA VOSS
lw;
COMM. #1632287
Signature > (SEAL) NOTARY PUBLIC CALIFORNIA
FRESNO COUNTY
My Comm,Expires Jan.19,2010
This area for Official Notariat 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.
a4��pyPANy��r ��5¢ oqN c4` vY'�'a'°
`��pRP011,�TF�4 ru v° 'm o k 6 INSURANCE COMPANY OF THE WEST
o°SEAL c m y EXPLORER INSURANCE COMPANY
+uq°i I,A p}'��foRN`'�a 2 y� 8 �°n INDEPENDENCE CASUALTY AND SURETY COMPANY
4 r �C
�ACIfORR�A �ONr � tom`
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On June 5,2006 before me,Mary Cobb,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.
MARY CO55
COMM.4H602390
pueurtgair
v IMA
SAN iEGO COUNTY ci
0 MY COA aiseb n Expitw
SEPTEMBER 20:200'4
Mary Cobb,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. ,.�,r-ry
IN WITNESS WHEREOF,I have set my hand this l� FIAdayof � ;IVY
� •
i
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 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 filing claims,please contact Surety Claims,ICW Group, 11455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
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