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HomeMy WebLinkAboutT-6037 - Cashier Memo - 10/1/2013 City of MEMORANDUM rn� y..�. PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: October 1, 2013 TO: BETH REUSCH Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 6037 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$610,000.00 2. Payment Bond in the amount of$321,000.00 3. Certificate of Deposit in the amount of$32,000.00 (California Bank &Trust) 4. Copy of receipts of credit card payment from Granville Homes on 09/25/13 in the amount of $34,392.04 and$60,000.00 totaling $94,392.04 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684. Thank you, Jonathan artel Ci1yo1 MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: September 24, 2013 TO: LORI NAJERA Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO.6037 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: $610,000.00 2. Payment Bond in the amount of: $321,000.00 If you have any questions, please contact me at 621-8684. Thank you, Jonathan Bartel RISK MANAGEMENT(Dyb�SION Approved o p o d /Changes o (201(3 �9 Date Bond No.: 7846445 Premium: $6,100.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas,the City Council of the Clty of Fresno, State of California, and GVM Development,LLC a California Limited Liabilir Com an ("principal') wilt be entering into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement,identified as Subdivision Agreement for the Final Map of Tract No, 6037 is hereby referred to and made a part hereof;..and Whereas,principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefore,we,the principal and Developers Surety and Indemnity Company ,as Surety,are held and firmly bound unto the City of Fresno("City"), in the penal sum of Six Hundred Ten Thousand and 001100 dollars ($ 610,000.00 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 Se tember.20 ,'2p 13 Princlpal:GVM DEVELOPMENT,LLC sy (Principal) 1)A ILLS 55 f'1 Sur ty:Develo ers_Suret an demnity Comp2 ( rer Cynthia Sauce a, orney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On September 20,2013 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. ,L or KIMBERLY WILSON WITNESS my hand and official seal. = COMM.#1885445 rn qG ' NOTARY PUBLIC-CALIFORNIAf :.: FRESNO COUNT: My Comm.Exp.April 10,2014 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 ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-rCw 24(7100) POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE.,CA 92623 (949)263-3300 ICNOW 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 Stater,Wayne Lamb,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 substitufion 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 1 st,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 attcmey(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 severally caused these presents to be signed by their respective officers and attested by their respective Secretary orAssistant Secretary this May 23,2013. Dant eiYoung,Senior Vice-President POq OCT. �? 2 e n OCT.5 O BY _- ` -- p>`, W 1967 X regg N.0 ice-President ' �v��j rpy�► •'�� �CIFO'P, a State of Cafifomia County of Orange On__. May 23,2013 _ before me, _ Gina L.Garner,Notary Public _ Date Here Insert Name and Title of the Officer personally appeared _ _ Daniel Young and Gregg N.Okura Names)of Signer(si who proved to me on the basis of satisfactory evidence to be the person(s)whose names)istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized M ' capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behalf of A .... ;; GINA L.CARNE 2 which the persons)acted,executed the instrument. r� COMM.4 2021213 � ".t;NOTARY PUBLIC CALIFORNIA� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CO!)AiTY true and correct. My comm expirt May 1%2017 WITNESS my hand and official seal. Place Notary Seal Above Signature _-_- Gina L.Garner,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 is executed in the City of Irvine,California,this 20th day of September , 2013 . BY ___.._ Mark J.Lansdon,Assistant Secretary 0-1380(1 Bond No:: 784644S Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas,tate City Council of the City of Fresno, State of California, and GVM Development.LLC,a Califomia Limited Liability Company (-principall 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 SubdiAsion Agreement for the Final Map of Tract No. 6037 is hereby referrer to and male'a part hereof;and Whereas, under the terms of the agreement,the principal is requited 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 Develoers Surtty and Indemni Company ,as corporate surety, are held firmly bound unto the City and.afil contractors,subcontractors, laborers,material men, and other persons employed in the:performance of the agreement and referred to in Title 15 (commencing with Section 30.82)of Part 4 of Division 3 of the Civil Code in the sure of Three Hu ndred Twenty One Thousand and 00/100 dollars (; . 321,000.00 _ 1, 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 attomeys fees, incurred by City to 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. if is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all.persons,.companies,and corporations ersfitled 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 forge 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'y:manner affect ifs 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 Seplernber 20 ,2013 Pnncipal.,GVM DEVELOPMENT, LLC $y: {Principal) Sur Develo rs uret�andifodemnity Company By: (Surety) Cynthia Sauceda, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On September 20, 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. KIMBERLY' Y WILWITNESS my hand and official seal. P(llVi6l=RLY�fiL5l}N COMM.#1885445 w 3s(tTAFtY PUBLIC-CALIFORNIA FRESNO COUNTi `\lfio;e My Cam..EHn.April?D,29141 Si ature 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 ® 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 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 CALIFORi 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 executon 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 severally caused these presents to be signed by their respective officers and attested attested by their respective Secretary or Assistant Secretary this May 23,2013. By: pANY 0A, Daniel Young,Senior vice-President e Fs vog ql� y �G Op POq��C' pOT. 'ice' � ��OCT.5 n `: i 0' W � By. regg N.0 ice-President ,�; 1 A 3 B 0 1967 \� State of California yrr j„o County of Orange On __- -i 3 2013 --...,. before me, Gina L.Garner,Notj Public"___ Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N.01 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that helshefthey executed the same in hislherltheir authorized capadty(ies),and that by hislhedtheir 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. S` COMM.#2021213 " N %RY M)BLIC CNJFORW I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CL111.11 Y true and correct. my COMM. May 16,2017 WITNESS my hand and official seal. Place Notary Seaf Above Signature... Gina L.Gamer,Notary Public CERTIFICATE The undersigned,as Secretary of 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 Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 20th day of September , 2013 By. — s� Mark J.Lansdon,Assistant Secretary ID-1380(i W ' AUTOMATICALLY RENEWABLE 4 C S CALIFORNIA BANK U TRC:Sr TRLfST H YISSUED Ar FRESNO MAIN r;FFIC- FRESNO OA DATE 9/24/13 LL: (CITY OR TOWN) (STATE) w � GVM DEVELOPMENT LLC 1340023463 U O (CUSTOMER NAME) (CUSTOMER NUMBER) THIRTY TWO THOUSAND DOLLARS AND N0/100 DOLLARS $**32,000.00** w it j HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK &TRUST PAYABLE TO CJ-TY OF FRESNO OR ORDER UPON MATURITY C Qu3 AS HEREINAFTER SPECIFIEDAND UPON PPESENTATfON AND SURRENDER OFTHIS CERTIFICATE,PROPERLY ENDORSED.AT THE ABOVE OFFICE. i THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE.AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS UNLESS:(A)AT LEASTTEN 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, SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF %PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED.AND SUCH INTEREST WILL d A BE 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 GGG 1� BANK-THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOT]CE,TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE OPS-1(05109] LL Account Number: 1340023463 Security Amount: $32,000_,00 ASSIGNMENT (Subdivision Agreement) SECURITY FOR: GVM DEVELOPMENT, LLC Hereinafter called ASSIGNOR, whose principal place of business is 1396 W. Herndon#101 Fresno CA 93711 do(does)hereby assign, and set over to the City of Fresno of the State of California, all right, title,and interest of whatever nature,of assignor, in and to the insured account of assignor in the CITY OF FRESNO, evidenced by CERTIFICATE OF DEPOSIT in the amount of 32 000.00 number 1340023463 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment caries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect,and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for Tract 6037—GVM Development, LLC -Yearly Tenn including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above named Bank of the assignment. Dated this 23rd day of September ,2013 GVM Development,LLC a California Limited Liability Company By: Derek Hayashi, RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold,claim or obligation of the above identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Bated this 2..4TH day of September ,2013 California Bank&Trust, 7060 N. 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