HomeMy WebLinkAboutT-5571 - Cashier Memo - 12/1/2015 City of MEMORANDUM
PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: December 1, 2015
TO: YOLANDA SMITH
Public Works Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5571
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of $2,688,000.00
2. Payment Bond in the amount of $1,414,500.00
3. Certificate of Deposit in the amount of $141,000.00 (California Bank &Trust)
4. Check in the amount of $383,428.10 (JPMorgan Chase Bank No. 00690924)
a. Deposit$7,387.00 for document preparation fees into 180203 10101 34559
b. The remaining balance of $376,041.10 is identified on Exhibit B of the Subdivision
Agreement.
5. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan Bartel
City of MEMORANDUM
PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: November 25, 2015
TO: HEIDI BRIGGS
Personnel Services Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5571
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: $2,688,000.00
2. Payment Bond in the amount of: $1,414,500.00
If you have any questions, please contact me at 621-8684.
Thank you
Jonat n Bartel
RISK MANAGEMENT DIVISION
Approved [ef
Proved.,wlCh es
51 ner! ate
Bond No.: 024058525
Premium: $10,752.00/annum
Legacy- Phase 1 SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Lennar Homes of California, Inc.
("principal") will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
Subdivision Agreement for the Final Map of Tract No. 5571 is hereby referred to
and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore, we, the principal
and Liberty Mutual Insurance Company , as surety, are held and firmly
bound unto the City of Fresno ("City"), in the penal sum of
Two Million Six Hundred Eighty Eight Thousand and 00/100 dollars ($ 2,688,000.00 )
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 November 23 2015
Lennar Homes of California, Inc
Principal:a nia cor or
By. - -
tn '
Sure ib u ua! Insurance Company
By:
(Surety) Mechelle Larkin, Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,
State of California )
County of Orange )
v NOV 2 3 2015 before me, Kathy R. Mair, Notary Public ,
DATE [Name or Notary Public and Title"Notary Public"]
personally appeared Mechelle Larkin - - - - - - - - -- -- - - --- ------ -- - - - -- - - - - --- - -
[Name(s)of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in 14s_/her/th-4 authorized capacity(+es), and that by 4i&/her/thei-r signature(&) on the instrument
the person(&), or the entity upon behalf of which the person(&) 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.
KATHY R. MAIR4'00 WITNESS my hand and official seal.
Commission #2021597
Notary Public -California i
Z Orange County
� My Comm.Expires May 22,2017
SiqnaLQe4 Notary Public
Place Notary Seal Above
---------------------------------------------- OPTIONAL ---------------------------------------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Mechelle Larkin Signer's Name:
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ® Attorney-in-Fact ❑ Individual ❑ Attorney-in-Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other.-
Signer
ther:Signer Is Representing: Signer is Representing:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno j
On < before me, Christine Collins, Notary Public
(insert name and title of the officer)
personally appeared Darryl S. Denius , who 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.
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.
CHRISTINE COLLINS
Commission#M1344 z
ri Notary Public-California a
Fresno County
Signature (Seal) M Comm.Ex Iras Nov 7.2019
Bond No.: 024058525
Premium: Incl. in Perf. Bond
Legacy- Phase 1
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
Lennar Homes of California, Inc
("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. 5571 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
Liberty Mutual 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
commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of
One Million Four Hundred Fourteen Thousand Five Hundred and 00/100 dollars
($ 1,414;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.
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 November 23 120 15
Lennar Homes of California, Inc.,
Principal:a Ca IiW co t ion
By:
/Zo
rinci
g e Lib y utu urance Company
v.
(Surety) Mechelle Larkin,Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On NOV 2 3 2015 before me, Kathy R. Mair. Notary Public
DATE [Name of Notary Public and Title"Notary Public"]
personally appeared Mechelle Larkin - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
[Name(s)of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ar-e
subscribed to the within instrument and acknowledged to me that be/she/they executed the same
in hi-s/her/the# authorized capacity(4s), and that by 4is/her/their signature(s) on the instrument
the person(&), or the entity upon behalf of which the person(&) 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.
KATHY R.MAIR Y
WITNESS hand and official seal.
� m
Commission#2021597
Notary Public•California 72
Orange County r
M Comm.Ex fres Ma 22,2017
1 � t
-.Signature a otsry Public
Place Notary Seal Above
---------------------------------------------- OPTIONAL ----_---_------------------------------------
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: .-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
I
Signer's Name: Mechelle Larkin Signer's Name:
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ® Attorney-in-Fact ❑ Individual ❑ Attorney-in-Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other.-
Signer
ther:Signer Is Representing: Signer is Representing:
I
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno )
On �S o before me, _Christine Collins, Notary Public
(insert name and title of the officer)
personally appeared Darryl S. Denius , who 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.
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.
CHRISTINE COLLINS
7 Commission#2t31344
Zx4P Notary Public-California
Z Fresno County
Signature (Seal) M Comm. E fres Nov r.2019
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7054138
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute
and appoint, Brenda Wong;Irene Lau;Kar}Davis;Kathy R.Mair;Mecttalle Larkin;Stephanie Ban h;Tenzer V.Cunningham
all of the city of Los Angeles state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th day of July 2015 A
OC P�Z�f 1N$ry r4it450i� �ir1s[a'gq
American Fire and Casualty Company -a
We The Ohio Casualty Insurance Company N
Liberty Mutual Insurance Company m
1906 o n 1919 0 } 1912 0 Z 1991 V
s West Arerican Insurance Company =
,�'!Nl t•�Ab �� 'rc,�HD �����L15a 4, ll RU.4 Ix tY ^
c: STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary
T COUNTY OF MONTGOMERY O
` On this 9th day of July 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v
v O Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, AN
p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, O LU
C
` > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O C"
r1]
91,91, S PR COMMONWEALTH OF PENNSYLVANIAO
Q�00 �$Ir Notarial Seal �®®�� � w M
C'N r�p° ^y ET,,e Pastella,Notary Public By. ��t:�c l u O
W d or Twp„Montgomery County 0 L Teresa Pastella,Notary PublicLsion Expires March 28,2017
07 Ocy Member,Pennsylvania Association of Notaries O E
W +rr Pu` a M
C This Power ofAttomey is made and execrated pursuant to an by aulhority of the following By-laws andAuthorizalions of American Flre and Casualty Company,The Ohio Casualty Insurance W e
Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: c
rn
i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C
4; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, z-,O.� acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective T
E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so .7- a>
0 M executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >
a the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. _
ro = ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E aD
> L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M
p6. seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C 00
v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o
executed such instruments shall be as binding as if signed by the president and attested by the secretary. O eD
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
1,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said
Companies,is in full force and effect and has not been revoked. NOV 2 u 2015
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of —,20
�ty43Cg5U y�v INS LiNSr/ iNsr!
S 1906 o 01912 o 1912 Y 1991 BY:
Gregory W. Davenport,Assistant Secretary
51 of 250
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Initial Rating Date: Senterriber':1 2006
A ,! Rest has plovid-o analysis on this cornparry since 1939
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SPRINKLER
https://interactive.web.ins uranc--.Ca.goyr/companyprofile/companyprofile?event=company... 11/30/2015
___U_ __ I AUTOMATICALLY RENEWABLE
< C B CALIFORNIA BANK
U Tail sr TRUST
IL
I— Y ISSUED AT Irvine Center OFFICE Irvine CA DATE 11 /20/2019
w (CITY OR TOWN) (STATE)
WT Lennar Fresno Inc. FBO City Of Fresno********** 5791084253
p (CUSTOMER NAME) (CUSTOMER NUMBER)
U
} F_ One Hundred Forty-One Thousand and No/1 00*********** DOLLARS $1 41� 000 00
HLU
HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK & TRUST PAYABLE TO OR ORDER UPON MATURITY
'Q to AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OTTERS CERTIFICATE, ROPERLY ENDORSED,ATTHE ABOVE OFFICE.
aF-_ THE MATURITY OF THIS CERTIFICATE WILL BE 12/2 0/2016 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
z0 UNLESS (A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY.THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS
RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR(B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED
MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT
SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF /PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AVSUCIT INTEREST WILL
I BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN
INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS --�.-
C— BANK.THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE,TO THE EXTENT
NECESSARYTO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT AUTHORIZED SIGNATURE
OPS-1(05/09)
03324799 Lennar Fresno,Inc. JPMorgan Chase Bank N.A. STUB CHECK IV 690924
INVOICE 900000.1010.114 1 of 1 DATE 11/23/15
CO.# NUMBER DATE PAYMENTADVICE GROSS DIS .OUNT NET
28567 201511 37604110 CR 111615 T5571FINALMAPFEF/APPROVAL1210 $376,041.10 $0.00 $376,041.10
28567 201511 629300 CR 111615 TRACT5571FINALMAPDOCPREPFEES $6,293.00 $0.00 $6,293.00
28567 201511 109400 CR 111815 TRACT5571 FINAL MAP DOC PREP $1,094.00 $0.00 $1,094.00
5734169 iryaCFresno•CmstructionManapNnen1 1721 Van Ness Ave
Fresno CA 93721 $383428.10 $0-00 $383428.10
�. . ■
Lennar Fresno,Inc. JPMorgan Chase Bank N.A.
8080 N.Palm, Suite 110 Chicago,IL 00690924
70-2322
Fresno, CA 93711 Void if over 180 days 719
DATE AMOUNT
PAY 11/23/15 $***383,428.10
THREE HUNDRED EIGHTY THREE THOUSAND FOUR HUNDRED TWENTY EIGHT AND 10/100 ***********
DOLLARS
TO City of Fresno-Construction Management — iuctwrired 5ixnatoty
THE
ORDER 1721 Van Ness Ave
OF Fresno CA 93721
iori• d Signatory
Two Signatures R aired on Amounts Over$100,000.00
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