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HomeMy WebLinkAboutT-5482 - Cashier Memo - 4/6/2010 in MEMORANDUM W- PLANNING&DEVELOPMENT DEPARTMENT•DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: February 26, 2010 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5482 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$676,000.00 2. Payment Bond in the amount of$356,000.00 3. Check in the amount of$36,000.00 (Bank of America No. 21329) 4. Check in the amount of$67,049.80 (Bank of America No. 20672) 5. Check in the amount of$337,924.48 (Bank of America No. 21328) 6. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, l Jonathan Bartel City of rn�w:�..►`_ PLANNING&DEVELOPMENT DEPARTMENT•DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: January 14, 2010 TO: KERRY TROST Personnel Services Department FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5482 Attached are original bonds required for the subdivision agreement for the Final Map. Please review the following bonds for conformity to City acceptance policies: 1. Performance Bond in the amount of: $ 676,000.00 2. Payment Bond in the amount of: $ 356,000.00 Final Map is scheduled for Council action on February 4, 2010. If you have any questions, please contact me at 621-8076. Thank u, Jonathan Bartel RISK MA AGEMENT G Approved: A „ „ Changes: r r Sig Date 1 IiTY OF FRESNU K MANAGEMEW )ION 2010 JAN 14 PM 4= 01 Bond No.: 5036405 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and K. Hovnanian at Fresno, LLC, A California Limited Liability Company ("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 the Final Map of Tract No. 5482 , 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 Bond Safeguard Insurance Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal stjf Six Hundred Seventy Six Thousand and 00/4oliarS ($676,000.00-- 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 December 28 , 2009 Principal: K. Hovnanian at Fresno, LLC, A California Limited Liability Company By: � (principal) Surety: )) /�Bond Safeguard Insurance Company By:. (Surety) Christine Marotta, Attorney-in-Fact ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On DEC 2 8 20 � before me, a Notary Public in and for the above county, personally appeared Christine Marotta to me personally]mown,who,being by me duly sworn, did state that he/she is Attorney-in-Fact of Bond Safeguard Insurance Company, a corporation organized and existing under the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors,and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. a FICIAL SEAL �LE KUBENA Notary Public IC, STATE OF ILLIN0i5ion Expires 07/15/2012 (SEAL) COOK County,ILLINOIS POWER OF ATTORNEY AO r C � Bond SafeguardiNSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCECOMPANY n Illinois* r�*gjt�on*vhf �tj principal office in Lombard, Illinois, does hereby constitute and appoint:Christine Marotta, Debra Koh man ******************************************************************************************* its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for,and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY T C ILL)NgJO1S INSURANCE COMPANY r �� BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r L°OFFICIAL SEAL" MAUREEN K.AYE IkAaureen K.Aye Notary Public,State of Illinois 'Notary Public My Commission Expires 09/21/09 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. nnoo Signed and Sealed at Lombard, Illinois thisDEV ti 8 20QQfty of 20 - AN iNsu�• J ''E+ ¢4'� F AN CI CT ILLINOIS ; 1 INSURANCE v COMPANY Donald D. Buchanan Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." BS1 State of California County of Sacramento On January 4, 2010 before me, Terrie Lackner, Notary Public personally appeared Richard J Balestreri who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fir authorized capacity(+es), and that by his/her/them 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. 7ERRif:LACKNER Commission#1822937 J � Nolsryl Public-CslNornit Signature �v� (Seal) 5at.Fa tes NMI# 20121 Comm. Bond No.: 5036405 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and K. Hovnanian at Fresno, LLC, A California Limited Liability Company ("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. 548? 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 Bond Safeguard Insurance Company , as corporate surety, are held firmly bound unto the City and all contractors,subcontractors, laborers, material men,and other persons employed in the performance of the agreement and referred to in Title 15 Lpommencindq with Section 3082) of Part.4 of Division 3 of the Civil Code in the sum of Three Hundred Fifty Six Thousand and 00/100 -- dollars ($ 356,000.00 ), 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 December 28 , 20 0 Principal: K. Hovnanian at Fresno, LLC, .A California Limited Liabiality Company (Principal) Surety: Bond Safeguard Insurance Company 04U"6a� v (Surety) Christine Marotta, Attorney-in-Fact ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF COOK On DEC 2 8 2009 , before me, a Notary Public in and for the above county, personally appeared Christine Marotta to me personally]mown, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of Bond Safeguard Insurance Company, a corporation organized and existing under the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. OFFICIAL SEAL NICOLE KUBENA �"� Z AU EARY PUBLIC. STATE OF ILLINOIS � Notary Public Commission E=xpires 07/15-2012 (SEAL) COOK County,ILLINOIS POWER OF ATTORNEY AO 57990 Bond SafeguardINSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGRRD INS 1fANCE �O�IIP�IY n Illir tjf f t principal office in Lombard, Illinois, does hereby constitute and appoint: pristine 1V1aro a, e ra ofl�man ******************************************************************************************* its true and lawful Attorney(s)-In-Fact to make,execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. 1NSUq�, BOND SAFEGUARD INSURANCE COMPANY AN ILLININ OIS Z INSURANCE T 5A coMwwv e? BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K.AYE aureen K.Aye Notary Public,State of Illinois 'Notary Public My Commission Expires 09/21/09 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois thiDEC ti 8 240hay of 20 �o INsv,� AN G ILLINOIS Z INSURANCE 00 COMPANY Donald D. Buchanan Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." BS1 State of California County of Sacramento On January 4, 2010 before me, Terrie Lackner, Notary Public personally appeared Richard J Balestreri who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/may executed the same in his/her/the" authorized capacity(+es), and that by his/her/thei 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. TERRIE LACKNER Commission# 1922957' 10MYCOMM-M Notary Public-California Sacramento County e Signatur _ (Seal) r- Nov I-5.2012 Company Profile Pagel of 2 Company Profile BOND SAFEGUARD INSURANCE COMPANY 10002 SHELBYVILLE ROAD, SUITE 100 LOUISVILLE, KY 40223 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to.Locate the Agent for Service of Process? Reference Information NAIC #: 27081 NAIC Group#: 3488 California Company ID #: 4876-9 Date authorized in California: December 21, 2004 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: ILLINOIS 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 the glossa. SURETY Company Complaint Information Com ap ny Entorcement Action Documents Com any Performance& Comparison Data Composite Complaint Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb_ co_prof utl.get_co_prof?p_EID=61897 1/20/2010 Company Profile Page 2 of 2 Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-June 26,2009 05:53 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co prof utl.get_co proVp_ EID=61897 1/20/2010 K. Hovnanian Forecast Homes Northern, Inc. � STATEMENT VENDOR: City of Fresno CHECK NO: 21329 DATE: 12/30/2009 NO.: 703720 AMOUNT: $36,000.00 } Page 1 of 1 INVOICE# VOUCHER PO#,REFERENCE, GROSS AMOUNT DISCOUNT NET AMOUNT DATE OR JORCOST CODE CKRQ122309A 12/23/2009 Tract5482 5%Cash Bond 36000.00 36000.00 -------------------------------------------------------------------------------------------------------- TOTALS: 36000.00 36000.00 —---------------------------------—---------------------------------—------------------—------------------------------------------------------- -------------------------------------------------—------------------------------------------------------------------------------------------------ A. --- [sill- . . ■ a r� Exposition - - �1 f���t�7� Bank of America �yy sa-127e CHECK NO. 0002132�V1.U:lluC,u1Controlled Disbursement;l& 611 GA Homes Bank of America,N.A. Atlanta,Dekalb County,Georgia CHECK DATE 12/30/2009 vnanian Forecast Homes Northern, Inc. Blvd. Suite 300 1T Sacramento, CA 95815 VENDOR NO. 703720 l PAY: THIRTY SIX THOUSAND DOLLARS AND 3 _ _ K. Hovnanian Forecast Homes Northern, Inc. Pay to the CITY OF FRESNO order of 2600 FRESNO STREET, ROOM 3070 FRESNO CA 937217 PER v J ;i Treasurer —� _7 y - I 11'000213290 1:06L112 ?aW: 329 905 8562110 K. Hovnanian Forecast Homes Northern, Inc. STATEMENT VENDOR: City of Fresno CHECK NO: 20672 DATE: 11/24/2009 NO.: 703720 AMOUNT: $67,049.80 Page 1 of 1 INVOICE#or PO NUMBER VOUCHER REFERENCE OR JOB.COST CODE. GROSS AMOUNT DISCOUNT NET AMOUNT DATE P000287814 10/23/2009 INSPCT FEES FRESNO 76 67049.80 67049.80 -------------------------------------------------------------------------------------------------------- TOTALS: 67049.80 67049.80 --------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------- Bank of America� 64-1278 CHECK NO. 00020672 l — — OVa jan Controlled[Disbursement' 611 GA Homes Bank of America,N.A. Atlanta,Dekaib County,Georgia CHECK DATE 11/24/2009 K. Hovnanian Forecast Homes Northern, Inc. 1375 Exposition Blvd. Suite 300 Sacramento, CA 95815 VENDOR NO. 703720 PAY: SIXTY SEVEN THOUSAND FORTY NINE DOLLARS AND 80/100-- K. Hovnanian Forecast Homes Northern, Inc. Pay to the CITY OF FRESNO order of 2600 FRESNO STREET, ROOM 3070 \� FRESNO CA 93721 PER `� J Treasurer �. "'00020F372111 1:06 L 2 7aa1: 329 90S a 56 211' K. Hovnanian Forecast Homes Northern, Inc. STATEMENT VENDOR: City of Fresno CHECK NO: 21328 DATE: 12/30/2009 NO.: 703720 AMOUNT: $337,924.48 Page 1 of 1 INVOICE# VOUCHER PO#,REFERENCE, GROSS AMOUNT DISCOUNT NET AMOUNT DATE OR JOB.COST CODE CKRQ122309 12/23/2009 Tract5482 Development Fee 337924.48 337924.48 -------------------------------------------------------------------------------------- - - TOTALS: 337924.48 337924.48 kBank of America. 64-1278 CHECK No. 00021328' 0manian Controlled Disbursement611 GA Homes Bank of America,N.A. Atlanta,Dekalb County,Georgia CHECK DATE 12/30/2009 K. Hovnanian Forecast Homes Northern, Inc. 1375 Exposition Blvd. Suite 300 :r• Sacramento, CA 95815 VENDOR NO. 703720 Iwo PAY: THREE HUNDRED THIRTY SEVEN THOUSAND NINE HUNDRED TWENTY FOUR DOLLARS AND 48/100************** K. Hovnanian Forecast Homes Northern, Inc. 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