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HomeMy WebLinkAboutT-5489 - Cashier Memo - 7/27/2006 City of IeIMIMd5%\I=--il I i/i:L r'f1Cs1jj► PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division G� Land Division & Engineering Section 161 DATE: July 18, 2006 TO: ROSE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: RICK SOMMERVILLE, Supervising Engineering Technician Development Department, Building & Safety Services DivisionT/11-� SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5489/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5489/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5489/UGM. 2. A Beazer Homes check in the amount of$222,181.11 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 Beazer Homes check in the amount of $ 19,000.00, 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$ 358,000.00 5. City's Subdivider's Payment Bond in the amount of$ 188,500.00 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 ti,p� S S S O O O S S l� ? S M O O 'O O M C\ O D\ O O S S O W. l� M O S S S p d "Q O O O l� — v1 N 01 N ? O D\ O 'n — N m 1` ? N N N m m 1O C\ C\ �- N O ? O O O N C O O D\ 01 O m M mn In 1p O l� N O M v'3 M �p O �O — 1- M 1` N Gl p v'3 ? M 1- � -- ? 12 vl O — t� M 'n M N 'O �'1 N oc ? n" N N m N w M r 01 N N ao MO 1- M M 'O �G t'1 — ' N �O O In N , fV N 01 N 7 N *M,�' ' 3 , 3 i vl d E IL w w �,",' Z W F � A w F cwr• (� A U w x 6a. F z 0. W W 0 0 0 Z Z oa. GWi. 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C .O ce LEU 0 �s .a }� e F «S t9yf N ` r r r r ppr r r r ppr r ppr r r r ppr r r r r r r r r ppr ppr r O 'C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S r U N N N N N N N N N N N N N N N N N N N N N N N N N (N N s? J 0) co d ' N Z O N A W co c O Cl) m O O ap+ O 0 0 0 0 - o O v 0 0 0 0 0 0 0 0 0 Cl- In t.1 ... _ ... N t.1 t.1 7 7 7 7 7- 7 7 t.1 Hf t.1 t.1 o c p G € E - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aa u m = - .. .. _ - - - - _ .. - - _ - - = - = - Y�- O O O O O O O O O O O O O O O O O O O O O O O O a.44 - -C - - - - - - - - - - - - - - - - - - - - - - - O O O m. - - Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Faithful Performance Bond Deposited At: Arch Insurance Company Certificate/Acct. No: SU5020360 Deposit Amount: $358,000.00 Maturity Date: Depositor: Name: Beazer Homes Holdings Corp. Address: 75810 N Ingram Suite 104 Fresno 91101 Street City/State Zip Job Address: Tract 5489 Received By: Rose Saldivar, Public Works Engineering Date: 7/18/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip �f.'`'ry avd + _h SiY j t l R���A�� ��Iri�� 4 '•� •n�`Mi1"',.,,f,� E„5,c.,ln 1 tv ::A ,'.RT.r +id'G !'� _ix t p i A, Date i el+ r:c e� oft aao r�reneeckiPsUb iiFQt .M t' > NS PERFORMANCE BOND Bond No.: SU5020360 Principal Amount: $358,000 Premium: $3580 KNOW ALL MEN BY THESE PRESENTS, that we Beazer Homes Holdings Corp.,7580 N.Ingram Avenue, Suite 104,Fresno, CA 93711 as Principal, and Arch Insurance Company, 135 N.Los Robles, #1825, Pasadena, CA 91101 a Missouri Corporation, as Surety, are held and firmly bound unto City of Fresno, 2600 Fresno Street, Fresno, CA 93721, as Obligee, in the penal sum of Three Hundred Fifty Eight Thousand and 00/100 (Dollars) ($358,000.00) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Beazer Homes Holdings Corp. has agreed to construct in Ashlan Village _Tract 5489 Subdivision, in Fresno, CA the following improvements: Sewer, Water, Storm Drain, Underground, Curb& Gutter,Sidewalks, Paved Roads NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void, otherwise to remain in full force and effect, and the Surety, upon receipt of a resolution of the Obligee indicating that the improvements have not been installed or completed, will complete the improvements or pay to the Obligee such amount up to the Principal amount of this bond which will allow the Obligee to complete the improvements. Upon approval by the Obligee, this instrument may be proportionately reduced as the public improvements are completed. Signed,sealed and dated,this 14th day of June,2006. BEAZER HOMES HOLDINGS CORP. ARCH INSURANCE COMPANY Principal Surety B By: Peggy Faust Attorney-in-Fact POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint Peggy Faust, Bonnie Kruse, Dawn Morgan, Jennifer J. McComb, Melissa Kotovsky, Kelly A.Jacobs, Stephen T. Kazmer, James I. Moore, Elaine Marcus and Mary Beth Peterson of Westmont, IL(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit ; This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas Cit�timiss s;:;. ;:,:.< This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page-I,of`2' Printed.in-U.S:A: ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On June 14, 2006 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Peggy Faust, known to me to be Attorney-in-Fact of Arch Insurance Company , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires on November 29, 2008 OFFICIAL SEAL" BONNIE J. KRUSE Notary Public,State of Illinois My Commisslon Expires 11/29r0e Notary Public—BWuiie J. e Finance Control No. City of Fresno Security Deposit Form To: Finance Department- Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Labor & Material Bond Deposited At: Arch Insurance Company Certificate/Acct. No: SU5020360 Deposit Amount: $188,500.00 Maturity Date: Depositor: Name: Beazer Homes Holdings Corp. Address: 75810 N Ingram Suite 104 Fresno 91101 Street City/State Zip Job Address: Tract 5489 Received By: Rose Saldivar, Public Works Engineering Date: 7/18/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip f k % a. Naerie i721tw 3 k 3 In 1eA of R�l�ese° n�eite H r&DiWivered �et�� 'aate an d re pti ft abdVe�re�f n 6 ent;r. ! t t ( { E i C LABOR AND MATERIAL BOND Bond No.: SU5020360 Principal Amount: $188,500 Premium: N/A KNOW ALL MEN BY THESE PRESENTS,that we Beazer Homes Holdings Corp.,7580 N.Ingram Avenue, Suite 104, Fresno, CA 93711 as Principal, and Arch Insurance Company, 135 N. Los Robles -#1825, Pasadena, CA 91101 a Missouri Corporation, as Surety, are held and firmly bound unto City of Fresno, 2600 Fresno Street,Fresno, CA 993721, as Obligee, in the penal sum of One Hundred Eighty Eight Thousand Five Hundred and 00/100 (Dollars) ($188,500.00), lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Beazer Homes Holdings Corp. has agreed to construct in Ashlan Village - Tract 5489 Subdivision,in Fresno, CA the following improvements: Sewer, Water, Storm Drain, Underground, Curb & Gutter,Sidewalks,Paved Roads NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void, otherwise to remain in full force and effect, and the Surety, upon receipt of a resolution of the Obligee indicating that the improvements have not been installed or completed, will complete the improvements or pay to the Obligee such amount up to the Principal amount of this bond which will allow the Obligee to complete the improvements. Upon approval by the Obligee, this instrument may be proportionately reduced as the public improvements are completed. Signed, sealed and dated, this 14th day of June, 2006 BEAZER HOMES HOLDINGS CORP. ARCH INSURANCE COMPANY Principal Surety By:':�� By: Peggy Faust Attorney-in-Fact i POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Peggy Faust, Bonnie Kruse, Dawn Morgan, Jennifer J. McComb, Melissa Kotovsky, Kelly A.Jacobs, Stephen T. Kazmer, James I. Moore, Elaine Marcus and Mary Beth Peterson of Westmont, IL(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.,Mlss This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page-Tof 2 Printed:11n-U.S'.A1. ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On June 14, 2006 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Peggy Faust, known to me to be Attorney-in-Fact of Arch Insurance Company , the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires on November 29, 2008 "OFFICIAL SEAL" BONNIE J. KRUSE Notary Public,Stata of Illinois 41fe, MY Commisslon Expires 11/29/08 N tary Public—B6dnie J. se