HomeMy WebLinkAboutPM 2007-03 - Cashier Memo - 1/26/2009 City of MEMORANDUM
PLANNING & DEVELOPMENT DEPARTMENT- PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721
DATE: January 13, 2009 LE�[E YY IE _
TO: ROSE SALDIVAR JAN 2 ?Pnq
Public Works Department Planning Divis;crt
Planning &Develac, _7 4 Dept
FROM: JONATHAN BARTEL CITY OF FRESNO
Planning & Development Department
SUBJECT: SUBMITTAL OF FEE PAYMENT FOR PARCEL MAP NO. 2007-03
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$207,100.00
2. Payment Bond in the amount of$109,000.00
3. Check in the amount of$10,900.00 (Washington Mutual No. 1140)
4. Check in the amount of$200.00 (Union Bank of California No. 5692)
5. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8076.
Thank yo
Jonan Bartel
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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: 884598S
Deposit Amount: $207,100.00 Maturity Date:
Depositor: Name: Central Plaza Shopping Center, LLC, a California Limited Liability Company
Address: 575 East Locust Ave, Ste 203 Fresno, Ca. 93720
Street City/State Zip
Job Address: PM2007-03
Received By: Rose Saldivar, Public Works Engineering Date: 1/13/09
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
..,. ,... e,.�
Name _ :.. . . . ...:......� ._:_Date
Released By:—
Mame Date
Type of Release: Maii6d wag and Beisvered
I acknowledge receipt of the ave"referertcec irstrumeh . T
Signature" Date
Comments: .. r
Bond No.: 884598S
Premium: $6,213.00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and Central Plaza
Shopping Center, LLC, a California 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 F, Inclusive, of Parcel Map No. 2007-03 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 unto the City of Fresno ("City"), in the penal sum of Two Hundred
Seven Thousand One Hundred and NO/100"*"""" dollars ($207,100.00) 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 December 8, 2008.
Principal: Central Plaza Shopping Center, LLC, a California Limited Liability Company
By:_
(Principal)
Surety: Develo er- Surety and Indemnity Company
By:
(Surety) a in Smit—Attorney-In-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Fresno }
I
On (1 Y before me, Roberta Voss, Notary Public
ate ere Insall Name and Thlo of the Offlcer
personally appeared Justin Smit
Name(s)of Slgner(s)
who proved to me on the basis of satisfactory evidence to
be the person(4 whose name(A Is subscribed to the
ROBERTA VOSS within instrument and acknowledged to Me that h�
executed the same in hls/)XD(V=authorized capacltyjo=
comm. #1632287 and that by hlsfR§y)�slgnatureig on the Instrument the
CNOTARY PUBLIC�CALIFORNIA persons, or the entity upon behalf of which the persona
t— B FkR5NO COUNTY acted,executed the instrument.
r My Comm.�xpites Jan. 19,X010
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph Is true
and correct.
Witness my andy�d official seal,
Signature /
Place Notary Seal Above Signature N aryPu
OPTIONAL
Though the Information below is not required bylaw,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 Bate: Number of Pages:
Slgner(s)Other Than Named Above:
Capaclty(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—T1tle(s): ❑ Corporate Officer—Tltle(s):
❑ Partner---❑Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee rop❑ Guardianor Conservator Top of thumb here ElGuardian or Conservator 7here
❑ Other: ❑ Other:
Signer Is Representing: Signer is Representing:
02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 81313.2402-www.NaknaiNotaryorg Item 85907 Fleorder.Cal Toll-Free t-800-876-6827
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, ]ustin 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 surety-
ship giving and granting unto said Attcmey(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 ads 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 fallowing 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 attamey(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 Attomey 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 SURETYAND 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.
Syr: �:bWwiMrrx
��' ANfx"''� ?AN Y
Stephen T.Pate,Senior Vice President
By. ro
n 1' 3: csJ. 7 9Fr7
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
personally appeared Stephen T.Pate and Charles L.Day
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Islare subscribed to
<;:• ;�,T;;:.,Y a;_ the within Instrument and acknowledged to me.that helshe/they executed the same In hLs/hedtheir authorized
CH
capacity(les),and that by hislhedtheir signature(s)on the Instrument the perscn(s),or the entity upon behalf of
TH +t7 which the person(s)ailed,executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Carrfomia that the foregoing paragraph Is
7 •, P.
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 Attorney,are In force as of the date of this Certificate. / J
This Certificate Is executed in the City of Irvine,Cafifomia,the r T `day of f -t-t' "
By:
Albert Hillebrand,Assistant ecretary
ID-1380(Wet)(Rev.07107)
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: 884598S
Deposit Amount: $109,000.00 Maturity Date:
Depositor: Name: Central Plaza Shopping Center, LLC, a California Limited Liability Company
Address: 575 East Locust Ave, Ste 203 Fresno, Ca. 93720
Street City/State Zip
Job Address: PM2007-03
Received By: Rose Saldivar, Public Works Engineering Date: 1/13/09
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name i 1 >d Date
W.
g�
.Released By:
e
Type of Release y.,
Dat' 7at'
I acknowledge receipt of the above°re ererice iris rument.
Signature. _ Date
Comments:.
Bond No.: 8845985
Premium Included in
Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and Central Plaza
Shopping Center, LLC, a California 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 F, Inclusive, of Parcel Map No. 2007-03, 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 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
One Hundred Nine Thousand and NO/100*i'************* dollars ($109,000.00), 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 December 8, 2008.
Principal: Central Plaza Shopping Center, LLC, a California Limited Liability Company
By:
(Principal)
Surety: Develo e s Surety and Indemnity Company
By:
(Surety Ju tin Smit—Attorney-In-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Fresno
On r 2' V before me, Roberta Voss NotaPublic
Date ere Insert Name and Title of the Officer
personally appeared Justin Smit
Name(s)of Slgner(s)
who proved to me on the basis of satisfactory evidence to
be the personoo whose name(;) Issubscribed to the
within Instrument and acknowledged to Me that heOngM
executed the same In hist{authorized capacity
and that by hlsi i {slgnatureA on the Instrument the
ROBERTA VOSS personj,or the entity upon behalf of which the persona
o_"
COMM. #1632287 acted, executed the instrument.
NOTARY PUN!IC•CALIFORNIA ` I certify under PENALTY OF PERJURY under the laws of
ca
FRESNO COUNTY y
> ,My Comm.Expires Jan.19,2010 the and correct.
{f California that the foregoing paragraph Is true
Witness myand, d ofjicial.seal,
Signature Xr( '�
Place Notary Sea[Above Signature t Notary PuMlc
OPTIONAL
Though the Information below is not required bylaw, 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 Signer(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 ❑ Trustee
❑ Guardfan or Conservator I Popof thumb ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer is Representing:
0 2007 National Notary Assodation-9350 Do Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402-wAw.NationalNotaryorg Ilam 86907 Reorder,Cal Toq•Free 1-800-878-6827
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
kMatt DeFendis, Roberta Voss, Justin Smit, jointly or severally***
as their true and lawful Attamey(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 Attamey(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 adapted 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 Attomey 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 SURETYAND 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.
yywn�n.r'
BYE'S f�'N, ✓Na ypAty 1'
Stephen T.Pate,Senior Vice President
1, L z
By' �o 1836 X
Charles L.Day,Assistant Secretary
State of California '�''hin,nos,i•'�'� *.
County of Orange
On January 1st,2008 before me, Christopher J.Roach Notary Publc
Date Here Insert Name and Title of the Officer
personally 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 perscn(s)whose name(s)is/are subscribed to
< .F r =. the within instrument and acknowledged to me.that helshelthey executed the same in hislhedtheir authorized
capacity(ies),and that by hislherAheir signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(sj acted,executed the instrument
' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is
R
hue and correct
-f�+oaerlttx�rpCt6� • -�E;!'F'f,'
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 farce 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. 7 ,�
This Certificate is executed in the City of Irvine,California,they day of
By:
Albert Hillebrand,Assistant ecretary
ID-1380(Wet)(Rev.07107)