HomeMy WebLinkAboutT-5272 - Cashier Memo - 11/20/2006 ' T
City of
PLANNING AND DEVELOPMENT DEPARTMENT
Building & Safety Services Division
Land Division & Engineering Section
DATE: October 27, 2006
TO: ROSE SALDIVAR, Senior Account Clark
Public Works Department, Engineering Administration
FROM: ALAN KAWAKAMI, Chief Engineering Technician `
Development Department, Building & Safety Services Division
1
SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5272/UGM
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5272/UGM.
1. Copy of the Subdivision Agreement for Tract No. 5272/UGM.
2. A Copper River Ranch Villages, LLC, company credit card in the amount of$ 507,191.36
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 California Bank's Certificate of Deposit ( Account No. 1340016883) in the amount of
$ 23,000.00,which represents the five percent Performance Security, as noted on page 1,
of Exhibit "A' at the rear of said subdivision agreement.
4. A California Bank's Certificate of Deposit (Account No. 13400117103) in the amount of
$ 10,000.00, which represents the deposit per Monument Deferral Agreement letter, as
noted.
5. City's Faithful Performance Bond in the amount of$ 440,000.00
6. City's Subdivider's Payment Bond in the amount of$ 231,500.00
Please provide copies of the Cashier Memorandum for our records. If you should have any questions
please feel free to contact me at 621-8070.
Respectfully
s
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD X Passbook Other
Deposited At: California Bank & Trust
Certificate/Acct. No: 1340016883
Deposit Amount: $23,000.00 Maturity Date: 11/15/06
Depositor: Name: Copper River Ranch Villages, LLC
Address: 7050 N Fresno Street, Ste 201 Fresno, Ca. 93720
Street City/State Zip
Job Address: Tract 5272
Received By: Rose Saldivar, Public Works Engineering Date: 10/30/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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Q C B CALIFORNIA BANK
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ISSUED AT
Fresno Main Br 134 OFFICE Fresno Ca DATE 10-16-06
Et W (CITY OR TOWN) (STATE)
W 0 Copper River Ranch Villages,LLC & The City Of Fresno T-5272 1340016883
UO (CUSTOMER NAME) (CUSTOMER NUMBER)
Twenty Three Thousand Dollars & no/100's*********************t)oLLARs $23,000.00***** z
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m n HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO T-5272 City Of Fresno OR ORDER UPON MATURITY m
Q y AS HEREINAFTER SPECIFIED AND UPON PRESENTATIONtf Sa,5 N(ttTHIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE.
/� O THE MATURITY OF THIS CERTIFICATE WILL BE 11 1177 LLll11VV AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
a. Z 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
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
0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PfYN(Ey1. o
/
SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF JIUJ 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. THORIZED 9IGNATURE
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Account Number: 1340016883
Security Amount: $23,000.00
ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: Copper River Ranch Villages, LLC hereinafter called
ASSIGNOR, whose principal place of business is:
7050 N. Fresno Street, #201 Fresno, CA 93720
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, evidenced by Certificate of Deposit in the amount of
$ 23,000 Number 1340016883 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 Tract 5272 City of Fresno, 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 16'h day of October, 2006.
Name & Title of Assignor
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 -h-ave 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 16`h day of October, 2006.
California Bank & Trust 7060 N Fresno St Fresno Ca 93720
Bank Name Branch L cation City State
By:
Name Title of Officer
r
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD X Passbook Other
Deposited At: California Bank & Trust
Certificate/Acct. No: 1340017103
Deposit Amount: $10,000.00 Maturity Date: 11/05/06
Depositor: Name: Copper River Ranch Villages, LLC
Address: 7050 N Fresno Street, Ste 201 Fresno, Ca. 93720
Street City/State Zip
Job Address: Tract 5272
Received By: Rose Saldivar, Public Works Engineering Date: 10/30/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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W AUTOMATICALLY RENEWABLE
f" C B CALIFORNIA BANK
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�.. U ISSUED AT Fresno Main OFFICE Fresno CA DATE 10/6/06
W (CITY OR TOWN) (STATE)
W u Copper River Ranch Villages LLC Tract 5272 1340017103
U O (CUSTOMER NAME) (CUSTOMER NUMBER) _
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***Ten Thousand Dollars and nn/100************************* DOLLARS $**10.000.00** Q
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HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO OR ORDER UPON MATURITY m
Q y AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CER I KATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE.
(L//��
O THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH OR IG NAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS
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
0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT.
SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF _S 1 %PER ANNUM
r FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,ANO 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
Account Number: 1340017103
Security Amount: $L Ono_n
(Tract 5272 Durable Subdivision Monuments)
SECURITY FOR: Copper River Ranch Villages, LLC, Tract 5272 Kensington at Copper River
hereinafter called ASSIGNOR, whose principal place of business is:
7050 N. Fresno St., Ste. 201 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 and Trust, evidenced by Certificate of Deposit in the
amount of $10,000 Number 1340017103 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 the Defferal of Setting Durable Subdivision Monument,
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 Ban f t ' assignment.
Dated this 6th day of October, 2006.
Name & Title of Asgignor
Steven F. Hertel
RtCNMENT
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 6th day of October, 2006.
Cglifornia Bank and Trust 7060 N. Fresno Street, Fresno, CA
Bank Name Branch Locati City State
By:
. Name _ Title of Officer
Laurie Gatrell AVP Operations Manager
Letter Agreement
Deferral of Setting Durable Subdivision Monuments
Tract No. 5272, "Kensington at Copper River"
Recitals:
Copper River Ranch Village, LLC, a California Limited Liability Company ("Owner"), is the
sole owner of that real property, situate in the City of Fresno described as follows:
Outlot "I" of Amending Tract 5205 "Terrabella at Copper River Ranch", recorded in Book of
76 of Plat Maps, Pages 46-70, Fresno County Records, and
Owner has filed a final subdivision map over said property, Tract 5272 "Kensington at Copper
River", and
Owner requests a deferral of setting subdivision durable monuments prior to recording of the
final map as normally required. All 10 subdivision durable monuments will beset in those
positions as shown on the subdivision map on or before one year after the final map is
recorded.
Agreements:
City Engineer has reviewed Owner's request and consents the Owner's request to defer
setting of monuments. City Engineer requests a security in the amount of $1,000 per
monument to ensure completion of the deferred work. Owner agrees to complete the setting
of the durable monuments before the deadline specified above and, concurrently with its
execution of this agreement, shall provide to the City of Fresno a Certificate of Deposit in the
amount of $10,000 to secure performance of the deferred work as requested by the City.
Copper River Ranch Villages, LLC
TB • ne gles Homes, a California corporation,
B a McDona omes, member
///, g"Z,2a
,61//(�� /d _s- o6
Donald, Chairman Date
Mike Kim, As to ubl' orks Director, City of esno Date
PLS 7609
4facI-66
C L 80 Date
ov ritchard Engineering Group, Inc.
1:\Clients\Copper River Ranch Villages,Inc.- 1413\Tract 5272- 14130472\Final Map\Letter Agreement-deferral durable
monuments.doc
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: Insurance Company of the West
Certificate/Acct. No: 2203973
Deposit Amount: $440,000.00 Maturity Date:
Depositor: Name: Copper River Ranch Villages, LLC
Address: 7050 N Fresno Street, Ste 201 Fresno, Ca. 93720
Street City/State Zip
Job Address: Tract 5272
Received By: Rose Saldivar, Public Works Engineering Date: 10/30/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
# x €.'{'�� 1 �''.�� 4 ( _ 4��• ! `wl�'h`� xY � �i�c �_T�l�iw��l��� i� _,€��J iM�� aice+: �� ��� �_,Y � ,� �y' Fm
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Dates �
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i t
S!gnature.J
TO
Cir ment .
��
Bond No.: 2203973
Premium:$5,280.00
Subdivision Improvement
Performance Bond
Whereas, the City Council of the City of Fresno, State of California, and Copper River Ranch Villages,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 the Final Map of Tract No. 5272, is
hereby referred to and made a part hereof,and
Whereas, said 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 Insurance Company of the West,as surety, are held and firmly bound unto the City of
Fresno,("City"), in the penal sum of Four Hundred Forty Thousand and No/100($440,000.00)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 herein 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, these 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 plans and 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 October 17,
2006.
PRINCIPAL:
CopperRi nch Villages,LLC alifornia Limited Liability Company
By:
SURETY:
Insurance a pany of theWest
By.
.Tustin S —Attorney in Fact
STATE OF California
COUNTYOF Fresno
On 7 G V before me, Roberta Voss,Notary Public
(here insert name and title of the officer),personally appeared Justin Smit
personally known to me XXNffla40EQ0=Qo be the person(p)whose nameX islim
subscribed to the within instrument and acknowledged to me that heV dbWexecuted the same in his?adh&authorized
capacity(ift and that by his✓ b signaturao*on the instrument the persorft or the entity upon behalf of which the
Person(*acted,executed the instrument
WITNESS my hand and official seal.
Signatur (SEAL) 6my
ROBERTA VOSS
COMM. #1632287
Q NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY Comm.Expires Jan.19,2010
This wren 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
nTLE(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
(D-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
No. 0002608
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this I st day of November,2005.
�,or►urro_� UtiApc� orSTr avo�0
1 �operoMreo�T 10�S L p (1 X 4 M
INSURANCE COMPANY OF THE WEST
9 O o SEAL ; le a EXPLORER INSURANCE COMPANY
a ` INDEPENDENCE CASUALTY AND SURETY COMPANY
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
}
County of San Diego ss.
On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons
whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the
instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
AMY COBE
COMM. f6023
N13TAi1Y PUBLIGCMU�NA�
SAN CMQ000MM fi
"'sem��
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are
hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 74111 day of
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above
named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
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: Insurance Company of the West
Certificate/Acct. No: 2203973
Deposit Amount: $231,500.00 Maturity Date:
Depositor: Name: Copper River Ranch Villages, LLC
Address: 7050 N Fresno Street, Ste 201 Fresno, Ca. 93720
Street City/State Zip
Job Address: Tract 5272
Received By: Rose Saldivar, Public Works Engineering Date: 10/30/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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RAM-,- �,�€ _ Y a • 7 1 stY E ra, '�
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Bond No.:2203973
Premium: included in performance
Subdivision Improvement
Payment Bond
Whereas, the City Council of the City of Fresno, State of California, Copper River Ranch Villages, LLC, a California
Limited Liability Company, ("principal") have entered into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5272, is
hereby referred to and made a part hereof,and
Whereas, under the terms of said agreement, 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, said principal and Insurance Company of the West,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 aforesaid 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 dollars Two Hundred
Thirty One Thousand Five Hundred and No/100($231,500.00), for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said 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 such
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 said agreement
or the plans and 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
October 17,2006.
PRINCIPAL:
Copper nch Vil s a ' ornia i Liability Company
By:
SURETY:
Insurance C any of the West
By (Seal)
Justin -Attorney-In-Fact
STATE OF California
COUNTYOF Fresno
On I 0 t 7 lev Y before me, Roberta Voss,Notary Public
(here insert name and tide of the officer),personally appeared Justin Smit
personally known to me o be the person(s)whose name()Q ism
subscribed to the within instrument and acknowledged to me that he4dmdbWexecuted the same in his✓ authorized
capacity#wa and that by hisftriftkr signature*on the instrument the personf(sj, or the entity upon behalf of which the
person(*t acted,executed the instrument.
WITNESS my hand and official seal.
9
Signature (SEAL) -�
COMM. 41632287 c,
H NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY
MROBERTA VOSS y Comm.Expires Jan.19,2010
This ares 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
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTTrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
' No. 0002608
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this Ist day of November,2005.
4`640PANp., gURA ryc A) 4A,
G
INSURANCE COMPANY OF THE WEST
O °SEAL EXPLORER INSURANCE COMPANY
w +•
CIA 4,otN+► °��,a, Z� a ` INDEPENDENCE CASUALTY AND SURETY COMPANY
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
}
County of San Diego ss.
On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons
whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the
instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
CSM.4M6=90
tE3TAitiY Al1B1JC-CSA�
SAH W6000L NTY �3
My Comn*ebn Expimiii
SEPTEMBER 2D.no
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are
hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying."
CERTIFICATE
4 the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this day of
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,the above
named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
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