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HomeMy WebLinkAboutT-5450 - Cashier Memo - 12/4/2006 City of PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: November 14, 2006 TO: ROSIE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: LOUIS ROCHA, Senior Engineering Technician Development Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5450/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5450/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5450/UGM. 2. The Subdivider elected to pay by various Credit Card all fees and charges in the amount of$ 290,789.23 listed on 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 & Trust Certificate of Deposit in the amount of $ 97,000.00, 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 Subdivision Improvement Performance Bond in the amount of$ 1,838,000.00 5. City's Subdivision Improvement Payment Bond in the amount of$ 967,000.00 Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8074 Respectfully M Sand No.:569222S susi?IYISION immovEM1~NT PAYMENT BOND Whereas,the City Council of the My of Fresno,State of California, and SUNNYSIDE PROJECT 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. 5450 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 refemnce is made In Mtie 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 DEVELOPERS SURETY AND INDEMNITY COMPANY_,aS corporate surety, are held firmly bound unto the Qty 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 D)vision 3 of the Civil Code in the sum of NINE HUNDRED SIXTY SEVEN THOUSAND-- dollars ($967,000.00 ), 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 Tide 15 (commencing with Section 3082) of Part 4 of Divislon 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 farce 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 NOVEMBER 6 ,2006 PrincipalOUNNYSIDE PROJECT, LLC By s /-r9A-WV/L c c N���✓A L �-�V�/NG M if-�/R i� (Principal) b�1e I'S/1 W, y��j G Surety: URETY IN NITY COMPANY $y: (surety) WAYNE LAMB, 0 EY- -FA T CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On NOVEMBER 6, 2006 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared WAYNE LAMB Name(s)of Signer(s) ® 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 tome that he/she/they executed the same in ,��o•'• a CYNTHIA SAUCEDA his/her/their authorized capacity(ies), and that by his/her/their °a COMM.+ 1474102 ;; signature(s) on the instrument the person(s), or the entity upon NOTARRESNOCOUNT ORNIA behalf of which the person(s) acted, executed the instrument. w FRESNO COUNTY + ...•` My Comm.Exp.March 2,2008 NESS m h nd ando cial seal. 010 a re o ota 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 ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- Limited ❑ General ❑ Partner-❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator i 0 .W,11 11 ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. By: "•,•,AND " PANyo David H.Rhodes,Executive Vice-President srt.....•••...�4'O GpM O,t. yJ�VO�40�TF;�'y': PO IL? OCT. i< = OCT.5 �� 0 Z C6 10 e n e" w 1967 By: o0j ,. 1 9 3 6 aT i O Walter A.Crowell,Secretary •':,�7 /OW P . q<IFO d. P�� a ....,.�........�*��: ,'••�......a n...••`� STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Garner, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, 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. GINA L.GARNER COMM.# 1569561 Signature (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY W comm.expires13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 6TH day ofNO�ER 2006 By—/J Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of iAy i t) - c On )' to-0t! before me, 0LY,11&X JIOUZ , PhlAtV Date Name and Title of Officer(e.g. "Jane Doe,Notary Public") personally appeared (f6)e, W- lA4k A% 1 , Name(s)of Signe(s) D 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 instrument and acknowledged to me that he/she/they executed the same in his/her/their ANSER SOUZA authorized capacity(ies), and that by his/her/their Commlisdon s 1552159 signature(s) on the instrument the person(s), or the MOs,Rbllc.CaNbmla entity upon behalf of which the person(s) acted, R"MCounty executed the instrument. 61MV Comm.Expkw fab 12, WIT SS my hand 1:3 Place Notary Seal Above Signature of Notary Publi 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 To of thumb here ❑ Attorney in Fact ' h P Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association"9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 Bond No.•569222S SURDWISION IMPROVEMENT PERFORMANCE BOND Whereas theClty council of the city of Fresno,State of California, and SUNNYSIbE PROJECT, LLC Cprinclpal*)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.5450 ,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 andDEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly hound unto the City of Fresno("City'),in the penal sum of ONE MILLION EIGHT HUNDRED THIRTY EIGHT THOUSANDdollars ($ 1,838,000.00 ) lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves,our helm,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 seared hereby and In addition to the face amount specified therefor, there shall be Included costs and reasonable expenses and fees, Including reasonable attorney's fess,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,alteratiDn or addition to the terms of the agreement or to the work or to the spedFcations. In witness whereof this instrument has been duly executed by the principal and surety above named,on NOVEMBLR 6_ _ 2006 , Principal:SUNNYSiDE PROJECT, LLC By. Gr v/�c F M A-�✓,C�-aiE Mme! �/�, M f��✓AG��,� (Principal) betoor h-, Surety: DEVE S SURET AN ENITY COMPANY By ..� (Suretyf ' ----- Z�— - WAYNE LA B,A ORNEY-IN-FACT s CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On NOVEMBER 6, 2006 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC , Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared WAYNE LAMB Name(s)of Signer(s) ® 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 CYNTHIA SAUCEDA his/her/their authorized capacity(ies), and that by his/her/their COMM.X1474102 ,�', signature(s) on the instrument the person(s), or the entity upon It NOTARY PUBLIC-CALIFORNIA co behalf of which the person(s) acted, executed the instrument. N FRESNO COUNTY `���.•' My Comm.Exp.March 2,2008 N S m h d and offi ' I eal. Signature of N aryublic ----------------------------------------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 ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator - . El Guardian or Conservator • ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r ss. County of h_Q syu) C On H- ti-t)(0 before me, jaMllt'' SOUZl-, DO460V �1�1�j�►,`, Date Name and Title of Officer(e.g., Jane DosNotary-Public") personally appeared CA-UK UJ - N'AV &&VI 1 , Name(s)dt Signers) 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 instrument and acknowledged to me that he/she/they executed the same in his/her/their AMBER SOULA authorized capacity(ies), and that by his/her/their CommMlon#1552159 signature(s) on the instrument the person(s), or the "� �°ry PubIK-Caxtomla entity upon behalf of which the person(s) acted, Fresno county lVlyComrn.E q*w Feb 12,2 24 executed the instrument. WIT SS my hand and (ficial se Place Notary Seal Above Signature of Notary Publi 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 lo ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact "Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association"9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 91313.2402 Item No.5907 Reorder.Cell Toll-Free 1.800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. �................ BY •�� AND�"'! N,PANyo David H.Rhodes,Executive Vice President ��,yJp�o�P DT.F,,�,, G oPP Oqq OCT. •<� Z = OCT.5 0 d= 10 n e ,�,� 1967 -0 By: Q 1936 Walter A.Crowell,Secretary �'.;�7�••, /DYyp ,,oda•' 2 9(/FORS STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, 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. GINA L.GARNER ica COMM.# 1569561 Signature (SEAL) NOTARY PUBUC CAUFORNIA ORANGE COUNTY canrn expires 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 6T day of NOVIIKBER 2006 By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05)