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PM 2008-18 - Cashier Memo - 1/10/2017
Report ID: ZGLCO210 City of Fresno Page No. 1 Daily Receipt Report Run Date Jan/11/2017 Run Time 3:36:24 PM Business Unit: FRSNO Deposit Id: 33601793 Acct Date: 1/10/2017 Type/Method: CashDep / Check&Cash Assign to ROBINM Journal Acct Fund Ih In all Pf III Prj1cvt Actirity Id FIs I pe Payment Id Line Defer mount 22900 63509 180201 2017 336 PWA-I 984WARRANTY SCTYPM2008-18 -3,000.00 34579 10101 180422 2017 336 PWA-1984 MONUMENT CHECK FEE -200.00 34599 10101 180203 2017 336 PWA-1984 DOCUMENT PREP FEE -2,290.00 10110 63509 2017 336 PWA-I 984WARRANTY SCTYPM2008-18 3,000.00 10110 10101 2017 336 PWA-1984 MONUMENT CHECK FEE 200.00 10110 10101 2017 336 PWA-1984 DOCUMENT PREP FEE 2,290.00 Total Lines: 6 Totals Debits: 5,490.00 Totals Credits: -5,490.00 End of Report City of CASHIER'S MEMO FINANCE DEPARTMENT DEPT/DIV NAME PW ADMIN-ACCTG rn6��y�►� 2600 FRESNO STREET, ROOM 2156 CASHIER MEMO# PWA1984 FRESNO, CA 93721-3621 Activity Date 01/10/2016 Deposit Date 01/10/2016 $5490.00 Name 6354 Figarden General Partnership/Village Walk Executive Suites Deposit ID Address Account No. Fund Org PC BU Description/Reference Project Activity ID Resource Type Amount 22900 63509 180201 DPW Warranty SCTY PM 2008-18 $3000.00 - 34579 3000.00 _34579 10101 180422 DPW Monument Check Fee -------------------------------------• --------- $200.00 34599 10101 180203 DPW Document Preparation Fees -------------------------------------------- ------------------ $2290.00 i ... ---------------- ----------- Card Type: ❑Visa ❑ MasterCard ❑ Discover ❑American Express Name on Card: Last 4 Digits of Card No. ELECTRONIC DEPOSIT BREAKDOWN OF CASH & CHECKS ❑ Credit Card M Direct Deposit/Wire-In ❑ Cash ® Check ❑ Money Order Total Visa/MasterCard/ Check No Date Amount Discover/Debit Card $ 1's $ .01 $ Total American Express $ 2's $ .05 $ $ Total Internet $ 5's $ .10 $ $ Total Direct Deposit $ 10's $ .25 $ $ Total Wire-In $ 20's $ .50 $ $ TOTAL 50's $ 1.00 $ $ Electronic Deposit $ 100's $ $ Prepared By: Robin Madrid 621-8661 TOTAL Currency $ 0.00 Name Phone No Signed: TOTAL Coin $ 0.00 Copies sent to: TOTAL Checks $ 0.00 ® Customer ® Accounting TOTAL CASH & CHECKS $0.00 ® File o § V > W 0 0 = = § g � \ / � 2 2 , § _ * CD2 o 00 OC ] n � n � - i C ) cr ƒ ON � # � .. .. .. .. r § 7 n / @ n > o / - . 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CD O w W � O N N _O O O � W p"j in A C -p -1; T F} R oh CD rsy w w 3 � � m j o � c y r m e Q ° io d a o N 2 CD b O CD � O � v C lD W J 'lNll SIXl an'fiN,r X15 LO rwvas aArb�11]fl YY Z C � w ,wwRM"lsgaq'palis odaq 3 z ,rn nrw.n p m iaew YD• 7N3-AW romnAvmyuvmusaij jo Ali:) D — c�i� �• /�nse2�1/luawUe�d ��rLir�ousa�j jo A]!D = G —+ n o7 Ajup3Maorb*&j& Finance Control No. CITY OF FRESNO SECURITY DEPOSIT FORM TO: Finance Department—Accounting Division FROM: Robin Madrid DPW-Admin ❑ CD ❑ Passbook ❑ Bond ® Other Payment Bond Deposit at: Bank 6354 Developers Surety and Indemnity Compnay Branch Fresno Certificate/Account No. 705290S Deposit Amount $29,000.00 Maturity Date Depositor: Name Fi arden General Partnership Address _ Fresno, CA 93711- _ (Street) (City/State) (zip) Job/Tract/Description JPa ment Bond) Parcel Map No 2008-18 Received By: Johnathon Bartel DPW 1/10/2017 (Name) (Department/Division/Org) (Date) "All DPW CD's and Bonds to be released by Construction Management. Authorization to Release (Signature) Release To: Name Address (Street) (City/State) (zip) FINANCE USE ONLY Accepted By: (Name) (Date) Released By: (Name) (Date) Hand Typed of Release: Mailed _ Delivered (Date) (Date) I acknowledge receipt of the above referenced instrument: Signature: Date: Comments: C:\Users\robinm\Desktop\Performace Bond 29K.doc Finance Control No. CITY OF FRESNO SECURITY DEPOSIT FORM TO: Finance Department—Accounting Division FROM: Robin Madrid DPW-Admin ❑ CD ❑ Passbook ® Bond ❑ Other Performance Bond Deposit at: Bank Developers Surety and Indemnity Compnay Branch Fresno Certificate/Account No. 705290S Deposit Amount $58,000.00 Maturity Date Depositor: Name Figarden General Partnership Address Fresno, CA 93711- (Street) (City/State) (zip) Job/Tract/Description: (Performace Bond) Parcel Map No02008-18 Received By: Johnathon Bartel DPW 1/10/2017 (Name) (Department/Division/Org) (Date) **All DPW CD's and Bonds to be released by Construction Management. Authorization to Release (Signature) Release To: Name Address (Street) (City/State) (zip) FINANCE USE ONLY Accepted By: (Name) (Date) Released By: (Name) (Date) Hand Typed of Release: Mailed Delivered (Date) (Date) acknowledge receipt of the above referenced instrument: Signature: Date: Comments: C:\Users\rob in m0esktopTerformace Bond 58K.doc City e��■�� -- MEMORANDUM rnww:: ■g PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: January 10, 2017 TO: YOLANDA SMITH Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR PARCEL MAP NO. 2008-18 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1 Performance Bond in the amount of$58,000 00 2 Payment Bond in the amount of$29,000.00 3. Check in the amount of$3,200.00 (Bank of America No. 1081) a. $3,000.00 for 5% Performance Security b. $200.00 as identified on Exhibit B of the Subdivision Agreement 4 Check in the amount of$2,290.00 (Bank of America No. 1079) a. Deposit into 180203 10101 34559 for document preparation fees 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684. Thank yo Jonathan Bartel CTes��■. - MEMORANDUM .11l� PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: November 22, 2016 TO: HEIDI BRIGGS Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR PARCEL MAP NO. 2008-18 Attached are original bonds required for the subdivision agreement for the Parcel Map. Please review the following bonds for conformity to City acceptance policies: 1 Performance Bond in the amount of: $58,000.00 2. Payment Bond in the amount of: $29,000.00 If you have any questions, please contact me at 621-8684 Thank you, ����, RISK AHAGE�aNT oIvtstioH App o Jonathan BartelApproved wIC nge$ [ ] I e� s• 4 =)- NOT 2 2 2016 Bond No.: 7052905 Prem $1,392.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and 0354 FTC,� CO%RAT. P R'TNFRSHTP ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for Parcel Map No. ]8 , is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and DEVFT(Mq R RFTY Alm )NDEMNMs]'E4y as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of FifW i" Tulsard and (]I '::': :y ** dollars($ Sfi�' L:':'.::':) lawful f t money ohe 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 Fare 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 NauTbpr 17. _--- , 2016 Principal: PAW Epal) Spence- �ree• � �o r iiYt Suret ME'NTIY=ANY r B (Su .ty) H. Ptorpe _.r Attorney-in-Fact A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfullness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On __ 1].-17-]b_ before me, DFRRIF. YC}l, C;_ IV(7TARY �'[F3I.7 C _Date re Insert enre and �tle DI 9ie Officer personally appeared DFNNT S 11. POPE sr Of sl9ne 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/shefthey executed the same in his/her/their authorized DEBBIE YOUNG capacity(ies), and that by his/herAheir signature(s) on the 'r COMM.# 2026340 instrument the person(s), or the entity upon behalf of N NOTARY PUBLIC-CALIFORNIA N which the person(s) acted, executed the instrument. FRESNO COUNTY MY COMM. Exp. JUNE 23, 2017 "" 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS roy band a ft ciai seal. Signature Place Notary seal Abare Sigrmture ar Natary hlfC OPTIONAL Though the inlomtation below is not required by law,it may prove val*rbla to parsons relying on the document and could prevent fraudulent removal and reattachment of Ibis form to anoLftr'r dxvment. Description of Attached Document Title or Type of Document:Bad M - 63514 RiCmml PnrbmL-thin _ Document Date: 11-17-16 _ Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Tltle(s):. ❑Corporate Officer—Title(s): O Partner—❑Limited O General O Partner—O Limited ❑GeneralRIVUH _ _ iog KI Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thurnb here ❑Trustee Top:of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: _ ❑Other: Signer Is Representing: Signer Is Representing: LUBLFERS SURIIy AIS ME= Q11PAW 02007 Na*mW Notary A=daUm 9 9350 De Soto Ame.,P.O.BoK 2402•ChaWAw h,CA 91313-2402•www.NadmWNO(ary.org tlem#5907 Header.C X TWFree 140M76-68Z7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CalifniS County of �- „ On vcooc✓l�a-e� on , ,q,o)bbefore me, C_ 113 U\� �1-L (insert name and title of the officer) personally appeared `=r i' E N C'_,C P_ L C-' M k) t-�! ��)_L L t-9.A, 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-Irelshe/they executed the same in WsAw/their authorized capacity(ies), and that by Wsih r/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. USHA CHALASANI WITNESS my hand and official seal- COMM. 02143755 � ° Notary Public•California c z Fresno County I My Comm.Eeriies Mar.20,2020 Signature �- i -(Seal) Bond No.: 7052905 Pre[atm Imhs)ed in PErFormm-Yye Bord SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and 5.35-E' FIG4M CRUAL PARDERMIP („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 Parcel Map No. 2008-18 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 DEVEIDPERS SURETY AND INDE TIY OPANY as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, 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 inthesum o � . . .r .: .r +: -±- .dollars for materials furnishe 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 Nwurbsr 172 , 2015 Principal: NERAL PARUNERSHIP By: �r-- �4rJA al) SCG AnAn �F •• Surety: _ SM1Y ANB7FURINMCNAW r BY urety Attorney-in-Fact A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfullness, accuracy, or validity of that document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fresno On 11-17-16 before me, Date 14e re insen Name and Tate of"Deicer personally appeared I)ENNIS H. POPE sy a igne 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/shet hey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the DEBBIE YOUNG instrument the person(s), or the entity upon behalf of CO&IM.# 2026340 ffnn which the person(s) acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA V! FRESNO COUNTY I certify under PENALTY OF PERJURY under the laws MY COMM. EzP. JUNE 23, 2017 of the State of Calffomia that the foregoing paragraph is true and correct. WITNESS rn hand a d icial seal. _ Place Notary Seal Above Signature re of Notary bliC OPTIONAL Though the information below is not required by law,it may prove vaJVble to persons relying on the document and could prevent fraudulent removal and reattachment of Ibis form to another document. Description of Attached Document Title or Type of Document: Document Date: 11-17-16 Number of Pages:. _ 2 Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Tftle(s):. ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General M Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top.of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: _ ❑Other: Signer Is Representing: Signer Is Representing: DEVELFFRS 2EM AIVD INDII`1VT1Y Q29PANY 02007 NaborW Notary Aseodadori•9350 De Sob Awe,P.O.floc 2402•chabworth,CA 91313.2402•wvwr.NatlormHolaryorg Mm#5907 Heorder.Celf Toll-Free t-Sof}876.6827 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On Dov(?-m e� :t L--.,z_ l before me,U:�,H {� r (insert name and title of the officer) personally appeared N L C- 4Z t-RIEF- M A Pi C�� �O R�PL" FRE�.f1 A� 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. USHA CHALA5A1fl WITNESS my hand and official seal. b COMM. 02143755 z a Notary Public•California o Fresno County 1 Comm.Expires Mar.20, w 2l}2(} Signature \ .Seal) � �� 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: ***Dennis H. Pope, Debbie Young,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 suretyship 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 severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29,2015. . y AND O NFAN Y 0 By. Daniel Young,Senior Vice-President q� qp DORAT ,ys • p !i� 1 r a: OCT :_ z — OCT.5 d n 10 By: o> 1 936 :r ' 1967 Mark Lansdon,Vice-President s7�.,�[7wA,,.•,ds.•' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On January 29,2015 before me, Lucille Raymond,Notary Public Date Here Insert Name and Title of the Officer personally appeared _. _____________ ___ _... __ ..... Daniel Young_and Mark Lansdon 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 capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted,executed the instrument. Commission+�2051915 Notary PubNc•Callfornla I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Z Oranpa County true and correct. M Comm.Expires Oct 13,2010 WITNESS my hand and official seal. Place Notary Seal Above Signature -- LucilltoAond.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 17th day of DbVEn Er, n6 By: ' Cassie J. rrisford,Assistant S�t, ID-1380(Rev 01/15) 11/28/2016 Company Profile CALIFORNIA M1.1.Ji, IJFi COMPANY PROFILE Company Profile Company Search Company Information Company Information DEVELOPERS SURETY AND INDEMNITY COMPANY Old Company 17771 COWAN, SUITE 100 Names IRVINE, CA 92614 Agent for Service Reference Old Company Names Effective Date Information NAIC Group List Lines of Business Agent For Service Workers' KARISSA LOWRY Compensation 2710 GATEWAY OAKS DRIVE Complaint and SUITE 150N Request for SACRAMENTO CA 95833 Action/Appeals Contact Information Financial Statements Reference Information PDF's Annual Statements NAIC #: 12718 Quarterly Statements California Company ID #: 4606-0 Company Complaint Date Authorized in California: 08/30/1999 Company Performance & License Status: UNLIMITED-NORMAL Comparison Data = - Company Company Type: Property &Casualty Enforcement Action State of Domicile: __] IOWA Composite Complaints Studies Additional Info back to top Find A Company Representative In NAIC Group List Your Area View Financial Disclaimer NAIC Group #: 2538 AmTrust NGH Grp Lines Of Business 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 back to top https:Hi nteractive.web.insurance.ca.gov/com panyprofile/com panyprofi le?event=companyProfii le&doFuncti on=getCom panyProfii le&ei d=100170 1/2 11/28/2016 Company Profile O 2008 California Department of Insurance https:/fi nteracbve.web.insurance.ca.gov/com panyprofile/com panyprofi le?event=com panyProfiile&doFuncbon=getCom panyProfi le&eid=100170 2/2 11/28/2016 Developers Surety and Indemnity Company-Company Profile-Best's Credit Rating Center A.M. Best Rating Services Developers Surety and Indemnity Company (1) A.M.Best k:011752 NAIC M 12719 FEIN M 420429710 Mailing Address View Additional Address Information qrwiiftwsir alhn4iMIll P.O.Box 19725 Irvine,CA 92623-9725 Br st A 8ecalbnt United States Assigned to insurance companies that have,in our opinion, Web:www.amtrustsurety.com an excellent ability to meet their ongoing insurance Phone:949-263-3300 obligations. Fax:949-252-1959 Based on A.M.Best's analysis,051002-AmTrust Financial Services Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of ooeraling insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A(Excellent) Affiliation Code: r(Reinsured) Financial Size Category: XIV($1.5 Billion to$2 Billion) Outlook: Stable Action: Affirmed Effective Date: July 08,2016 Initial Rating Date: January 29,1996 Long-Term Issuer Credit Rating View Definition I Long-Tenn: a Outlook: Stable Action: Affirmed I Effective Date: July 08,2016 Initial Rating Date: June 06,2007 u Denotes Under Review Best's Ratino Best's Credit Rating Analyst Rating Issued by:A.M.Best Rating Services,Inc. Director:Jennifer Marshall,CPCU,ARM Senior Director:Michael J.Lagomarsino,CFA,FRM Disclosure Information View A.M.Best's Rating Disclosure Form i-- /4.M.Best Affirms Ratings of AmTtusl Flnanclal Snrvleeg 1nC and Ils,Sutss6dlaries July 08,2016 r 'I Rating History A.M.Best has provided ratings&analysis on this company since 1996. Financial Strength Effective Date Rating 7/8/2016 A 5/29/2015 A 5/30/2014 A 1/8/2014 A 9/20/2013 A-u - 6/17/2013 A- 5/31/2012 A- Long-Term Issuer Credit Effective Date Rating 7/8/2016 a 5/29/2015 a 5/30/2014 a 1/8/2014 a 9/20/2013 a-u 6/17/2013 a- 5/31/2012 a- http://www3.ambest.com/ratings/enbties/SearchResults.aspx?AltSrc=9 1/2 11/28/2016 Developers Surety and Indemnity Company-Company Profile-Best's Credit Rating Center AMB Credit Reports — AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:9/13/2016(represents the latest significant change). -- Historical Reports are available in AMB Credit Report Archive. View additional news,reports and products for this company. Press Releases Date Title II Jul 08,2016 e t Affirri1s Matin s of ArriTru51finantial Services,Irir,and Its SUbsidiartes May 29,2015 gest Affirais RaLlags of ArriTTWSI F ices Inc.and Iq Subsidiaries Apr 23,2015 A.M.RV5 t Places Ratinus pf-So r ng Ti el d In S urance Cc?m pany Under Review W th P sitive Inn [i catig ns Jan 08,2014 .M.Best Upgr.)des Exitiricis of Dev o @rs Surety a rid Indarnnity Corn nanX and Indemnity Company of California i Sep 20,2013 A.M-Best Places Rating§of L7eveippers Surety and lndemnorn n ty C_I2�y and Inderrinity,Cam arLj of California Under Revieyq i May 31,2012 A_M.B Revises Outlook to Negative for bevelo pers Surety and Inderninily prid Its SubsidiaD.find rnni Irl n of California j 'i i "r European Union Disclosures A.M.Best-Europe Rating Services Lim:led(AMBERS),a subsldlaryof A.M.Best Rating Services,In(,,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the£U as per Directive 2"6/48/EC. Australian Disclosures A.M.Best Asla-Pack Limited(AMBAP),Australian Reglslered Body Number(ARBN No.1503752B7),is a limited liability company incorporated and domiciled in Hong Kong.lSNok is a wholesale Australian Financial Services(AFS)Licence holder(AFS No.411055)under the Corporarlons Act 2001.Credit Ratings emanating from AMOAP are not intended for and must not be dialoq.le�d to any person in AuWaliia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail dienl in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended forwholesale clients only,as defined. Credit Ratings deteitmlrted and dimeminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are stalemenls of opinion and not statements of fact.They am not recommmndallons to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a mcvmmendahpn to be used to make investment/purchasing deGgiens, Important Notice:A.M.Best's Credit Ratings are independent and objective opinions,not statements of fact.A.M.Best is not an Investment Advisor,does not offer investment advice of any kind,nor does the company or Iis Ratings Analysts offer any form of Sfrucluring or financial.advlce.A.M.Best's cradll opinions are not reconvmendallons to buy,sell or hold securities,or to make any other investment decisions. For addillonal Informlion regarding the use and limilations of Credit Ratmg opinions,as well aa1he rating process,infnni-nallon requireriienls and other ralhig related tears and definitions,plaasa view Undffmianding Best's Credit Rallntls. About A.M Best I Site Map I Customer Service I Member Center I Contact Info I Careers I Terms of Use I Privacy Policy I Security I Legal 8 Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2016 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. http://www3.am best.com/ratings/enti ties/SearchResults.aspx?AJtSrc=9 2/2 Recording Requested By and When Recorded Mail To: City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE-GOVERNMENT CODE 6103 and 27383 City of Fresno Public Works Department P.W. File No. 5494-2008-18 SUBDIVISION AGREEMENT PARCEL MAP NO. 2008-18 Subdivision Agreement Parcel Map No. 2008-18 Page 3 1. The Subdivider shall perform the work and improvements at the time a permit or other grant of approval for development of the parcel is issued by the City or before one(1)year of the date of this agreement, whichever occurs first, unless prior to this date of performance an extension of time is approved by the Public Works Director. 2. Prior to the commencement of the work, the Subdivider shall submit engineered construction plans to the City Engineer for review and approval. The cost to prepare and process such plans,and the inspection of such work,shall be the responsibility of the Subdivider. The work shall be performed and inspected under a Street Work Permit issued by the Public Works Department pursuant to such approved construction plans. 3. All of the work and improvements and materials shall be performed, installed, and provided in accordance with the construction standards contained in the most current edition of the City of Fresno Standard Specifications and Drawings (City Council Resolution No. 70-36 and Resolution No. 84-361)and any amendments thereto, hereinafter referred to as the"Public Works Standards," which are incorporated herein as though set forth in full. All of said work and improvements shall also comply with the requirements of Chapter 15, Articles 35 and 36 of the Fresno Municipal Code. In situations where there are no Public Works Standards for an item of work, it is agreed that such work shall be performed in accordance with the standards and specifications of the State of California, Department of Transportation as determined by the City Engineer. 4. The work and improvements are stipulated in the Conditions of Approval and include the following: a. All utility systems shall be installed underground. Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 78-522. The Subdivider shaft construct a complete underground street light system as approved by the City Engineer prior to final acceptance of the parcel map. Height, type, spacing, etc., of standards and luminaries shall be in accordance with Resolution No. 78-522 and shall be approved by the City Engineer. b. Water main extensions and services shall be provided in accordance with applicable provisions of Chapter 6,Article 5 of the Fresno Municipal Code and all applicable Subdivision Agreement Parcel Map No. 2008-18 Page 5 Amendment to this Agreement until such time as the Subdivider has provided the Performance Security required by the Amendment. 6. Prior to the approval of the Parcel Map by the City, the Subdivider shall pay to the City and/or execute a covenant to defer certain impact fees due which are eligible to be deferred pursuant to FMC Section 12-4.604, the total fees and charges due as a condition of Parcel Map approval. The total fees and charges are more particularly itemized in Exhibit"B,"attached hereto and made apart of this Agreement. Subdivider may receive designated fee credits from the City as offsets toward a UGM or development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. Subdivider acknowledges and agrees any such fee credits are provided contingent upon the City accepting required infrastructure improvements completely installed by Subdivider. Until then,and notwithstanding any other provision,Subdivider expressly agrees Subdivider has no right to any portion of any fee credit and the Director of Public Works for the City,in the Director's sole discretion,may unilaterally amend this Agreement effective upon mailed notice to Subdivider to adjust(including adding, reducing or removing)credits at anytime prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdivider shall pay in full any UGM or development impact fees, due from modification of the fee credit, prior to approval of the Parcel Map or as may be deferred by a fee deferral covenant. If the Parcel Map has already been approved and there is no applicable fee deferral covenant, all such fees shall be promptly paid by Subdivider. The City may enforce recovery of such fees in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code or successor statute. 7. Upon acceptance of the required work by the City Engineer,a warranty security shall be furnished to or retained by City in the minimum amount identified in said Exhibit "A," for guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 15-3807 Subdivision Agreement Parcel Map No. 2008-18 Page 7 C. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a" and "b" of this Section. Notwithstanding the preceding sentence, any subcontractor who is a"design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs "a"and "b"of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,forfeitures,costs and damages(whether in contract,tort or strict liability,including but not limited to personal injury,death at any time and property damage),and from any and all claims, demands and actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals;officers, employees, agents or volunteers in the performance of this Agreement. d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified,shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. e. This Section shall survive termination or expiration of this Agreement. 10. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either(i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than"A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office(ISO)Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations,contractual liability(including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. Subdivision Agreement Parcel Map No.2008-18 Page 9 than a five(5)year discovery period, or(ii)the coverage shall be maintained for a minimum of five (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City,its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due Subdivision Agreement Parcel Map No. 2008-18 Page 11 14. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer and accepted. 15. Any damage to the sewer system, concrete work, or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the Subdivider before bonds are released or final acceptance of the work and improvements. 16. Adequate dust control shall be maintained by the Subdivider on all streets within and without the subdivision on which work is required to be done under this Agreement from the time work is first commenced until the paving of the streets are completed. "Adequate dust control' as used herein shall mean the sprinkling of the streets with water or the laying of a dust coat of oil thereon with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph,the City Engineer shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such notice may be personally served upon the Subdivider or,if the Subdivider is not an individual, upon any person who has signed this agreement on behalf of the Subdivider or,at the election of the City Engineer,such notice may be mailed to the Subdivider at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours afterthe mailing thereof as herein provided,the Subdivider shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control,the City Engineer may,without further notice of any kind,cause any such street or streets to be sprinkled or oiled,as he may deem advisable to eliminate the scattering Subdivision Agreement Parcel Map No. 2008-18 Page 13 hereunder including, without limitation, payment of prevailing wages, competitive bidding, subcontractor listing,or other matters. City shall not be liable or responsible,in law or equity,to any person for Subdivider's failure to comply with any such laws,whether the City knew or should have known of the need for the Subdivider to comply,or whether the City failed to notify Subdivider of the need to comply. The Subdivider is referred to the City's Department of Public Works, Construction Management Division to obtain the current prevailing wage rates, to the extent said rates are applicable to the construction of any of the Improvements. 22. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement,the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegals'fees and expenses,attorneys,consultants fees and expenses,expert witness fees and expenses,and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as"attorneys'fees"or as"costs"under California law,and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys'fees. 23. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 24. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. Subdivision Agreement Parcel Map No. 2008-18 Page 15 The parties have executed this Agreement on the day and year first written above. CITY OF FRESNO, SUBDIVIDER a Municipal Corporation 6354 FIGARDEN GENERAL PARTNERSHIP, Public Works Department A California General Partnership Scott Mozier, P.E., Director By: By: Andrew J. Benelli, P.E.,Assistant Director J dan M. Freema artner By. _ -- j .... .__.. ... Spencer J. Fre6maman�, Partner APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: MMRaterman-Doidge Xputy City Attorney Date: ) / 10 / (Attach Notary Acknowledgments) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of -Z),_a�ZO ).� before me, -S C�1'r f�L 1'rS 1.71 Y Ru��PC (insert name and title of the officer) personally appeared R--D A-f J M �� r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arm, subscribed to the within instrument and acknowledged to me that he/shaAbay executed the same in his/hed4ttek authorized capacity(ies), and that by his/he#HT%-k 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. USHA CHALASANI WITNESS my hand and official seal. o COMM. #2143755 z Notary Public• California o .5,A Fresno County My Com.Dues x ries Mar.20,2021) i Signature (Seal) SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 28, 2014, in the office of the Fresno County Recorder, as Document No. 2014-0009518 of which the Deed of Trust in, by and between 6354 Figarden General Partnership dba Village Walk Executive Suites, a California general partnership, as Trustor, Stewart Title of California, Inc., as Trustee and Valley Business Bank, Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Parcel Map of No. 2008- 18. Dated: , 2016 BENEFICIARY VALLEY BUSINESS BANK By: Name: �' Title: r r! CrGd1 f h�N By: Name: Title: EXHIBIT A Parcel Map No. 2008-18 A. ESTIMATE OF DESCRIPTION AND COST OF THE WORK AND IMPROVEMENTS ESTIMATED ESTIMATED [DESCRIPTION QUANTITY UNIT COST I COST Sidewalk 7.8621 $6.001 $47,172.00 4 foot Chanin Link Fence 631 $10.001 $6,310.00 SUB-TOTALI $53,482.00 10% CONTINGENCY* $5.000.00 FINAL COST ESTIMATE-1 $58,000.00 *Amounts rounded to nearest$1000 The work and improvements, quantities and costs are estimates. The actual extent of the work and improvements shall be established by the construction plans approved by the City Engineer. B. IMPROVEMENT SECURITY REQUIREMENTS(due with subdivision agreement) **Amounts rounded to nearest$100 Performance Security (100%of Final Cost Estimate)" 95%of amount shall be in the form of a Bond by duly authorized corporate L $55,000.00 sureties 5% of amount shall be in Cash or a Certificate of Deposit $3,000.00 Payment Security (50%of Final Cost Estimate)** 100%of amount shall be in the form of a Bond by duly authorized $29,000.00 corporate sureties C. WARRANTY SECURITY(due as condition of acceptance of the work)"* 5% of first$50,000 of the Final Cost Estimate $3,000.00 3% of next$50,000 $0.00 1%of next$400,000 $0.00 0.5% of amount over$500,000 $0.00 Minimum Amount L $3.000.00 _ N c m mo n Q ° X � m 3 S 1 O r n m [13 ry m p r n o m o ;r H m = d tb n a m W m m H 0 o A o0 00 -n W w W f z CllM3 �o21 > -.uicn_ m (D.0 o ''<,a£o 2M 01 140 �' n 1 0 nim 9' a CCL (n S mN m N 0 � m o s S Z �0 v ❑ m -to="m m2 2_c a m 3 � f m y and m n D°�. m p y � 9 Uri ^' > > v n > >=v m e v� W 2 of and m CL CD dam gm�� m m ` � � 3� -" mOy 01 rn m Q U) :,r (nQ�o m in y p v m m� F u .y C 2 �O m z s� ° �. d 3 Q m m pm ��CD � -moi CD m m y O m D 7 m (fl o m m� s m� m a i3 m O 41 y p C m y CD v C m D F h O• d m Z OD (nv @a �D a-0 m D � D ^gym ^zea, °1 umi % W v 0 3 _� 0 3 �_o o m m ? m_ ? m (aG N ism �n g� O m m -1 �r Ch (0 C. a -:1 3 K) N Q 3 n .► '� m V w T �� '< �a < m Cn m n m ri V V m D CD CD sT v m a� N aRL or ` D O �d m my d c � am .� `Lm D O ^� m m m C G m C•G m T �. f m f-0� N m o 90 m rt N p m m p m N (0) m n T m�v mQ� ip r o c Q � ; i3 c3 y F n 9 m ���• �3v v o m N N and �, and F n D ° O � mm � mm ; Obi m ? 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