HomeMy WebLinkAboutPM 2006-18 - Cashier Memo - 11/1/2007 City of
MEMQRANDU-M-
DATE: July 12, 2007
TO: Rose Saldivar
Public Works Department
FROM: PATRICIA DIEP Q4
Planning & Development Department, Building and Safety Services Division
SUBJECT: SUBMITTAL OF SECURITIES FOR PARCEL MAP NO. 2006-18.
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR PARCEL MAP NO.2006-18.
1. Letter of Credit in the amount of$129,200.00
2. Letter of Credit in the amount of$129,200.00
3. 5% of Performance Security paid on 07/03/07 -$6,800.00
4. Total fees on Exhibit"B" paid on 07/03/07 - $1,255.00
5. Copy of the Subdivision Agreement for Parcel Map No. 2006-18.
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 621-8072.
Thank You,
q
Patricia Diep
r' -y
. � r
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: 733360
Deposit Amount: $129,200.00 Maturity Date:
Depositor: AMCAL Sandstone Fund, LP Limited Partnership
Address: 30141 Agoura Road, Ste 100 Agoura Hills Ca 91301
Street City/State Zip
Job Address: PM 2006-18
Received By: Rose Saldivar, Public Works Engineering Date: 7/3/07
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
I acknowledge receipt of the above referenced instrument:
Signature: . Date
Comments:
Bond No._-zU1 0
Premium: $1,809.00
Premium is for a Two-Year Term SUSIDnaSION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of Califor•nla, and
AMCAL Sandstore Fund,L.P.Limited Partnership ("principal")
will be entering into an agreement whereby principal agrees to Install and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement
for Parcel Map NO,2006-18 . is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now, therefore, we, the principal and Developers Surety and Indemnity Company
as surety, are held and firmly bound urlto the Clty pGff pFresno ("City"), In the penal sum of
One Hundred Twenty Nine Thousand Two Hundred&no/1DU dollars ($ 129.200.00 ) 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 aiteration 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 affect.
As a part of the obligation secured hereby and In addition to the face amount specifled
therefor, there shall be included costs and reasonable expenses and fees, including reasonable
attorney's Pees, 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 terns 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, alteratJon 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 t 20 07
Principal: AMCAL Sandsto und,L.P.Limit. a ership
By: !!11 �n `. p
(Principal) e^r23 ��MCPN� ���1.�1.-N4�r$inl� �YMe. �j
Sur
e
0mrkin,
s Suretyand Indemnity Company
By:-
(S
v J
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO 130\ 19725,IRVINE,CA 9262.3 (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:
***William Syrkin, Sergio D. Bechara, Leonard Ziminsky, Cloe Bierman, Rebecca Haas-Bates, Joan M. Wynn,
jointly or severally***
as their true and lawl'ul Attorney(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 Attorneys)-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 Atiorney(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:
RESOLVF,D,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 attorneys)named in the Powers ofAnomcy 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 ofAttorney:
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 hearing such facsimile signatures shall be valid and binding upon the corporation when%o affixed and in
the future with respect to any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF.DFi.VELOPCRS 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 I st clay of December, 2005.
Bv: „v.•AND ��'•. MPANY0
David H.Rhodes,Executive Vice-President 4c�,,.•••...... 4 ' �O �
J� O�POR�r FlyOp9,POR 4
C,
F :•
CA 2 ? OCT.5
;aT
' 10 :� w 1967
(3y. 1 9 3 6 0
Walter A.Crowell,Secretary ;7 /OWp ,, d 2 q<
/FOP d
>'0 .......... .
S"LATE OF CALIFORNIA
COUNTY OF ORANGE
On December I,2005 before me,Gina L.Gamer, Notary Public(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 names)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capecity(ies),and that by his/her/their signa(ure(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
N COMM.# 1569561
Si nature (SEAL) NOTARY PUBLIC CALIFORNIA
g ORANGE COUNTY
My comm,expires Mayr 13.2009
CERTIFICATE.
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power ofAttomey 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 St day of May 2007
By
Albert Hillebrand, Assistant Secretary
ID-1380(Rev. 12/05)
S-/.-ATf;Op, California
SS.
COUNTY OF Orange
On _ 05/01/07 _ before me, _ R.Haas-Bates, Notary Public
PERSONALLY APPEARED William Syrkin
personally known to me G�x�pp Kd�2lDf4D 6��U1¢K�2t� x #C
AX*IX C)to be the person')whose ncone(x)isIA2 subscribed to the
within instrument and acknowledged to me that hel Am*cxe.wcuted
the same in his/ly��iXauthorized capacin'(�).and thcu by his t x)-
signatnre(.j�on the instrument the person(YA,or the entity upon behalf 9 R. HAAS—BATES
r
of which the pc•rsnn(j�acted, executed the instrument. V COMM#1473993
NOTARY PUBLIC-CALIFORNIA O
R"ITAIESS in hand and official seal. g
COMM.EXP.DN.MARCH 2008
Signature
This area.lor Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER _
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT
{
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
r
r
On Z Z 0 67 before me, �c
Date " Name and Title of Officer(e`g.,"Jane Doe,Notary blic")
personally appeared ' (
Name(s)of Signer(s)
,
personally known to me
❑ (or proved to me on the basis of satisfactory evidence)
LINDA L.FARIA to be the person(&)whose name(s) is/are-subscribed to the
Commission#1579906
@,My
Notary Public-California within instrument and acknowledged to me that
los Angeles County he/sheAhey executed the same in his/hAr4heir authorized
Comm.Expires Jun 16,20091, capacity(jes), and that by his/herftfteir signature(s) on the
instrument the person-W, or the entity upon behalf of
which the perso*) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature ` [ 4��t`2__
Si
Signature of 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:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑General
❑ Attorney in Fact ❑Attorney in Fact .
❑ Trustee
Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91 31 3-24 02 Item No.5907 v609 Reorder:Call Toil-Free 14=-876-6827
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: 733360
Deposit Amount: $129,200.00 Maturity Date:
Depositor: AMCAL Sandstone Fund, LP Limited Partnership
Address: 30141 Agoura Road, Ste 100 Agoura Hills Ca 91301
Street City/State Zip
Job Address: PM 2006-18
Received By: Rose Saldivar, Public Works Engineering Date: 7/3/07
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.;733360
Premium included in Performance Bond
SUBDIVISION IMPROVEMENHT
PAYMENT BOND
Whereas, the City Councli of the City of Fresno, State of California, and
AMCAL Sandstone Fund,L.P.Limited Partnership _ ("principal")
have entered or will be entering into an agreement whereby the prindpal agrees to install and
complete certain designated public Improvements, which agreement, identified as Subdivision
Agreement for Parcel Map No. 2006-18 , 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 Me a good and sufficient payment bond with the City of
Fresno ("City") to secure the Balms 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 Callfornia.
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 of QnP H tndr d Twenty Nine Thousand Two Hundred & no/100 dollars
($126 200.00 ), 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.
L 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 Clvii Code, so as to give a right
of action to them or their assigns In any cult brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall became 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 bean duly executed by the principal and surety
above named, on May 1 . 20 07
Principal. AMCAL Sandstone Fund, .P.Limited Partnership
By: �*Trd Bt �(.
(Pnnclpal) e�>� (�wv(2cQ 1 (:j
Surety- Dev Surety and Indemnity Company
By:
� e
WilIAM Syrki- ttorney-in-Fact
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OFCALIFORNIA
PO BOX 19725,IRVINE.CA 92623 (949)263-3300
KNOW ALL MEN 13Y THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***William Syrkin, Sergio D. Bechara, Leonard Ziminsky, Cloe Bierman, Rebecca Haas-Bates, Joan M. Wynn,
jointly or severally***
as their true and lawful Attorncy(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 Attorncy(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 fill[power of substitution and revocation,and
all of the acts of said Atronrcy(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 attorney(s)named in the Powers of Auomcy 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.FURFHF•R,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 ot'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.
Bv• ,. �"AND11•/go." GQ�,9ANYpc
David H.Rhodes,[ixccutive Vice-President P R O
;•'yJ� 0VORq '••F4i'- O PO 9r 9
G rF''c�', ~ 2GCO
F i,
gam, OCT. 0967 r
a 10 cnE L0
10
1967 T.
13y: 1936 ,=� oy p
Walter A.Crowell,Secretary ;�7�•.• �OWP ,:oda' �</FORS
nnuoaa••••••
STATE OF CALIFORNIA
COUN'T'Y OF ORANGE
On December 1.2005 before me,Gina L.Gamer, Notary Public(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 ofsatisfactory evidence)to be the person(s)whose names)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hisAicr./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
N COMM.# 1569561
Si nature `� (SEAL) NOTARY PUBLIC CALIFORNIA
E ORANGE COUNTY
comm,expires May 13,2 9
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDE:MNfrY'COMPANY OF CALIFORNIA,
docs hereby certify that the ti regoing Power of Attoniey remains in full fierce 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,theist day of May 2007
13y
Albert Hillebrand, Assistant Secretary
I D-13170(Rev. 12/()5)
S1.4T1:Of California
SS.
COUNTY OF Orange
On 05/01/07 R. Haas-Bates,Nota Public
before me, — Notary
PERSONALLY APPEARED William Syrkin
persomdlV,known to nre ��pcxdc �tdtpC Gt�s4 {xZgl]t�}`�[ C
XX*& qc)to he the persoirk)whose"one(x)islAw subscribed to the
within instrument and acknowledged to me that heJ.sjq> ge.eecuted
the same in hi.s/7x-if g outJtorized cup(u•inl6irA),and that bY hist9tmYt6u)v-
signowr (.Yj on the instrument the person(-$J,or the entit.v upon behalf
of which the per.sont.)�acted,e.eeculed the instrument.
R. HAAS-BATES
WITNESS mn hand and e f ttcial seal. COMM.# 1473993
NOTARY PUBLIC-CAllfORtJIA a
ORANGE COUNTY
U (I
COMM.EXP.MARCH Z 2008.!
,Signutme hJ\ll8 n
This urea for gfticiul Notarial Seel
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(JES)
SIGNERS)OTHER THAN NAMED ABOVE
ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of-4
On Z. �Z before me
Date Name and Title of Officer(e. .,"Jane Doe,Notary P is")
personally appeared
611 Name(s)01 Signer(s)
*rsonally known to me
❑ (or proved to me on the basis of satisfactory evidence)
LINDA L.FARIA to be the persores�whose name(s)is/are subscribed to the
Commission# 1579906 z within instrument and acknowledged to me that
a
llotary Public-California he/shefhey executed the same in his/her�eir authorized
Los Angeles County
My Comm.Expires Jun 16.2009 capacity(igs), and that by his/he##1 teir signature(s) on the
instrument the persorf(s), or the entity upon behalf of
which the person o acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
Signature of 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _
❑ Attorney in Fact ❑Attorney in Fact •
El Trustee ❑Trustee
Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
0 2006 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827