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HomeMy WebLinkAboutT-5413 - Cashier Memo - 1/2/2007 t 00 City of Ll�C�\■�11�c ,� :'' 20`16 - ...- �} Q,AND MEM DATE: November 21, 2006 TO: Rose Saldivar Public Works Department FROM: JONATHAN BARTEL Planning & Development Department, Building and Safety Services Division SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NO. 5413. ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5413. 1. Check in the amount of$129,616.00 (Bank of America No. 32141) 2. Check in the amount of$29,551.48 (Bank of America No. 32143) 3. Check in the amount of$46,621.99 (Bank of America No. 32144) 4. Check in the amount of $59,726.78 (Bank of America No. 32145) 5. Check in the amount of $11,791.93 (Bank of America No. 32147) 6. Check in the amount of $83,495.34(Bank of America No. 32148) 7. Check in the amount of $44,703.00 (Bank of America No. 32149) 8. Check in the amount of $2,760.00 (Bank of America No. 32150) 9. Check in the amount of$2,790.00 (Bank of America No. 32151) 10. Check in the amount of$57,649.98 (Bank of America No. 100087) 11. Performance Bond in the amount of$1,606,000.00 12. Payment Bond in the amount of$845,000.00 13. Certificate of Deposit in the amount of $85.000.00 14. E—mail correspondence 15. Copy of the Subdivision Agreement for Tract No. 5413. 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. Thank You, Jonathan Bartel i` tyr 00 0 00 ° p p pp `^ 00 °° S S 00 8 8 8 8 8 8 o O0 ° 8 8 8 880� 888888h00NSggSa to00 00 h00ry IL o 0 o v c pp vpi o6 v ri 'c c o6 c i c — — c — o p o v c o vpi o6 v c i o c o6 c i T 7 v1 M M O� �D n v1 O, N N v1 g �O T 7^ r l� l� V1 N1 �O cl v1 l% Oo N — v1 l� lc l� v1 n n v01 �D O �O M v1 l- al N V N N Ni v1 l� C N l� vi ao — 17, 17, O Z C A m D H a oc oc w w W W w W C7 Cw7 x OZ w oC U W x O u. U W V U ¢ U m a F > z cl. 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No: 091000080995322 Deposit Amount: $85,000.00 Maturity Date: 04/30/07 Depositor: Name: D. R. Horton, Inc. Address: 8365 N Fresno St, Ste 310 Fresno, Ca. 93720 Street City/State Zip Job Address: Tract 5413 Received By: Rose Saldivar, Public Works Engineering Date: 11/21/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip 25 4 $ res a � � .�i�� .E;z�Eu.�...�.«,,.�.,:z ,��; .:,t..` �w� ��s�#ice# arr,�i'>i .,,,�, ..z..,. �.....9V .. . ON E E a l MAR p d^r tai. % iiri F €• i { s *• � ,I ~ 4 C rx ro s sN � ' $ iYs as u r �a s na t iii +;���• ����� ' ���at+ ��� � ��� �,p �t� a �` ���is �` � � J `ry�`" rica® BankofAme � CD Deposit BANK OF AMERICA,N.A.(THE"BANK") Receipt Customer Information Account Title* D R HORTON INC FBO: CITY OF FRESNO Social Security Number/Employer Identification Number 75-2386963 Address 301 COMMERCE ST STE 500 City FORT WORTH State TX Zip Code 76102-4178 Country *Indicates that the named person's Name and Social Security Number/Employer Identification Number will be used for IRS Tax Reporting purposes. Account Information Account Number 091000080995322 Deposit Date 10/31/2006 Deposit Amount$ 85000.00 Investment Type Commercial Term 6 Months Interest Rate 2.72000 Annual Percentage Yield 2.75% Compound Frequency MONTHLY Maturity Date 04/30/2007 Interest Payment Information Date of First Payment Payment Frequency Method Reinvest (Complete if method is transfer/deposit): Account Type Account Number Routing Transit Number This time deposit is transferable only on the records of the Bank. See your Deposit Agreement and Disclosures and your Schedule of Fees for information regarding early withdrawal penalties,fees and other disclosures. Individual F-1 Trust/POD-(G.S.53-146.2) ❑Joint with Survivorship(100%)**(G.S.53.146.1) ' IMPORTANT: FOR TRUST/POD ACCOUNTS, DEPOSITOR MUST READ AND COMPLETE THE CORRECT SECTION OF THE CARD BELOW. ' *IMPORTANT: FOR JOINT WITH SURVIVORSHIP ACCOUNTS, DEPOSITOR MUST READ AND COMPLETE THE CORRECT SECTION OF THE CARD BELOW. Customer's Signature Date 1,` �1, L NNC 33.14-9029M 04-2002 BankofAmerima ,O , Account Summary BANK OF AMERICA,N.A.(THE "BANK") Information Thank you for allowing us to assist you with your banking needs. Here is a summary of the accounts and services we set up for you or which you applied for today. If any of this information is incorrect,please let us know. We appreciate the opportunity to serve you. D R NORTON INC Accounts CD FIXED TERM CD Account Number 910 000 8099 5322 Title on Account D R HORTON INC FBO: CITY OF FRESNO Address 301 COMMERCE ST STE 500 FORT WORTH TX 76102-4178 Tax ID Number 75-2386963 Issue Amount $85,000.00 Interest Rate/Annual Percentage Yield 2.720% / 2.75% Maturity Date 04/30/07 Compound Frequency Monthly Payment Method Reinvest Bank Information Date 10/31/2006 Banking Center Name CHARLOTTE MAIN OFFICE Associate's Name ROBERT M SHAFTO Associate's Phone Number 704-386-5654 0o14Page 1 .9082M 6-1999 Bankof America Bank of America Global Client Services NCI-002-27-05 101 South Tryon Street Charlotte,NC 28255 November 14, 2006 City of Fresno 2600 Fresno Street Fresno, Ca. 93721 Subject: Certificate of Deposit A Certificate of Deposit has been issued by Bank of America, located at 101 S. Tryon Street, Charlotte, N. C. 28255, whose phone number is 800 547 6058. We acknowledge that this CD has been pledged to the City of Fresno and will not be released until we either receive written authorization or endorsement for the City to do so. The CD has been posted for a term of 6 months and we understand that it will automatically renew until such time as the City releases it. The CD has been pledged to the City for purposes intended in the amount of $ 85,000.00 and account number 910 000 8099 5322. Sincerely, Robin Landingham Vice President Bank of America Charlotte, N.C. 28255 cc: DR Horton, Inc. USA 20002004 US Olympic Teams Necysl,d Paper Jori Bartel - Re' Certificate of Deposit for Tract No. 5413 Page 1 From: Greg Wiles To: Bartel, Jon Date: 11/17/2006 8:46:38 AM Subject: Re: Certificate of Deposit for Tract No. 5413 Yup, can you forward the original to us? Thanks. >>>Jon Bartel 11/15/2006 11:36 AM >>> Hello Greg, The attached 4 page document is the CD that was submitted today by DR Horton without an assignment. Per Ed Garcia from DR Horton, I was told that you accepted this. Is that correct? Thanks. Jon >>>Greg Wiles 11/08/06 11:34 AM >>> I ok'd Tract 5413 and 5188, because he said they had been in the pipeline for some length of time and all the docs were in place. Looks like this is for tract 5413, so no problem. Make sure we have an assignment form however. The FOB City of Fresno is still pretty weak. I had set a deadline of December 31, 2006 as a drop dead date for using the new language in subdivision agreements and after which the City will only accept CDs made out to the City of Fresno. EVEN if it has been in the pipeline. We have to draw the line somewhere. Please tell your customers, and any other relevant parties that they need to be aware of that date. Otherwise they will have to get a new CD made out to the City of Fresno. Okie doke? Thanks, Greg Wiles >>>Jon Bartel 11/8/2006 10:59 AM >>> Good morning Greg, Ed Garcia from DR Horton submitted the attached CD with his subdivision agreement package and said that he spoke with you a couple weeks ago and that you said it was acceptable. Is that correct? Thanks. Jon Bartel - Supervising Engineering Technician Land Division & Engineering Planning and Development Department 559-621-8076 Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Performance Bond Deposited At: The Continental Insurance Company Certificate/Acct. No: 929408010 Deposit Amount: $1,606,000.00 Maturity Date: Depositor: Name: D. R. Horton, Inc. Address: 8365 N Fresno St, Ste 310 Fresno, Ca. 93720 Street City/State Zip Job Address: Tract 5413 Received By: Rose Saldivar, Public Works Engineering Date: 11/21/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip !Alolw wol IN ,'mm - c E. z � U FC kE 3 ` E e"f" SEE Qlaaa ar' gat '* ..3' . ry;' a ' r � CNA INSURANCE COMPANIES sena 92940801 d`E C E IVE D premium, $9,636.00 2 2006 sUBuivzszoa PZAFOSMAHCB BOND D.R. HORTON, INC, FRESNO WBERE". D.R. Horton, Inc. - Fresno state of califoraia. andinsurance Company (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements. which mai reemene dated , , and identified as project tarMr et Valley T -Water, bewer, z5treeorm Drai Lm hereby rafarred to and made a part .hereefj and Whereas. Said principal is required under the terms of said agreement to furnish a bond for Che faithful performance of said agreement- Now. thevef ova. we the principal and The Continental Insurance Company . as surety. are held sad firmly bound unto the Uityotresno hereinafter called (" Obligee ' in the penal mum of One Million ST-R-Fru-n-d—red Six Thousand Dollars and 007100 dollars ($ 1,606,000.00 lawful money of the United States, for the payment of which sum yell and truly to he sada, we bind ourselves. our heirs. successors, ex-acutors and administrators, jointly and severally, firmly by Chase presents. - The condition of this obligation is. such that if the above bounded principal. his or its hairs. executors, administrators. successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenantsv conditions and provisions in the said agrees,ent and any alteration thereof made as therein provided. on his or their para to be kept and performed at the time and in the. manner therein specified, and in all respects according to their true ineane and meaning, and shall indemnify and save harmless City of Fresno . its officers, agents and employees as therein stipulated, than this obligation shall become null and void; othextiise is shall be and remain in full force and affect_ As a part of the obligation secured hereby and in addition to the face amount spacified therefor, there shall be included comes and reasonable expenses and fees. including reasonable attorney's fees. iaaurred by City of Fresno to auccensfully enforcing such obligation. all to be taxed as costs and included In any judgment rendered. The surety hereby stipulates and agrees that no 'change, eztenaiou of time. alteration or addition to the texas of the agreement or co the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and is dean hereby waive notice Of any such change, extension of time. alteration or addition to the terms of the agreement or to she work or to the specifications. In witness whexeefs this inetrumant. has been duly executed by the principal and surety above nas,ed. on September 29 2006 D.R. Horton, Inc. - Fresno By: The Continental In urance ompany By, Dawn L. Morgan Atto y-in-fact r � s Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Payment Bond Deposited At: The Continental Insurance Company Certificate/Acct. No: 929408010 Deposit Amount: $845,000.00 Maturity Date: Depositor: Name: D. R. Horton, Inc. Address: 8365 N Fresno St, Ste 310 Fresno, Ca. 93720 Street City/State Zip Job Address: Tract 5413 Received By: Rose Saldivar, Public Works Engineering Date: 11/21/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip q WEI ���.n.�., m-_ � ,uu�.�nu� -� - ... ,�; .�� E � x,mak.�:vx,g��.`'�'•.�.'a�.�c " �",sa�..,,,��"�, .k.."'��E��.v�':�..A.�'7, •," 0 .•� �� '. ) s '. g .. •' R M L 1' EL k t � �F � ;4• W �' W616rceipt of#. YI+ Eti: E SR ,� yT '\ '^a�.+:.�.T" t� ,_ xa^ �j•K... ., y E H aj.,'`. 2`, r. a Mfr '` y, .4z 1 p€ '� CNA INSURANCE COMPANIES goad mo. 929408010 rrvime: $9,636.00 SuaaivlSxoa PAYHXKT aoao wEmRr►s. the D.R. Horton, Inc. - Fresno , State of California._ and a Continental insurance CornDany (hereinafter designated as "principal" ) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements. which said agreement, dated . and identified as project Garnet Valley 1 -Water. Sewer, Street. Storm Drain is hereby referred to and made a part hereofs and Whereas. Under Che Ceras of said agreement principal is required before entering upon the performance of the work. to file a good and sufficient payment bond with the City of Fresno to secure the claims Co 'Which refnrenca Is made in Title 15 (commencing with Section 3082) Part 4 of Division 3 of the Civil Code of the State of California. Nov, therefore. said priacial sod the undersigned as corporate surety. are held m firly bound unto the City ofrresn0 and all contractors, subcontractors. laborers. materialwan and other persons employed in the performance of the aforesaid �t �¢ c pd = h Ives��iousanjibAa�s and 001100 Code of Civil Pr$ n the sum of t L AMCa t-orty dollars ($ V��W.06 ). for IM&terlals furnished or labor thereon of any kind, or for amounts due under the Unemploysment Insurance Act with respect to such work, or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove see forth. and also in case sult is brought upon this bond, will pay, in addition to the face amounc thereof, coats and reasonable- expenses and 'fees, including reasonable attorney'a fees, incurred by City of Fresno in successfully enforcing such obligation, to be taxed as costs sad 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 cc them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then Chia 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 Lima. alteration or addition to Che terms of said agreement or the specification 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 Che principal and surety above named. on September 29 2006 D.R. Horton, Inc. - Fresno Ey. The Continental Insurance Company By= 0'-,C.wl Dawn L. Morgan Atto ey^in-fact POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a South Carolina corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James I Moore, Bonnie Kruse,Stephen T Kazmer,Dawn L Morgan, Mary Beth Peterson, Peggy Faust,Kelly A Jacobs, Melissa Schmidt,Elaine Marcus,Jennifer J Mc Comb,Joel E Speckman,Individually of Westmont,IL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of December,2005. �.. � The Continental Insurance Company • .I�. '"�''•��� Michael Gengler Senior ce President State of Illinois,County of Cook,ss: On this 5th day of December,2005,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a South Carolina corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. ....................... 'OFFICIAL SEAL' ; (MARIA M.MEDIA MY Conrni..i•n E.p.w 311 6M My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th dayof September 2006 •'y tNSV The Continental Insurance Company • r "•d"•• Mary A.Rikafjkis Assistant Secretary Form F6850-11/2001 f STATE OF Illinois SS. COUNTY OF DuPage On September 29, 2006 before me, Tariese M. Pisciotto PERSONALLY APPEARED Dawn L. Morgan 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 OFFICIAL SEAL the person(s) acted,executed the instrument. TARIESE M PISCIOTTO NOTARY PUBLIC-STATE OF ILLINOIS WITNESS hand and official sea W COMAUSSION EXPIRES:06I26�t0 Signat \ go This area for Official Notarial Seal Tanese M. Pisciotto OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) The Continental Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE 10-081 Rev,6/94 ALL-PURPOSE ACKNOWLEDGEMENT ACKNOWLEDGMENT State of. California County of 66Ab On 1$ /7,7.cV4, before me7Ar1 I9 Date Name andOfficer Tide of Offcer(e.g.,"Jane Notary Publ!c') - k personally appeared A cv - )Yg77v Name(s)of Signer(s) personally known to me [ ] 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. WITNE IURILYN T. T S COMM. 01572674 Z zNotary Public•California x stanislaus County Comm,Ex ira .24v 2009 ��ignatureofN Public Place Notary Seal Above Coqipanv Profile Page 1 of 2 Company Profile CONTINENTAL INSURANCE COMPANY (THE) CNA 333 S. WABASH, 28TH FL. CHICAGO, IL 60685 800-262-4554 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 35289 NAIC Group #: 0218 California Company ID #: 2270-7 Date authorized in California: January 01, 1978 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: SOUTH CAROLINA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to thelog ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http://interactive.web.insurance.ca.gov/webuser/idb co prof_utl.get co proPp_EID=6008 11/20/2006 �- CWpany Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating>, Organizations Last Revised-October 17,2006 04:37 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb co_prof_utl.get_co_proPp_EID=6008 11/20/2006