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Home My WebLink AboutSUPPTL INFO - Claim #588 :"i�w i,f`#��F CiT '� Cl.��t�,`S ��FFfCE �ii;h; vESEF.7, CA 20�� ,�!!N 25 AM I1� 4d .1 une 2], 2007 TO: 'rhe City of Palm llescrt ATTENTION: Rachelle D.Klassen, City Clerk RE: Claim : Frager, Inc. vs. "I'he City of Palm Desert Claimant : Taylor Frager, Inc. D/Event : 1/27/2005 Rec'd Y/Office : 6/20/2007 Our Fi1e : 5-1454357-RQ We have reviewed the captioned claim/pleadings and request that you take the action indicated below: • REFER TO CITY ATTORNEY: The subject matter does not appear to meet the criteria for participation in the joint liability protection program. We suggest you refer the claim to your City Attorney for recommended action. At your reqeust we will review any subsequent pleadings and/or information for application under the California Joint Powers Liability Protection Program. Please note that the California Joint Powers Memorandum of Liability Coverage provides for an appeal process for a revicw of the determination of a lack of coverage by the California Joint Powers Insurance Authority Executive Director. The appeal must be made in writing and within 90 days of the date of this written notice of a lack of coverage. The appeal should be mailed to the California Joint Powers Insurancc Authority - Attn: Jonathan Shull, Exec. Director, 8081 Moody Street, La Palma, CA 90623 If you have any questions please contact the undersigned. .,, -trul ours, � / '� WA & COMPA .�G.-C` '-t"-�_'"�. Richard D. M que cc: L�PIA w/enc. Attn.: Cxecutive Uirector CARL WARREN & CO. co�Y-ro � , —� � _.. CLAIMS MANAGEMENT CLAIMS ADTUSTERS � 770 Placcntia Avenue,Placcntia,C:A 92A70-Gft32 / ��_O� Ataii:P.O.Bo�Zit80 Santa Ana,Ca 92799-51R0 DATE 5fG - Phonr.(714)572-5200 •(8(Hl)572-G900•Fa�:(714)9G1-8131 P �I� �� R �� R � � � � E � � � f�� N � � � � � f � I 73-5�o FRF.D WARIVG UKIVE PALM D�Si'.R7', CALI}ORNIA 92260-25�8 I TEL: ]fi0 346-06�� iFAX: �60 34t-637z infoC�palm-descrt.org TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER/EXECUTIVE DIRECTOR, CITY ATTORNEY, ACM FOR REDEVELOPMENT, DIRECTOR OF REDEVELOPMENT & HOUSING, RISK MANAGER FROM: CITY CLERK DATE: JUNE 26, 2007 SUBJECT: CLAlM NO. 588 - CLAIM AGAINST THE CITY/AGENCY BY TAYLOR FRAGER, INC., IN AN UNSPECIFIED AMOUNT The attached Claim No. 588 is being transmitted to you for the following: ❑ Information only. or ❑ Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. We would appreciate your report, if requested, by July 11, 2007,for timely response to the Claimant. Note: On the City Attorney's advice, this Claim will be scheduled for rejection at the Regular Redevelopment Agency Meeting of July 12, 2007. � RACHELLE D. KLASSEN, CMC CITY CLERK/AGENCY SECRETARY Attachment (as noted) "/WfEO OY IfCIR(0111fA ;iry or��L�r�r-_:�,^c~ EISSIGNED CLAlM N0. TO: Rachelle Klassen, City Clerk and Secretary, Palm Desert Redevelopment Agency, 73-510 Fred Waring Drive, Palm Desert, California 92260 CLAIM OF TAYLOR FRAGER, INC. RE: Palm Desert Redevelopment A�ency Proiect No. 955-04, Contract No. R21780 Pursuant to California Government Code �905 et seq., 'I'aylor Frager, Inc. ("TF") presents this claim for compensation: � c� A. Name and address of Claimant: � �.:., m-�: �- r- Taylor Frager, Inc., c% Munther Kubba, 33040 Rhine Avenue, Temecula, � s;_'� California 92592. "' ��""`r'� o ►�x�,�: ��:�� . B. Address to which notices should be sent: � mo r i _ `��C7 Taylor Frager, Inc., c/o Munther Kubba, 33040 Rhine Avenue, Temecula, - D.— California 92592. —" � C. Date, place and other circumstances of the occurrence or transaction that gave rise to this claim: On or about January 27, 2005, TF and the Palm Desert Redevelopment Agency ("Agency") entered into a contract(the "Contract")pursuant to which TF was to provide labor and materials for the construction of a 36-unit apartment complex located at 73-650 Santa Rosa Way, Palm Desert, California 92260, Project No. 955-04, Contract No. R21780 (the "Project„) The Plans for the Project also identify the address as 73-610 Santa Rosa Way, Palm Desert, California 92260. The Agency has breached the Contract as described below. D. General Description of Indebtedness, Obligation,Injury,Damage or Loss: Pursuant to the Contract, the Agency was to pay TF $5,839,386 plus change orders in consideration for TF's work on the Project. Said amounts were to be paid periodically in "Partial Payments" with the remainder to be paid within 35 days after the comptetion of the work and its acceptance by the Agency. The A�ency has breached the Contract by, among other acts or omissions: failing to fully and timely pay Partial Payments; failing to timely accept the Project as complete; failing to complete the Agency's scope of work in timely manner; failing to timely make Final Payments to TF; delaying the Project; failing to recognize the Agency caused delays and failing to reimburse TF for such Agency-caused delays; failing to provide TF with a set of plans and specifications free of errors and omissions; and failing to timely process and pay change orders. E. Names of Public Employees Causing Damage: Not known at this time. W02-WEST:DJ6\400335046.I -1- F. Jurisdiction: Superior Court Date: TAYI,O G R, INC. � By: � Munther ba Director of Operations W02-WF.ST:DJ6�400335046.] -2- PROOF OF SERVICE S1'ATE OF CALIFORNIA, COUNTY OF SAN DIEGO I am employed in the County of San Diego; I am over the age of eighteen years and not a party to the within entitled action; my business address is 12275 El Camino Real, Suite 200, San Diego, California 92130-2006. On June 18, 2007, I served the following document described as: CLAIM OF TAYLOR FRAGER, INC. on the interested party(ies) in this action by placing true copies thereof enclosed in sealed envelopes and/or packages addressed as follows: Rachelle Klassen Bryce L. White City Clerk and Secretary Project Administrator Palm Desert Redevelopment Agency City of Palm Desert 73-510 Fred Waring Drive 73-510 Fred Waring Drive Palm Desert, CA 92260 Palm Desert, CA 92260 [original document served via certified mail] 0 BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 0 BY CERTIFIED MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing by certified mail. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presum�ed invalid if postal cancellation date or postage meter date �s more than one day after date of deposit for mailing in affidavit. ❑ BY OVERNIGHT DELIVERY: I served such envelope or package to be delivered on the same day to an authorized courier or driver authorized by the overnight service carrier to receive documents, in an envelope or package designated by the overnight service carrier. ❑ BY FACSIMILE: I served said document(s) to be transmitted by facsimile pursuant to Rule 2.306 of the California Ruies of Court. The teleph�ne number of the sending facsimile machine was 858-509-3691. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. The sending facsimile machine (or the machine used to forward the facsimile) issued a transmission report confirming that the transmission was complete and without error. Pursuant to Rule 2.306(g)(4), a copy of that report is attached to this declaration. W02-WEST:D16\400339196.1 _]_ PROOF OF SERVICE O BY HAND DELIVERY: I caused such envelope(s) to be delivered by hand to the office of the addressee(s). O STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ❑ FEDERAL: I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 18, 2007, at San Diego, California. � � . � Ca�C ROSA GARCIA VERNETTI W02-WEST:DJ6\400339196.1 -2- PROOF OF SERVICE