HomeMy WebLinkAboutT-5169 - Cashier Memo - 8/30/2006 i
City of
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MEMORANDUM
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DATE: July 21, 2006
TO: Rose Saldivar
Public Works Department
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FROM: JONATHAN BARTEL
Planning & Development Department, Building and Safety Services Division
SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NO. 5169.
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5169.
1. Check in the amount of$97,166.72 (JP Morgan Chase Bank NA No. 15601356)
2. Check in the amount of$119,000.00(JP Morgan Chase Bank NA No. 15601355)
3. Performance Bond in the amount of$2,269,000.00
4. Payment Bond in the amount of$1,194,000.00
5. Copy of the Subdivision Agreement for Tract No. 5169.
The total charges are more particularly itemized in Exhibit "A" and Exhibit"B"
of the Subdivision Agreement.
If you have any questions please contact me at 621-8076.
Than ou,
Jo athan Bartel J
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Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department- Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Performance Bond
Deposited At: Safeco Insurance Company of America
Certificate/Acct. No: 6311217 j
Deposit Amount: $2,269,000.00 Maturity Date:
Depositor: Name: KB Home South Bay, Inc
Address: 7075 N West Avenue Fresno, CA 93711
Street City/State Zip
Job Address: Tract 5169
Received By: Rose Saldivar, Public Works Engineering Date: 7/21/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/Shtate� Zip
4k
ted' y,
Deter,
RBy
Nampa% Date�
Tjr ae of Release tuiaireEty Hand Daiivered� .
to_ Date,,
J ai i�aeWeftw:receipt ofAtfx above mfererfced irtstr men
Dat
Gbmments:
a
Bond No.: 6311217 O&cville Grove
Premium: $12,380.00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
KB HOME South Bay Inc. ("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 i
for the Final Map of Tract No. 5169 , 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 Safeco Insurance Company of America
as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of
TWO HiM m 1W&MdredSiXt9NiW Tkumd and"ollars ($2.269.000.00 ) 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 whereof, this instrument has been duly executed by the principal and surety
above named, on July 18 , 2006
Principal: / outfi Bay Im.
By:
(Principal)
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Surety: Safeco Tmmra3 a CaRMY Of AmNjJm
By: f.
(Surety) J , ttorney- act
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State of California i
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County of Los Angeles
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On July ls, 2006 before me, M. Gonzales, Notary Public,
personally appeared Joyce Herrin personally known to me
( ) to be the personO
whose name(s3 is/are subscribed to the within instrument and
acknowledged to me that "he/t-ley-executed the same in A4s/her/
authorized capacity(ies), and that by 4�s/her/th6r signature*on the
instrument the person(-s-), or the entity upon behalf of which the person(-sj
acted, executed the instrument.
WITNESS my hand and official seal.
M.GONZALES =
rl� COMM.#1605728
NOTARY PUBLIC•CALIFORNIA (j)
2 1 LOS ANGELES COUNTY ..
My Comm.Expires October 5.2009 M. Gonzales
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POWER SAFECO INSURANCE COMPANY OF AMERICA
.S, A- F E C O, OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185.
No. 6843:
KNOW ALL BY THESE PRESENTS::
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
*&,S.ALBRECl1T,.IR.;C.K.NAKAMIJRA;LISA L.THORNI'ON;TRACY ASTON;MARIA VENA;MARINA TAPIR;TOM BRANIGAN;CLARICE LEL;RICHARD E.
BILL'EY;K.D.CONRAD;EDWARD C.SPECTOR;WILLIAM A.SADLER;ASHRAF ELMASR Y;BRENDA WONG;JOYCE HERRIN;Los Angeles,Cnlifh nia********
Its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
W WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 12th day of January 2004
Q�
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority,
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
*On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V,Section 13 of the By-Laws,and
(Ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(Ili) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1, Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,
are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 18th day of July . 2on6
1
C�,w���aA �cECOMp
cA�0�r �'
SEAL W SEAL
s x
a 1953 192% !
�hOP CHRISTINE MEAD,SECRETARY
-09741SAEF 2101 ®A registered trademark of SAFECO Corporation
01/12/2004 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
On before me, / ►c� 'ct 6� ZAC( A/Plti' ' """/l C
onto ` Name and Title of Officer(e.g.,"Sa Doe,Notary Public
personally appeared
Name(S)of Signer(s)
❑ personally known to me
or proved to me on,the basis of satisfactory evidence)
to be the person(s)whose name(s)is/are subscribed to the
tei
n instrumentand acknowl ed to me that
NORA LEDESMA Js hey executed the same m ii
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erttheir authorized
OMV
commisston#1s7t52o pacity(ies), and that by r9lerltheir signature(s) on the
Notary Public-Caliunty rnlainstrument the person(s), or the entity upon behalf of
Fresno County which the person(s) acted, executed the instrument.
Comm.Expires May 19,2009
WITNESS my and and offici seal.
Place Notary Seal Above /
natu of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent val and reattachment of this fo another document.
Description of Attached Docum
Title or Type of Document: DYL
Document Date: 7
Number of Pages:
Signer(s) Other Than Name ove:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer —Title(s): Cor to Officer —Title(s):
❑ Partner — ❑ Limited ❑ General ner — ❑ Limited ❑ General
❑ Attorney in Fact ❑Attorn in Fact watiss .'.
Top of thumb a Top of thumb here
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or C ervator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
Z _7 N Notary Association•9350 oe Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:CaN ToB-Free 1 4p0 B78 6827
2
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department -Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Payment Bond
Deposited At: Safeco Insurance Company of America
Certificate/Acct. No: 6311217
Deposit Amount: $1,194,000.00 Maturity Date:
Depositor: Name: KB Home South Bay, Inc
Address: 7075 N West Avenue Fresno, CA 93711
Street City/State Zip
Job Address: Tract 5169
Received By: Rose Saldivar, Public Works Engineering Date: 7/21/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
r
F1NANkE USE"O L�!"
A� pted ,
Y,.
Narrre F Date
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R�l�ased By.
Nartma. : 'Date,j
�e"Qf l elea'Sei: ltilaiteE# HanctUbbered a
Dated Ltes:
i��a�lgertpf of thr ova refund instrurrrer
Sl �tture�° Q�te".
Comments
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Bond No.: 6311217 Oakville Grove
Premium: Included with
Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
KB HOME South Bap Inc. ("principal")
have entered or will be entering into an agreement whereby the principal agrees to install and
complete certain designated public improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. 5169 , is hereby referred to and made a
part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of I
Fresno ("City') to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
1
Now, therefore, the principal and Safeco Insurance Comyanp of America ,
as corporate surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the agreement and
referred to in Title 15 (commencing with Section 3082) of Part 4 of�piyyision 3 of the Civil Code
Hu
in the sum of One 'Ilion Ove odrad Ni�Y Fos mod I�/000 dollars
($ 1.194,500), 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 July 18 , 200
Principal: it J AOME uth Bay Inc.
By:
(Principal)
Surety: Safeco Insurance Company of America
By:
(Surety) ce errin, Attorney—in—Fact
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Va. "x
State of California
County of Los Angeles
On July 18, 2006 before me, M. Gonzales, Notary Public,
personally appeared Joyce Herrin personally known to me
( ) to be the pe rso r
whose name(-s-}-is/afe subscribed to the within instrwment and
acknowledged to me that he/she/t4ey-executed the same in 4is/her/
authorized capacityE ce , and that by #is/her/their signature*on the
instrument the person(s), or the entity upon behalf of which the person*
acted, executed the instrument.
WITNESS my hand and official seal.
M.GONZALES
.. COMM.#1605728 =
0 ,"e► NOTARY PUBLIC.CALIFORNIA114
_ •. LOS ANGELES COUNTY /
My Comm.Expires October 5,2009 M. Gonzales
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POWER SAFECO INSURANCE COMPANY OF AMERICA
C
S A E G C, a GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185.
No. 680,
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
*E.S.ALBRECHT,.IR.;C.K.NAKAMURA;LISA L.THORNTON;TRACY ASTON;MARIA PENA;MARINA TAPIR;TOM BRANIGAN;CLARICE LEE;RICHARD I--
BIGLEY;K.D.CONRAD;EDWARD C.SPECCOR;WLLLIAM A.SADL.ER,ASHRAF ELMASRY;BRENDA WONG;JOYCE HERRTN;Los Angeles,California""****
i
Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 12th day of January 2004
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA;
"AMde V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any Instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V,Section 13 of the By-Laws,and
(11) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify
chat the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,
We true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are stili in full force and effect.
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 18th day of July 20Q6 —
W� ti SCE COMP ;
NRPOR�E ° I
SEAL w SEAL
d� 1953 laza `� i
OP AA '�Of WaS , CHRISTINE MEAD,SECRETARY 1
I
I.0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation
01/1212004 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
On / �A�2(0 before me, No 40 A /2411 C_
Date Name and Title of Officer(e.g.,"Jane Doe,ptotary Public's
personally appeared
Name(s)of Signer(s)
I
❑ personally known to me
or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s)is/are subscribed to the
NORA LEDESMA within instrument and acknowledged to me that
Commission#1571520 a e/they executed the same in er/their authorized
-� Notary Public-California pacity(ies), and that by I iper/their signature(s) on the
Fresno county instrument the person(s), or the entity upon behalf of
My Comm.Expires May 19,2009 which the person(s) acted, executed the instrument.
1V TNESS m an and off• al al.
Place Notary Seal Above
Signaturi of Notary Public
OPTIONAL
Though the information below is not r by law, it may prove uabla to persons relying on the document
and could prevent frauduleht rem al and reattachm to t 's form to another document.
Description of Attached Docum //!!
Title or Type of Document: 161(—
Document Date J Number of Pages:
Signer(s) Other Than Named ve:
Capacity(ies) Claimed by Signer(s)
Signer's Name: S' er's Name:
❑ Individual ❑ Individual
❑ Corporate Officer —Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General _ Partner — ❑ Limited ❑ General s..
❑ Attorney in Fact - 11A rney in Fact -
❑ Trustee op of thumb here ❑�ruS Top of thumb here
❑ Guardian or Conservator ❑Guardia r Conservator
❑ Other: ❑Other:_
i
Signer Is Repre nting: Signer Is Representin
S
®2006 National Notary Association•9350 De Soto Ave.,P.O.Banc 2402-Chamivorth,CA 91313-2402 - Item No.5907 — -- Call Toll-Free 1.800.878.6627
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