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HomeMy WebLinkAboutT-5815 - Cashier Memo - 1/24/2013 City of cmIng%-�1% MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: January 24, 2013 TO: BETH REUSCH Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5815 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of $1,929,000.00 2. Payment Bond in the amount of $1,015,500.00 3. Check in the amount of $102,000.00 (JPMorgan Chase Bank, N.A. No. 50135397) 4. Check in the amount of $483,262.20 (JPMorgan Chase Bank, N.A. No. 50135417) 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684. Thank you, Jonathan Bartel CI`Y MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: January 22, 2013 TO: HEIDI BRIGGS Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5815 Attached are original bonds required for the subdivision agreement for the Final Map. Please review the following bonds for conformity to City acceptance policies: 1. Performance Bond in the amount of: $1,929,000.00 2. Payment Bond in the amount of: $1,015,500.00r v J�� If you have any questions, please contact me at 621-8684. a u . Thank you, 00 Jonathan Bartel usW D�S�DN RISK tjANAGEo ed D Ved'W1&,,nges 1&,,n9es . 1, d Bond No.: PB00535000019 Premium: $28,935.00 (Initial Two Years) SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and PLEASANT VALLEY INVESTMENTS, LC ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5815 * , is hereby referred to *(99 lots) and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and PHILADELPHIA INDEMNITY INSURANCE COMPANY , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of ONE MILLION NINE HUNDRED TWENTY NINE ** dollars ($ 1,929,000.00 **THOUSAND AND lawful money of the United States, for the payment of which sum well and truly to be 00/100 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 January 16th , 2013 Principal:PLEASANT rVALLEY INVESTMENTS, LC By: (Principal) IS WILLIAMS, Authorized Agent Surety: PHILADELPHIA INDEMNITY INSURANCE COMPANY By. (Surety) MICHAEL G. HALL,Attorney-in-Fac t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On ` ! � l J before me, R.Rangel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael G. Hall 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), R,RA14GEL and that by his/her/their signature(s) on the instrument the r comm.#189M person(s), or the entity upon behalf of which the person(s) Howy Pubis-r—aftwo acted, executed the instrument. LOS AHGEUS CGQNTY 1 �°r"14U A '7'23t4 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hT"dnf'cial t al. Signature_ Place Notary Seal Above Sig lur of Notary PlIblic 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 ❑ Attorney in Fact ❑ Trustee ❑ Trustee ElGuardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb ho5ere ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chalsworth,CA 91313-2402-www.Nalior)a)Notary.org Item M5907 Reorder:Call Toll-Free 1-800-876-6827 e 7 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: MICHAEL E.CUNDIFF,MICHAEL G. HALL AND JASMINE SHUPPER OF PHILADELPHIA INDEMNITY INSURANCE COMPANY its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$5,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I"day of.luly,201 I. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15T"DAY OF NOVEMBER 2012. r (Seal) "" • .. . President Sean S.Sweeney,President Philadelphia Indemnity Insurance Company On this 15"`day of November 2012,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. cornao wentxttoFPetvrrsvLvANtA NOTARIAL SEAL, DANIELLE PORATH,Notary Pubic Lower Merton .Montg Coupty 4/tA my Canmissatt ' I�Iardt 2016 Notary Public: residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: March 22,2016 1,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Sean S.Sweeney,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ,l In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this[ lb day of �cunua 20 I ` =H� ------------- U41 r Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary gA � �'• PHILADELPHIA INDEMNITY INSURANCE COMPANY v. _ �yM1 ''•�..••*fir CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of FRESNO ) On January 22 2013 before me, LYNETTE E. FACCINTO-VAN VRANKEN, Notary Public, personally appeared CHRIS WILLIAMS, 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. 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. 1 Signature (Seal) L;i,' E.FACCINTO-VAN MAN KIN COMM. #1855946 - NO .AkI'EUSM CALIFORNIA n • `•� F-,FSNO COUNTY ' . ? My Comm.Erpires June 27,201-3 2008ack.doc Bond No.: PB00535000019 Premium: Included in Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and PLEASANT VALLEY INVESTMENTS, LC ("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. 5815 (99 lots) 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 PHILADELPHIA INDEMNITY INSURANCE COMPANY , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men, 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 MILLION FIFTEEN THOUSAND FIVE HUNDRED AND 00/100 dollars ($1,015,500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 16th , 20 13 Principal: PLEASANT VALLEY INVESTMENTS, LC By: - Principal) CHRIS WILLIAMS , Authorized Agent Surety: PHILADELPHIA INDEMNITY INSURANCE COMPANY By: (Surety) MICHAEL G. HALL , Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles On ���P � before me, R.Rangel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael G. Hall 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), R. RANGEi and that by his/her/their signature(s) on the instrument the COMM.#1t3$3Ew Mperson(s), or the entity upon behalf of which the person(s) Y acted, executed the instrument. Notary PuWlo-Calffornia Uj LOS AKEU XV. ly 7.2 1 certify under PENALTY OF PERJURY under the laws of A"y Clxrtm Exp.AUGAl1G�.2414 F fY the State of California that the foregoing paragraph is true and correct. Witness my an ficiale Signature �_ 1:31- ( A p _ Place Notary Seal Above Signatu of Notaublic 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 ❑ Attorney in Fact 2-1 ❑ Trusteea ElTrustee I"ITop ElGuardian or Conservator Top of thumb here ElGuardian or Conservator of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St.Asaph's Rd.,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: MICHAEL E.CUNDIFF,MICHAEL G. HALL AND JASMINE SHUPPER OF PHILADELPHIA INDEMNITY INSURANCE COMPANY its true and lawful Attorney(s) in fact with full authority to execute on its behalf bonds, undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed 0,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I"day of July,201 1. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 15TH DAY OF NOVEMBER 2012. is (Seal) President Sean S.Sweeney,President Philadelphia Indemnity Insurance Company On this 15d'day of November 2012,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OFPE24NSYLVANIA NOTARIAL SEAL DANIELLE.PORATN,Notary Pubic ,� Low 1Aecioo Tw „Montganery Colin, Commission M”NYZ,2018 Notary Public: residing at: Bala CynwydPA (Notary Seal) My commission expires: March 22,2016 1,Craig P. Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Sean S.Sweeney,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this44' day of x�{ �l 20 ?rµ tiy,q T r t�Wf i .i':vU"•rr 4;.G Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary •. _ g�� E r+ PHILADELPHIA INDEMNITY INSURANCE COMPANY i ......... CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of FRESNO ) On January 22 2013 before me, LYNETTE E. FACCINTO-VAN VRANKEN, Notary Public, personally appeared CHRIS WILLIAMS, 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. 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. Signature -f (Seal) �LY�dEITE�E.FA CIN10—VIEW VRRNKEN `"" CQ�/iPJI. #1855946 _� ;� fd'JTNP,Y PUBLIC CALIFORNIA ` FRESNO COUNTY ��A "+ty Camm,Eplrzs j, 2 7, 2013 2008ack.doc Woodside 06N, LP Vendor No: 132501 Check Date: 01/07/13 DBA Clovis-Rich uitti Vendor: City of Fresno Check No: 50135397 1555 West Shaw Avenue Check Amount: $"'102,000.00 Fresno CA 93711 Invoice Number Date Description Gross Amount Disc/Adj Payment Amount DEPOSIT 5815 01022 01/02/13 DEPOSIT 5815 01022013 102,000.00 102,000M Woodside 06N, LP JPMorgan Chase Bank,N.A. Check Date Check Number DBA Clovis-Rich uitti Columbus,OH 01/07/13 50135397 52-1544/441 1555 West Shaw Avenue Check Amount Fresno CA 93711 $...102,000.00 Pay ONE HUNDRED TWO THOUSAND AND 00/100********°k**°k********* ****************"* Two Signatures Required Void After 90 Days To The Order City of Fresno � -� - PO BOX 2069 Fresno CA 93718 SIGNATURE HAS A COLORED BACnGRO ^ ORnEh r^ :PCROPP,!!lTRO) 11' 5013539711' 1:044115443 : 70434234411' Woodside 06N, LP Vendor No: 132501 Check Date: 01/07/13 DBA Clovis-Richuitti Vendor: City of Fresno Check No: 50135417 1555 West Shaw Avenue Check Amount: $***483,262.20 Fresno CA 93711 Invoice Number Date Description Gross Amount Disc/Adj Payment Amount NON REFUNDABLE SUB 01/04/13 2,970.00 2,970.00 NON REFUNDABLE SUB 01/04/13 2,970.00 2,970.00 NON REFUNDABLE SUB 01/04/13 82,536.54 82,536.54 NON REFUNDABLE SUB 01/04/13 44,769.66 44,769.66 NON REFUNDABLE SUB 01/04/13 3,060.00 3,060.00 NON REFUNDABLE SUB 01/04/13 126,413.00 126,413.00 NON REFUNDABLE SUB 01/04/13 34,056.00 34,056.00 NON REFUNDABLE SUB 01/04/43 1,060.00 1,060.00 NON REFUNDABLE SUB 01/04/13 172,062.00 172,062.00 NON REFUNDABLE SUB 01/04/13 7,821.00 7,821.00 NON REFUNDABLE SUB 01/04/13 5,544.00 5,544.00 Woodside 06N, LP JPMorgan Chase Bank, N.A. Check Date Check Number DBA Clovis-Richuitti Columbus,OH 01/07/13 50135417 52-1544/441 1555 West Shaw Avenue Check Amount Fresno CA 93711 $...483,262.20 Pay FOUR HUNDRED EIGHTY THREE THOUSAND TWO HUNDRED SIXTY TWO AND 201100"""" Two Signatures Required Void After 90 Days The Order City of Fresno Of PO BOX 2069 Fresno CA 93718 SIGNATURE MAS A COLORED 9ACKGRC!�"ID•BORDER CONTAINS YICROPRINTM ii' S013S4L7'in 1:044LLS4431: 704342344II'