HomeMy WebLinkAboutPM 2006-27 - Cashier Memo - 11/1/2007 City of
MEMORANDUM
DATE: June 19, 2007
TO: Rose Saldivar !,•;VCENED
D
Public Works Department
FROM: PATRICIA DIEP » G Ahd
Planning & Development Department, Planning Division [ P7,1 ENT
SUBJECT: SUBMITTAL OF SECURITIES FOR PARCEL MAP NO. 2006-27.
ATTACHED PLEASE FIND'rHE FOLLOWING ITEMS FOR PARCEL MAP NO. 2006-27.
1. Performance Bond in the amount of$100,000.00
2. Payment Bond in the amount of$52,500.00
3. Check in the amount of$10,114.00 (Pacific Western Bank No. 1380)
4. Check in the amount of$5,000.00(Pacific Western Bank No. 1365)
4. Copy of the Subdivision Agreement for Parcel Map No. 2006-27.
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,
Patricia Diep
ReportID: ZGLCO210 City of Fresno Page No. 1
Daily Receipt Report Run Date Jun/20/2007
Run Time 8:33:49 AM
Business Unit: FRSNO
Deposit Id: 33600683
Acct Date: 6/20/2007
Type/Method: CashDep / Check&Cash
Assign to WAYNEG
Journal
Acd Fund Ort; BP PC BU Prj/Grt .. .. Activity Id` Res Type Pn%ment Id Line Descr
Amount
32221 10101 180423 2007 PWDAILY INSPECTION NON-SUB-CM 162130 -175.00
32221 10101 180201 2007 PWDAILY P/W SURCHARGE-CM 162130 -20.00
22900 63509 180201 2007 PWDAILY SUBDIVISN AGMT PRCL 2006-07 -5,000.00
34579 10101 180422 2007 PWDAILY MONUMENT CHECK FEE-2006-07 -200.00
22900 63532 180201 2007 PWDAILY LOCAL DRAINAGE FEES-2006-07 -9,914.00
10110 10101 2007 PWDAILY INSPECTION NON-SUB-CM162130 175.00
10110 10101 2007 PWDAILY P/W SURCHARGE-CM 162130 20.00
10110 63509 2007 PWDAILY SUBDIVISN AGMT PRCL 2006-07 5,000.00
10110 10101 2007 PWDAILY MONUMENT CHECK FEE-2006-07 200.00
10110 63532 2007 PWDAILY LOCAL DRAINAGE FEES-2006-07 9,914.00
Total Lines: 10 Totals Debits: 15,309.00 Totals Credits: -15,309.00
End of Report
• s
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: Indemnity Company of California
Certificate/Acct. No: 569758S
Deposit Amount: $100,000.00 Maturity Date:
Depositor: Name: 1240 Palmetto, LLC a Nevada Limited Liability Company
Address: 3100 Donald Douglas Loop North #107, Santa Monica, Ca 90405
Street City/State Zip
Job Address: PM2006-27
Received By: Rose Saldivar, Public Works Engineering Date: 6/20/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By: _
Name aY _ Date
Released By:
Name Date
Type of Release: Mailed Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
t .
Bond No.: 569758S
Premium: $3,000.00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and 1240 Palmetto, LLC,
a Nevada Limited Liability Company, ("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. Parcels A through D,
Inclusive, of Parcel Map No. 2006-27, 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 Indemnity Company of California, as surety, are held
and firmly bound unto the City of Fresno ("City"), in the penal sum of One Hundred Thousand
and NO/100********************** dollars ($100,000.00) 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 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 June 12, 2007.
Principal: 1240 Palmetto, LLC,a Nevada Limited Liability Company
BYPr
4nci )
Surety: Inde Company of California
By:_
(Surety)4rlustin Smit—Attorney-in-Fact
V
E
STATEOF California
COUNTY OF Fresno ]
On /� C ,before me, Roberta Voss, Notary Public
(here insert name and title of the officer),personally appeared Justin Smit
personally known to me )to be the person=whose nameJ4is✓drr�
subscribed to the within instrument and acknowledged to me that hel_Voonexecuted the same in hisll authorized
capacity(i)W, and that by hisXMM signatures on the instrument the person(,A,or the entity upon behalf of which the
person(,V acted,executed the instrument.
WITNESS my hand and official seal.
/ - ROBERTA VOSS
Signature (SEAL) COMM. #162287
NOTARY PUBLIC-CALIFORNIA
FRESNO1Q,2010
�Y Cwr�m.
This area for Urficial 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.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
y
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
***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 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 Attorney(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 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.
..n...........
By: ,.��:I AND �Hp'•, OMP AN Y O.c
David H.Rhodes,Executive Vice-President
�.yJQ-.• .........
�p01pgT,Faj ��G OPPOR,9�9
? G OCT. •e< 2 `� OCT.5
a' 10 = w 1967
�o , 1936
By.Walter A.Crowell,Secretary .ADW A,.••:'A •' Og4IFOR�\P a\
dp ...
STATE OF CALIFORNIA
COUNTY OF ORANGE
On December I,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 names)is/are subscribed to the within instrument and
acknowledged to me that he/sheJtbey 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.# 1W9561
Signature (SEAL) 3 NOTARY PUBLIC CALIFORNIA
ORANGE COUNTY
My comma expires May 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 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 day of JU-'"1 `f
By
A
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: Indemnity Company of California
Certificate/Acct. No: 569758S
Deposit Amount: $52,500.00 Maturity Date:
Depositor: Name: 1240 Palmetto, LLC a Nevada Limited Liability Company
Address: 3100 Donald Douglas Loop North #107, Santa Monica, Ca 90405
Street City/State Zip
Job Address: PM2006-27
Received By: Rose Saldivar, Public Works Engineering Date: 6/20/07
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.: 5697585
Premium Included in
Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and 1240 Palmetto, LLC,
a Nevada Limited Liability Company ("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.
Parcels A through D, inclusive, of Parcel Map No. 2006-27, 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 Indemnity Company of California, as corporate surety, are
held firmly bound unto the City of Fresno 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
Fifty Two Thousand Five Hundred and NO1100*************** dollars ($52,500.00), 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
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 June 12, 2007.
Princi 12 metto, LLC, a Nevada Limited Liability Company
B '
r cr
J
Surety: Ind m ity Company of California
By:
(Surety ustin Smit—Attorney-In-Fact
STATE OF California
COUNTYOF Fresno ]
On (,o /--7- L% 7 before me, Roberta Voss, Notary Public
(here insert name and title of the officer),personally appeared Justin Smit
personally known to me )to be the person=whose nameM isvm
subscribed to the within instrument and acknowledged to me that hem executed the same in NMARUW'authorized
capacity(i)W, and that by hist signature(N)on the instrument the person( or the entity upon behalf of which the
person(X acted, executed the instrument.
WITNESS my hand and official seal.
ROBERTA VOSS
Signature (SEAL) COMM. #1632287 —'
NOTARY PUBLIC-CALIFORNIA
"L-9 FRESNO COUNTY
M Comm.Expires Jan.19,2010
This area for Official Nolarial 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. 17/05) ALL-PURPOSE ACKNOWLEDGEMENT
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:
***Matt DeFendis, Roberta Voss, Justin Smit, jointly or severally***
as their true and lawful 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 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 Attorneys)-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 I st day of December, 2005.
,.......-N .,,,"
By.—(:]
David H.Rhodes,Executive Vice-President •,.��(�AO./iy�'',.��� GOMPAN y O�
•.•'yJ.40RP0RgTGOPPOgq�9
a 5 OCT. enc_ OCT.5 �0
a 10 n 5 M 1967 0
By. Z 0 : 1936 a0r o,L 0
Walter A.Crowell,Secretary s,7� ,/pW p,.fid, </FOPC�
STATE OF CALIFORNIA
COUNTY OF ORANGE
On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personalty 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.# 1569561
NOTARY PUBLIC CALIFORNIA
(SEAL)) 3 ORANGE COUNTY v
MY comm expires Mme r 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 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_k day of _ Q e I .
By
Albert Hillebrand, Assistant Secretary
ID-1380(Rev. 12/05)