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HomeMy WebLinkAbout1999-050 James Cushman Irv' 'tri CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AND 3098,CALIFORNIA CIVIL CODE. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY(1)REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. (THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY) YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH LABOR,SERVICES,EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: 7/12/2000 00-1582R (DATE) (JOB NUMBER) CASE PACIFIC COMPANY LABOR AND EQUIPMENT TO (NAME) (DESCRIPTION) 2360 TRACTOR STREET PERFORM WORK AS DIRECTED (ADDRESS) PASO ROBLES,CA 93446-9303 Waste Water Treatment Plant (CITY,STATE,ZIP) (ADDRESS OF BUILDING,STRUCTURE,WORK OR IMPROVEMENT) Gabarda Road (SIGN _Tim Rueda, Project Manager Atascadero,CA (NAME,TITLE) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS)SUCH LABOR,SERVICE,EQUIPMENT OR MATERIAL IS: NAME: James C.Cushman,Inc. ADDRESS: P.O.Box 1997,Paso Robles,CA 93447 OWNER OR REPUTED OWNER OR PUBLIC ENTITY: City of Atascadero ADDRESS: 6500 Palma Avenue,Atascadero,CA 93422 GENERAL CONTRACTOR OR REPUTED CONTRACTOR: James C.Cushman,Inc. ADDRESS: P.O.Box 1997,Paso Robles,CA 93447 LEASEHOLD/TRUST FUNDBONDING COMPANY: Reliance Insurance ADDRESS: 700 N.Brand Blvd.,Suite 1250,Glendale,CA 91203 LENDER OR REPUTED CONSTRUCTION LENDER: Owner Financed ADDRESS: ESTIMATED PRICE OF THE LABOR,SERVICES,EQUIPMENT OR MATERIALS DESCRIBED HEREON: $ 3,200.00 PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1 CALIFORNIA CIVIL CODE) I,JACQUELINE A. LEWELLING declare that I served copies of the above PRELIMINARY NOTICE by First Class Certified or Registered Mail service,postage prepaid,addressed to each of the parties at the addresses shown above on July 12,2000. I declare under penalty of perjury that the foregoing is true and correct. Signed at PASO ROBLES, California,on July 12,2000. ,+ ATTACHED RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNEDi,,- J CITY OF ATA! R CONTRACT# "� S" ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into this 24th day of November, 1999, by and between the CITY OF ATASCADERO, hereinafter called "OWNER", JAMES C. CUSHMAN, INC., a corporation,whose address is P.O. Box 1997, Paso Robles, CA 93447, hereinafter called "CONTRACTOR", and GOLETA NATIONAL BANK whose address is 5827 Hollister Avenue, Goleta, CA 93117, hereinafter called "ESCROW AGENT". For the consideration hereinafter set forth, the OWNER, CONTRACTOR and ESCROW AGENT agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, CONTRACTOR has the option to deposit securities with ESCROW AGENT as a substitute for retention earnings required to be withheld by OWNER pursuant to the construction contact entered into between the OWNER and CONTRACTOR for construction of Wastewater Treatment Facility Upgrade, Stage 1 in the amount of$1,560,100.00 dated November 22, 1999, (hereinafter referred to as the"Contract"). When CONTRACTOR deposits the securities as a substitute for Contract earnings, the ESCROW AGENT shall notify the OWNER within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the OWNER and CONTRACTOR. Securities shall be held in the name of the City of Atascadero, and shall designate the CONTRACTOR as the beneficial owner. (2) The OWNER shall make progress payments to the CONTRACTOR for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the ESCROW AGENT holds securities in the form and amount specified above. (3) Alternatively, the OWNER may make payments directly to ESCROW AGENT in the amount of retention for the benefit of the OWNER until such time as the escrow created hereunder is terminated. (4) CONTRACTOR shall be responsible for paying all fees for the expenses incurred by ESCROW AGENT in administering the Escrow Account. These expenses any payment terms shall be determined by the CONTRACTOR and ESCROW AGENT. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of CONTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to the OWNER. (6) CONTRACTOR shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to ESCROW AGENT accompanied by written authorization from OWNER to ESCROW AGENT that OWNER consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR. (7) The OWNER shall have a right to draw upon the securities in the event of default by the CONTRACTOR. Upon seven days written notice to the ESCROW AGENT from the OWNER of the default, the ESCROW AGENT shall immediately convert the securities to cash and shall distribute the cash as instructed by the OWNER. (8) Upon receipt of written notification from the OWNER certifying that the Contract is final and complete, and that the CONTRACTOR has complied with all requirements and procedures applicable to the Contract, ESCROW AGENT shall release to CONTRACTOR all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges. (9) ESCROW AGENT shall rely on the written notifications from the OWNER and the CONTRACTOR pursuant to Sections (5)through (8), inclusive, of this agreement and the OWNER and CONTRACTOR shall hold ESCROW AGENT harmless form ESCROW AGENT's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the OWNER and on behalf of CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of OWNER: On behalf of CONTRACTOR: Secretary Ti tle A . `, Title A. I"yv�I,V1Yl Leah R. Cushman Name Name Signature � $j nature (�sa'6 LI W4.A— 6J12S P.O. Box 1997. Paso Robles, CA 93447 Address Address On behalf of ESCROW AGENT: Account Service Representative Title Fay R Young Name Sign re 5827 Hollister Avenue Goleta CA 93117 ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) At the time the Escrow Account is opened, the OWNER and CONTRACTOR shall deliver to the ESCROW AGENT a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. OWNER CONTRACTOR Uj Secretary Title I Title ) i"1 - ��� 11 IR Leah R. Cushman Name Name Signature '816hature President Title Approved as to Form ROY A. HANLEY m C. CushmarAN City Attorney e By ure City orney ESCROW AGENT Account Service Representative Title Fay R. Young Name � /2 "Z Signalole ALL SIGNATURES MUST BE WITNESSED BY NOTARY (Attach appropriate jurats) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ",I-kn , ss. On before me, V � ra,Lr� �j07Arv� U6liG Date Name and Title of OfActr(e.g., 'Jane Doe,Notarfy Public") f personally appeared 6,Whrr.,*, (, Name(s)of Signer(s) `54personally known to me _i proved to me on the basis of satisfactory evidence I� to be the person* whose name(.&) is/axe? subscribed to the within instrument and acknowledged to me that.le6;�/t4ey executed JOD!M.DENDINGER the same in hwi-s/hei­40,eir authorized Commission# 1228275 Not Public-Califomio Z capacity(ies3, and that by has/her/their Z Sannttya Bat+"o County signature(s*on the instrument the person(s4, or MY COMM.6OMSAug 6,2003 the entity upon behalf of which the person(4H I acted, executed the instrument. I� WITNESS my hand and official seal. � ( Place Notary Seal Above Signature of Notary lic I ( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r Title or Type of Document. I' Document Date: Number of Pages: i Signer(s) Other Than Named Above: I 11Capacity(ies) Clai ed by gne Signer's Named 2A fY1l(�y�– ❑ Individual Top of thumb here ) Corporate Officer—Title(s): Qr 67 C Partner—❑ Limited f-1 General � ❑ Attorney in Fact I CJ Trustee ❑ Guardian or Conservator OthLSigner : IRepresenting: ©1997 National Notary Association-9350 De Soto Ave P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No 5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of California ss. County of On -o�y before me,Wd l L i/�i/ / Gld�lG, Date Name and Title of Officer .g.," ane Doe,Notar Public') C JIB t' personally appeared �hmWUV) � Name(s)5f Signer(s) ;personally known to me i proved to me on the basis of satisfactory evidence to be the person(.) whose name(.,) is/3r--- subscribed to the within instrument and JODI M.DENDINGER acknowledged to me that he/s4@/they executed Commission# 1228275 the same in his/iaer/their authorized Notary mia Public-Callta Z y Santa Babra County capacity(ies), and that by his/#ter/t#eii � MyCornm.6cpiresAug 6,20�i signature(& on the instrument the persoro�, or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS y hand and official seal. ) Place Notary Seal Above Signature of Notary Public I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached pocument Title or Type of Document: * /- i I' Document Date: Number of Pages: � I. �•I i I Signer(s) Other Than Named Above: ) i Capacity(ies) Cla med by Si ner Signer's Name: ��/2Lh/T141? i 1-1 Individual Top of thumb here ( *A Corporate Officer—Title(s): Partner—❑ Limited I I General LI Attorney in Fact _! Trustee LI Guardian or Conservator , Other: I; << Signer Is Representin�h'L� ) ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod No.5907 ReorderCall Toll-Free 1-800-876-6827 State of California County of San Luis Obispo On _K,) �PkL4,, �✓ .l�''I � before me, Marcia M. Torgerson, City Clerk for the City of Atascadero and Notary Public for the State of California, personally appeared personally known to me ( Vie) to be the person(s) whose name(s) is/are subscribed to the within instrumenet 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. WITNESS my hand and official seal. MARCIA M.TORCAN ION ' Commission s 1140967 M>tory Public—Cxffofrdo Son Luis Obbpo COU* My Comm.bom May 31,2M1 Marcia M. Torgerson, City qerk City of Atascadero Description of Attached Document Title or Type of Document: m Document Date: l l - —C7 �� Number of Pages: Signer(s) Other Than Named Above: c