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PM 2006-07 - Cashier Memo - 8/28/2008
of IMI MEMORANDUM rcrs��rL,�l�� rn�-::v..Ir PLANNING&DEVELOPMENT DEPARTMENT* PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721 A���� DATE: July 31, 2008 �li Ir 2 s 2005 TO: ROSE SALDIVAR Public Works Department planni FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: SUBMITTAL OF FEE PAYMENT FOR PARCEL MAP NO. 2006-07 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$519,900.00 2. Payment Bond in the amount of$271,000.00 3. Check in the amount of$ 13,550.00 (Comerica Bank No. 1110) 4. Check in the amount of$ 13,550.00 (Comerica Bank No. 1535) 5. Check in the amount of$ 180.00 (Comerica Bank No. 1108) 6. Check in the amount of$ 180.00 (Comerica Bank No. 1536) 7. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Than�k(o U, 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: Developers Surety & Indemnity Company Certificate/Acct. No: 884210S Deposit Amount: $514,900.00 Maturity Date: Depositor: Name: Hydroelectric Penetrations, L.P. Address: PO Box 22920 Carmel, CA 93922 Street City/State Zip Job Address: PM2006-07 Received By: Rose Saldivar, Public Works Engineering Date: 08/01/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By: Name Date Released By: Name Date Type of Release: Ntaiied Hand Delivered Date Date I acknowledge receipt of the above referenced Instrument: Signature: _ Date Comments: _ Sand No.. .884210S Preiaii t : -$ 5-,44 T� 00 -SUBDIVISION IMPROVEMENT PERFORMANCE BOND 'Whereas, the City.Council of the City of Fresno, State of California and Hydroelectric Penetrations, L.P., a California Limited Partnership ("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. 2006-07 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 Developers Sv.rety and Indemrlity Company as sure , are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Five - farteErn thud nim h-Trked and nor1QQ*^_'doIIars ($51L,90Q.Q *** ) 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 alteratlon 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 obligiition, 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,'extenslon of time, alteration or addition to the terms of the agreement or to the work or to the s peclfl cations..' In witness whereof, this instrument has been duly executed by the principal and surety above named, an Jurie 24, • 2c) 08 Principal: Hydroelectric Penetrations,L.P.,a California Limited Partnership By:E.P.Graham& Company,a California Corporation as General Partner By: (Principal) rn<sttY Graham,President By:Noyan Properties,L.P.,a California Limited Partnership By: Mehmet Noyan Corp ration,a California/Corporation Its General Partner By: (Principal)Mehmet Noyan,Presi nt Surety:De op rs Surety and Indemnity Company By: (Surety) ttorney-In-Fact:Justin Smit CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Fresno } On L 0 before me, Roberta Voss, Notary Public Date ere Insert Name and Title ol the Officer personally appeared Justin Smit Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(;o whose name( ls=subscribed to the within Instrument and acknowledged to Me that hq0bgM executed the same In hist authorized capacity and that by hls4UMtW signatures on the Instrument the TA VOSS person,or the entity upon behalf of which the persona ROBER COMM. TA VOSS -+ acted,executed the Instrument. NOTARY PUBLIC.CALIFORNIA I certify under PENALTY OF PERJURY under the laws of • FRESNO COUNTY the State of California that the foregoing paragraph is true My Comm.Expires Jan.19,2010 and correct. Witness my han nd ficial ®al, r n � Signature . Place Notary Seat Above Signatur6 or Notary Public OPTIONAL Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(les)Claimed by Slgner(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Panner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney In Fact lillitell UUM. ❑ Attorney to Fact TUATTIMPrAm OF SIGNER El Truste9e ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 Natlonal Notary Assacladon•9350 De Solo Ave.,P.O.Box 2402•ChatswoM,CA 81313.2402-www.NaUonalNotaryorg Item 16907 Reorder:Cel Toil-Free 1-900.878.8827 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 as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint *Matt DeFendis, Roberta Voss, Justin Smit, jointly or severally*** as their he 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 surely ship giving and granting unto said Attomey(s)-In-Fad 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 ads of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power otAttomey 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 January 1st,2008. 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,quarrWg 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 o(Atomey, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power 6(Atomey 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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st,2008. By'. � .: ►, iRPN , Stephen T.Pate,Senior Vice President , q "ap 0yUri 3� � a, 19 3if §P ' ' Charles L Day,Assistant Secretary State of California County of Orange On January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personalty appeared Stephen T.Pate and Charles L.Day Name(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names)islare subscribed to the within Instrument and acknowledged to me.that helsheRhey executed the same In his/herliheir authorized capacty(les),and that by his/herAheir signabure(s)on the Instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument !�G R1FFt�Bf( CAI NiA I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal. Place Notary Seal Above Signature Ch er J.Roach 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 Attomey,are In.force as of the date of this gerdficate. This Certificate is executed in the City of Irvine,California,they-1 day of 7VAG , "''l! By. Alb�Hgebrand,Assistanleatary���� ID-1380(Wet)(Rev.07/07) 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: 884210S Deposit Amount: $271,000.00 Maturity Date: Depositor: Name: Hydroelectric Penetrations, L.P. Address: PO Box 22920 Carmel, CA 93922 Street City/State Zip Job Address: PM2006-07 Received By: Rose Saldivar, Public Works Engineering Date: 08/01/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By. Name Date Released By:_ Name Date Type of Release: Mailed Hand Delivered Date Date acknowledge receipt of the above referenced instrument: Signature: Date Comments: Bond No.: 8842105 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the.City Council of the'City of Fresno, State of California and Hydroelectric Penetrations, L.P. a California. Limited partnership(^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. 2006-07 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 30.82) of Part 4 of Division 3 .of the Civil Code of the State of Cajifotjl a. Now, therefore, the principal and Developers Surety and Indemnity 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 ofd pgj;j M3 se�ty-a�e_thcdnd arra.m/100*--,,* • dollars (Q71,000.0U�`- ), for materials fumished 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, extenslan 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• June 24. , 20 08 Principal:Hydroelectric Penetrations,L.P.,a California Limited Partnership By:E.P. G m&Company, a California Corporation as General Partner By: .,-.-- ecipal) ne P �raham,President By:Noyan Properties,L.P.,a California Limited Partnership By: Met Noyan I orploration, a Californ' Corporation Its General Partner By: ✓v (Principal)Mehmet Noyan,Pr ent Surety: Deve pers Surety and Indemnity Company By: (Sure Attorney-In-Fact: Justin Smit CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Fresno } On t't f// before me, Roberta Voss, Notary Public , Date ere Insert Name and Title of the Offloer personally appeared Justin Smit Names)of Signer(a) who proved to me on the basis of satisfactory evidence to be the person(jo whose name(A IshMsubscribed to the within Instrument and acknowledged to Me that hebngM executed the same In hist authorized capacitylM and that by hls/ {slgnatureM on the Instrument the person, or the entity upon behalf of which the persona ROBERTA VOSS acted,executed the Instrument. COMM. #1632287 I certifyunder PENALTY OF PERJURY under the laws of NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY the State of California that the foregoing paragraph Is true @my Comm,Expires Jan.19,2010 and correct. Witness my ha and official seal, Signature Place Notary Seat Above Sig atur of Notary Public OPTIONAL ! Though the informatlon below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s)Other Than Named Above: Capacity(les)Claimed by Slgner(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Tltle(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney In Fact ❑ Trustee 16~W NIS ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator lopf thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 0 2007 National Notary Association•MO De Soto Ave.,P-O.Box 2402•Chatsworth,CA 81313.2402•www.NadonsiNotary.org Item 16807 Reorder.Ca!Toll-Froe 1-60o-878-6627 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92823 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint *Matt DeFendis, Roberta Voss, Justin Smit, 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 surety- ship giving and granting unto said Attomey(s)4n-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(sHn-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 January 1st,2008. 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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st,2008. pWunrr = d"Imp.ANgr Stephen T.Pate,Senior Vice President �;;�"� �: ti 4t7` BY os z 19?3'$ ^_ Charles L Day,Assistant Secretary .731 State of California County of Orange On .January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personalty appeared Stephen T..Pate and Charles L.Day Name(s)of%ner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)isiare subscribed to -• <;::, _ ,-• the within Instrument and acknowledged to me.that hefshe/they executed the same In hislhedthek authorized capacity(es),and that by his/her/their signature(s)on the Instrument the person(s),or the entity upon behalf of H which the person(s)acted,executed the instrument dFIMRtdt�t)8[} 'CAI# 1(l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is CSE t14Y true and correct IF #AYf WITNESS my hand and o seal. Place Notary Seal Above Signature Ch e0.Roach 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 C rdficate. This Certificate is executed In the City of Irvine,California,the Albert Hiilebrand,Assistant ecretary ID-1380(Wet)(Rev.07107) Gompaay Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the A ent for Service of Process? Reference Information NAIC #: 12718 NAIC Group#: 0075 California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: IOWA 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 glossa. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get co prof?p EID=100... 7/29/2008 Company Profile Page 2 of 2 Company Complaint Information Come Enforcement Action Documents Company Performance & Comparison Data Composite Co plaint_Studies Want More? Help Me Find a Com any.Rearesentati_v_e_in_Mv Area Financial Rating Organizations Last Revised-June 27, 2008 09:13 AM Copyright©California Department of Insurance http://interactive.web.insurane,e.ca.gov/webuser/idb co prof utl.get co prof?p EID=100... 7/29/2008 c -zr o 0 0 0 o: o 10 0 0 0: o10, o 6 N M a, N 00 O 'D Q, N 00 O \O N M M N M M O ^ N N M 7 00 Q d O p Z O F � c c dLLJ . b W LLJ rq M tt LI.; M C4 Lw N QQo �4 D" Ql o m UU 00 UU U M U F U V F U w w N w i z z z z H o o z o W o N z z x z ¢ o z z ¢ o z ¢ z z z U z 0 U 0 o o 0 U o 0 G, W j W o o W W o 0 a a Az F � F C � o O C. F U) a LLyw O. O v C W U >+ y e d 0 V W F t G) w (0 U 06 Y U N t O O O O O O O O O O O O O O O O O O O O O V W N N N N N N N N N N N J lzr 00 a lzr CD N O 0) O a) U) N O N O N Z ON 1) WU CD tt N R N tt co) U- Mao U w O CL am I,-,. FD0 0 0C �?)r CL ChN N N (317M M tN1 N O O O O O