HomeMy WebLinkAboutT-5352 - Cashier Memo - 10/23/2006 City of
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PLANNING AND DEVELOPMENT DEPARTMENT
Building & Safety Services Division
Land Division & Engineering Section
;nt
DATE: June 13, 2006
TO: ROSE SALDIVAR, Senior Account Clark
Public Works Department, Engineering Administration
FROM: RICK SOMMERVILLE, Supervising Engineering Technician `
Development Department, Building & Safety Services Division
SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5352/UGM
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5352/UGM.
1. Copy of the Subdivision Agreement for Tract No. 5352/UGM.
2. A Centex, company check in the amount of $ 428,873.97 representing total fees and
charges due final map as noted of page 4 of 4 of the itemized Exhibit "B" at the rear of
subdivision agreement.
3. A Bank of the West Certificate of Deposit ( Account No. 088-878392) in the amount of
$ 175,000.00, which represents the five percent Performance Security, as noted on page
1, of Exhibit "A' at the rear of said subdivision agreement.
4. City's Faithful Performance Bond in the amount of $ 3,334,000.00
5. City's Subdivider's Payment Bond in the amount of$ 1,754,500.00
Please provide copies of the Cashier Memorandum for our records. If you should have any questions
please feel free to contact me at 621-8075.
Respectfully
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD X Passbook Other
Deposited At: Bank Of The West, Visalia Ca
Certificate/Acct. No: 088-878392
Deposit Amount: $175,000.00 Maturity Date: 11/09/06
Depositor: Name: Centex Homes Maple Run
Address: 1840 S Central Visalia, Ca 93277
Street City/State Zip
Job Address: Tract 5352
Received By: Rose Saldivar, Public Works Engineering Date: 6/13/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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BANKAWEST CERTIFICATE OF DEPOSIT RECEIPT
Branch Name: Visalia - 00088 Date of Deposit: 05/11/2006
Account Number: 088-878392 Amount of Deposit: $175,000.00
Today's Date: 05/11/2006 Maturity Date: 11/09/2006
Branch Approval: Tiffany Swiney Initial Interest Rate: 4.03
Customer Name CENTEX HOMES MAPLE RUN Initial Annual Percentage Yield: 4.11
and Address
TRACT 5352 FBO CITY OF FRESNO Interest Payment Method: Pay by Check
1840 S CENTRAL
VISALIA, CA 93277 Pay Interest to Account #: 000-000000
Interest Payment Frequency: 1 Month(s)
Phone 559-733-2717 Term: 182 Days
Deposit receipt not needed for redemption. Renewal: Automatically Renew
Thank you for opening a Certificate of Deposit with Bank of the West.Your account has been opened for the amount and terms shown above. Any
questions regarding your Certificate of Deposit can be answered by your branch or by calling the Bank's Telephone Banking Center(800-488-BANK or
408-947-5030).
INFORMATION REGARDING CERTIFICATE OF DEPOSIT ACCOUNTS
Minimum Opening Balance $ I,SDO. 00 Minimum balance required to earn APY $ l 00, 0U0. 0U
ADDITIONAL DEPOSITS - If you wish to add funds to your Certificate, you may do so during the 10 calendar day grace period following the account's
maturity date. F-o—r-737 days Certificates, you may add funds during the 1 calendar day grace period following the maturity date. Interest on the
additional funds both cash and noncash begins to accrue on the business day you deposit it and at the same rate in effect for the renewed Certificate.
The additional funds will mature at the same time as the renewed Certificate. The minimum amount for an additional deposit is $100.00.
WITHDRAWALS - Interest which has been reinvested may be withdrawn at any time, if the account term and interest rate have not changed since the
renewal.Additional withdrawals without penalty are permitted, during the 10 calendar day grace period following maturity(1 calendar day grace period
for 7-31 days Certificates) for automatically renewable Certificates, or upon the death or mental incapacity of the depositor. Accounts closed during
the grace period will forfeit any interest accrued during the grace period. Withdrawals at any other time may be permitted at the bank's discretion and
are subject to early withdrawal penalties.
INTEREST - Interest is accrued on the daily balance. The annual percentage yield assumes that interest earned is reinvested in the account monthly
an a unds remain on deposit for one year from the date of deposit, and the interest rate does not change. Interest withdrawn during the term of the
account will reduce the annual percentage yield earned. TERMS OF 32 DAYS OR LONGER - You may choose the frequency of interest payments.
Interest can be paid as frequently as monthly, but must be paid at least once a year. Interest may be reinvested into the account, credited to another
Bank of the West checking or savings account, or paid by check.TERMS OF 7-31 DAYS -You will receive interest at maturity only. Interest may be
reinvested into the Certificate of Deposit,or as a deposit to a Bank of the West checking or savings account.
MATURITY - Automatically renewable Certificates of Deposit renew automatically at the rate in effect on the maturity date, for the same term and
un er t e same conditions last disclosed (unless we tell you otherwise). We will mail a maturity notice approximately 15 days prior to the maturity date
(except for 7-14 days terms). The notice will include a phone number you can call on the maturity date (or shortly after) to find out the interest rate
and annual percentage yield on your renewed Certificate of Deposit. A non-renewable Certificate of Deposit will not earn interest beyond the maturity
date, and will not renew automatically at maturity.
EARLY WITHDRAWAL PENALTIES-All penalties are calculated on a simple interest basis. The penalty assessed may reduce the balance remaining on
your account atter the wit rawa1. The penalty is calculated at the interest rate in effect at the time the Certificate of Deposit was opened or last
renewed. The penalties on the amount withdrawn are: 7-31 DAYS TERM - 7 days simple interest lost, 32 DAYS - 1 YEAR TERM - 30 days simple
interest lost,or OVER 1 YEAR TERM- 180 days simple interest lost.
CHANGES IN TERMS & CONDITIONS- When you open a deposit account with us, you agree to abide by the terms &conditions detailed on this page
and in the Account Agreement you sign. We can change these terms & conditions at any time. We'll notify you in advance of any changes that affect
your rights and obligations to the extent required by law. You indicate that you accept a change we make by continuing your account relationship with
us or, if the change affects your certificate of deposit, by allowing the certificate to renew after the change becomes effective.
DISCLOSURE OF YOUR ACCOUNT - Account Information may be disclosed to third parties when it is required for governmental reporting for legal
processes, or to persons or companies who the Bank believes would legitimately use such information. Certain transactions are also authomatically
reportable to the government.
OTHER INFORMATION REGARDING DEPOSIT ACCOUNTS- Additional information pertaining to the rules & regulations governing deposit accounts can
be provided if you request a current copy of the Bank of the West Deposit Account Disclosure which is available by phone or in person at any of the
Bank's branch offices. You may also call our Telephone Banking Center and request that we send you a Deposit Account Disclosure.
NON-NEGOTIABLE NOT TRANSFERABLE
120-01820(Rev.07ro2)
TirryeDepositRecgi pt
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Bond Labor& Material
Deposited At: Safeco Insurance Company of America
Certificate/Acct. No: 6388714
Deposit Amount: $1,754,500.00 Maturity Date:
Depositor: Name: Centex Homes Maple Run
Address: 1840 S Central Visalia, Ca 93277
Street City/State Zip
Job Address: Tract 5352
Received By: Rose Saldivar, Public Works Engineering Date: 6/13/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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Bond No. 6388714
SUBDIVISION BOND
PERFORMANCE BOND
Whereas, The City of Fresno, State of California, and CENTEX HOMES, A Nevada General
Partnership, (hereinafter designated as "principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements, which said
agreement, dated , and identified as project Maple Run, Phase 1, Tract No.
5352 is hereby referred to and made a part hereof; and
Whereas, said 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, hereinafter called ("City"), in the penal sum of Three
Million Three Hundred Thirty Four Thousand & 00/100 dollars ($3,334,000.00) 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 bounden principal, his 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 thereof,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the 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 said 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 May 5, 2006.
Appropriate modifications shall be made in such form if the bond is being furnished for the
performance of an act not provided for by agreement.
CENTEX HOMES, a Nevada General Safeco Insurance Comp of America
Partnership
BY: Y�B C--
SCOTT S, DIVISION CONTROLLER Sandra Parker, Attorney-in-Fact
r
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar - Public Works Department
CD Passbook Other Subdivision Bond Performance Bond
Deposited At: Safeco Insurance Company of America
Certificate/Acct. No: 6388714
Deposit Amount: $3,334,000.00 Maturity Date:
Depositor: Name: Centex Homes Maple Run
Address: 1840 S Central Visalia, Ca 93277
Street City/State Zip
Job Address: Tract 5352
Received By: Rose Saldivar, Public Works Engineering Date: 6/13/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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Bond No. 6388714
SUBDIVISION BOND
LABOR AND MATERIAL
Whereas, The City of Fresno, State of California, and CENTEX HOMES, A Nevada General
Partnership, (hereinafter designated as "principal") have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements, which said
agreement, dated , and identified as project Maple Run, Phase 1, Tract No.
5352 is hereby referred to and made a part hereof; and
Whereas, Under the terms of said agreement, principal is required before entering upon the
performance of the work to file a good and sufficient payment bond with the City of Fresno, CA
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, said principal and the undersigned as corporate surety, are held firmly bound
unto the City of Fresno, CA and all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement, and referred to in the aforesaid
Code of Civil Procedure in the sum of One Million Seven Hundred Fifty Four Thousand Five
Hundred & 00/100 dollars ($1,754,500.00), for materials furnished or labor thereon of any kind,
or for amounts due under the unemployment Insurance Act with respect to such work or labor,
that said 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 such 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 suite 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 said agreement or the specifications accompanying the same shall in any manner
affect its obligations on this bond, and 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 below
named, on May 5, 2006.
CENTEX HOME Nevada General Safeco Insurance Compan of America
Partnership
By: By�—
SCOTT TRAY , DIVISION CONTROLLER Sandra Parker, Attorney-in-Fact
STATE OF Texas
COUNTY OF Harris
ON 05/05/2006 BEFORE ME, Tannis Mattson
DATE NOTARY PUBLIC
PERSONALLY APPEARED Sandra Parker
NAME OF SIGNER(S)
[ X ]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
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.
WITNESS MY HAND AND OFFICIAL SEAL
=Notary
TTSONtate of Texas
ion Expires
07,2008 S G TURE F NOT Y
Account Number:
Security Amount:
:
ASSIGNMENT
E
(Subdivision Agreement)
SECURITY FOR: ��/ �/il� �s� hereinafter called
ASSIGNOR, whose principal place of business is
/P19 � _�?�z
Street City State Zip Code
do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title,
and interest of whatever nature, of assi nor, in an to
insured account of assignor in the _
evidenced by in the amount of$ number
ow-�b-t 3q�. which is to be delivered to the Cit of Fresno herewith. Assignor/agrees that this
assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance
Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw
the full amount as indicated above at any time ITHOUT NOTICE TO ASSIGNOR. This
assignment is given as security for liability for
including interest and penalties, and to insure compliance with the applicable code or ordinances of
the City of Fresno, State of California.
Assignor hereby notifies the above-named Bank of this assignment.
Dated this_ 9 day of , 20 'KSQ� .
me & Title of Assignor
e P t�11-
RECE]PT FOR.NOTICE OF.ASSIGN:M:ENT -
Receipt is hereby acknowledged to the City of Fresno of the State of California of written
notice of the assignment to the City of the account identified above. We have noted in our records
the City's interest in the account as shown by the above assignment and have retained a copy of this
sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and
that we have received no notice of any lien, encumbrance, hold, claim or obligation of the
above-identified account prior to the assignment to the City of Fresno. We agree to make payment
to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to
the institution.
Dated this I day of t'�A`/ , 20 010
t3Unk- �h� ��le�+" 2301 S. Mooney �31vd Jic�o�lia- Cal
Bank Name Branch Location City State
By. fifi�iij 5wmc�
Nam Title of Officer
FinctixlA J �vicey o�',cev
SAFECO Insurance Company
S A F E C O® POWER PO Box 34526
OF ATTORNEY Seattle,WA 98124-1526
No. 5713
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
*******"*"DONALD R.GIBSON;SANDRA PARKER;WILLIAM L.POWER;MELISSA HADDICK;TANNIS MATTSON;JACQUELINE KIRK;CURTIS WILLEFORD;
JOE MARTINEZ;TERRI MORRISON;MARY ANN GARCIA;Houston,Texas**""""'**""""""***"""***************"s*"*"""""****""""*•**""*"*""**"""*.r*"w""**"..r.w
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.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 7th day of November 2001
4 Le- Cd -
R.A.PIERSON,SECRETARY MIKE M GAVICK,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,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and
(iii) 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."
I,R.A.Pierson,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,I have hereunto set my hand and affixed the facsimile seal of said corporation
f
this day of wzl
E COMp9
rJct+'��rE Q•• Svc ~O
ATE �
SEAL SEAL T
J� 1953' l92's
A&tVASM ��D(WaSa� R.A.PIERSON,SECRETARY
S-0974/SAEF 2/01
®A registered trademark of SAFECO Corporation
11/7/01 PDF
a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No:
STATE OF California )SS APN No:
COUNTY OF ( )
On 3() 2 before me, - � -� n17 (U1 1� personally appeared
_ i �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 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.
WITNESS my hand and official seal. C. HOOK
,��. TA10 ��PUBLIC
90
OR
Signature ® � NUTARvPuBLC CALIFORNIA
F A� My Co,inn Expirc>�i`k;v. 2009
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
0 INDIVIDUAL
0 CORPORATE OFFICERS) TITLE(S)
0 PARTNER(S) ❑ LIMITED ❑ GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Title Insurance 1/2001
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