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HomeMy WebLinkAbout1998-140 Bond - Pacific Western FACSIMILE (541) 772-34~13 LAV~/OFFICE OF BOB ROBERTSON 835 ALDER CREEK DRIVE SUITE A MEDFORD, OR 97504-8900 November 4, 1998 TELEPHONE 1541) 772-3442 City of Ashland Public Works Department 20 East Main Ashland OR 97520 Attention: Dawn Dear Dawn: I am enclosing with this letter the revised Performance Bond relating to the Clover Lane relocation project. The bond which was issued previously did not have the complete name of Pacific Western of Medford, L.L.C. on it, so the bonding company has issued a new bond to take the place of the earlier bond. Please substitute the enclosed bond for the bond which was previously submitted. The bond which is being replaced should be returned to the Leonard Adams Company. I am enclosing a stamped, self-addressed envelope for you to forward it to them. Thanks so much for your assistance on this project. bf enc. CC: Cindy Mohr - Leonard Adams Company October 29, 1998 Dear Ron: RE: Clover Lane Project Enclosed is the Performance Bond to Ashland Holdings LP as per the contract requirement. Please sign the bond where indicated before sending to Mr. Sandler. Our invoice for the premium is also enclosed. As you know it was necessary for us to reissue the bond to the City of Ashland as we had not shown the full name of the LLC. Enclosed is the new bond. Please sign and deliver to the City. Please ask the City to return the first bond to our office in the enclosed envelope as soon as possible. Thanks very much. Cindy Mohr, Bond Dept. Attn: Ron Pacific Western of Medford, L.L.C. ¥O c/o P.O. BOX 23910 Portland, OR 97281-3810 LEONARD ADAMS COMPANY 5201 $W WESTGATE DR., SUITE 300 PORTLAND, OR 97221 P.O. BOX 25626 PORTLAN'D, OR 9729~ TEL.: (503) 296-0077 FAX: (50a) 296-0044 ,nscq ,co SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND NO: 517859 S KNOW ALL MEN BY THESE PRESENTS: That we, PACIFIC WESTERN OF MEDFORD, L.L.C. , as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a Corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of Oregon, as Surety, are held and firmly bound unto CITY OF ASHLAND, OREGON as Obligee in the sum of TWO HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY ...... ($ 206,740.00 ..... ) Dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of: CLOVER LANE RE-LOCATION PROJECT PLANNING ACTION NO. 97-064 (PUBLIC WORKS PROJECT NO. 98-21) entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact at PORTLAND, OREGON , this 23RD day of OCTOBER , 19 98 PRINCIPAL SURETY PACIFIC.~WESTER~ OF MEDFORD, L.L.C. INDEMNITY COMPANY OF CALIFORNIA by :CYN~ ~A' MOHR~~t tOrney-in-fact Insco Insurance Services, Inc. One Centerpointe · Suite 420 · Lake Oswego, OR 97035 · (503) 684-9606 · (800) 223-2451 · Fax (503) 684-4065 · http://www.insco.com Underwriting Manager for: Developers Insurance Company - Indemnity Company of California · Developers Surety and Indemnity Company POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4~ This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW A~ L L~ '~ £~' THESE PRESENTS, that except as ~.xpressl¥ hrn*ted INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but O' C" 'tly. '~ereby make. conshtute and appoint ***Brian Dooney, Judy Price, Cynthia Mohr, jointly or severally*** the true and t, ~t,¢1 - Aorne~,(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship ,n an amount ',t -.~;,, eed~ng Three Million Five Hundred Thousand Dollars ($3,500,000) ~n any single undedak~ng, g~wng and granting unto said Attorney(s)-In-Fact full power and authority to do and to; *.~dorn, every act necessary, requisite or proper to be done ~n connection therewith as each of sa~d corporations could do, but reserving to each of said corporations full power of sub, ,,rtcfl(i ~ and revocation: and all of the acts of sa,d Attorney(s)-In-Fact, pursuant to these presents. are hereby ratified and confirmed. This Pov, er :-th' hey ~s granted and is signed by facsimile under and by authority ot the fobowing resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY O': CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986: F;: :,, L,: D, that the Chairman of the Board, tile Fres,d~¢nt and ar,y Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of :,ttorney. qua; ',,'~ng he attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations. bonds, undertakings and contracts of suretyship; and that the Secretary Assist,. ':;~., :etarv of the corporations be, and each of them hereby is. authorized to attesl the execution of any such Power of Attorney; ~! -,~ 'L ,,¢;D * URTHER, '.hat the s~grratures 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 Attr', '~¢, , cerhficate beanng such facsimile signatures shah be vahd and binding upon the corporahon when so affixed and in the future with respect to any bond, undertaking or contract o? , ,ret, ~hlp to which d is attache(]. iN WITNESS ¢'~4[ [~ OE, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents ar ':,.tte, ted by their respective Secretanes tins 3rd day of February, 1997. INDEMNITY (:OMP&NY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY · By Cant ~!~Fes,~cn~n t i' J r ' ~ IPr~si~ent ti' Jr' f By '~ By Walter Crowell Secretan/ Secretary STARE OF CA )SS COUNTY OF O~ ~ebmary 3, 1997, before me, Sherie L Bell, personally appeared Dante F. Vincenil, Jr and Walter Crowell, personally known to me (or proved to me on the basis of ~,at~stactr:,% ,. ;:¢~; --) to be the personIs) whose narne(s) ,s/are subscribed to the within instrumect and acknowledged to me that he/she/they exequted the same in his/her/their authonzed ~. at,!', es), and that by h~s/her/the~r signature(s) ~>r~ the mstrtm~ent the person(s), or the erd,ty upon behalf of which the person(s) acted, executed the instrument. ¢~ ~N~5, 5 my hand and official seal , ,, .,¢sig,~ed, as Sdn~or Vice Pres~den~ o~ INDE~NI~ COMPANY OF CALIFORNIA and Semor Vice President of DEVELOPERS INSURANCE OOMPANY, does hereby ~rt:'~ '.'l.*t t~ :~t. Jng 3~d atta(hed Power (f Attofr38~ reinaiDs i~ full force and has not been revokP(J ;ind fudhermore, that the provisions of the resolutions of the respective :' ~¢ fcae sexec,]ted,nthe(~b/ot,~',ne 3.]!¢(rn,,athls 23 da),'of OCTOBER 199 8 INDEMNITY; OMPANY OF CALIFORNIA L.C. Fiebiger Stunlot Vice P-esident !D-313 REV , ~ , DEVELOPERS INSURANCE COMPANY ,.o. ,eb,ger Senior Vice President ,nsc ,co SUBDIVISION IMPROVEMENTS PERFOR2~ANCE BOND BOND NO: 517859 S KNOW ALL MEN BY THESE PRESENTS: That we, PACIFIC WESTERN LLC , as Principal, and INDEMNITY COMPANY OF CALIFORNIA , a Corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of Oregon, as Surety, are held and firmly bound unto CITY OF ASHLAND, OREGON as Obligee in the sum of TWO HUNDRED SIX THOUSAND SEVEN HUNDRED FORTY ..... ($206,740.00 ) Dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of: CLOVER LANE RE-LOCATION PROJECT PLANNING ACTION NO. 97-064 (PUBLIC WORKS PROJECT NO. 98-21) entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact at PORTLAND, OREGON , this 23RD day of OCTOBER , 19 98 PRINCIPAL SURETY PACIFIC WESTERN LLC by:~~~-'~ INDEMNITY COMPANY OF CALIFORNIA by: ~~' ~ CY~%A MOHR At torney-in-fac t Insco Insurance Services, Inc. One Centerpointe · Suite 420 · Lake Oswego, OR 97035- (503) 684-9606 · (800) 223-2451 · Fax (503) 684-4065 · http://www.insco.com Underwriting Manager for: Developers Insurance Company · Indemnity Company of California · Developers Surety and Indemnity Company POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY p.o. 8ox ,972 ., v,NE. oA92623-,. 263-3300N-© O 5 0 i 0 1 NOTICE: 1 All power and authori~ herein granted shall ~n any event terminate on the 31st day of March, 1999. 2 Th~s Power of Attorney is void if altered or if any portion is erased. 3 This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4 This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN FaY THESE PRESENTS, that except as expressiv hm!ted. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. ~o each severally, but not !cmtly. hereby make. consbrute and alDpOlrlt ***Brian Dooney, Judy Price, Cynthia Mohr, jointly or severally*** the true and awful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on Denall of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) ~n any single undertaking; glwng and granting unto said Attorney(sl-ln-Fact full power and outhenry to do and to perform every act necessary, requisite or proper to be done ~n 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 sa~d Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimde under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY. effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporat*ons be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behaJf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary 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 s~gnatures shall be valid and binding upon the corporation 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, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ~esident ~ By .... ~ By .... Walter Crowelf S~retaw Secreta~ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On February 3, 1997, before me, Sherle L. ~aell, personally appeared Dante F. Vincenth Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ,s/are subscnbed to the w~tmn ,nstrument and acknowledged to me that he/she/they exequted the same in h~s/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Jnstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ~nstrument. WITNESS my hand and official seal. By_ L.C. Fiebiger Senior Vice President rr)-~,t3 REV ,}/97/ By L.C. Fielinger Senior Vice President CERTIFICATE The undersigned. as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby cert~h/that the foregoing arid attached Power of Attorney reinruns m full force and has not been revoked; and furthermore, that the prowsions of the resoiutions of the respectwe Boards of D~rectors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. Th~s Certificate is executed in the City of Irvine, California. th~s 23 day of OCTOBER 199 8 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 10:22 98 THU 16:11 FAX $41 772 3443 HUYCKE-BOYD-3iAULDING-LLP 002,'004 City of Ashland PUBLIC WORKS DEPARTMENT - ENGINEERING DMSION Develo. pment Atrreement WHEREAS, the undersigned Pacific Western L.L.C., hereinafter called Devloper, heretofore filed wlth the Planning Commission of the City of Ashland a partition plat for the division of lands wt[hin the City of Ashland, Jackson County, Oregon designated as Planning Action No. 97-064 (public Works Project No. 98-21); and WHEREAS, plans and specifications for the improvement of said development by the construction of the utilities and appurtenances as listed below have been approved by the Ashland Planning Commission and the Ashland Department of Public Works and are on file in the office of the City Engineer of the City of Ashland; and WHEREAS, said plat of said partition has been given final approval by the Planning Commission of the City of Ashland, subject to Developer complying with the conditions of Title 18 of the Ashland Municipal Code as amended. NOW, THEREFORE, in consideration of the premises and in compliance with said Title I8, Developer does hereby covenant with the City of Ashland: 1. Developer will, within the time hereinafter specified or as the same may be extended, construct, or cause to be constructed, in and upon said partition, improvement~ in accordance with the aforementioned plans and specifications on file in the office of the City Engineer of the City of Ashland as follows: a. All sewer and water mains and servi. ces and appurtenances. All electrical lines and appurtenances. c. All required slzeet lighting, d. Demolition of existing residence. PAGE 1 (G:Da'.vn~Engmeer~ubd~*~BO~ I%botts~n Develcpmant A,greemgnLWl~d) 10,'22 98 THU 16:11 FAX 541 772 3443 HUYCKE-BOYD-)IAULDING-LLP ~003:004 e. All street improvements including curb, gutter, paving and sidewalks. f. All landscaping and planting requirements (,prior to Certificate of Occupancy) g. All storm and sewer appurtenances. h. All pedestrian trails and improvements. i. Reconnection of utilities to southerly properties. j. All required as-built plans and utility information. k. Other items as noted by the Improvement Plans or as directed by the Engineer. The above listed improvements shall be completed on or before March 13, 1999. 2. Developer covenants to reimburse the City of Ashland for a reasonable cost of inspection of said improvements by the City Engineer or his representative. 3. If the improvements herein provided for, or any thereof, shall not be completed within the time specified, or as the same may be extended, as hereinafter provided, the City may complete such work and Developer will pay to the City its costs and expenses of completing the same. Further, Developer will perform all conditions approved by the Planning Commission and the Department of l:'ubli¢ Works within the time specified, and if not specified then within a reasonable time. 5. If, during the time of construction of any of said improvements, such improvements shall be constructed under any assessment district act or ordinance and such improvement shall be at least the equivalent of the improvements herein agreed to be constructed by Developer, then this agreement shall, as to such improvements so made, be deemed terminated upon the completion of the proceedings under such assessment district act or ordinance. 6. The City Engineer of Ashland, or his representative, will provide adequate and timely progress inspection of said work and upon completion of any of said PAG~. 2 (G:D~wn~nglnoortSubdlvls~ob Robertson Oevelol~m.nt Agreement.wDcl) 10:22 98 THU 16:12 FAX 541 772 3443 HUYCKE-BOYD-)IAULDING-LLP ~004/004 improvements in accordance herewith will issue to the undersigned his final certificate of inspection and acceptance thereof, All statements of things to be done by Developer contained in this agreement shall constitute a covenant on the part of Developer to perform the same. The approval of this agreement by the Department of' Public Works of the City of Ashland shall constitute an agreement between Developer and City of Ashland in accordance with the terms and provisions hereof. EXECUTED this2 . day of '~~52~ , 1998. Pacific Westera L.L.C. of The foregoing agreement is hereby approved and accepted this ~, ~7-~ ~-re...- , 1998. CITY OF ASHLAND, OREGON By its Public Works Department Director of Public Works day PAGE 3 (G;Dawn~F_.ngineer~ubdivi$~,~b Robertson 0evelopment A~roement.wpd) 10.'°° 9~ THU 16'11 FAX $41 772 3443 HL'YCKE-BOYD-.IIAULDING-LLP 002:004 City of Ashland ~ PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PAGE1 Development Agreement WHEREAS, the undersigned Pacific Western L.L.C., hereinafter called Devloper, heretofore filed wxh the Planning Commission of the City of Ashland a partition plat for the division of lands within the City of Ashland, Jackson County, Oregon designated as Planning Action No. 97-064 (Public Works Project No. 98-21); and WHEREAS, plans and specifications for the improvement of said development by the construction of the utilities and appurtenances as listed below have been approved by the Ashland Planning Commission and the Ashland Department of Public Works and are on file in the office of the City Engineer of the City of Ashland: and WHEREAS, said plat of said partition has been given final approval by the Planning Commission of the City of Ashland, subject to Developer complying with the conditions of Title 18 of the Ashland Municipal Code as amended. NOW, THEREFORE, in consideration of the premises and in compliance with said Title i8, Developer does hereby covenant with the City of Ashland: 1. Developer will, within the time hereinafter specified or as the same may be extended, construct, or cause to be constructed, in and upon said partition, improvements in accordance with the aforementioned plans and specifications on file in the office of the City Engineer of the City of Ashland as follows: a. All sewer and water mains and services and appurtenances. b. All electrical lines and appurtenances. c. All required street lighting. d. Demolition of existing residence. (G:lDa',','n~Engmeer'Gubdi~b RobolSon Develapmant A,gmement~;~d) 10:22 93 THU 16:11 FAX 541 772 3443 HUYCKE-BOI'D-)IAULDING-LLP ~003/004 e. All street improvements including curb, gutter, paving and sidewalks. f. All landscaping and planting requirements (prior to Certificate of Occupancy) g. All storm and sewer appurtenances. h. All pedestrian trails and improvements. i. Reconnection of utilities to southerly properties. j. All required as-built plans and utility information. k. Other items as noted by the Improvement Plans or as directed by the Engineer. The above listed improvements shall be completed on or before March 13, 1999. 2. Developer covenants to reimburse the City of Ashland for a reasonable cost of inspection of said improvements by the City Engineer or his representative. 3. If the improvements herein provided for, or any thereof, shall not be completed within the time specified, or as the same may be extended, as hereinafter provided, the City may complete such work and Developer wiI1 pay to the City its costs and expenses of completing the same. Further, Developer will perform all conditions approved by the Planning Commission and the Department of Public Works within the time specified, and if not specified then within a reasonable time. 5. If, during the time of construction of any of said improvements, such improvements shall be constructed under any assessment district act or ordinance and such. improvement shall be at least the equivalent of the improvements herein agreed to be constructed by Developer, then this agreement shall, as to such improvements so made, be deemed terminated upon the completion of the proceedings under such assessment district act or ordinance. 6. The City Engineer of Ashland, or his representative, will provide adequate and timely progress inspection of said work and upon completion of any of said PAGF. 2 (G:Oawn~Englneer~ut:~llvlsl~ob Robed:son Development A~r~eme~t.wpd) 10:32,95 THU 16:12 FA.~ 541 772 3443 HLi¥CI~E-BO2{Y-.~IAL:LPi~-LLF ~uu4,'uu~t improvements in accordance herewith will issue to the undersigned his final certificate of inspection and acceptance thereof. All statements of things to be done by Developer contained in this agreement shall constitute a covenant on the part of Developer to perform the same. The approval of this agreement by the Department of' Public Works of the City of Ashland shall constitute an agreement between Developer and City of Ashland in accordance with the terms and provisions hereof. EXECUTED mis22 day of(~~~9~ , 1998. Pacific Western L.L.C. of The foregoing agreement is hereby approved and accepted this e, b~-~ ~/~e.~ ,1998. CITY OF ASHLAND, OREGON By its Public Works Department By PauSE. ~ Director of Public Works PAGE 3 (G:D.wn~Engineer'~ub~ivis~b Robertson Development Agmoment.wp~