HomeMy WebLinkAboutT-5471 - Cashier Memo - 10/30/2008 City of MEMORANDUM
ro.V.-vaorr
PLANNING&DEVELOPMENT DEPARTMENT- PLANNING DIVISION •2600 FRESNO STREET-FRESNO,CA 93721
DATE: August 29, 2008 13i;
TO: ROSE SALDIVAR
QFP " 2008
Public Works Department Play,.
Plann'rr,
FROM: JONATHAN BARTEL
Planning & Development Department
SUBJECT: SUBMITTAL OF FEE PAYMENT FOR TRACT NO. 5471
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$338,000.00
2. Payment Bond in the amount of$178,000.00
3. Check in the amount of$18,000.00 (Central Valley Community Bank No. 0152363)
4. Check in the amount of$66,879.03 (Central Valley Community Bank No. 1061)
5. Check in the amount of$16.72 (Premier Valley Bank No. 1775)
6. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8076.
Thank you,
Jon han 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: Developers Surety & Indemnity Company
Certificate/Acct. No: 780411 S
Deposit Amount: $338,000.00 Maturity Date:
Depositor: Name: Copper North Properties
Address: 7522 N Colonial Ave, Ste 104 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5471
Received By: Rose Saldivar, Public Works Engineering Date: 08/29/08
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Dale
Released By:
Name Date
Type of Release: Maiied Hand Delivered
Dale Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
Bond No.: 780411S Premium: $6,760 .00/2 yrs
Subject to renewal
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Copper North Properties, LLC ("principal")
will be entering into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement
for the Final Map of Tract No. 5471 , is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now, therefore, we, the principal and Developers Surety and Indemnity Company,
as surety, are held and firmly bound unto the City of Fresno ("City") in the penal sum of
*Three Hundred Thirty Eight Thousand Only* dollars ($ A8, 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 5 —, 20 08 ,
Prin 'p . Copper orth operties, LLC
By:
( rm ,pal)
Surety' Developers surety and Indemnity company
By: t
(Surety) P. Bewley, Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On 06/05/08 before me, Rebecca Overby, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared **P. Bewley**
Name(s)of Signer(s)
who 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.
r� .� :,,. ,. ►r
'�t i`�x,�.�•,_..� � - - I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand nd official,sea T
1
Signa#ttre
Place Notary Seal Above nature of Notary 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: Performance Bond#780411 S
Document Date:06/05/08 Number of Pages: 1
Signer(s) Other Than Named Above: NA
Capacity(les) 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
l� Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Developers Surety and
Indemnity Company
®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.Nationa]Notary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA )
COUNTY of Fresno )
On �� 2008, before me ����' �n� �c vtl a
Notary Public, personally appeared ��
and % who proved to me on the basis of
satisfactory evidence to be the personKwhose nameW is/armsubscribed to the within
instrument and acknowledged to me that he/shet4c-y executed the same in his/hzr/their'
authorized capacity(jos�, and that by his/herAheir signature on the instrument the
person(WI or the entity upon behalf of which the person,#acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. 03 `` �ti'�AAMS
COMMnnn.## 15 3ao6a
(Fj p• �NOiARY PU3llC;-CALIFORNIA Q
FRESNO COU MY 0
COMM.W.DEC.12,2008 2,
(Seal)
Notary Public
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: Developers Surety & Indemnity Company
Certificate/Acct. No: 780411 S
Deposit Amount: $178,000.00 Maturity Date:
Depositor: Name: Copper North Properties
Address: 7522 N Colonial Ave, Ste 104 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5471
Received By: Rose Saldivar, Public Works Engineering Date: 08/29/08
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Date
Released By:
Name Date
Type of Release: mailed Hand Delivered
Date Date
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
Bond No.: 780411S Premium included in performance bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
Copper North Properties, LLC ("principal")
have entered or will be entering into an agreement whereby the principal agrees to install and
complete certain designated public improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. 5471 , is hereby referred to and made a
part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon
the performance of the work,to file a good and sufficient payment bond with the City of
Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and Developers Surety and TndPmni r= cnT nY
as corporate surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the agreement and
referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code
in the sum of*One Hundred Seventy Eight Only** dollars
($ 178, 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 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 na ed, on , 20_0-8_.
Prin a ipper Nor P op rties, LC
By:
( n al)
Surety' Developers surety and Indemnity Company
By: � ? -
(Surety) . Bewley; rney-•-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On 06/05/08 before me, Rebecca Overby, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared **P. Bewley**
Names)of Signer(s)
,
who 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
�- •- t. ;; i.� person(s), or the entity upon behalf of which the person(s)
ry
s 1:.lie ! acted, executed the instrument.
:;.
�''c "' ' `'"' 'n'Z' r I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand a //official seal.
Place Notary Seal Above Sign.1ture of Notary 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: Payment Bond#780411 S
Document Date:06/05/08 Number of Pages: 1
Signer(s)Other Than Named Above: NA
Capacity(les)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
if Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here 11 Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Developers Surety and
Indemnity Company
®2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402-www.NationalNotary.org Item#5907 Reorder:Call-roll-Free 1-800-876-6827
STATE OF CALIFORNIA )
COUNTY of Fresno )
On — 2008, before me V�c�,v\&� rVic �` a
Notary Public, personally appeared \ \P \ ,
and �` who proved to me on ihe basis of
satisfactory evidence to be the person(o'whose name(o is/w subscribed to the within
instrument and acknowledged to me that he/slieft wy. executed the same in his/4er/thei-r
authorized capacity(iesj, and that by his4her/tJieir signature on the instrument the
person(4,'"or the entity upon behalf of which the personKacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal. "'�"'"`�'"'"'�
to 10/,AM' BINIGHAWK
CUr.r r. #idOTi RY PUt>l.L,, I MRNiA 0
a FREENO 01JN1Y ��
(Seal) ,a; COMM.FXP.DEC.12,aoos-�
Notary Public
POWER OF ATTORNEY FOR
DEVELOPERS SURETYAND INDEMNrrY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)2633300
KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMN ITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,constitute and appoint
***L.K. Lau, Peggy Roy, P. Bewley, R. Overby, R. Barquet, jointly or severally***
as their We and lawfid AUomey(s)trFFact,to make,execute,deriver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertAir gs and contracts of surety-
ship giving and granting unto said Attomey(s)-In-Fact full power and authority to do and to perform every act necessary,requiske 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 subs5tu6on and revocation,and all of the acts of said Atomey(s)irFFact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and Is signed by facsimile wider and by authority of the foBawing resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and flrat each of them hereby is,authorized to execute Powers of
Atomey,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretystop;and that the Secretary or
any Asststant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTH ER,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 bindbg upon the corporations 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 severely caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008.
By: Ali�+ A-rc� PIrtU
Stephen T.Pale,Senior Vice Resident yry. Qb � G pp C
a
G .A,
war .t d
was I
By: .�
Charles L.Day,Assistant Secretary tD try•
State of California
County of Orange
On January 1st,2008 before me, Chrfstopher J.Roach,Notary Pubic
Date Here Insert Name and Title of the Officer
personally appeared Stephen T.Pate and Charles L Day
Nanre(s)of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to
the within instrument and acknowledged to me that helshaltrey executed the same In hislherlthetr authorized
� � capardfy(ies),and that by hislher/treir signallure(s)on the instrument the person(s),or the entity upon behalf of
g: - :, which the person(s) Instrumentted,executed the Instrument
COMIC:: .174F938'�:
Pi18E1C• I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph a
:. OFiliT4CEtAU1VTY` .._;
true and correct
WITNESS my hand and offi seal.
Place Notary Seal Above Signature
Ch J.Roach
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 fuil 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 inthe City of Irvine,California,the 5 t hday of June 2 0 0 a
By: _
AlbertI-itrand,Assistantecretary
ID-1380(Wet)(Rev.07107)
Company Profile Page 1 of 2
Company Profile
DEVELOPERS SURETY AND INDEMNITY
COMPANY
17780 FITCH, SUITE 200
IRVINE, CA 92613
Agent for Service of Process
ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614
Unable to_Loc,ate.the A.. ,ent for_Service of Process?
Reference Information
NAIC #: 12718
NAIC Group #: 0075
California Company ID #: 4606-0
Date authorized in California: August 30, 1999
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: IOWA
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
FIRE
LEGAL INSURANCE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
http://interactive.web.insurance.ca.gov/webuser/idb co prof utl.get co proPp EID=100... 7/28/2008