HomeMy WebLinkAboutT-6037 - Cashier Memo - 10/1/2013 City of MEMORANDUM
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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. Fresno Street Fresno CA 93720
Bank Name Branch Location City State
By
Name Title of Officer
KRISTI SCHULTE — VP& CUSTOMER SERVICE MGR
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