HomeMy WebLinkAboutT-5442 - Cashier Memo - 8/4/2006 . w
City of
PLANNING AND DEVELOPMENT DEPARTMENT
Building & Safety Services Division
Land Division & Engineering Section -7 A'-
U
int
DATE: June 27, 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 5442/UGM
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5442/UGM.
1. Copy of the Subdivision Agreement for Tract No. 5442/UGM.
2. Five McMillin Company checks in the amounts totaling $60,156.50 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 Western Financial Bank Certificate of Deposit (Account No. 2466000058) in the amount
of$31,000.00, 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 $ 582,000.00
5. City's Subdivider's Payment Bond in the amount of $ 306,500.00
Please provide copies of the Cashier Memorandum for our records. If you should have any questions
please feel free to contact me at 621-8075.
Respectfully
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: Western Financial Bank
Certificate/Acct. No: 2466000058
Deposit Amount: $31,000.00 Maturity Date: 12/13/06
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street City/State Zip
Job Address: Tract 5442
Received By: Rose Saldivar, Public Works Engineering Date: 6/27/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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• Bond No: 218 75 53
SUBDIVISION IMPROVEMENT Premium: $5,238.00
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
McMillin Sunnyside Ranch, LLC ("principal")
will be entering into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement
for the Final Map of Tract No. 5442 , is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now, therefore, we, the principal and Insurance Company of the West ,
as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of
five hundred eighty two thousand and no/100 dollars ($ 582,000.00 ) 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 witness whereof, this instrument has been duly executed by the principal and surety
above named, on June 12 , 20 06
Principal: McMillin Sunnyside Ranch, LLC
By: **SEE ATTACHED SIGNATURE PAGE**
(Principal)
Surety: Insurance Company of the West
By:
**SEE ATTACHED SIGNATURE PAGE**
(Surety)
Signature Block for Bond Number 218 75 53 to be attached to and
become a part of:
McMILLIN SUNNYSIDE RANCH, LLC
a Delaware Limited Liability Company
By: McMillin Management Services, LP
a California Limited Partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
a California Corporation
Its: General Partner
By:
(7,jZtA)/
Its:
By:
Its:
INSURANCE COMPANY OF THE WEST
By:
Sioux unyon, A orney-in-Fact
Insurance Company of the West
11455 El Camino Real
San Diego, Ca. 92130
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On June 12, 2006, before me, Selena Perallon, Notary Public personally appeared Joe
W. Shielly & Kenneth S. Baumgartner, 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 persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my ha d and official seal.
Signature � �
..��
so"
Comnftw#►1496646
►'dory RAAC-C.K. o
3w Diego c4ur*
My cm". JtA1 6,2Mf
This area for official notarial seal
McMillin Sunnyside Ranch, LLC and Insurance Co. of the West Subdivision Improvement
Performance Bond #218 75 53
Notary Form-2 McMillin Companies
No. 0001409
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
SIOUX MUNYON,ANNE WRIGHT,LAURA M.EHRLICH
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 1st day of November,2005.
4E�pYPANYofr ORAN, v a^'d�G INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
o SEAL, ; ,� , INDEPENDENCE CASUALTY AND SURETY
COMPANY
Gc�rmM�►. .Y '�o.�j � �.eS�
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On November 1,2005,before me,Francis Fafaul,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.
FRANCIS FAFAUL
#1471794
BLICv r �plC-0O-CXMRN
WEUxMY
MFEBRC UWAA Y 23,2��
Francis Fafaul,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 12th day of June 2006
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.
� l
ACKNOWLEDGMENT
State of California
County Of San Diego
On June 12, 2006 before me, N.I. Trusso, Notary Public
(here insert name and title of the officer)
personally appeared Sioux Munyon
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/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 hand and official seal.
SNOTAN. I. TRUSSO
RY
COMM.#1610260
PUBLIC •CALIFORNIA oSignature Y• SAN DIEGO COUNTYommission EVres od.281,2009
(Seal)
i
Finance Control No.
City of Fr �sno
Security Qeposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Performance Bond
Deprosited At: Insurance Company of the West '
Certificate/Acct. No: 218 75 53
Deposit Amount: $582,000.00 Maturity Date:
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street city/State Zip
1
Job Address: Tract 5442
Rt6ceived By: Rose Saldivar, Public Works Engineering Date: 6/27/06
r
Fkuthorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
TER-
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p Qf FZeCease « Ma4ters? ,, � p telt�ered
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Octents .. ,.;
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: 218 75 53
Deposit Amount: $306,500.00 Maturity Date:
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street City/State Zip
Job Address: Tract 5442
Received By: Rose Saldivar, Public Works Engineering Date: 6/27/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
- ve • Eke`s _s.' t xF''
w.:.
Nature , '.Date.'
Released ay
Type•of Release. Mailed Mand Deliverer{
Eatek :.g. r_. sBate
l acknowledge receipt of the aboue referee d Initrurnent
5ignAture• Date
d
omments i
Bond No.: 218 75 53
Premium: Included in Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
McMillin Sunnyside Ranch, LLC ("principal")
have entered or will be entering into an agreement whereby the principal agrees to install and
complete certain designated public improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. 5442 , is hereby referred to and made a
part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of
Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and Insurance Company of the West
as corporate surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the agreement and
referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code
in the sum of three hundred six thousand five hundred and no/100 dollars
($ 306,500.00 ), 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 June 12 1 2006
Principal: McMillin Sunnyside Ranch, LLC
By: **SEE ATTACHED SIGNATURE PAGE**
(Principal)
Surety: Insurance Company of the West
**SEE ATTACHED SIGNATURE PAGE**
M-
Signature Block for Bond Number 218 75 53 to be attached to and
become a part of:
McMILLIN SUNNYSIDE RANCH, LLC
a Delaware Limited Liability Company
By: McMillin Management Services, LP
a California Limited Partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
a California Corporation
Its: General Partner
i
By: -P 42L4C iA
Its:
By:
Its:
INSURANCE COMPANY OF THE WEST
By:
Z'—
Si6ux- Mu yon, Attorn -in-Tact
Insurance Company of the West
11455 El Camino Real
San Diego, Ca. 92130
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On June 12, 2006, before me, Selena Perallon, Notary Public personally appeared Joe
W. Shielly & Kenneth S. Baumgartner, 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 persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS myh nd and official seal.
Signature
-Ptil a.r
SREM PEMAMON
COMMbdon#►1498898
i xy t 9ft-CoN wr is
San Mop Counly
My Cam.bow Jul 6.200!
This area for official notarial seal
McMillin Sunnyside Ranch, LLC and Insurance Co. of the West Subdivision Improvement Payment
Bond #218 75 53
Notary Form-2 McMillin Companies
r
No. 0001409
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
SIOUX MUNYON,ANNE WRIGHT,LAURA M.EHRLICH
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 1st day of November,2005.
4 %IAPANY, 5UR4NC. `, Alub INSURANCE COMPANY OF THE WEST
�ooeroRtrEOJ�^4 W�aF�C lb 4- EXPLORER INSURANCE COMPANY
0a SEAL ; r ^� INDEPENDENCE CASUALTY AND SURETY
W t.wM1 o 110"1, as a $ COMPANY
�� �'
RA[IFMIMtN �� � 1•�
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
}
County of San Diego ss.
On November 1,2005,before me,Francis Fafaul,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.
lFp.ANM�A�
ri 794
�DICw COUNTY
'r.
my Commission Expkw
FEBRUARY 23,200f4
Francis Fafaul,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 12th day of June 2006
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 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.
ACKNOWLEDGMENT
State of California
County Of San Diego
On June 12, 2006 before me, N.I. Trusso, Notary Public
(here insert name and title of the officer)
personally appeared Sioux Munyon
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/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 hand and official seal. ""j111,1111101690016116
�SSO
COMM.#1610260
J NOTARY PUBLIC •CALIFORNIA o
SAN DIEGO COUNTY
Signature CommissionExpiresOct.28 20
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