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Home My WebLink AboutT-5531 - Cashier Memo - 11/19/2014 City of MEMORANDUM rnow--h PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: November 19, 2014 TO: JANE MOUANOUTOUA Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5531 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$9,114,000.00 2. Payment Bond in the amount of$4,797,000-00 3. Check in the amount of$480,000.00 (Bank of America No. 0024548870) 4. Check in the amount of$360,000.00 (Bank of America No. 0024548869) 5. Check in the amount of$297,912.53 (Bank of America No. 0024548868) 6. Check in the amount of$25,435.04 (Bank of America No. 0024548866) 7. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684. Thank yo� Jonathan Bartel City of MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,GA 93721 DATE: November 17, 2014 TO: LORI NAJERA Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5531 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: $9,114,000.00 2. Payment Bond in the amount of: $4,797,000.00 If you have any questions, please contact me at 621-8684. r? Thank you, Jonathan Bartel RISK MANAGEMENT DIVISION c �; r 1,Ap?ro ed I A prbvod whinges U o SI9ne I Data Bond No.: CMS279368 ORIGINAL SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas,the City Council of the City of Fresno,State of Catifomia,and ceatex Homes,; a Nevada General Partnero;3R, ("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. 5531 1s 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 orincloal and RLI Insurance Company _ ,as corporate surety,are held firmly hound 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 (cornmenr inq with Section 3082) of Part 4 of Division 3 of the Civil Code in the.sum of four million seven hundred nine tq shvea;thousand. and 00/100 dollars ($4.797,006--00 ),for materials furnished or labor thereon of"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 enfaled 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 fug 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 Nodember 7 ,20 14 Principai: Centex Hames, a Nevada General Partnership, BY: Centex Real Estate By: Corporation, ITS: Hanagiug Partner ?Princioalf Bry a Langen, Assistant Treasurer Sie RLI Insurance Uompany Syr: Virginia l $icCson, At� torneg—In—Fact ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA ) )ss. COUNTY OF FULTON ) This record was acknowledge before me on November 7, 2014, by Bryce Langen, Assistant Treasurer of Centex Real Estate Corporation, Managing Partner of Centex Homes a Nevada General Partnership, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand and official seal. SHIRLEYE HurcHMS Notary Public Fulton county State of Georgia My commission Expires Apr 17, 2018 ignature f Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: April 17, 2018 RLI Surety POWER OF ATTORNEY U" P.O.Box 3967 J Peoria,IL 61612-3967 RPhone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation, does hereby make,constitute and appoint: Virginia Erickson Jessica Hollaender,jointly or several! in the City of Phognix , State of Arizona its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this IOth day of April _ 2014 `APNC , RLI Insurance Company Gait By: Roy C.Di Vice President State of Illinois ,,,I N 0,% SS County of Peoria JJJ CERTIFICATE On this 10th day of A tip l 2014 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy ie , who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 7t hlay of MQyember, 201 It By: 2,�Or_ Jacque' e M.Suckler Notary Public RLI Insurance Company "OFFICIAL SEAL" 'sPni or JACQUMNE M.VOCKEER By ua COMMISSION EXPIRES 01MV18 Roy C.I I Vice President `W 0250773020212 A0058707 ORIGINAL Bond No.: CMS279368 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, Slate of California,and Centex Item es, _ rs�El 2 a Neva a General artae, ,,,..,.,a.. ("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. 553,1_ „„!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 princloaf Centex Homes, a Nevada General Partnership and——&J _Tn,suraueas surety,are held and firmly bound unto the City of Fresno (Citi'),in the penal sum of nine malion one hundred fourteen thousand and 00/100 ______dollars ($9,114,000_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, Tl3e condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,successors or assigns,shall in ail things stand to and abide by,and well and truly keap 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 aaaompanying 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 NovemberT7 Z14 principab t:e tea Homes, a Nevada General Partnership, BY: Centex Ileal Estate Corporation, ITS: Managing Partner (Priv 1pal) Bryce T ugeu, Assistant Treasurer. Surety: RIJ insurance Com y By: OUA% I 1 (Surety) Vi nia Erickson, Attorney—In--Fact ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA ) )ss. COUNTY OF FULTON ) This record was acknowledge before me on November 7, 2014, by Bryce Langen, Assistant Treasurer of Centex Real Estate Corporation, Managing Partner of Centex Homes a Nevada General Partnership, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand and official seal. SHIRLEY E HUTCHINS Notary Public Fulton County State of Georgia .GGc �l N1y Commission Expires Apr 17,2018 gnature oVNotary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: April 17, 2018 ACKNOWLEDGEMENT State of Arizona County of Maricopa On 11/7/2014 before me personally appeared Virginia Erickson Whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) Jessica yolk NOTARY PUBLIC-ARIZONA MyR �pCo�,Ex � Jessica Hollaender-(Votary's Signature January 13.2017 RLI Surety POWER OF ATTORNEY RU" P.O.Box 3967 1 Peoria,IL 61612-3967 Phone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint: Virginia Erickson Jessica Hollacnder,jointly or severally in the City of Phoenix _, State of AriZona its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company, The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 10th day of A1261 2014 � 4r;cE'6,•;, RLI Insurance Company �¢ CARPO�r6� "-_ . SEAL . By: Roy C.Di Vice President State of Illinois o-14 N o�y+''� SS County of Peoria ) CERTIFICATE On this 10th day of April 2014 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Roy C. Die , who being by me duty swom, corporation of the State of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this Juh day of November , 2014. By: Jacque' e M.Bockler Notary Public RLI Insurance Company WTra "OFFICIAL SEAL" ?P-LIC A'GURINE vl.90 CKCER By �5'iAi,OF rNd!.S COMMISSION EXPIRES 0111419e Roy C.Di Vice President 0250773020212 A0058707 tpulteGroup' CITY OF FREFRESNO Check Number 0024548870 Vendor Number 551CIT1G9 Check Date 11/12/14 Invoice Date Co Lot Lot Address Opt Acct It Acct Cat Description Amount 4883_T5531 SECDEP 11110114 4883 00001 00001 10232 Municipal Fees 4R70-0000+ TOTAL �**� � 480,000.00 THE RIGINAL DOCUMENT HAS A WHJTE REFLECTIVE)WATERMARK ON THE BACK.HOED AT AN ANGLE TO VIEW.L)(5-14-0T S�WHF CANpT PRESENT ,— —� - 71 —711", --,.� _ - --c Check Number 0024548870 64-1278 [ � to G ro i i p Pulte Hornes Corp-Northern Ca —661-1+,n Ll 1 1 d s621 0uit. Stoneridge fv all Road Check Date 11/12/14 Suite 500 Pleasanton,CA 94588 $480,000.00***** PAY FOUR HUNDRED EIGHTY THOUSAND AND 001100 DOLLARS Bank of America CustomerVoid After 180 Days Connection Atlanta,Dekalb County,GA TO THE CITY OF FRESNO ORDER OF P.O. BOX 2069 �-- FRESNO, CA 93718-2069 II1002EoS� fl ?DIc doD6 � 112 ?8800 7299039i722II3 *PulteGroup- CIETY' OF FRESNO Check Number 0024548869 Vendor Number 551CIT169 Check Date 11/12/14 Invoice Date Co Lot Lot Address Opt act Acct Cat Description Amount 4683_T5531_ROW 17/10/14 4883 00001 00001 10494 Offsite-Other 360,000.00+ **** TOTAL **** 360,000.00 THE OR_!_GENAL DOCUMENT HAS A WH1TE REFLECTIVE WATERMARK ON—THEE'CK.HOLD AT AN ANGLE TO VIEW DO NOT CASH IF NOT PRESENT E ---— -- . . _. Puk f"1�( "" r Check Number 0024548869 II NTRI 1r"" ! 1. p .2, Hames Corp•N j Roan Ca Check Date 11/12/14 6210 Stoneridge Mall Road Suite 500 Pleasanton,CA 94588 $360,000,00 `**** PAY THREE HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS Bank of America Void After 180 Days Alla to Dekalb C°Connection Void TO THE CITY OF FRESNO ORDER OF P-0, Bax 2069 ��( �- FRESNO,CA 93718-2069 - Z 1100024S4866911[] OM6 b ; � 27881: 32990394220 *RulteGroup CITY OF FRESNO Check Number 0024548868 Vendor Number SSICTT169 Check Date 11/12/14 Invoice Date Co Lot Lot Address Opt Ccactt Acct Cat Description Amount 4883_T5531_FINAL_MAP 11/10114 4883 00001 00001 70232 Municipal Fees 297,912,531 **** TOTAL **** A - 297,912.53 THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK HOLD AT AA ANGLE TO 1AE DQ'NOT CASK fF NOT PRESENT Lheck-Number 0024548858 84.1278 tPu' 'I't'leGr6upPune Hames Corp Northern Ca C�eCk D8t2 1/12/1 62 o 5t0ne edge Mall Road0611 Suite 500 Pleasanton,CA 94588 $297,912.53***** PAY TWO HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED TWELVE AND 53/100 DOLLARS Bank of America Customer CannecVoid After 180 Days ounAtlanta,Dekalb County,GA TO THE CITY OF FRESNO ORDER OF I.O. BOX 2069 FRESNO,CA CA 93718-2069 u■00 2450,:E ik&W' 32990394220 *PulteGrou CITY OF FRESNO Check Number 0024546866 Vendor Number 551CIT169 Check Date 11/12/14 Invoice Date Co Lot Lot Address Opt Ccactt Acct Cat Description Amount 4883 BLDG PERMIT_FEES 11JIT/1_4 551 B 01301 6669 E Christine Avenue 00001 20006 Permit-Building-Primary 4,239.17+ 4883 RLDG_PERMIT_FEES 11/10114 5518 01401 6577 E Christine Avenue 00001 20006 Permit-Building-Primary 4,239.18+ 4883 BLDG_PERMI7 FPES 11/10114 5618 01501 6591 E Christine Avenue 00001 20008 Permit-Building-Primary 4,239.I7+ 4863-SLOG PERMIT_FEES 11110/14 5519 01601 6605 E Christine Avenue 00001 20006 Permit-Building-Primary 4,239.17+ 4883^6LDG-PERMIT FEES 11110;14 5519 01701 6619 E Christine Avenue 00001 20006 Permit,Building Primary 4,239.171 4883-BLOG_PERMIT_FEES 11110/14 5519 01801 6633 E Christine Avenue 00001 20006 Permit-Building-Primary 4,239.18+ _ * * TOTAL T 25,435.04 THE ORIGINAL DOCUMENT HAS A WHIT F REFLECTIVE WATERMARK ON THE BACK HOLD AT AN ANGLE TO VIEW DO NOT CASH IF NOT PRESENT -s i1 � Check Number 0024548866 64-1278 ' 1` t Pulte Hoinescorp-Northern Ca Check Date �l/I2/I4 — i11 6210 Stoneridge Mall Road Suite 500 Pleasanton,CA 94588 $25,435.04****** PAY TWENTY-FIVE THOUSAND FOUR HUNDRED THIRTY-FIVE AND 04/100 DOLLARS Bank of America CustomerVoid After 180 Days Connection Atlanta,Dekalb County,GA TO THE CITY OF FRESNO ORDER OF P.O. BOX 2069 FRESNO, CA 93718-2069 11800 245488661I' [.'06 � 1 b 2788oA 3299031'14220