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HomeMy WebLinkAboutPM 2010-02 - Cashier Memo - 6/25/2012 City of li, MEMORANDUM C�CI�\L� rn�7:_.VAgow DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: June 25, 2012 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR PARCEL MAP NO. 2010-02 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$171,000.00 2. Payment Bond in the amount of$90,000.00 3. Certificate of Deposit in the amount of$9,000.00 (California Bank&Trust) 4. Check in the amount of$33,102.00 (California Bank &Trust No. 1163) 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel C i r r Dr= FRESNO I?ISK MANAGEMENT' City Of MEMqgm!ffib M rn�o.=.-..kr r PM 4• 06 DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: June 21, 2012 TO: HEIDI BRIGGS Personnel Services Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: REQUEST FOR BOND APPROVAL FOR PARCEL MAP NO. 2010-02 Attached are original bonds required for the subdivision agreement for the Parcel Map. Please review the following bonds for conformity to City acceptance policies: 1. Performance Bond in the amount of: $171,000.00 2. Payment Bond in the amount of: $90,000.00 If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel PSK MANAGEMENT DIVISION It >prove; Approve �#C , ges: n CSS 1 - Signed !D_ate Bond No.; 1079776 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and DeWayne Zinkin, 7676 N.Van Ness Avenue Fresno,CA 93711 ('principal') will be entering Into an agreement whereby ptlncipaJ agrees to Install and complete certain designated public Improvements, which said agreement, identified as Subdivision Agreement for Parcel Map No, 2010-02 , Is hereby referred to and made a part hereof; and Whereas, principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Lexon Insurance Company as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of One Hundred Seventy-One and No/100 dollars ($ 171,000.00 ) 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 speclflcations. In witness whereof, this Instrument has been duly executed by the principal and surety above named, on _June 15 , 2012 Principa DeWa ne Zinkin By: - — ncipal) Surety: Lexon Insurance Company 3y. , (Surety) BonnilKJ.Wortham,Attorney-In-Fact Bond No.: 1079776 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and DeWayne Zinkin, 7676 N.Van Ness Avenue,Fresno,CA 93711 ("principal") have entered or will be entering Into an agreement whereby the principal agrees to Install and complete certain designated public Improvements, which agreement, Idendfled as Subdivision Agreement for Parcel Map No. 2010-02 , 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 Lexon 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 of Ninety Thousand and No/100 dollars ($ 90,000.00 ), 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 Nle claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civll 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 15, 20 12 Principal: DeWayne Zinkin By,.— (Principal) Surety' Lexon Insurance Company BY. I-L c l•urety) Bonnie J.Wortham,Attorney-In-Fact STATE OF Kentucky COUNTY OF Jefferson ] On June 15,2012 _--before me, _Jill Kgmp_ Notes_______ _ —tit-le--of __ (here insert name and title of the officer) u personally appeared Bonnie J.Wortham,Attorney-In-Fact for Lexon Insurance Company 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/herRheir 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. Signature (SEAL) Jill Kemp, Notary My Commission xpires: 11/29/2015 This area for 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 U TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEFISON(S)OR ENn TY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-1232(REV.10/06) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY . Lexon Insurance Company �x - 056151 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appolntbrook T.Smith,Kathy Hobbs,Raymond M.Hundley,Jason D.Cromwell,James H.Martin,Sandra L.Fusinetti,••••'*' Myrtie F.Henry,Deborah Neichter,Jill Kemp,Jackie C.Koestel,Sheryon Quinn,Dawson West,Bonnie J.Wortham,Amy Meredith,Lynnette Long,Barbara Duncan** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 4,000,000.00 Four million dollars dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IIV WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 21 st day of September, 2009. LEXON INSURANCE COMPANY \�.'�p.AN CFo O A1. Op TEXAS D X: INSURANCE t� til, COMPANY ;•� BY David E. Campbell ............ President ACKNOWLEDGEMENT On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAM" I MAUREEN K.AYE Notary Public,State of Illinois �- My Commission Expires 09/21/13 Maureen K.Aye CERTIFICATE Notary Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Woodridge, Illinois this Day of 20 . �RANCF A 0�•.� TEXAS •'�D INSURANCE CD COMPANY Philip G. Lauer Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading, information concerning any fact materi- al thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties" LX2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of Calif rnia County of yy]] ) On 12-6,( before me, fiDate Here Insert Name and Title ofAe Officer personally appeared ! Name(s of Signer(s) I who proved to me on the basis of satisfactory evidence to be the person( -whose name(,,4As/� subscribed to the within instrument and acknowledged to me that he/spefthe_.executed the same in his/f�theix-authorized ca.paoity(i , and that by MARY K.COPE his/hwAhetr- signaturejs)- on the instrument the Comm.#1803613 f- persons} r the entity upon behalf of which the NOTARY PUBLIC RESNo couNrr person(s) acted, executed the instrument. cn MY COMM.E)T'IRES JUNE 24,2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Ind a d official seal. Sign OPTIONA _ Place Notary Seal Above Signature of Notary Public L 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: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): Q Individual ❑ Individual _ D Partner—; :Limited ❑General Top of thumb here Ll Partner— 1 Limited C_7 General Top of thumb here � I ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 6, wzw cwrsa.-�v�w�r� - X�..Rsw�xam ©2010 National Notary Association•National Nota ry.org•1-800-US NOTARY(1-800-876-6827) Item 45907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �.t:e°.cr.�;cc:ar:�..:�.�.rcrc:ecoc;�.rrnorrcrc�-.cre:F�.m.�:c.t:rc;c;:rmrrc:cr.ocr.�:re:c,c-c>.i;c.m.�:c�.�:rcr.,c.�•x;r;�:��.rrc:c.,Ft..cso, a. r' F State of California County of r O before m'�Jn4 4 IF �+1-� Date Here sert Name and Ti e of the Officer personally appeared _ A_ Name(s)of Sign who proved to me on the basis of satisfactory evidence to be the person whose name(s}-is/firer subscribed to the within instrument and acknowledged to me that he/s0r5/tge - executed the same in his/i*/thiauthorized capacity0s), and that by MARY K.COPELAND his/her/th signature.(s}-on the instrument the Comm.#1803613 1-- perso:n(arbr the entity upon behalf of which the NOTARY PUBLICCAUFORMA U) person acted, executed the instrument. ` FRESNO COUNTY C0 W COMM.EXPIRES JUNE 24,2012r, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hnd official seal. fi Signature: } Place Notary Seal Above ga re of Notary Public OPTIONAL ` Though the information below is not required by law, it may prove valua le 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: ❑ Corporate Officer—Title(s): C Corporate Officer—Title(s): C Individual RIM1,110 ❑Individual ❑ Partner—11 Limited ❑General Top of thumb here ❑Partner—I_I Limited ❑General Top of thumb here 171 Attorney in Fact ❑Attorney in Fact ❑ Trustee C)Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: I f Signer Is Representing: Signer Is Representing: i Gt 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item 45907 Company Profile Page 1 of 1 Company Profile LEXON INSURANCE COMPANY 10002 SHELBYVILLE ROAD, SUITE 100 LOUISVILLE, KY 40223 Agent for Service of Process KAREN HARRIS, C/O CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO,CA 95833-3505 Unable to Locate the A emt for Service of Process? Reference Information NAIC #: 13307 NAIC Group#: 348,$ California Company ID#: 5113-6 Date authorized in California: June 02, 2008 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: TEXAS 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 glossary. SURETY Company Complaint Information Company Enforcement Action Documents Gom"pmy Performance&_Co�arison Data Composite Complaint Studies Want More? Hel-p Me Find a Company Representative in My Area Last Revised-June 05,2012 12:07 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=106... 6/25/2012 Ul AUTOMATICALLY RENEWABLE < C B CALIFORNIA BANK Q U TausT TRUST I- ISSUED AT FRESNO MAIN BRANCH OFFICE FRESNO CA DATE MAY 30TH, 2012 w (CITY OR TOWN) (STATE) U DEWAYNE ZINKIN 1340023023 V O (CUSTOMER NAME) (CUSTOMER NUMBER) **NINE THOUSAND DOLLARS AND N0/100*********************** ** DOLLARS e*9,000.00** a LU CITY OF FRESNO m HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK & TRUST PAYABLE TO OR ORDER UPON MATURITY = Q ulAS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS 4 0 UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS Q RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR (B) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDEREDDR PAYMENT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF •�i %PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK.THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE,TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE OPS-1(05/09) 33-F NEES PROF/RETAIL 1340446161 Date Reference Grass -. .- lscou - Net 06/18/2012 Parcel Map aqmt 2010-02-Subdivision fees-McCormick $33,102.00 $0.00 $33,102.00 Check N;imber 1163 Payee ID C T YFRSPE.RM 533,i 02,Q0 _ _ 53. ,102,80 Check Date L'13511&21312 Payee Name CITY OF FRESNO Permits&Cer! Occup we Mgt F NESS-PROF/RETAIL y' F CALIFORNIA EBANK:&TRUST � '���"R. • 7060 N FRESNO STREET S w F NEES PROF/RETAIL NFRESNO, CA 93720 5 RIVER PARK PLACE WEST STE 203 FRESNO,CA Check Date Check Number l Amount 1 06118/2012 -_ 1163 I ***$33,102.00*** = E PAY Exactly Thirty Three Thousand One Hundred Two Dollars And No Cents VOID AFTER,180 DAYS TO THE CITY OF FRESNO _ - ORDER 2600 Fresno Street OF FRESNO, CA 93727 � p 11'0000 1 1 6 311' 1: 1 2 100 204 21: 11 L'0 L' I 1119 Account Number: 1340023023 Security Amount: $9,000.00 ASSIGNMENT (Early Issuance of Building Permit Agreement) SECURITY FOR: DEWAYNE ZINKIN hereinafter called ASSIGNOR, whose principal place of business is: 5 E. RIVER PARK PLACE WEST, SUITE #203, FRESNO, CA 93720 Street City State Zip Code do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title and interest of whatever nature, of assignor, in and to the insured account of assignor in the CALIFORNIA BANK & TRUST, 7060 N. FRESNO ST. , FRESNO, CA 93720 evidenced by CERTIFICATE OF DEPOSIT in the amount of $ 9, 000-00 Number 1340023023 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for PERFORMANCE SECURITY PURSUANT TO SUBDIVISION AGREEMENT FOR PARCEL MAP NO. 2010-02 , including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assignment. Dated this 24TH day of MAY, 2012 Name &-r' of A V605r DEWAYN50VZINKIN RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold, claim or obligation of the above-identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this 30th day of MAY 1 MM,2012 CALIFORNIA BANK & TRUST 7060 N FRES 0 ST FRESNO CA 93720 Bank Name Branch I-Ocaviov, it State By: Nameitle of Officer MARGIE HILLS VP & BRANCH MANAGER