HomeMy WebLinkAboutT-5461 - Cashier Memo - 4/22/2008 70,
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MEMQRANDUM
DATE: March 16, 2007 £>'
rem
TO: Rose Saldivar
Public Works Department �• (1 DO .
c
FROM: JONATHAN BARTEL
Planning & Development Department, Planning Division
SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NO. 5461. `��,�• ;'�%
VV�V 4y 4'
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5461.
1. Performance Bond in the amount of$5,704,000.00
2. Payment Bond in the amount of$3,002,000.00
3. Certificate of Deposit in the amount of$300,000.00
4. Certificate of Deposit in the amount of$50,000.00
5. E-mail from Karen Bradley regarding acceptance of form of CD
6. Check in the amount of$1,393,471.23 (Guaranty Bank No. 915-00011265)
7. Copy of the Subdivision Agreement for Tract No. 5461.
The total charges are more particularly itemized in Exhibit "A" and Exhibit"B"
of the Subdivision Agreement.
If you have any questions please contact me at 621-8076.
Thank You,
Jonathan Bartel
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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: Travelers Casualty & Surety Company of America
Certificate/Acct. No: 104860000
Deposit Amount: $5,704,000.00 Maturity Date:
Depositor: Name: Dunmore Montecito LLC
Address: 8781 Sierra College Blvd Ste 100 Granite Bay, Ca 95746
Street City/State Zip
Job Address: Tract 5461
Received By: Rose Saldivar, Public Works Engineering Date: 3/19/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By
'�Y.-�":n,pa.......-'w,Ue'br.-.n�a:Fi'w`,�o..m»:i.b'<a..;.�.&:i:r,.w..'"':;..C.F,sawEzscu:: t_`: ». .:s'.i.�$'z.:✓?M�+... q
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Released B
Type of Release: Mailed _ Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature: Date __-
Comments:
CITY OF FRESNO
RICK MANACFIMENT
Premium: $60 , 040 . 00 DIVISION
Bond No.: 104860000 ZQ01 MAR 15 Pri 2: 52
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the Cty Council of the City of Fresno, State of California, and
DUNMORE MONTECITO LLC ( principal')
will be entering into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement
for the Final Map of Tract No. 5 4 61 Is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
TRAVELERS CASUALTY AND
Now, therefore, we, the principal and SURETY COMPANY QF AMERICA
as surety, are held and firmly bound unto the City of Fresno ("City'), in the penal sum of
(SEE *1 . BELOW) dollars ($ 5,704 ,.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 perfor-med 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 FEBRUARY 26 20D_7_.
Prin ' � DUNMOP,E MONTECITO LLC
By:
r
(Principal)
TRAVELERS CASUALTY AND
Surety: SURETY COMPANY OF AMERICA
By: 49 /vl
(Surety)/Attorney—in—Fact
oseph H. Weber,
*1 . FIVE MILLION SEVEN HUNDRED FOUR THOUSAND AND N0/100
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of �
(YOOn before me,
Da ! , team and Ti icer(e.g.,"Jane Dpi, otary Public')
personally appeared 1I t
a (s)o gnarls)
Zersonally 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 authorized
EnCHiSON capacity(ies), and that by his/her/their
Commission#1542846
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Notary Public-California signature(s) on the instrument the person(s), or
t— y Public
County-Cali the entity upon behalf of which the person(s)
My Comm.Expires Jon 9,2009 acted, executed the instrument.
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at of to Public
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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
Signer's Name:
i
❑ Individual Top of thumb here
❑ Corporate Officer —Title(s):
❑ Partner— ❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-676.6827
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: Guaranty Bank
Certificate/Acct. No: 00001980002420
Deposit Amount: $300,000.00 Maturity Date: 08/09/07
Depositor: Name: Dunmore Montecito LLC
Address: 8781 Sierra College Blvd Ste 100 Granit Bay, Ca 95746
Street City/State Zip
Job Address: Tract 5461
Received By: Rose Saldivar, Public Works Engineering Date: 3/19/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
p �� d� •fact., �
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Type Of R�I� ';wia�l ,,>. h3and Deidvere
ackrtovbtle�( f t e
Signature: _ _ Date
mments: ,a
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
1
State of California )
County of Sacramento )
On 2/26/2007 before me, Patricia Ross, Notary Public
(here insert name and title of the officer)
personally appeared Joseph H. Weber
personally known to me (or pres,ed to fne on the basis of satisfftetory evideneo to be the person() whose
named is/*Pe subscribed to the within instrument and acknowledged to me that h0she)lthey executed the
same in hisA*efrry r;;„�- authorized capacity6e-9), and that by his/her4heir signatureo on the instrument the
person(r), or the entity upon behalf of which the person()acted, executed the instrument. `
� PATRICIAR� O
COMM.#15MIS a�
WITNESS my hand and official seal. Notary Pubkc-QdNornM -6SACRAMENTO COUNTY
611my Cm m.Exp.Feb.18,2W j
Signature of Notary Public
(Seal)
I �
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
i fAny acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
f (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the f
verbiage does not require the notary to do something that is illegal for a notary in {
California (i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
Number of Pages Document Date a State and County information must be the State and County where the document
g signers)personally appeared before the notary public for acknowledgment.
a Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) a The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER o Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
11 Individual(s) Wshelthey,,is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) a Signature of the notary public must match the signature on file with the office of
the county clerk.
'ya-'Attorncy-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date. i
ti Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
a Securely attach this document to the signed document
i
CAPA v12.10.05 0 by Association of Professional Notaries&CSA 800.873-9865 www.notaryclasses.com
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
S7`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. 217309 Certificate No. 000954494
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
Carol Dunn, Paul F. Bystrowski, Randall L.Jorgensen,Joseph H.Weber, Mary E A McLaughlin,John E. Murphy, and David K. Murphy
of the City of Sacramento State of California their true and lawful Attomey(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 ian ' "tonr4ceedings allowed by law.
F
19th
IN WITNESS WHEREOF,the Companies have caused this ins )tobe nd+�gorporate seals to be hereto affixed,this
day of June 2006 PV:# �"*
Farmington Casualty C St.Paul Guardian Insurance Company
Fidelity and Guaranty ij� Z aR 0 St.Paul Mercury Insurance Company
Fidelity and Guaranty InsuVee Jnder"Ok"rs,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
°ASUq SURETY Fl0.E 4 pM Ikf ,�IRSU ,�fY 4N0 t�r
O?°pPOI�r�� �,eMOL- * Gf_ r� 7s �0�:"r.G� `JP:..-.....:R9,1•t rJ aG �411ip�W(�l� �tlt'O
�� �n fr_ � IFD '§7L z aI�ORVORq>F m W;`OpVORgTt.°,n`. 0 9�
CONN ttur�oiv 9
a Babe Y9Jr'1 uy ��:SEALip! �`tSEJLL::" �•
s:':.........-a°
OF NEW s.�N tr �
State of Connecticut By:
City of Hartford ss. Gorge W ompson,Se ' r Vic President
On this the 19th day of June 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.
In Witness Whereof,I hereunto set my hand and official seal. �G wk 0%
My Commission expires the 30th day of June,2011. AIIBL�G f Marie C.Tetreault,Notary Public
�s
58440-6-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
1,Kori M.Johanson,the undersigned,Assistant Secretary,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 do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 2 6 th day of February 20 07.
Kori M.Johans Assistant Secretary
'We
(DOD
ff• oOtiN.
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Af ss.
On_F� b r � ,� before me,
Date / me a tl rtle 1 Officer(e.g.,"Jane Doe,Nota Public")
personally appeared !"
N=eo'
sally 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 authorized
CATHRYN DAWN�71CHISON
am- my
Commission# 1542846 capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or
ZNotary Public-California the entit u on behalf of which the erson sZPlacer County y p p ( )
Comm.Expires Jan 9,2009 acted, executed the instrument.
ESS nd d offic' al.
J'f
_,e'Ile
ature of Notary - �
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(les) Claimed by Signer
{
Signer's Name:
Al
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
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: 104860000
Deposit Amount: $3,002,000.00 Maturity Date:
Depositor: Name: Dunmore Montecito LLC
Address: 8781 Sierra College Blvd Ste 100 Granite Bay, Ca 95746
Street City/State Zip
Job Address: Tract 5461
Received By: Rose Saldivar, Public Works Engineering Date: 3/19/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
�$ ' �. 'a �
Accepted By:
�_
Ffe eas . .
e gy .. 4 .... . :.
[dame D��s.
Type of Release: Mailed
Date ~Date
I acknowledge receipt of the above referenced instrument:
Signature: _ _ Date --
_o ments.
Premium: Included in the
Performance Bond
Bond No.: 104860000
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
DUNMORE MONTECITO- 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. 5461 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.
TRAVELERS CASUALTY AND
Now, therefore, the principal 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 in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code
in the sum of THREE MILLION TWO THOUSAND AND NO/100—————— dollars
($3, 0 Q 2 ,0 0 0. a for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to this work or labor, that the surety will
pay the same in an amount not exceeding the amount hereinabove set forth, and also in case
suit Is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any
and all persons, companies, and corporations entitled to file claims under Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right
of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise It shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement or the specifications accompanying the same shall in
any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on FEBRUARY 26 2007
Princ' DUUNMORE MONTECITO LLC
(Principal)
TRAVELERS CASUALTY AND
Surety: SURETY COMPANY OF AMERICA
By: d
(Surety) oseph H. Weber,
Attorney-in-Fact
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of Sacramento )
i
j On 2/26/2007 before me, Patricia Ross, Notary Public
(here insert name and title of the officer)
personally appeared Joseph H. Weber
i
personally known to me ( to be the person($) whose
name(l) is/aye subscribed to the within instrument and acknowledged to me that h0sheAhey executed the
same in hisAie4thoif- authorized capacity(ies , and that by his/her4te4 signature on the instrument the
person(l), or the entity upon behalf of which the person(A acted, executed the instrument.
PATRICIAN ROS j
a COMM.#7563515 W
WITNESS my hand and official seal. Notary Public Calibrr�Ia
..
SACRAA+IET�frO COUNT
My Comm Up.Feb.18,�Yp.N6
Signature of Notary Public
(Seal) �
I
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
j document is to be recorded outside of California.In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the i
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.
j
Number of Pages Document Date • State and County information must be the State and County where the document
g — signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
jCAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) Iw/she/they-is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
j (Title) sufficient area permits,otherwise complete a different acknowledgment form. j
Partners) • Signature of the notary public must match the signature on file with the office of
the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
iL -
j
CAPA v 12.10.05 D by Aswiation of Professional Notaries b'CSA 800.873.4865 w .notarydasses.com
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. 217309 Certificate No. 000954495
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
Carol Dunn, Paul F. Bystrowski, Randall L.Jorgensen,Joseph H.Weber, Mary E A McLaughlin,John E. Murphy, and David K. Murphy
of the City of Sacramento ,State of California ,their true and lawful Attomey(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 ofguaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or in att ons of ptdceedings allowed by law.
��� 19th
IN WITNESS WHEREOF,the Companies have caused this insott d�orporate seals to be hereto affixed,this
day of June 2006
Farmington Casualty Cottg� l St.Paul Guardian Insurance Company
Fidelity and Guaranty iranci( patI.N,* St.Paul Mercury Insurance Company
Fidelity and Guaranty Insu`twee'Underwt'4ters,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
�0yy1.y6pU.q�� .f7r" S�flj• JVF\0.E6� Op\�N.�N.`rG9 JPY•1NSUg9 OJP��Y qM�e �IM4Wf)Y �Y"'G
O6 �G C1 rY- $ * r Z �f-�IIPOR.1)f'� Q�•• POR4J``OE �p y �'`''��
Zd o ' 1977 0atrto x1927 �i z;`O"_._ f � W NMTFORD,`< Nutrwao 6 y
t �• n �E .o CONN. o COtYiOONN. R N 896
� � 1951 sA �4SEAI.,%o �+SSRL,%t ;P o •
fy• Ted "C * � 2�, 00 �o'>•..... a V•... :•dD L Ot
State of Connecticut By:
City of Hartford ss. orge W ompson,Sen' r Vic President
On this the 19th day of June 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.
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2011. pG # Mane C.Tetreault,Notary Public
58440-6-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID HOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNF.�IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,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 otAmericg;and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney-executed by sa4 Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my handtl, cs o Coinanies this 26th day of February 20 Q7
Kori M.Johann Assistant Secretary
G/,SV,F S�MIEry FIRE` RX INS Y 1NSV *�1Y ANO
r�}�r�•."��a �• a �. � 10i�••••.,G,y �P,:.......9�4 Y �J �G �� _,.bftYA,�
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Y6`"�rEcc�'as � `� •k 90o�,•t...../a� a�•. �f' � at � O
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
OU CERTIFICATE OF DEPOSIT RECEIPT
BANKIf checked, the account shall be considered a `1
Liquidity Reserve CD as further described in the
a Templelnland company
Facts About Your Guaranty Deposit Accounts(the
' 'Facts Booklets').
1. Account Summary Section Account No. 00001980002420
�.r
Depositor(s):
Dunmore Homes Fbo The City Of Fresno Cd Acct#1
8787 Sierra College Blvd Ste 100 NON-NEGOTIABLE,NON-TRANSFERABLE
Granite Bay Ca 95746 **ZIPCODE** SPECIAL RULES CONCERNING,PLEDGES,ASSIGNMENTS
AND WITHDRAWALS
Dates Date of Issuance Initial Maturity Date Initial Term Renewal Term
3/9/2007 8/9/2007 5 Months 5 Months r
Balances Opening Balance Minimum Balance Requirement Minimum Addition y
$300,000.00 $90,000.00 NONE
Earnings Interest Rate Annual Percentage Yield Frequency of Compoundin
4.91 % 5.00 % QUARTERLY
Earnings Distribution Dates:
Beginning 3/31/2007 and Quarterly Compound '
Thereafter, with the last distribution on the final maturity date.
2. Genera/Section. This receipt evidences that the Depositor holds a Certificate of Deposit account,an Individual
Retirement Account or Keogh Plan account with the Opening Balance and for the Initial Term expiring on the =
Initial Maturity Date shown hereon with Guaranty Bank('Bank'). The account may consist of funds deposited to
the credit of, or in which the entire beneficial interest is held by, the Depositor pursuant to an Individual t ,
Retirement Account Agreement or a Keogh Plan. As of the date hereof, this certificate of deposit supersedes all
prior certificates or evidences of account issued for this styled and numbered account. Please see our Facts
About Your Guaranty Bank Deposit Accounts disclosure for the terms and conditions which apply to your
account 4
3. Earnin-qs Section. This account shall receive earnings at the interest rate above set forth. Such earnings shall
be computed with the Frequency of Compounding and shall be distributable as also above set forth. For
accounts in which compounding occurs, the annual percentage yield assumes interest remains on deposit until
maturity and any withdrawal of principal or interest will reduce earnings. The interest rate for any Renewal TermR
shall be the then current rate offered by the Bank on similar certificate of deposit accounts having the same v ,
term. If this account is a Liquidity Reserve CD,you will earn the Statement Savings rate offered by the Bank if at
any time you fail to maintain the minimum required balance. Penalties for early withdrawal may apply under
certain circumstances. Refer to the Truth in Savings disclosure to determine applicability to your account. t u
4. Renewal Section. This account shall be renewed for the Renewal Term stated above on the Initial Maturity
- Date or on the maturity date of any Renewal Term unless(1)it is withdrawn within the 7-day grace period .
referred to in the Facts About Your Guaranty Bank Deposit Accounts brochure or we receive written notice from
you within the grace period,or(2) the account balance is below the minimum required, or(3)at least 30 days
before a maturity date the Bank mails written notice to the Depositor that this account will not be renewed. In
such latter event, upon maturity, the account will be renewed or not renewed on such terms as set forth in said
written notice. Ifthis account is a Liquidity Reserve CD and the minimum required balance is not met at
maturity, then the account will renew and shall eam the Bank's then current Statement Savings rate during the
renewal term.
i
GU ANTY BANKS
MEMBER
FDIC Y `-
4thorized ignature
AN"
-..� ��1 x S�I' M
t�^ '+i�i1�7' �r` ti91� �
' i
GFS-4813(Rev.1(06)
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: Guaranty Bank
Certificate/Acct. No: 00001980002396
Deposit Amount: $50,000.00 Maturity Date: 08/09/07
Depositor: Name: Dunmore Montecito LLC
Address: 8781 Sierra College Blvd Ste 100 Granit Bay, Ca 95746
Street City/State Zip
Job Address: Tract 5461
Received By: Rose Saldivar, Public Works Engineering Date: 3/19/07
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONL;
Acis
mill
;>_ u
ReAeased By.
Name
Date gate. : ilYl
I acknowledge receipt of the above referenced instrument.
Signature: _ __ Date_
W-7 �yj"W
"rMa-p Y
a 1 `.
OUCERTIFICATE OF DEPOSIT RECEIPT
BANKIM If checked, the account shall be considered a '•'�'
Liquidity Reserve CD as further described in the
aTemplelnlandcompany Facts About Your Guaranty Deposit Accounts(the
'Facts Booklets').
1. Account Summa Section 00001980002396
ry Account No.
Depositor(s): i
Dunmore Homes Fbo The City Of Fresno Cd Acct#2
8781 Sierra College Blvd Ste 100 NON-NEGOTIABLE,NON-TRANSFERABLE i•
Granite Bay Ca 95746 **ZIPCODE** SPECIAL RULES CONCERNING,PLEDGES,ASSIGNMENTS
AND WITHDRAWALS
a.
Dates Date of issuance Initial Maturity Date Initial Term Renewal Term
31912007 8/9/2007 5 Months 5 Months
Balances Opening Balance Minimum Balance Requirement Minimum Addition §
$50,000.00 $90,000.00 NONE
Earnings Interest Rate Annual Percentage Yield Frequency of Compounding #s.
4.91 % 5.00 % QUARTERLY
Earnings Distribution Dates: Ci
Beginning 313112007 and Quarterly Compound ,
Thereafter, with the last distribution on the final maturity date.
2. General Section. This receipt evidences that the Depositor holds a Certificate of Deposit account, an Individual
Retirement Account or Keogh Plan account with the Opening Balance and for the Initial Term expiring on the
Initial Maturity Date shown hereon with Guaranty Bank('Sank'). The account may consist of funds deposited to ,
to, the credit of, or in which the entire beneficial interest is held by, the Depositor pursuant to an Individual
Retirement Account Agreement or a Keogh Plan. As of the date hereof, this certificate of deposit supersedes all
{ prior certificates or evidences of account issued for this styled and numbered account Please see our Facts
About Your Guaranty Bank Deposit Accounts disclosure for the terms and conditions which apply to your
account s
3. Earnings Section. This account shall receive earnings at the interest rate above set forth. Such earnings shall
be computed with the Frequency of Compounding and shall be distributable as also above set forth. For :F
I accounts in which compounding occurs, the annual percentage yield assumes interest remains on deposit until
maturity and any withdrawal of principal or interest will reduce earnings. The interest rate for any Renewal Term .r
shall be the then current rate offered by the Bank on similar certificate of deposit accounts having the same
term. If this account is a Liquidity Reserve CD,you will earn the Statement Savings rate offered by the Bank if at
any time you fail to maintain the minimum required balance. Penalties for early withdrawal may apply under
certain circumstances. Refer to the Truth in Savings disclosure to determine applicability to your account ;
4. Renewal Section. This account shall be renewed for the Renewal Term stated above on the Initial Maturity
Date or on the maturity date of any Renewal Tenn unless(1)it is withdrawn within the 7-day grace period ;
referred to in the Facts About Your Guaranty Bank Deposit Accounts brochure or we receive written notice from
you within the grace period,or(2) the account balance is below the minimum required, or(3) at least 30 days 4. 5
before a maturity date the Bank mails written notice to the Depositor that this account will not be renewed. In �a
such latter event upon maturity, the account will be renewed or not renewed on such terms as set forth in said
written notice. If this account is a Liquidity Reserve CD and the minimum required balance is not met at
maturity, then the account will renew and shall earn the Banks then current Statement Savings rate during the
renewal term.
GUARANTY BANK
MEMBER
FDIC Y --
Authoriz Signature
Yr Lihl 0
11�" .a M6!F7.,H.. 9 j1,"� -
GFS4813(Rev.1/06) ---��— -
Jon Bartel -Re:Tract No. 5461 Certificate of De osit Pa e 1
From: Karen Bradley
To: Jon Bartel
Date: 3/14/2007 11:59:16 AM
Subject: Re:Tract No. 5461 Certificate of Deposit
Not a problem. Guaranty Bank would not do what we wanted and we are running into more banks that
struggle with what we want. The International Banks seem to be fine with our request.
>>>Jon Bartel 03/14/07 11:52 AM >>>
Not a problem. We have been requiring the developers to make the CD's solely to the City of Fresno.
This is why I emailed you because the developer came to the counter with this one and I was not going to
accept it until I received a confirmation from you.
Thanks.
Jon
>>> Karen Bradley 03/14/07 11:47 AM >>>
Oh so sorry, I obviously never got back to you. Yes this CD is acceptable. This is an exception however
and not the rule. The memo still stands and we need to push to have the City named solely on the CD's.
Exceptions will be on a case by case basis but I do not plan to make this a habit. It is up to you folks as
well to assist us in obtaining the CD's in the name of the City. Even with "for the benefit of the City is
stuck if the developer refuses to endorse the CD over to us. For all intense purposes it could be worthless
to us if they will not endorse. Then the question becomes,why do you folks even bother to ask for it? The
point is to provide us with a remedy if they do not perform. If they did not perform, how agreeable are they
going to be to endorse the CD over to us, not very likely.
Thanks
>>> Jon Bartel 03/14/07 11:30 AM >>>
Good morning Karen,
What is the status of the CD?
Thanks.
Jon
>>> Karen Bradley 03/13/07 1:57 PM >>>
We need to have the actual CD in hand. A copy will not do. We lock it in our vault and then release it one
performance has been completed. Do you have the original?
>>>Jon Bartel 03/13/07 1:55 PM >>>
Good afternoon Karen,
Attached is a CD for the 5% security for the subdivision agreement for this map. Dunmore Homes told me
that they spoke with you and you determined that this CD was acceptable to have it made out to Dunmore
and the City of Fresno. Also, it doesn't come right out and state automatically renewable but there is a
renewal section paragraph. Is this acceptable as well?
Thanks.
Jon Bartel -Supervising Engineering Technician
Land Division & Engineering
Planning and Development Department
559-621-8076