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HomeMy WebLinkAboutT-5511 - Cashier Memo - 12/14/2007 City of leeindmik■��I,, rnc- Mia VA&V 7- D DATE: October 26, 2007 TO: Rose Saldivar NOV0 6 2007 Public Works Department Planning Division FROM: JONATHAN BARTEL Planning &Development De CITY OF FRESNO Planning & Development Department, Planning Division SUBJECT: SUBMITTAL OF ADDITIONAL PAYMENT FOR TRACT NO. 5511. ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5511. 1. Check in the amount of$92,934.07 (Bank One No. 71007394) 2. Copy of the updated Subdivision Agreement for Tract No. 5511. 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 %�w7�— Jonathan Bartel i Report ID: ZGLCO210 City of Fresno Page No. 1 Daily Receipt Report Run Date Oct/29/2007 e Run Time 8:15:19 AM Business Unit: FRSNO Deposit Id: 33600767 Acct Date: 10/29/2007 Type/Method: CashDep / Check&Cash Assign to WAYNEG Journal A1titiit< iff �:t[M+jNj ttrt!T��ePny`thentTd Llne7tricr. �'?'"�`` "�'v�`�,' " m7►'e�nfi 76 33826 31509 185001 2008 PWDAILY TR551 I-PRK FACILITY IMPCT FEE 41,074.98 33825 31510 185001 2008 PWDAILY TR5511-QUIMBY PKLD DEDICTN FEE -51,859.09 10110 31509 2008 PWDAILY TR5511-PRK FACILITY IMPCT FEE 41,074.98 10110 31510 2008 PWDAILY TR5511-QUIMBY PKLD DEDICTN FEE 51,859.09 Total Lines: 4 Totals Debits: 92,934.07 Totals Credits: -92,934.07 End of Report t City of F 1, V4b` MEMORANDUM JI DATE: October 9, 2007 TO: Rose Saldivar Public Works Department FROM: JONATHAN BARTEL Planning & Development Department, Planning Division \ toy SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NO. 5511. ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5511. 1. Performance Bond in the amount of$4,688,000.00 2. Payment Bond in the amount of$2,467,500.00 3. Check in the amount of$247,000.00 (Bank One No. 71007259) 6. Check in the amount of$940,049.09 (Bank One No. 71007260) 7. Copy of the Subdivision Agreement for Tract No. 5511. 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 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: SU5024124 Deposit Amount: $4,688,000.00 Maturity Date: Depositor: Name: Beazer Homes Holdings Corp. Address: 7580 N Ingram Suite, 104 Fresno Ca 93711 Street City/State Zip Job Address: Tract 5511 Received By: Rose Saldivar, Public Works Engineering Date: 10/10/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By: - - - -- tiarne Date Released By: ---- own" Type of Release: Made;i }land Delivered Date _Date acknowledge receipt of the above referenced instrument . Signature: �s� _._-- -�-_-- Date_ ' Comments: Bond No.: SU5024124 SUBDIVISION IMPROVEMENT hh PERFORMANCE BOND B e as$o�nes� o�mil oof Corpty of Fresno, State of California, and ` ('principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvemerlts1-Yhich said agreement, identified as Subdivision Agreement for the Final Map of Tract No.:* , 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 Arch Insurance Company p , four i e held_and f�ml b?gng��Qthe�Cit �f esno ("City4"),jra the000 OOum of our ion iz un e i y 3- dollars ($ „ ) 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 onsanc�t and 00/100 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 October , , 20 OT Principal:Beazer Homes Holdings Corp. By. )r � (Principal) Surety. Are Insurance Company (Surety) 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 band 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,,Misso�ui_::,:r, 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. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. STATE OF: ILLINOIS COUNTY OF: DUPAGE On October 4, 2007, 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 in behalf of the said corporation, and he duly acknowledge to me that such 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 March 14, 2011 Irene Diaz OFFICIAL SEAL IRENE DIAZ NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:03114111 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: Arch Insurance Company Certificate/Acct. No: SU5024124 Deposit Amount: $2,467,500.00 Maturity Date: Depositor: Name: Beazer Homes Holdings Corp. Address: 7580 N Ingram Suite, 104 Fresno Ca 93711 Street City/State Zip Job Address: Tract 5511 Received By: Rose Saldivar, Public Works Engineering Date: 10/10/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONL 4 p@ I Accepted By: Name Released By: Name Date -� Type of Release: Mailed „ .:; •i = ��� rn � I acknowledge receipt o Signature: _-- Date 3 Comments: Bond No.: SU5024124 SUBDIVISION IMPROVEMENT - PAYMENT BOND Beazer snomeCitfio��irigoof We City of Fresno, State of California, and ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improv 551s, which agreement, identified as Subdivision Agreement for the Final Map of Tract No. , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Arch Insurance Company , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of TWO Million Four Hundred Sixty Seven Thousand ** dollars ($ 2,467,500.00), 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. "Five Hundred and OO/100 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 whereg�, this instrument has been d I executed by the principal and surety above named, on vctober 4 , 20 U- Principal: Beazer Homes Holdings Corp. By: (Principal) Surety'. Ar Insurance Company By: r. (Surety) Peggy Faust Attorney—In—Fact POWER OF ATTORNEY Know All Men By These Presents.- That resents: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 C' ..Missa�tci 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 Attomey 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 1 of 2 Printed in U.S.A. STATE OF ILLINOIS} COUNTY OF DUPAGE} On October 4, 2007, before me, Tariese M. Pisciotto, 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 in behalf of the said corporation, and duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto se my hand and affixed my official seal, the day and year stated in this certificate above. i My Commission Expires, June 26, 2010 Luioo riese M. Pisciotto, Notary Public OFFICIAL SEAL TARIESE M PISCIOTTO NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:06/26110 company Profile Page 1 of 2 Company Profile ARCH INSURANCE COMPANY ONE LIBERTY PLAZA, 53RD FLOOR NEW YORK, NY 10006 800-821-5546 Former Names for Company Old Name: FIRST AMERICAN INSURANCE COMPANY DBA Effective Date: 11-06-2002 AMERICAN FIRST INSURANCE COMPANY Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01-05-1987 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 #: 11150 NAIC Group#: 1279 California Company ID #: 3005-6 Date authorized in California: July 19, 1985 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: MISSOURI 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 glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get_co_Prof?p_EID=6740 10/5/2007 P11City of Fresno Page No. 1 Report ID: ZGLCO210 R NAIW Daily Receipt Report un Date Oct/1012007 Run Time 10:57:15 AM Business Unit: FRSNO Deposit Id: 33600754 Acct Date: 10/10/2007 Type/Method: CashDep ! Check&Cash Assign to ROSES Journal •,. sv -,�>. � d.i ^' ,fit'; 'i _.:� _ �:•.�. '�• Yl- 22900 63509 180201 2008 PWDAILY TR-5511 CASH SECURITY(5%) -247,000.00 34555 10101 180423 2008 PWDAILY TR-5511 INSPECTION FEE -50,429.05 34579 10101 180422 2008 PWDAILY TR-5511 MONUMENT CHECK MFEE -5,910.00 34859 24001 180423 2008 PWDAILY TR-5511 STREET TREES -7,530.00 34855 30517 189901 2008 PWDAILY TR-5511 LMDF(CFD-11)LSDEPOSIT -55,673.33 34855 30517 189901 2008 PWDAILY TR-5511 LMDF(CFD-11)FEATURES -2,803.85 34855 30517 189901 2008 PWDAILY TR-5511 LMDF(CFD-11)CMDEPOSIT -1,754.32 34855 30517 181511 2008 PWDAILY TR-5511 LMDF(CFD-11)STREETS -305.00 22900 63532 180201 2008 PWDAILY TR-5511 FMFCD DRAINAGE -149,856.00 34855 40575 185001 2008 PWDAILY TR-5511 OVERSIZE SEWER CHG -841.68 34855 40516 185001 2008 PWDAILY TR-5511 TRUNK SEWER CHG -66,736.00 34413 40103 411500 2008 PWDAILY TR-5511 WATER CONN CHG -530.00 34414 40140 411500 2008 PWDAILY TR-5511 TRANS GRID MAIN CHG -1,464.27 34854 40174 185001 2008 PWDAILY TR-5511 UGM WATER SUPPLY -337,172.00 34860 40166 185001 2008 PWDAILY TR-5511 WELL HEAD TREATMENT -15,326.00 34855 40158 185001 2008 PWDAILY TR-5511 RECHARGE FEE -10,864.00 34860 40152 185001 2008 PWDAILY TR-5511 BOND DEBT SVCS FEE -2,604.00 33828 31556 185001 2008 PWDAILY TR-5511 FIRE IMPACT FEE -15,092.00 33826 31509 185001 2008 PWDAILY TR-5511 PARK FACILITY IMPACT -22,709.02 33850 24042 185001 2008 PWDAILY TR-5511 CITYWIDE REGIONAL ST -49,735.41 33855 24053 185001 2008 PWDAILY TR-5511 NEW GROWTH AREA MAJOR -111,772.32 33827 31586 185001 2008 PWDAILY TR-5511 POLICE FACILITY IMPACT -18,620.00 34854 31578 185001 2008 PWDAILY TR-5511 TRAFFIC SIGNAL CHG -12,320.84 10110 63509 2008 PWDAILY TR-5511 CASH SECURITY(5%) 247,000.00 10110 10101 2008 PWDAILY TR-5511 INSPECTION FEE 50,429.05 10110 10101 2008 PWDAILY TR-5511 MONUMENT CHECK MFEE 5,910.00 10110 24001 2008 PWDAILY TR-5511 STREET TREES 7,530.00 10110 30517 2008 PWDAILY TR-5511 LMDF(CFD-11)LSDEPOSIT 55,673.33 10110 30517 2008 PWDAILY TR-5511 LMDF(CFD-11)FEATURES 2,803.85 10110 30517 2008 PWDAILY TR-5511 LMDF(CFD-11)CMDEPOSIT 1,754.32 PWDAILY TR-5511 LMDF(CFD-11)STREETS 305.00 10110 30517 2008 149,856.00 10110 63532 2008 PWDAILY TR-5511 FMFCD DRAINAGE PWDAILY TR-5511 OVERSIZE SEWER CHG 841.68 10110 40575 2008 10110 40516 2008 PWDAILY TR-5511 TRUNK SEWER CHG 66,736.00 10110 40103 2008 PWDAILY TR-5511 WATER CONN CHG 530.00 Report ID: ZGLCO210 City of Fresno Page No. 2 Daily Receipt Report Run Date Oct/10/2007 Run Time 10:57:15 AM Business Unit: FRSNO . I Deposit Id: 33600754 Acct Date: 10/10/2007 Type/Method: CashDep / Check&Cash Assign to ROSES Journal a -0 x P R Itt'id' t.' - . ,..y�+�ts .y.�., .•« w. . —t-Z05-ti L `.- 1 ij ¢ ti�i •'.Yz'.. '.Jh. ..s. }.sir r.3' -•"'*�,•.' .;.,t.. .'r.. •ow .r. ��•wT i. 4. 10110 40140 2008 PWDAILY TR-5511 TRANS GRID MAIN CHG 1,464.27 10110 40174 2008 PWDAILY TR-5511 UGM WATER SUPPLY 337,172.00 10110 40166 2008 PWDAILY TR-5511 WELLHEAD TREATMENT 15,326.00 10110 40158 2008 PWDAILY TR-5511 RECHARGE FEE 10,864.00 10110 40152 2008 PWDAILY TR-5511 BOND DEBT SVCS FEE 2,604.00 10110 31556 2008 PWDAILY TR-5511 FIRE IMPACT FEE 15,092.00 10110 31509 2008 PWDAILY TR-5511 PARK FACILITY IMPACT 22,709.02 10110 24042 2008 PWDAILY TR-5511 CITYWIDE REGIONAL ST 49,735.41 10110 24053 2008 PWDAILY TR-5511 NEW GROWTH AREA MAJOR 111,772.32 10110 31586 2008 PWDAILY TR-5511 POLICE FACILITY IMPACT 18,620.00 10110 31578 2008 PWDAILY TR-5511 TRAFFIC SIGNAL CHG 12,320.84 Total Lines: 46 Totals Debits: 1,187,049.09 Totals Credits: -1,187,049.09 End of Report