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HomeMy WebLinkAboutPM 2011-06 - Cashier Memo - 9/16/2015 City of MEMORANDUM rnm---ioa=. .D- PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: September 16, 2015 TO: MARIE GERDES Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR PARCEL MAP NO. 2011-06 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$9,500.00 2. Payment Bond in the amount of$5,000.00 3. Check in the amount of$4,126.55 (Bank of America No. 25516) 4. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684 Thank you, Jonathan Bartel City of MEMORANDUM rn00—We go_ PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: September 15, 2015 TO: HEIDI BRIGGS Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR PARCEL MAP NO. 2011-06 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: $9,500.00 2. Payment Bond in the amount of: $5,000.00 If you have any questions, please contact me at 621-8684. Thank you, - r� c-, C_ r . Jonathan Bartel ' RIS MANAGEMENT D SION Approval A Prov IC gas L1 To Bond No.: 4394545 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas,the City Council of the City of Fresno,State of California,and RDHOV,ILP, LFHOV LIP ' WRHOV, I P. AND.IDHOV, LP ("principal") will be entering into an agreement whereby principal agrees to Install and complete certain designated public improvements, which said agreement, Identified as Subdivision Agreement for Parcel Map No. 9011-0_,Is hereby referred to and made a part hereof; and Whereas, principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore,we,the principal and SureTec Insurance Company as surety, are held andfirml bound unto the Cit of Fresno ("City"), in the penal sum of Nine Thousand Five Hundred Dollars and 01100 dollars($ 9,500 i ) lawful money of the United States,for the payment of which sum well and truly to be made, we bind ourselves, our heirs,successors, executors and administrators,jointly and severally, firmly by these presents. The.condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators, successors or assigns, shall In all things stand to and abide by,and well and truly keep and perform the covenants, conditions and provisions In the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept:and performed at the time and In the manner therein specified,and in all respects according to their true intent and meaning, and shall Indemnify and save harmless City, its officers, agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, Including reasonable attorney's fees, Incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereo,thi instrument has been ly executed by the principal and surety above named,on my Zp1V Principal: David B Hovannisian By:— (Principal) y:(Principal) Surety:_ SureTec Insurance Company By: 161 1A 44. (Sure y) . POA#: 510594 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Jessica Dumas, Christine Emmons,Jennie Melton, Gary Richards,John Samarin, Shelly Weldon, Elsa Lara,Jeanie Swan its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifyinp,and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in farce until 913012016 _ and is trade under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions; Aunmey-in-Fast may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey ar any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (adopted ata meeting held on 20,6 afApril 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of April A.D. 2015 SURETEC INSURANCE COMPANY 01 �o By: mJ X LU iz John ox Jr. resident State of Texas County of Harris On this 21st day of April A.D. 2015 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. „s°••A. JACQUELYN MALDONADO . Amy Notary Public yy ; State of Texas My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this dA. tBre f A.D. "Beaty,Assistantecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE 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 Fresno On 7/09/2015 before me, Danette Cody, Notary Public (insert name and title of the officer) personally appeared Jeanie Swan 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. WITNESS my hand and official seal. DANETTE CODY @My NOTARY PUBLIC-CALIFORNIACOMMISSION#2051471 e FRESNO COUNTY Comm.Exp.January B,2018 Signature � (Seal) -------------------------------------------- Optional Information -------------------------------------------- Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgement to an unauthorized document. Description of Attached Document The preceding Certificate of Acknowledgement is attached to a document titled/for the purpose of Subdivision Improvement Performance Bond for City of Fresno containing 1 pages and dated 7/09/2015 Bond No.: 4394545 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno,State of California, and BDHOV, LP__LEHOV,.LP UVRHOV.LF,.AIya_,1.DHCV-I-P _ ("principal") have entered or will bee 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. 2011-06 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 SureTec Insurance Company 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 {cornmencing with Section 3082)of Part 4 of Division 3 of the Civll Code in th s m of Five Thousand Dollars and OD/100 dollars ($ oo for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, Including reasonable 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 Jiily A , 201S Principal; David B. Hovannisian By:- (Principal) su,etyk SureTec Insurance Company C By ` - - [ �'�= Jeanie Swan ppA#: 510594 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Jessica Dumas, Christine Emmons,Jennie Melton, Gary Richards,John Samarin, Shelly Weldon, Elsa Lara, Jeanie Swan its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 9/30/2016 _ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted of a meeting held on 20A of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of April A.D. 2015 U�AHc SURETEC INSURANCE COMPANY �' ....� 0 By. UJ n' .john ktifox Jr. resident State of Texas ss: 9tp d f Y County of Harris On this 21 st day of April A.D. 2015 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public State of Texas �"•x9 a'� My Comm.Exp.5/18/2017 Jacg elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of , A.D. M.Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. l CALIFORNIA ALL-PURPOSE 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 j County of Fresno } On 7/09/2015 before me, Danette Cody, Notary Public (insert name and title of the officer) personally appeared Jeanie Swan 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. WITNESS my hand and official seal. @My DANETTE CODY NOTARY PUBLIC-CALIFORNIA COMMISSION 12051471 V FRESNO COUNTY Comm.Exp,January 8,2018 Signature (Seal) -------------------------------------------- Optional Information ----------------------- Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgement to an unauthorized document. Description of Attached Document The preceding Certificate of Acknowledgement is attached to a document titled/for the purpose of Subdivision Improvement Payment Bond for City of Fresno containing 1 pages and dated 7/09/2015 SureTec Insurance Company - Company Profile - Best's Credit Rating Center Page 1 of 2 Ratings & Criteria 40 Center Welcome Back Heidi Briggs l..I..rr ,n: ::er: Regional Centers:Asia-Pacific I Canaria I Europe,Middle East and Africa I Latin Arnerica j MENA&SCA Home!About Us!Contact Us I Sitemap Ratings&Criteria ,� Rating Search: I Search.I u Advanced Search �Add to B runt Ck Print This pane »Rating Process and Definitions+ »Methodology+ »Credit Rating Releases+ SureTec Insurance Company (�) »Get a Credit Rating n Best's Special Reports A.M.Best#:012227 NAIC#:10916 FEIN#:760568746 »Add Best's Credit Ratings Search Domiciliary Address Retire >lbrinaBi To Your Site 1330 Post Oak Blvd.Suite 1100 insurance Assigned to FlnarKid:Sl »BestMark for Secure-Rated Houston,TX 77056 Insurers United States companies A likoW cit »Contact an Analyst that have,in n Awards and Recognitions Web:vwvw suretec com our opinion,an excellent ability to Phone:713-812-0800 meet their ongoing insurance News&Analysis Fax:713-812-0406 obligations. Products&Services _ Industry Information Based on A.M.Best's analysis,0.51533-SureTcc Financial Corp is the AMB Ultimate Parent and identifies the topmost entity of the Corporate s corporate structure.View a list of operating insurance entities in this structure. Regulatory Affairs Y Best's Credit Ratings Support&Resources j Financial Strength Rating View Definition Best's Credit Rating Analyst Conferences and Events Rating: A(Excellent) Rating Issued by:A.M.Best Company,Inc. Financial Size VII($50 Million to$100 Senior Financial Analyst:Robert Valenta ' Category: Million) Assistant Vice President:Gregory T.Williams Outlook: Stable •! Action: Affirmed D7sciosurelnfonfutlon Effective Date: February 06,2015 Kull, j Initial Rating Date: September 20,2002 1 View A.M.Best's Railing Disclosure Statement (9A f1/l.Best Rating Services 'Long-Term Issuer Credit Rating View Definition JJ contact h1`orn rh n _ .................... A-M,Bp-sl Revues Orrtlnok of ISSU f Crpoll Ratinn to Long-Term: a F`psY +rp_fpr SureTec Insurarim Corntanny Outlook: Positive February 176,2015 ' Action: Affirmed Effective Date: February 06,2015 Initial Rating Date: January 09,2008 I u Denotes i1Mk7 ftCv:es aah R.Set1' Rating History A.M.Best has provided ratings&analysis on this company since 2002 and it has received Secure Financial Strength Ratings every year during the most recent 5 year historical period. Financial Strength +Long-Term Issuer Credit Effective Date Rating Effective Date Rating 2/6/2015 A 2/6/2015 a 1/31/2014 A 11/3112014 a 12/20/2012 A 12/20/2012 a 12/15/2011 A 12/15/2011 a •11/1/2010 A /1/2010 a Related Financial and Analytical Data — — The following links provide access to related data records that A M.Best utilizes to provide financial and analytical data on a consolidated or ' :branch basis. AMB#Company Name Company Description 019152 SureTec Insurance Group(C) Represents the"as fled"Company Consolidated financials for the Property/ Casualty business of this legal enilty. 018838 SureTec Insurance Group(G) Represents the AM.Best Consolidated financials for the Property/Casualty Ratki Unit business of this legal entity. Reports and News Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group. 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:7/8/2015(represents the latest significant change). Historical Reports are available in AMB Credit Report Archive. 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For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 9/16/2015 DAVID B. HOVANNISIAN LINDA R. HOVANNISIAN 25516 11-35/1210 2975 E.BELMONT FRESNO,CA 93701 DATE PAY TOTHE ORDER OF o F-rsvlo Z(r F-1- V +t-w-rti DOLLARS BANK OF AMERICA FIG GARDEN FINANCIAL CE NTER 0577 P.O.BOX 5315 FRESNO,CA93 FOR. ' P2 c- ul02SSLG0 1: & 21000358l: 000577507L, 52iil