HomeMy WebLinkAboutT-5892 - Cashier Memo - 12/18/2013 City°` MEMORANDUM
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PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: December 18, 2013
TO: BETH REUSCH
Public Works Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5892
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$1,790,000.00
2. Payment Bond in the amount of $942,000.00
3. Cashier's Check in the amount of$94,000.00 (California Bank &Trust No. 421835)
4. Cashier's Check in the amount of$25,000.00 (California Bank &Trust No. 421833)
5_ Copy of receipts of credit card payment from Granville Homes on 12/03/13 in the amount of
$48,000.00, $23,000.00 and $21,499.66 totaling $92,499.66
6. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan Bartel
City of Ti MEMORANDUM
PUBLIC WORKS DEPARTMENT • LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: December 16, 2013
r..
TO: LORI NAJERA
Personnel Services Department E'
:7
G'
FROM: JONATHAN BARTEL �r
Public Works Department
SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5892
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: $1,790,000.00
2. Payment Bond in the amount of: $942,000.00
RISK MANAGEMENT DI ION
IfYa ou have an questions, please contact me at 621-8684. pproved er
Y
p ed vi/Changes c
Thank you,
SI Date
Jonathan Bartel
Bond No.: 784881S
Premium: $17,900-00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Copper River 74, Inc.
("principal") will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
Subdivision Agreement for the Final Map of Tract No.5892 _, is hereby referred to
and made a part hereof;and
Whereas,principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore, we, the principal
and Developers Surety and Indemnity Company , as surety, are held and firmly
bound unto the City of Fresno ("City"), in the penal sum of
One Million,Seven Hundred Ninety Thousand and 001100 dollars ($.1,7000.00 )
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 December 11 2013
Principal:Copper River 74, Inc.
By:
(Principal)
Sur y:Developers Suretyand In_l nit Company
By._
(Surety ynthia Sauceda, rney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of FRESNO
On December 11, 2013 before me, KIMBERLY WILSON,NOTARY PUBLIC, personally appeared
Cynthia Sauceda, 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 the 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.
KIMBERLY WIC LSO
COMM,#1885445 ra
=f- NOTARY PUBLIC-CALIFORNIA S�
e FRESNO COUNTr
k_ MY Comm.Exp.April 10,2014 gnature of tary
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
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
CA.ICW 24(7100
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
*'Kyle Wilson, Cynthia Sauceda,Donna M Smith, DeAnna Slater,Wayne Lamb,jointly or severally—
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings 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,requisite or proper to be done in connection therewith as each of
said corporations could de,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the 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 severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this May 23,2013.
`.."FANO '''
PANY
Daniel Young,Senior Vice President •` .: .4Agpg '••.Fy, U �POq G,
x.:40 `F •s h CSO ���9�
Y OOT, $ OCT_S
t"' '� 1967 O
regg N,VV
4 rcePresident �e
'c7� rawR
State of California
County of Orange
On _ May 23 2013 before me, Gina L.Gamer,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Gregg N.Okura
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized
capaclty(es),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
GI NA L.GARNER which the person(s)acted,executed the instrument
Gomm,#2021213
., NOTARY PUBLIC CALIFDRNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COMITY true and correct.
My comm.extatree May 18,X117it
rr�w WITNESS my hand and officio!seal.
Place Notary Seal Above Signature
Gina L.Gamer,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said carporabons set forth in the Power of Attorney are in force as of the date of this Certificate.
This Cerbficcaate/is executed in the City of Irvine,California,this 141h day of December , 2013
Mark J.Landon,Assistant Secretary
ID-1380(Rev.05113)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me,
Date 14ere Insert Name and Title of the icer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons) whose name s( is/am--subscribed to the
within instrument and acknowledged to me that
he/sOeithey executed the same in his/her/their authorized
r APRIL CELESTE GARCIA capacity0es), and that by his/49f4heir signature(s}on the
NOTARY PUBLIC-CALIFORNIA instrument the person4s}, or the entity upon behalf of
COMMISSION#1986538 which the person(s) acted, executed the instrument.
FRESNO COUNTY
pN My Comm.Exp.July 29,2016
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
Place Notary Seal Above Signature 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:
Document Date: Number of Pages:�-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name:-.-
I
ame: .I I Individual F1 Individual
I I Corporate Officer—Title(s): Ll Corporate Officer—Title(s):
LL Partner--LI Limited Ll General Ll Partner—LL Limited LJ General
IL Attorney in Pact1 Attorney in Fact
I I Trustee Tap of thurnh here LI Truster Top of thumb here
I 1 Guardian or Conservator ❑ Guardian or Conservator
I l Other: LJ Other:
Signer Is Representing: Signer Is Representing:
072007 National Notary Association•9350 De Soto Ave„P.C.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
Bond No.: 784881S
Premium: Included
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas,the City Council of the City of Fresno, State of California, and
Co er River 74, lnc.
("principal-') have entered or will be entering into an agreement whereby the principal
agrees to install and complete Certain designated public improvements, which agreement,
identifier!as Subdivision Agreement for the Final Map of Tract No. 5892 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 fart 4 of Division 3 of the Civil Code of the State of California.
Now, therefore,the principal and
Developers Surety and Indemnity Company as corporate surety, are held
firmly bound unto the City and all contractors,subcontractors, laborers, material men, and
other persons employed.in the performance 4f 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
Nine Hundred Forty Two Thousand and 001100 dollars
($942,000.00_�,for materials furnished of 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 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,alteralion, 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 December 11 , 2013
Principal: Copper River 74, Inc.
nncipal)
Sure vela e_Surety and Ind6-m'hJtv Company,
n,
By:
(Surety) ynthie auceda,Attorney-in- act
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of FRESNO
On December 11,2013 before me,KIMBERLY WILSON,NOTARY PUBLIC,personally appeared
Cynthia Sauceda, 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 the 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.
�"`�' KIMBERLY WILSON
COMM.#1885445 u,
�C'. : NOTARY PUBLIC-CALIFORNIA
FRESNO COUNTY s 1 `'
F My Comm.Fxp.ApOl 10.201 S;�k
"'" S gnature of Notary
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
❑ PARTNER(S) ❑ LIMITED
M ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
ca-[cw 24(7/00)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92523 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited.DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Kyle Wilson, Cynthia Sauceda,Donna M Smith,DeAnna Slater,Wayne Lamb,jointly or severally'
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge.for and on behalf of said corporations,as sureties,bands,undertakings 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,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respectivve Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of arty such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the 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 severally caused these presents to be signed by
their respective officers and attested by their respective Secretary orAsslstant Secretary this May 23,2013.
-�
By •,,•�iy ANO �ti"� PANy
DanielYDung,Senior Vice-President oPORgloF4''.
OCT.
: a
i0 OCT_5 n
B O
_ ` ra : X
1967
regg N.0� rce-President :> 1 3 6 ; 2
State of CaRomia „*t
County of Orange
On _ May 23,2013 before me,._ Gina L.Gamer,Notary Public.
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Gregg N.Okura
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to
the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
GINA L.GARNER which the person(s)acted,executed the instrument.
ca
@I-,
COMM.#2021213
NOTARY MBLIC CAUFOR ttA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COILINT`Y � true and correct.
My comm_a q%w May 1$,2017 It
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Gina L.Gamer,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Pager of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,Califomia,this 11th day of December , 2013 .
By
Mark J.Landon,Assistant Secretary
ID-1380(Rev.05113)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of_rfw
On before me, Y1 Le, & I A r�
Date Her Insert Name a d Title of the Officer
personally appeared �s�f
Namo(s)01 Sgner(s)
who proved to me on the basis of satisfactory evidence to
be the person("hose names) is/ai`e subscribed to the
within instrument and acknowledged to me that
he/she4rey executed the same in his/bla4heir authorized
capacity(esj, and that by his/her/their signatures) on the
APRIL CELESTE GARCIA instrument the person(s), or the entity upon behalf of
•" r NOTARY PUBLIC-CALIFORNIA
COMMISSION#1986538 which the person(s) acted, executed the instrument.
m
r FRESNO COUNTY
My Comm.Exp.July 29,2016 1 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
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying 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:-
C I Individual U Individual
L� Corporate Officer—Till 1 Corporate Officer—Title(s):
LJ Partner—I l Limited n General _ I Partner—LJ Limited I I General
LL Attorney in Fact -1 Attorney in Fact •
U Trustee Top at thumb hero _]Trustee Top of thurnti Iiere
I I Guardian or Conservator U Guardian or Conservator
I I Other: _I Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350E o Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
C B CALIFORNIA JBANK CASHIERS CHECK ]j>
I=
TRUST TRUST 421835
GRANVILLE MBMT INC 90-321011222
Remitter Date
4V
em�tter
Pay
*-t�041
T*NINETV FOUR THOUSAND and O0j!0O*** US Cil.
it To
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The Order
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Authorized Signature
M.
2 L a 3 Se 1: 122232109+: 201031907111'
roC B CALIFORNIA CASHIER'S CHECK...
TRuST TRUST 421833
BRANVILLE MANAGEMENT INC 900121W1222
Remitter Date
Dacember 17, 2013
Pay
$ 1**2S,iii:0.00***
***TWENTY FIVE THOUSAND and 00/100**T US Dollars
To
J.
1 ***CITV OF FRESNO***
111He Ober
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Authorized Signature
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