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HomeMy WebLinkAboutPM 2007-15 - Cashier Memo - 10/29/2008 City of MEMORANDUM PLANNING&DEVELOPMENT DEPARTMENT* PLANNING DIVISION •2600 FRESNO STREET-FRESNO,CA 93721 c� DED DATE: October 2, 2008 OT 27 TO: ROSE SALDIVAR PlanriirrgDli inion Public Works Department gar n)T7g&Deve)0 merit Det�i CITY OF FgZ�SNO FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: SUBMITTAL OF FEE PAYMENT FOR PARCEL MAP NO. 2007-15 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$267,000.00 2. Payment Bond in the amount of$267,000.00 3. Check in the amount of$42,086.86 (Union Bank of California No. 6250) a. This amount includes the 5%on Exhibit A and the Exhibit B fees 4. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. 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No: 20-SUR-201147 Deposit Amount: $267,000.00 Maturity Date: Depositor: Name: Mid State Investors, LLC Address: 5067 N Mariposa Fresno CA 93711 Street City/State Zip Job Address: PM2007-15 Received By: Rose Saldivar, Public Works Engineering Date: 10/3/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By: Name. Date Released By: Nam Type of Release: Mailed Nand Delivered' Date 1 acknowledge receipt of the above referenced instrument: _ Signature: Date Comments: Bond No.: 20—SUR-201147 Premium: $5,840.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Mid State Investors, LLC ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for Parcel Map No. 2007-15 _, is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and American Safety Casualty Insurance Company as surety, are held and firmly bound unto the Ci of Fresno ("City") in the penal sum of Two Hundred Sixty—Seven Thousand & no/100 dollars ($ 27,000.00 ) 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 witne a f, this instrument has been duly executed by the principal and surety above na d, n e tember 30 , 2008 Prind :Mi S a eItInvestors, LLC By: Surety: American Safety Casualt surancP Company By: (Surety) Anthony F. Angelicola Attorney—in—Fact f T V MA SII! Ir NUMBER 2.0-SUR-201147 AMMMSlrmrfrrrartlata it Miff "� that anerican Sl"164 Casualty Insurancp Ooinpany catktatuted a4appeiin#d toed by thme prsseutft dors to*e, a rte agdl pp _ _ its true and lawful altorney-in-fact,for it and it;name,place,and stead to execute on behalf,of the said Company,as surety, bonds.,undertaking and contracts of suretyship to be given to ALL OBLIGEES, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in mnoumt the sum of " p !&A ITI Two Hundred Sixty Seven Thousand Dollars ($267,000.00 j '['his Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company mi the Eighth day of September,M. .0 RESOLVED,that the President in conjunction with the Secrelary orany Assistant Seery rimy appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the Company.to execute and deliver and affix the seal of the Company to bonds,undertakings, recogteizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER,that any bond.undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: ' (i)when signed by the President or any Vice-President and attested and sealed(if a seal be requires!)by any Secretary or Assistant Secretary or(ii)when signed by the President or any Vice-President or Secretary or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent:or(iii)when duly exeatted send sealed(if a seal be required)by one or more attorney-in-fact or agents pursuant to and within the lienor of the authority evidenced by she power of attorney issued by the Company to such peron or persons. 1� RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may he affixed by facsimile to any power of attorney or certification thereof autholizing the executions and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall hive tt•.e sante force and affects as though manually affixed. LN WITNESS WERRE01',American Safat}t Casualty Insurance Company has caused its oftirial seal to bc:hereunto affixed,and these,presents to be signed by its President and t' attested by its Secretary this Eighth day of September,2003. tam...' .� 1E .i;cY+g�Ski �,.• SL. Stephen R.Crim.President Randolph L.Hutto,Secretary STATE OF-_GEORGIAWE � � - � i j T r cels se_ _ — On this Eighth day of September',2003,before me personally came:Stephen R.Crim,to the known,who,being by me duly sworn,did depose and say that he is the President of American Safety Casualty Insurance Company,the corporation described in and which executed the above instromenr„drat he knows the seal of the said corpomdon:that site seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Dirretors of said corporation and that he signed his name thereto by like order. . y J1•''u°Cooq :t!„OIA*, " 7F liar -s'r7��?,p4r` Ruth .t3ankston,Notary Yablic .B Lt: 1 9gr„nrdq 1, rhe undersigned, Secretary of American Safety Casualty ln3urance Company, a Delaware cosporannn, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney reinains in full(once and teas not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in fotce. sti . 30th September 2008 Signed and Sealed at the City of Atlanta,in the State of Georgia. t.$;,,� Datcd the day of P _- —IKE ___ _ Herto.Secre4ryr_ N#4UT OP.MIN l!_S OG THIS POtl7:ht O('••t l'1'OR:\'EI'. Rl:F'Rl.t'TEI]!{?TIf R1i17:�'C';1IERIC 11,,1"L;1f6tF.7�C. DUPLICATESSILILL H.t I E`M S:I I[L'FORCE.1 ND EFFF(T:iSAV?)RIG1:1--4LO•�'1.}'I17fF:4'LSSt E'J L1'C0.1:TL'.�'C'TIU.�'ll7TH THE 01i'IGLNAL A11T iw1 C W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Sept.30,2008 before me, Maureen E. Schmidt,notary public Date Here Insert Name and Title of the Officer personally appeared Anthony F. Angelicola Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/= subscribed to the within instrument and acknowledged to me that he/ibmiRmy executed the same in his/hrii1beir authorized capacity0e4 and that by hislba9t eir signature(s) on the MAUREEN E. SCHMIDT instrument the person(so, or the entity upon behalf of U COMM.#1788877 s NOTARY PUBLIC-CALIFORNIA ►n which the P erson( ) acted, executed the instrument. SAN FRANCISCO COUNTY n COMM.EXPIRES FEB,11,2012" 1 certify under PENALTY OF PERJLIRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above �^ 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 • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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: American Safety Casualty Insurance Company Certificate/Acct. No: 20-SUR-201147 Deposit Amount: $267,000.00 Maturity Date: Depositor: Name: Mid State Investors, LLC Address: 5067 N Mariposa Fresno CA 93711 Street City/State Zip Job Address: PM2007-15 Received By: Rose Saldivar, Public Works Engineering Date: 10/3/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By: Name Date Released By: Name Date Type of Release: Mailed Hand Delivered Date Date I acknowledge receipt of the above referenced instrument: Signature: _ _ Date_ Comments. Bond No.: 20—SUR-201147 Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Mid State Investors, LLC ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for Parcel Map No2007-15 , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal andAmerican Safety Casualty Insurance Company as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum ofTwo Hundred Sixty—Seven Thousand & no/100-- dollars ($ 26 7,000.00 ), 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 witnessreof, this instrument has been duly executed by the principal and surety above name Se tember 30 20 0� Principal• i e Investors, LLC By: �751i�. (Princl Surety: American Safety Casual Insurance Company By: (Surety) Anthon . Angelicola Attorney—in—Fact t� dam, +o + 4 NUMBER' - 20-SUR-201147 POWER OF ATTORIN•EY AatsaritttSYnvllrsrwurra _ LMC}H(Vlf Ate,NI PCFf lFfi> Fl`5,that American Saf�g(a a�trssuramce Company 1$s tgatle.constituted and apptsiuted artd ry these esctis d= . constitute and appoints Anth Angelfico�a its true and lawful attorney-in-fact,for it and its name,place,and stead to execute on behalf of the said Company,as surety,bonds.,undertaking,and contracts of suretyship to be given to ALL OBLIGEES, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of q 0-HIP l Two Hundred S' ty,Seve.n Thousand '0bllars ($267,000i,00, This Power of Attorney is granted and is signed and sealed by facsimile under and by(he authority of the following Resolulicra adopted by the Board of Directors of the'eo7npany on the Eighth day of September.2003. RESOLVED,that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined or limited in the instrurnent evidencing the appointment in each case,for and on behalf of the Company,to execute and-deliver and affix the seal of the Cornpany to bonds,,undertakings, tecognizanees,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or Agent and revoke any power of arrorney previously granted to such persons. ; RESOLVED FURTER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company: wwtets signed ls} th4 Pt EoraUy Vk Resident andRttested aad-•seaiedl if a scnlbe required)lyarty e�xcLu �r rsranf ecretery o> i}whm signed by the Ptesidene - oat'lreo-ftcsideot�tu r —oar Attsistant Secaetaryr abrdl conintersigncd and sealed l3'a seal Muir ad)try_a dui 'art t]ze n n-Wi or a or(iii) In 4a1y- exp caul aped(t deal be ti }utrt by Fxne or mi atWtiitl-fan nr ageniant to arid�vithnrni{�tithe atithali clridcnecd.by the power of anomey issued -by'e'tor�nY io such person or persons. -~ - _ - RESOLVED FURTHER,that the signature of any authorized officer and the Kcal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the executiom and delivery of any bond,tmdcrtakirng,recognizance,or nther suretyship obligations of the Company;and,such signature and.seal when.so used shrill have the same force and affects its though manually affixed. IN WITNESS WHEREOF,American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed,and these presents to be signed by its President and attested by its Secretary this Eighth day of September,2003- . - ,pwuNi Attest: tib a'}s.{b `k Stephen R.Crim,President Randolph L Fkinu.-fie:�retary �.-..• � - - STATE OF GEORGIA `z _ COUNTY OF COBB } „ "MPMW so 41 MIR On this Eighth day of September,7003,before me personally,carrte Stephen R.Crim,to me known,who,being,by me duly sikn.did ftcp a artNiay ihailm is ibe President of �! American Safety Casualty Insurance Company,the corporation described in and which executed the above insttumcirL that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of D1rectm of said cospovration and that he signed his nate thereto by like order. y4. Ruth A.Bankston,Notary Public I, the undersigned. Secretary of"American Safety Casualty Insurance Company, a Delaware cotporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attnt-.,ey remains in full force and Has not been revoked;and rurthermore That the Resolution of the Beard of Directors,set forth in the said Power of Attorney,is now im force:. Signed and Sealed at the City of Atlanta.,in rhe State of Georgia- Dated the 30th &y of September 2008 ,a:ci... .. s - �. HIM& _ ORIGIN ILS GF THIS 1n)TI-ER t]K ITI r>_rfNFI-AREPRINTF.0 It_MI RI'D.VU.1IFR1C:dL:Vi.UBEXSG DUI'LMATESS11 ILL HAI F.TFIF.'. :a 1,fEFORC't .t+rTt F.lIG(T tri.Lt'C]lflC;I:V.dL 0.1'L,i f0'L11':�IS3'['EI>l,VC'f);1'lt-jL'Tffla!f'ICI1 TfIF'rTRIl�1.V,lL, trH siJid tart i+t4'r' ilatt r �f- -�f�t Abik 'k 0.47OUD&I tnu CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Sept.30,2008 before me, Maureen E. Schmidt,notary public Date Here Insert Name and This of the Officer personally appeared Anthony F. Angelicola Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/ablaii1 y executed the same in his/hoNxiir authorized capacity(i * and that by hisHoadbheir signature(* on the instrument the person(*, or the entity upon behalf of ,.swhich the person(s) acted, executed the instrument. AiJ MREEN E, SCHMIDT M,#188877 to a NOTAR PUBLIC?CALIFORNIA +n 1 certify under PENALTY OF PERJURY under the laws SAN FRANCISCO COUNTY 0 of the State of California that the foregoing paragraph is a. COMM,E)IRES FEB,11,2012 J true and correct. WITNESS my hand and official seal. SignatureX2_Place Notary Seal Above 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—Titfe(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: C2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item 05907 Reorder:Call Toll-Free 1-800-876-6827 Company Profile Page 1 of 2 Company Profile AMERICAN SAFETY CASUALTY INSURANCE COMPANY 100 GALLERIA PKWY, S.E., SUITE 700 ATLANTA, GA 30339 800-388-3647 Former Names for Company Old Name: TIC INDEMNITY COMPANY Effective Date: 05-23-1995 Old Name: TICOR INDEMNITY COMPANY Effective Date: 01-14-1992 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Anent for Service of Process? Reference Information NAIC #: 39969 NAIC Group #: 1346 California Company ID #: 2860-5 Date authorized in California: January 12, 1983 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: OKLAHOMA Dines 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 glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LIABILITY MARINE SURETY WORKERS' COMPENSATION http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get co proPp EID=6596 10/2/2008 Company Profile Page 2 of 2 Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company__Repre_s_e_ntatiye inMy_Area Finane.ial__Rating..Organizations Last Revised-June 27,2008 09:13 AM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get co prof?p EID=6596 10/2/2008