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HomeMy WebLinkAboutT-6000 - Cashier Memo - 6/25/2012 City of IffI MEMORANDUM rn_io:=. .►`_ DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: June 25, 2012 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 6000 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$703,000.00 2. Payment Bond in the amount of$370,000.00 3. Certificate of Deposit in the amount of$37,000.00 (California Bank &Trust) 4. Copy of receipt of credit card payment on 6/4/12 in the amount of$166,889.02 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: June 22, 2012 4= TO: HEIDI BRIGGS Personnel Services Department ^� �n3* -11 oma= FROM: JONATHAN BARTEL =mrn 3 Ln Development and Resource Management Department i� W SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 6000 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: $703,000.00 2. Payment Bond in the amount of: $370,000.00 If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel RISk l►, AN, ,GENIENT DIVISION Approved: Approvef! 1ges �icsned Dtte Bond No.: 783343S Premium: $7,030.00/2 years Subject to Renewal SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and DeYoung Willow& Nees L.P. ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public Improvements,which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 6000 , Is hereby referred to and made a part hereof; and Whereas, principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Developers Surety and Indemnity Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Seven Hundred Three Thousand and 00/100 dollars ($ 703,000.00 ) 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 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_June 1 2012 Principal:pAounWillow&Nees L.P. By: Cu—� (Princ Surety: Q Iers SL etv aInde i Company By: (Sur ty) ayne amb,Attorney-in-Fact r , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On June 1, 2012 before me, KIMBERLY WILSON, NOTARY PUBLIC, personally appeared Wayne Lamb, 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. Wpti 9E� �F TH KIMBERLY WILSON WITNESS my hand and official seal. w COMM.#1885445 cn cc r_ NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY 'I IF' My Comm. Exp. April 10,2014 Si ture of Not 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(7/00) 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, Gary E. Richards, Wayne Lamb,jointly or severally— as their true and lawfulAllomey(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 Atlomey(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 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 Attomey,qualifying the allorney(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 allested by their respective Secretary or Assistant Secretary this October 4th,2011. By: ­A,Nn_/No �?ANY,c Daniel Young,Senior Vice-PresidentR;`°J�,.•'• pokA•'' : G POR y,,GOp�•.�ry=_ _ti GHQ qT� 5-�L v �`ti�C ?a OCT. ;mac_ 2OCT 5 p Y 10 Q By' `=C> 1936 fo= W 1967 Z Steve A.Tvedt,Vice-President State of California * " County of Orange On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt 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 0 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ANTONIO ALVARADOj 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. a GOMM.#1860643 g NOTARY PUBLIC I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is ORANGECOLIPtTY true and correct. My Comm.mores Aug.9,2013. WITNESS my hand and official seal. Place Notary Seal Above Signature ` Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary orAssistanl Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Altomey 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 Atlorney are in force as of the date of this Certificate. This Certificate isexecutedin the City of Irvine,Califomia,this 1 S t day of June, 2012 By; ZZ. ' l r Gregg Okur , istant Secretary ID-1380(Rev.10/i 1) Bond No.: 783343S Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of Californla, and DeYoung Willow& Nees L.P. ("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. 6000 , 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 Three Hundred Seventy Thousand and 00/100 dollars ($370,000.00 ), 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 June 1 , 20 12 Principal: DeYourA Willow&Nees L.P. By: _CWJ,-A A,---� rincipal) Surety: ers Sure n ...de Com an By: S ety WbynaK amb,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On June 1, 2012 before me, KIMBERLY WILSON,NOTARY PUBLIC, personally appeared Wayne Lamb, 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) N W NOTARY PUBLIC-CALIFORNIA u�i r FRESNO COUNTY My Comm.Exp, Aprfl 10,2014 Signature Notary NA►L 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(7/00) 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, Gary E. Richards,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 Attorney(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 r tified 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 Aftomey,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 October 4th,2011. Daniel Young,Senior Vice-President �;• F V=�J:�FiPOi�gT.•:�y AlCi OQPQp�T C) �] �G~'L 'W? G OCT. OCT.5 �o Y // 1p0Z n By: (/� o 1 9 3 6 'o S w 1967 Steve A.Tvedl,Vice-President ;��,, b'Z, 0 /0WA,,.as 2 9ClF R a State of California ylt County of Orange On October 4,2011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt 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 ` ANTONIO ALVARADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of COMM,#1880843 which the person(s)acted,executed the instrument. a g NOTARY PUBLIC CAL.IFOPMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. My cwa.eoQ,ires Aug.9.2013 WITNESS my hand and official seal. Place Notary Seal Above Signature ` Antonio Alvarado,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 corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate isseexecuted in the City of Irvine,California,this 1 S Vay of June,, 2012 By: F t Gregg Okur , istant Secretary ID-1380(Rev.10/11) Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17771 COWAN, SUITE 100 IRVINE, CA 92614 Agent for Service of Process SUSAN M. MOORE, 17771 COWAN SUITE 100 IRVINE, CA 92614 Unable to Locate the Agent for $ervice 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 Mines 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 the glossary. 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_prof?p_EID=100... 6/25/2012 Company Profile Page 2 of 2 Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Comt�osite Complaint Studies Want More? HelRMe Find a Company Representative in My Area Last Revised-June 05,2012 12:07 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=100... 6/25/2012 W AUTOMATICALLY RENEWABLE CALIFORNIA BANK V TRusr TRUST LL _ }- U SSUEDAT palm OFFICE resno CA DATE 05/30/2012 DJ (CITY OR TOWN) (STATE) W U * * * * ****De Young Willow & Nees ISP* * * * * * * * * * * *****13801991.93* UO (CUSTOMER NAME) (CUSTOMER NUMBER) _ F *Therty Seven Thousand & nO/100* * * * * w DOLLARS $37 ,000 _00 * * *City of Fresno* * * * ** HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO OR ORDER UPON MATURITY Q U) AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. THE MATURITY OF THIS CERTIFICATE WILL BE 05130/2013 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS O 0. Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR (B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED [� MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. a" SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF 0-0 c 0 %PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE T PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN / / �^ l� INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK. [//, - THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DE,OSIT. AUTHORIZED SIGNATURE CITY OF FRESNO PARKING 2600 FRESNO ST RM 4064 FRESNO CA 93721 559 621-8815 541619101303196 Merchant ID: 1910130319601 Sale AMEX Entry Method; Swiped Total; $ 166,889,02 ObiO4�12 16;32,04 Inca. 000003 0r Code; 597855 Awvd; Online Batchg; 000471 Customer Coco THANK YOU! COME AGAIN!