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T-5973 - Cashier Memo - 2/14/2012
City of MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET•FRESNO,CA 93721 DATE: January 12, 2012 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5973 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$290,000.00 2. Payment Bond in the amount of$152,500.00 3. Check in the amount of$15,000.00 (United Security Bank N.A. No. 003017) 4. Copy of receipt for credit card payment in the amount of$30,944.62 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel City of MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: January 9, 2012 TO: KERRY TROST Personnel Services Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5973 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: $290,000.00 2. Payment Bond in the amount of: $152,500.00 If you have any questions, please contact me at 621-8076. i Thank you, 10 -n Jonathan Bartel c.z f Li n ved. :�,r ved /Changes: S_;ned Date. Bond No.: 070010884 SUBDIVISiON IMPROVEMENT PERFORMANCE BOND Whereas,the City Council of the City of Fresno,State of Callforda, and COPPER RIVER RANCH VIL AG ,9 .LI CL ("principal")will be entering Into an agreemant whereby principal agrees to Install and complete certain designated public Unprovements,which sald agreement,identified as Subdivision Agreement for the Final Map of Tract No. 5973 , Is hereby referred to and made a part hereof,and Whereas,principal Is required under the terms of said agreement to furnish at bond for the faithful performance of said agreement. Now,therefore,we, the principal and SAFECO INSURANCE COMPANY OF AMERICA, as surety, are held and firmly bound unto the City of Fresno(°City") N the penal sum of Two Hundred Ninety Thousand && �0�/100ths dollars ($290 000.00 ) 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 mads 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 vold,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 5 ,2Q12 Principal: ER RIVER ANCH VI -AGES, LLC By: (P` ) Surety: -C URAN E}COMPANY OF AMERICA By: ha t� (Surety) Ly G n)it ACKNOWLEDGMENT State of California County of Fresno ) On January 5, 2012 before me, Shauna Lucero, a Notary Public (insert name and title of the officer) personally appeared Lyn Genito 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 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 ° ' sHauNA LUCe o NOTARY PU91.IC•CALIFORNIA ® COMMISSION N 1953377 FRESNO COUNTY � L � � 1� 2ctIII-) �Comm-F.�p.September23,24I5J Signature^ is THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4693150 f6931JCO This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE,WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America(the"Company"),a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JOHN C.DAY, STEVEN P.EDWARDS,LYN GENITO,SHAUNA LUCERO,ALL OF THE CITY OF FRESNO,STATE OF CALIFORNIA................................................................................. ................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................. ,each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FOUR HUNDRED MILLION AND 00/100"""*""""""""*""""•' DOLLARS($ 400,000,000.00•**""*`*""""`*""`*"`**"""' )each,and the execution of such undertakings, bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as rf they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV-Officers:Section 12.Power of Attorney. j, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitations as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make, rn execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in- (n a fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and C executed,such instruments shall be as binding as if signed by the president and attested by the secretary. Y y J� 0) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: >+ M c m 16 r L = =p Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to O a� appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute,seal, acknowledge and deliver as surety L any and all undertakings,bonds,recognizances and other surety obligations. W o@ E a" > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. p p, m �o IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Q ch C'� Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting,Pennsylvania this 12th dayof July O _O i 2011 d C O i Qr h SAFECO INSURANCE COMPANY OF AMERICA .. a ca C T) By t o p� in David M.Carey,Asrgrfstant Secretary 4 ci to d COMMONWEALTH OF PENNSYLVANIA ss O O t�: COUNTY OF MONTGOMERY a0i O� �a3 Eai On this 12th day of July 2011 before me, a Notary Public, personally came David M. Carey, to me known, and '@ m C acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he > executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the t cr? v direction of said corporation. �'00 c E 04 �>, IN TESTIMONY WHERE O `($sv subscribed my name and affixed my notarial seal at Plymouth Meet Pennsylvania, on the day and year O first above written. v —--- — — 00 Z V � a NuUrW Soaf O o °� 1 t'amsazste!ia.Ncrtary Public BV �� y" V t�0 P;ymnuPi�Twp.,Mt,�nmary C:ouniy O O My Commission Expires Mqr,28:2013 Tere a Pastella,Notary Public I—� CERTIFICATE Mwr.,e .Pennmy'vapia Assxiatian of NtAa6u. 1,the undersigned,Viceerc Insurance Company of America,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct cope isan f fr orce and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September,2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and bindingupon the com any with the same force and effect as though manually affixed. IN TE TIMONY WHEREOF, I,have hereunto subscribed my name affixed the corporate seal of the said company,thisday of xg; Gregory W.Davenport,Vice President Band No,: 070010884 SUBDIVISiON IMPROVEMENT PAYMENT BOND Whereas,the City Council of the City of Fresno,State of California, and COPPER RIVER RANCH VILLAGES, 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 N0.5973 ,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 SAFECO INSURANCE COMPANY OF AMERICA 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 Hundred Fifty Two Thousand Five Hundred and 00/100ths dollars ($152,500.00 ), 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 1s brought upon this bond, will pay,In addition to the face amount thereof, costs and reasonable expenses and fees, Including reasonable attomey'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 bean duly executed by the principal and surety above named,on January 5 ,20 12 . Principal: ER RIVER RA H;VILLAGE , LLC By: Surety:! FE CE COMPANY OF AMERICA By: kA) S Lyb Genito, Attorney-in-Fact ACKNOWLEDGMENT State of California County of Fresno ) On January 5, 2012 before me, Shauna Lucero, a Notary Public (insert name and title of the officer) personally appeared Lyn Genito 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_ 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. f jNIP71, NOTARYP UBLIC-CALOFORNIA COMMISSION#1953377 > FRESNO COUNTY �\kMy Comm.Exp.September 23,2015 Signature � �� � al) ` THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4693162 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent V Herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE,WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America(the"Company"),a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JOHN C.DAY, STEVEN P.EDWARDS,LYN GENITO,SHAUNA LUCERO,ALL OF THE CITY OF FRESNO,STATE OF CALIFORNIA................................................................................. ................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................. ,each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FOUR HUNDRED MILLION AND 00/100************************* DOLLARS($ 400,000,000.00****************'*********** )each,and the execution of such undertakings, bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV-Officers:Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitations as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make, rn C execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in- M 0. fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and C executed,such instruments shall be as binding as if signed by the president and attested by the secretary. x m � O as By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: M= Ism m Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to — O d appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety 0 I— v d any and all undertakings,bonds,recognizances and other surety obligations. W I o� � � > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. p E c)— r +• 0. M o 3 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ,a Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting,Pennsylvania this 12th dayof July O.O O i 2011 4) C 7-5 *;e SAFECO INSURANCE COMPANY OF AMERICA 3 M O `' O E 5 r .x aR r 'k a � �, �. � to i rs5 :s By t o M y �.: ;, David M.Carey'A96istant Secretary 4-ci M i COMMONWEALTH OF PENNSYLVANIA ss O C 'to 40. COUNTY OF MONTGOMERY d I 0'a 3 I E y On this 12th day of July 2011 before me, a Notary Public, personally came David M. Carev, to me known, and '� d p acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he > executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the t v c>i direction of said corporation. +'C-4 ,F> L IN TESTIMONY WHEREO v,"!!eZ , subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year ;�M O first above written. r : s _ — — - -- -._..__ C Z V t.3 ��tn- x °" hfcttzru ,e3 O O Teiesa Paatelrla,Notary PuWki / '^ y �iG%�� 0 T- Montgomery Co;m:y By NN" 0 tD t.�i= Rkr•Camr^;scion Exp+res F73ar.2�',2013 Tere a Pastella,Notary Public CERTIFICATE ~ t+"CirEmr.Penmsyva'?'ta Asso;irdicn of si3?a ys 119'pe I,the undersigned,Vice Insurance Company of America,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct co fcorce and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September,2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN ESTIMONY WHEREOF,� h�aye hereunto subscribed my name nd affixed the corporate seal of the said company,this day of a 7gy Gregory W.Davenport,Vice President Company Profile Page 1 of 2 Company Profile SAFECO INSURANCE COMPANY OF AMERICA 175 BERKELEY STREET BOSTON, MA 02116 800-332-3226 Former Names for Company Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953 Agent for Service of Process KAREN HARRIS, C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 24740 NAIC Group #: 0111 California Company ID #: 1442-3 Date authorized in California: October 07, 1953 License Status: UNLIMITED-NORMAL Company Type: Property &Casualty State of Domicile: WASHINGTON 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 thelo�ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE http://interactive.web.insurance.ca.gov/webuser/idb_co_prof ut1.get_co_proVp_EID=3361 1/10/2012 ' Company Profile Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Perfonnance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Last Revised-May 26,201101:14 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_proVp_EID=3361 1/10/2012 UNITED SECURITY BANK N.A. 003017 COPPER RIVER RANCH VILLAGES, LLC 7088 N.FRESNO STREET 3720 11326 N.GLENCASTLE WAY FRESNO,CA 90-4149/121111 FRESNO,CA 93730-7003 01/04/12 PAY TO THE City of Fresno ****15, 000 . 00* ORDER OF $ *FIFTEEN THOUSAND DOLLARS AND NO CENTS DOLLARS City of Fresno 2600 Fresno St . Fregno CA 93721 MEMO 0003001 ---- —"�' 11000301711' 1: 1 21 L4 L495I: 002 1 27 6611' COPPER RIVER RANCH VILLAGES,LLC DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET G-030q 7 01/04/12 5973-1 15, 000 . 00 . 00 15, 000 . 00 CHECK: 003017 01/04/12 City of Fresno CHK TOTAL: * 15,. 000 . 00 CITY OF FRESNO PARKING 2600 FRESNO ST RM 4064 FRESNO CA 93721 559 621-8815 541619101303196 Merchant ID: 1910130319601 Sale VISA Entry Method: Swiped Total: $ 30.944.62 01�09r1� 19:03:01 Invo: 0000 Appr Code: 259NO Apprvd: Online BAN: ON370 I agree to Pay above total amount according to avreernent (Merchant e t i t voucher) __......_f.r:v.__..._._.....___. .. Merchant Copy THANK YOU! COME AGAIN!