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HomeMy WebLinkAboutT-5614 - Cashier Memo - 2/7/2007 t' City Of ComIkI I i� rn��: ��, PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: January 23, 2007 TO: ROSIE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: ��Oe=e' ROCHA, Senior Engineering Technician ment Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5614/UGM, OF VESTING TENTATIVE MAP NO. 5614\UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5614/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5614/UGM. 2. On January 23, 2007 the Subdivider elected to pay by Credit Card all fees and charges in the amount of$ 73,686.82 listed on I 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 Estate Financial, Inc. Corporate check in the amount of$ 10,000.00, 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 $ 183,000.00 5. City's Subdivision Improvement Payment Bond in the amount of$ 96,500.00 Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8074 Respectfully Louis Rocha MWMEMOMOC � t 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: Explorer Insurance Company Certificate/Acct. No: 2205771 Deposit Amount: $183,000.00 Maturity Date: Depositor: Name: Fresno Park Communities II, LLC Address: 5521 Reseda Blvd, Ste 203 Tarzana, Ca. 91356 Street City/State Zip Job Address: Tract 5614 Received By: Rose Saldivar, Public Works Engineering Date: 1/29/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Bond No.:2205771 Premium:$4,660.00 Subdivision Improvement Performance Bond Whereas,the City Council of the City of Fresno, State of California, and Fresno Park Communities II,LLC.,a California Limited Liability Company("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5614, is hereby referred to and made a part hereof,and Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and Explorer Insurance Company, as surety, are held and firmly bound unto the City of Fresno,("City"), in the penal sum of One Hundred Eighty Three Thousand and No/100($183,000.00) lawful money of the United States, for the payment of which sum well and truly to be made,we bind ourselves,our heirs, successors, executors and administrators, jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as herein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,these shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF,this instrument has been duly executed by the principal and surety above named,on December 11, 2006. PRINCIPAL: Fresno Park Communities II,LLC.,a California Limited Liability Company By: Tim Spate,Maiug.MAAer SURETY: Explorer surance Company By: Justin it—Attorney in Fact 1 STATE OF California COUNTYOF Fresno ] On—1 � � Roberta Voss,Notary Public (hero insert na and title of the officer),personatly appeared Justin Smit personally known to im o be the person( whose name(!()isokw subscribed to the wittun instrument and acknowledged to me that haftmjbWexecutedche same in his? authorized capacity W and that by hislimlbsb signatuneo*on the Instrument the persorft or the entfly upon behalf of whlah the person(*acted,executed the instrument WITNESS my hand and offiaal seal. ROBERTA VOSS COMM. #1632287 -� Signatudd& (S -) NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Expires Jan.19,2010 This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TTTLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENtr Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s}in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this I st day of November,2005. �}poYrArIY�^r �t�SVyCR �J Wo�G 0 4 d INSURANCE COMPANY OF THE WEST 0 o SEAL. > EXPLORER INSURANCE COMPANY x 1, o 4,oaNr'�^��► a ct INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California } County of San Diego ss. On June 5,2006 before me,Mary Cobb,Notary Public,personalty 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. MM �} 1 Y / ii �ER RA Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. / IN WITNESS WHEREOF,I have set my hand this ` day of Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800.877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. Finance Control No. City of Fresno Security Deposit Form To: Finance Department- Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Improvement Payment Bond Deposited At: Explorer Insurance Company Certificate/Acct. No: 2205771 Deposit Amount: $96,500.00 Maturity Date: Depositor: Name: Fresno Park Communities II, LLC Address: 5521 Reseda Blvd, Ste 203 Tarzana, Ca. 91356 Street City/State Zip Job Address: Tract 5614 Received By: Rose Saldivar, Public Works Engineering Date: 1/29/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Bond No.:2205771 Premium: included in performance Subdivision Improvement Payment Bond Whereas, the City Council of the City of Fresno, State of California, Fresno Park Communities II, LLC., a California Limited Liability Company, ("principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement, identified as Subdivision Agreement for the Final Map of Tract No.5614, is hereby referred to and made a part hereof;and Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Fresno ("City"), to secure the claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and Explorer Insurance Company, as corporate surety, are held firmly bound unto the City and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of dollars Ninety Six Thousand Five Hundred and No/100($96,500.00),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the plans and specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on December 11,2006. PRINCIPAL: Fresno Park Communities II,LLC.,a California Limited Liability Company By: Tim Spate,Managi g ember SURETY: Explorer Ins By (Seal) Justin Smi - ttorney-In-Fact STATE OF California COUNTYOF Fresno ] On �v (�tZ=Zr), erta Voss,Notary Public (here insertnpersonally appeared Justin Smit personally known to me o be the person(jr)whose name(10 islym subscribed to the within instntment and acknowledged to me that haidudbWexecuted the same in h&1jgdhKau1horzzed capadty(k*and that by hislimalbi*signalureli*on the Instrument the pemorA*or the entity upon behalf of which the person(*t acted,executed the instrument WITNESS my hand and official seal. ROBERTA VOSS COMM. #1632287 -� Signa (SEAL) NOTARY PUBLIC•CALIFORNIA ��� FRESNO COUNTY 1�91my Comm.Expires Jan.19,2010 This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the documentand could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S)OR ENT"(IES) SIGNER(S)OTHER THAN NAMED ABOVE Io-1232(REV.12M) ALL-PURPOSE ACKNOWLEDGEMENT • No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November,2005. 4��aye�Rraf / gUtigN v► 'wo r /Q��gPo�CF Cid aG of °° '� c 1 INSURANCE COMPANY OF THE WEST i _ ; ,� s EXPLORER INSURANCE COMPANY �,SEAL INDEPENDENCE CASUALTY AND SURETY COMPANY fpRNl' 1' y8 Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California } County of San Diego SS. On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my band and official seal. �Y Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment,and the signature of any officer ceatifying the validity and current status of the appointment,maybe 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. 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