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HomeMy WebLinkAboutT-5229 - Cashier Memo - 10/20/2006 City of PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section zcOs DATE: September 22, 2006 TO: ROSE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: RICK SOMMERVILLE, Supervising Engineering Technician Development Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5229/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5229/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5229/UGM. 2. A Bratton Investments company check in the amount of$77,289.06 representing total fees and charges due final map as noted of page 4 of 4 of the itemized Exhibit "B" at the rear of subdivision agreement. 3. A Bratton Investments company check in the amount of$ 9,000.00, which represents the five percent Performance Security, as noted on page 1, of Exhibit "A' at the rear of said subdivision agreement. 4. City's Faithful Performance Bond in the amount of $ 163,000.00 5. City's Subdivider's Payment Bond in the amount of $ 86,000.00 Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8075. Respectfully STATE OF CALIFORNIA COUNTY OF FRESNO On September 7, 2006 before me, C.R. FRIESEN, NOTARY PUBLIC (Name of Notary Public) personally appeared JAMES BRATTON 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/sha�th y executed the same in his/it�r authorized capacity(ies), and that by his/M q4;eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W ESS my d official seal. C. R. FRIESEN COMM. #1465701 —+ L2 "' NOTARY PUBLIC-CALIFORNUI Ignature of Notary Public) FRESNO COUNTYGaN� Ny Comm.�Jan.27 (This area for notarial seal) (notary)(07-02) f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ICounty of Fresno ss. On, OV 1MUD—�, ��r � before me, Lyn Genito,Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared John C. Day , Name(s)of Signer(s) WM ® personally known to me �` proved to me on the basis of satisfactory evidence to be the SNO NL4 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 trij an r to seal. Place Notary Seal Above —Sight&knPublic OPTIONAL Thougl;:he 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 7T.pofbh ❑ Partner-❑Limited❑ General Top of thumb here ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: I I Item No.5907 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ST PAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 215199 Certificate No. 000396713 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company.and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies'),and that the Companies do hereby make,constitute and appoint John C. Day, Steven P. Edwards, Shauna Lucero,Wendy L.Tobias, and Lyn Genito of the City of Fresno State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted'in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their'corporate seals to be hereto affixed,this 22nd day of March 2006 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company ofAmerica St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 41.SU,�( $terry yO�6S�y i . �s�j,`;(o 1 d1 9717 •"^1�9r,5wN1TFD ''�1'09#27 T�K ,~(`�' NCF ; i�o`.•fWR..P.rO.�.��..A:,�(b9r•m1 s iizViiJ.•."p+'.�.R.S.-P1..M0..4-..Al./..,lp.9�:.,'.,1^� W4 JHpAEFT 4,y SACONN. c iSEAL F j 0 as io ,B wgywwprEFe1o4nr(.o^�,krsN�-0�,y�y�T✓�Y�,.S•.�U� p,y r dl.. .:ad° r....... l State of Connecticut By: City of Hartford ss. G rge W I—pson,Sed r Vic President On this the 22nd day of March 2006 before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc..Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.and that he.as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TlT In Witness Whereof,I hereunto set my hand and official seal. W gar My Commission expires the 30th day of June,2006. pG * Marie C.Tetreault.Notary Public CW 58440-9-05 Printed in U.S.A. WARNING: I • 'z 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: Travelers Casualty & Surety Company of America Certificate/Acct. No: 104770804 Deposit Amount: $86,000.00 Maturity Date: Depositor: Name: James Bratton, a married man as his sole & separate property Address: 55 Shaw Ave, Ste 205 Clovis, CA 93612 Street City/State Zip Job Address: TR-5229 Received By: Rose Saldivar, Public Works Engineering Date: 9/25/06 Authorization to Release Signature Date Release To: Name: Address: {{ Street City/State Zip FiNASC U S'E, CaNL Y Nam,'. Date: deed N .F Date-. � `Q�i�`eiedSe�' .;Ma�+tedc ° ;tianctDeli�zered..; t7ate Dated ;{, 0`1rem rh a RCIS HI d Bond No.: 104770804 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California,and James Bratton.A mhrried man ac bjc salt*ands .n rata prnharty. ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, Identified as Subdivision Agreement for the Final Map of Tract No. X229' , is hereby referred to and made a part hereof; and. Whereas, under the terms of the:agreement, the principal Is required before entering upon the performance of the-work, to file a good and sufficient payment bond with the City of 'Fresno ("City")to secure the claims to which reference is made in Title 15 (commencing with Section 30821 of Part 4 of Division 3 of the Civil Code of the State of California. Now;therefore, the principal and Travelers Casualty and Surety Company of America as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, ' laborers, materialmen, and other persons employed in the performance of the agreement and referred to inde 15 f om encing witft Section 3082) of Part 4 of Division 3 of the Civil Code-- in the sum of Eighty Six Imousand & No/100 dollars . ($ 86,000.00' 1, 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 eriforcing 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 Affect. 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, thisInstrument has been duly executed by the principal and surety. above named, on r,September 7 20 06 Principal: James Bratton A married man as his sole and separate property (Pr Eipal) Suretyu' ravele Ciscaltv and Surety Company of America Byp;'' .. �% (Sure .)John C. Day,A om y in Fact STATE OF CALIFORNIA COUNTY OF FRESNO On September 7, 2006 before me, C.R. FRIESEN, NOTARY PUBLIC (Name of Notary Public) personally appeared JAMES BRATTON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aoe-subscribed to the within instrument and acknowledged to me that he/whey executed the same in his/*fer/their authorized capacity(ies), and that by his/herft�signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my 7 nd official seal. C. R. �►r=sEro COMM. #1465702 —+ !�— HUTARY PUBLIC-CALIFORNIA FRESNO COUNTY (Signature of Notary Public) tr�a� 1*Comm.Expires Jan.27,200s (This area for notarial seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of Fresno ss. On, , �l(: ;j' } before me, Lyn Genito,Notary Pahlic , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared John C. Day , Name(s)of Signer(s) ® personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within ni instrument and acknowledged to me that he/she/they LYN GENITO executed the same in his/her/their authorized capacity(ies), COMM. #1390820 and that by his/her/their signature(s) on the instrument the NOTARY PUBLIC-CALIFORNIA person(s), or the entity upon behalf of which the person(s) FRESNO COUNTY My Comm.Expires Jan.16,2007 acted,executed the instrument. WITNESS m, .i n and offic' seal. -E-) Place Notary Seal Above Si a T}lot ublic OPTIONAL 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- ❑Limited ❑General ITopoumb ❑ Partner-❑Limited❑General 7Topofb here ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Item No.5907 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 215199 Certificate No. 000396712 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelitv and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John C. Day, Steven P. Edwards, Shauna Lucero,Wendy L.Tobias, and Lyn Genito of the City of Fresno State of California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 22nd IN WITNESSWiHEREOF,the Comp�tje�Gave caused this instrument to be signed and their-corporate seals to be hereto affixed,this day of LLUU 6 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company ofAmerica St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company �ps�h p Som f�i f1 * 9 'p 1 ory O.rtAres ,QJ R10RA f'^'�� � f "i ! 2 :n; a HARTFORD, < �a tNRtFORq 5 •_ - cl n; o r t CDHN. in 16 i y95� N� c �`;SEAL,.o. otSBAL;.r CONH. o \. ..1 � 'as,,��2 _ °'is:•iwij '�js........�a er •„+ r AtN State of Connecticut By: City of Hartford ss. 91a rge W F ompson,Sen r Vic President On this the 22nd day of March 2006 before me personally appeared George W. Thompson. who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc..Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America.and United States Fidelity,and Guaranty Company.and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•t� In Witness Whereof,1 hereunto set my hand and official seal. fl 30th day of June,2006. pG tit Marie C.Tetreault,Notary Public My Commission expires the Ck 58440-9-05 Printed in U.S.A. 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