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HomeMy WebLinkAboutT-5995 - Cashier Memo - 8/10/2011 City MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: August 10, 2011 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5995 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$174,000.00 2. Payment Bond in the amount of$91,500.00 3. Check in the amount of$9,000.00 (Wells Fargo Bank N.A. No. 21595) 4. Copy of receipt for credit card payment 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, Jonath n Bartel F`tY of MEMORANDUM X16 i�: go DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 N DATE: August 3, 2011 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. 5995 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: $174,000.00 2. Payment Bond in the amount of: $91,500.00 Final Map is scheduled for Council action on August 25, 2011. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel RISK MAN GEMENT DIVISION Appro ed: P, Prov d w hanges: I fe Date •J 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 SUSAN M. MOORE, 11780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent 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 thelex. 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_prof9p_EID=100170 8/3/2011 Company Profile Page 2 of 2 Company Complaint Information Company Enforcement Action Documents Company Performance & 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_prof?p EI13=100170 8/3/2011 Bond No.: 5366335 Premium: $4, 160.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City,of Fresno State of California, and 5983 Enterprises, LP, a California Limited Partnership ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public Improvements,which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5995 is hereby referred to and made a part hereof;and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we,the principal and Developers Surety and Indemnity Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of One hundred seventy four thousand and No/100*** dollars ($ 174,000.00*** 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 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 July 25, , 20 11 Principal:5983 E is s LP a C .lifornia Limited Partnership By.._ (Principal) Surety; DevelopA Surety and Indemnity Company gy: 11.1 (Surety) At r y-In-Fact: Justin Smit CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On July 27, 2011 before me, Patricia L. Gavello, Notary Public, personally appeared Todd A. Wilson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. PATRICIA L. GAVELLO COMM. #1864607 � NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY qbMy Comm.Expltef October 9,2013 Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA I County of Fresno I On 1") before me, Roberta Voss, Notary Public Date Here Insert Name end Title of the Officer personally appeared Justin Smit Name(s)o1 Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(N issubscribed to the within instrument and acknowledged to Me that hq0*0= executed the same in his/ authorized capacity and that by his/ i*signatureN on the Instrument the ROBERTA VOSS personk, or the entity upon behalf of which the persona COMM. #1874218 acted, executed the Instrument. mti NOTARY PUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of FRESNO COUNTY the State of California that the foregoing paragraph Is true liy Comm.Eebiraa January 19,2Q14 and correct. Witness h:anOr nd fficial seal. Signature _ Place Notary Seal Above S;gnature 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(fes)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 w illil ❑ Attorney In Fact ❑ Trustee jamulgIB& ❑ Trustee ❑ Guardian or Conservator Top of thumb here F Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: 02007 National Notary Assodadon 9350 De Soto Ave-,P.O.Box 2402-Chatsaorth,CA 91313-2402-www.NationalNotary-org Item#5907 Reorder.Call Toll-Froo 1.800-878-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19Y25,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. ***Matt DeFendis, Justin Smit, Roberta Voss, Ann M. Ferguson, Mary Beth Smith, Mathew B. Harbeck, 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,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorneys)-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 Attorney(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 severalty caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By: d. �1 A�ft7 4yo GAP ANY, Daniel Young,Vice-President J QOJ{q`' �yy G Ppoq 9 ?moi CT, z ? T. n ur s10 .2 By: = 19 3 6 :o f LO 1967 Stephen T.Pate,Senior Vice-President 's_Cr.> r Z ry�O�POwCq[1 (0)9�`P Stale of California County of Orange On August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Names)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to 411 the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized JENNY TT WUY'EN capaclty(ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behalf of O which the person(s)acted,executed the instrument. Gomm.0 1781" NOTARY PUBLIC C,4120AM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE GOLN Y true and correct My comm.expires Feb.10.= WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n, Mary 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 corporations set forth in the Power of Attorney are in force as of the date of this Certificate. Lir sC This Certificate is executed in the City of Irvine,California,this day of JV �'�. ZBy. 'f regg Okur , istant Secretary ID-1380(Rev.11109) Bond No.; 5366335 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and 5983 Enterprises, LP, a California Limited Partnership ("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. 5995 ' 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 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 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 Ninety one thousand five hundred and No/100*** dollars ($ 91,500.oo** ), 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 remaln 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 July 25 , 20 11. Principal: 5983Enterprises , a California Limited Partnership By:_ - ipal) Surety: Develo er., Surety and Indemnity Company By: Urety) Attorney-In-Fact: Justin Smit CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On July 27, 2011 before me, Patricia L. Gavello, Notary Public, personally appeared Todd A. Wilson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. PATRICIA L. GAVELLO COMM. #1864607 -� NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY _My COMM,EX001100!c ber 9,2013 Signature of Notary Public Y - -- I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Fresno On } ( before me, Roberta Voss, Notary Public Date Here Insert Name and Title of the Officer personally appeared Justin Smit l Name(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(Do whose name(4 issubscribed to the within instrument and acknowledged to the that hu,0DOM executed the same in his/ (authorized capacityZM and that by hIs/jg0tW slgnaturelM on the Instrument the ,pk ROBERTA VOSS personja or the entity upon behalf of which the persona ` COMM. #1874218 acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA '– s FRESNO COUNTY I certify under PENALTY OF PERJURY under the laws of `yN My Comm.Expire+January 19,2014 the State of California that the foregoing paragraph Is true and correct. Witness my ha o and official seal. Signator . 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: Slgner(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Tltle(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney In Fact l ❑ Trustee ❑ Trustee I ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: i I ®2007 National Notary AssWadon•9350 De Soto Ave-,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NagonalNotary.org Item#5907 Fieorder.Call Toll-Free 1.89o-87&6827 i • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19125,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: ***Matt DeFendis, Justin Smit, Roberta Voss, Ann M. Ferguson, Mary Beth Smith, Mathew B. Harbeck, jointly or severally*** as their true and lawful Attorneys)-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 do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-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 Paver 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 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 severalty caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By. a tv Aga,,Q pAN yo Daniel Young,Vice-President �y`�. Q0 Al z SOP z u+ 1 :�y^ � OCT.5 . 11 O By:- 1936 ?o ua 1967 Stephen T.Pate,Senior Vice-President ati c, P Z /OWN9flFpFi�� A. State of California ''�,,,, 1k ,,,� County of Orange On August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histherltheir authorized ►i{3UYE!i capacity(ies),and that by histher/their signature(s)on the instrument the person(s),or the entity upon behalf of NY TT which the person(s)acted,executed the instrument. COMM.#1791640 NOTARY PUBLtC C� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CL)VW Y true and correct. My comm,expires Fete t St,= WITNESS my hand and official seal. 11 Or, Place Notary Seal Above Signature - -----• Je TT Ng I n, Lary 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 corporations set forth in the Paver of Attorney are In force as of the date of this Certificate.. This Certificate is executed in the City of Irvine,California,this�`'day of 1 y 7117 ti i By, ' ►t r regg 0k,-,r istant Secretary I D-1380(Rev.11/09) WILSON HOMES INC. 21595 City Of Fresno 7550 NORTH PALM,SUITE 102 FRESNO,CA 93711 DATE INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 8-03-11 8-03-11 Tr 5995-Deposit ILO 9000 . 00 . 00 9000 . 00 CHECK 8- 03-11 CHF_CK 21595 TOTALS 9000 . 00 . 00 9000 . 00 DATE NUMBER WILSON HOMES INC. WELLS FAFJGOBANK,N.A.. 11-24 "1 - 7550 NORTH PALM;SUITE 102 1210(8) 215' ,^ FRESNO,CA 93711 (559)224-7550' Y Pay: **************************************Nine thousand dollars and no cents ` „`. DATE CHECK NO. AMOUNT ' August 3 , 2011 21595 $******9, 000 . 00 PAY Clty, O� reSriO WILSON HOMES INC. 8 P. O. Box 45017 TO THE ORDER OF Fresno, CA 93718 1351 1100 2 IS9Sill 1: 1 2 1000 24B1: L, 1 2 1 206 2 13110 CITY OF FRESNO PARKING 2600 FRESNO ST RM 4064 FRESNO CA 93721 559 621-8815 541619101303196 Merchant ID: 1910130319601 Sale mxxx=1021 Nix Entry Method: Swiped Total: S 106,434,39 08/01/11 18:14:41 Inv : 000002 Appr Code: 524099 kprvd: Online Batch#: 000266 Customer Copy THANK YOU! COME AGAIN!