Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
T-5595 - Cashier Memo - 6/22/2016
City of mar-�r►r ��� MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: June 22, 2016 TO: YOLANDA SMITH Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5595 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$4,055,000.00 2. Payment Bond in the amount of$2,134,000.00 3. Check in the amount of$478,257.28 (Union Bank No. 19726) a. $213,000 for the 5% deposit identified on Exhibit A of the Subdivision Agreement b. $265,257.28 for development fees identified on Exhibit B of the Subdivision Agreement. 4. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684 Thank you, Jonathan Bartel Uliv of MEMORANDUM ir i=1EN L47 PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: June 13, 2016 TO: HEIDI BRIGGS Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5595 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: $4,055,000.00 2 Payment Bond in the amount of: $2,134,000.00 If you have any questions, please contact me at 621-8684 Thank you, Jonathan Bartel RISK MANAGEMENT RIVIS ON Approved A proved wl anges U Bond No.: SU1140620 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas,the City Council of the City of Fresno, State of California, and UCP Tapestry,LLC,a Delaware limited liability comvanv ("principal")will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5595 is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal UCP TapestU,LLC a Delaware limited liability corn an and Arch Insurance Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Pour Million Fifty Five Thousand and 001100 dollars ($ 4,055,000.00 j 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 Tune 8 , 2016 . Principal: UqP Tap try,LLC,a Delaware limited liability company By: 11, (Principal) Surety: Arch Ins ane Conit3any By. - ——- (Sl] ty) �s I. care, Attorney-in-Fact l 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 Fresno On June 10, 2016 before me, Patricia L. Gavello, Notary Public, personally appeared James E. Jimison, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. PATRICIA L.GAVELLO WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA COMMISSION*2042394 • FRESNO 00l1NTY my COMM,E%p.❑Clppor Signature of Notary Public Bond No.: SU1140620 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and UCP Tapestry,LLC, a Delaware limited liability corn an ("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. 5595 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, 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 Two Million One Hundred Thirty Four Thousand and 00/100 dollars ($ 2,134,000.00 ), 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 Tune 8 , 20 16 . Principal: UCP apestry,ILQ a Delaware limited liability company By. y' (Principal) Surety: Arch Insur ce Compapy By: (Sur a es I. Moore, Attorney—in—Fact L.' 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 Fresno On June 10, 2016 before me, Patricia L. Gavello, Notary Public, personally appeared James E. Jimison, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WITNESS my hand and official seal. PATRICIA L.GAVELLO NOTANY PUaLIC-CALIFORNIA COMMISSION*2042394 (O r1ev�a F1ifi8N0 COUNTY MY Cdtnm,Exp.Oclaber 9,2017 Signature of Notary Public AIC 0000165672 THIS POWER OFATTORNEY/S NOT VALID UNLESS ITIS PRINTED ON BLUE 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. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: _ - Bonnie Kruse, Dawn L. Morgan, Elaine Marcus, Jamul. Moore, Jennifer J. McComb, Kelly A. Gardner, Mary Beth Graff, Melissa - - Schmidt,Stephen T. Kazmer and Tariesa M. Pisciotto of Westmont, IL(EACH) its true and lawful Attorney(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, undertakings, recognizances and other surety obligations,_in-the penal sum not exceeding Ninety Million Dollars($90,000,000.00). 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 execution of such bonds, undertakings._reoogn- antes and other surety obligations in pursuance of these present shall=6e-as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duTy=execufed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are here certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, 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 subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations 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 September 15,2011: =A/OTED,That the signature of the Chairman of the Board, the President, or the_Ezecutive Vice President, or any Senior Vice President, of the Surety-Business Division, or their appointees designated in writing and filed wifh—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 September 15, 2011, 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. OOMLOO13=00 03 03 Page 1 of 2 Printed in U.S.A. State of Illinois} } ss. County of DuPage } June &.2016 before me, Tariese M. Pisciotto, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James 1. Moore 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 acknowledged 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 Ex i es June 26 2018 OFFICIAL SEAL" p,SCIOTTp L + �40*y%blIc,Stats of flllnois + .+mmlaelan ExAlrss 06/26/2018• Tariese M. Pisciotto, otary Noblic *��+�•.•a,..++�+`+++ Commission No. 560807 6/22/2016 Company Profile CALIFORNIA DEPARTME111T OF INSURANI COMPANY PROFILE Company Profile Company Search Company Information Company Information ARCH INSURANCE COMPANY Old Company 300 PLAZA THREE, 3RD FLOOR Names JERSEY CITY, NJ 07311 Agent for Service 800-475-4094 Reference Information Old Company Names Effective Date NAIC Group List Lines of Business FIRST AMERICAN INSURANCE COMPANY 01/05/1987 Workers' FIRST AMERICAN INSURANCE COMPANY DBA AMERICAN FIRST 11/06/2002 Compensation INSURANCE COMPANY Complaint and Request for Agent For Service Action/Appeals Contact Information Vivian Imperial 818 WEST SEVENTH STREET Financial Statements SUITE 930 PDF's LOS ANGELES CA 90017 Annual Statements Quarterly Reference Information Statements Company Complaint NAIC # 11150 Company Performance & California Company ID #: 3005-6 Comparison Data Company Date Authorized in California. 07/19/1985 Enforcement Action - --- - - - - Composite License Status: UNLIMITED-NORMAL Complaints Studies Company Type. Property &Casualty Additional Info Find A Company State of Domicile: MISSOURI Representative In —Your Area View Financial back to top Disclaimer NAIC Group List NAIC Group #: 1279 Arch Ins Grp Lines Of Business 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 MARINE https:/fi nteractive.web.insurance.ca.gov/com panyprofiletcom panyprofile?event=com panyProfile&doFunction=getCompanyProfile&eid=6740 1/2 6/22/2016 Company Profile SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https:/fi nteracbve.web.insurance.ca.gov/com panyprofile/com panyprofile?event=com panyProfii le&doFuncbon=getCompanyProfi le&eid=6740 2/2 6/22/2016 Arch Insurance Company-Company Profile-Best's Credit Rating Center A.M.Best I A.M.BastRating Services I A.;'S >astilofornlatiol;Services Alwut(Gareers I Everrls 143ul tt I CSntucl Rating Search: Rating Services Home Search »Advanced Search Ia—I Print this Daae — _ Ratings »Recent Rating Activity Arch Insurance Company L?) »Search for a Rating A.M.Best#:003186 NAIC#:11150 FEIN#:430990710 Regional Centers Administrative Office View Additional Address Information 300 Plaza Three,3rd Floor Assigned HsNn¢wffsrplhRWny Rating Process&Definitions ,� to Jersey City,NJ 07311-1107 »Understanding Best's Ratings United States insurance A+gMpmpr n Guide to Best's Ratings companies »Financial Strength Rating Guide that have,in our opinion,a »Issuer Credit RatingGuide Web: :201-743-surance.com Phone:201-743-4000 superior ability to meet their »Issue Rating Guide Fax:201-743-4005 ongoing insurance obligations. »National Scale Rating Guide »Country Risk Information »Market Segment Outlook Based on A.M.Best's analysis,058459-Arch Capital Group Ltd.is the AMB Ultimate Parent and identifies the topmost entity of Rating Methodology the corporate structure.View a list of operafino insurance entities in this structure. Industry Research - la[;••'••• - — Industry&Market Centers Fihanclal Strength Rating Yew DaTnitlpn _ Bast's Credit Rating Analyst i Contact an Analyst Rating: A+(Superior) Rating Issued by,A.M•Best Raling Services,Inc Conferences&Events Affiliation Code: g(Group) Assistant Vice President:Steven M-Chin no,CPA Awards&Recognitions Financial Size Category: XV($2 Billion or greater) Vice Pres Ida rrt:Robert B.DeRgse Data Submission Center ,, Outlook: Stable Regulatory Information Action: Affirmed Effective Date: August 21,2015 Initial Rating Date: June 30,1977 View A.M.Best's Rating Disclosure Form I nid a f/ew's Chdif flaring I Enter Company Name �.�Qi1a- arm.lssuar Credk RatingView MigFtionA.M.Best Affirms Ratings of Arch Capital Group Ltd and Stable ,�r its Subsidiaries Long-Term: t August 21,2015 w AovanCed Search Outlook: Stable Action: Affirmed Effective Date: August 21,2015 AM.Best Rating Services • 9 Initial Rating Date: October 26,2004 Contact Inforrnaliur,» - u Denotes Under Review Best's Rating A.M.Best has provided ratings.&analysis on this company since 1977. Financial Strength _ i Lang-Term Issuer Credit I Effective Date Rating Effective Date Rating 8/2112015 A+ 8121/2015 aa- 3/20/2014 A+ 3/20/2014 aa- 1/24/2013 A+ 1/24/2013 as- 1/23/2012 A+ 1/23/2012 aa- 12/1/2011 A 2/1/2011 a+ AMB Credit Report -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:4/1412016(represents the latest significant change). Historical Reports are available in AMB Credit Report Archive. View additional news,reverts and Droducts for this company- Date. Title http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=3186&URatingld=2392449&bl=O&AItSrc=9&PPP=&AJtNum=0&Ext_User=&Ext_Misc.., 1/2 6/22/2016 Arch Insurance Company-Company Profile-Best's Credit Rating Center Aug 21,2015 A_M_Best Affirms Ratings of Arch Capital Group Ltd anis its subsidiaries Jan 24,2013 A.M.Best Affirms Ratings of Arch Reinsurance Ltd.and Its Ooeratinu Affiliates Jan 23,2012 A.M.Best Upgrades Ratings of Arch Re Ltd.and IIs O17erating Afflljate s Feb 01,2011 A-M-Bast_Revlses 0utl00k ID PosiI Ve for Arch Capital Group Ltd and Its Subsidiaries Dec 15,2009 A M.Best Affirms Ratings of Arch Reinsurance Ltd.and Its AffiIiaits Oct 08,2008 AN.-Bev Upgrades Issuer Credit Ratings of Arch Reinsurance Ltd and Affiliates Aug 02,2007 A.M.Best Affirms Ratings of Arch Reinsurance Ltd. Aug 02,2007 A.M.Best Affirms Ratings of Arch Insurance Company(Europe)Limited Dec 12,2006 A.M.Best Upgrades Ratings of Arch Reinsurance Ltd. May 01,2006 A.M.Best Affirms Ratings of Arch Reinsurance Ltd, 1 2 Page size: 10 13 iterns in 2 pages European Union Disclosures A.M.Best-Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore, credit ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/481EC. Australian Disclosures AM.Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287),is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No.411055)under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are nota recommendation to be used to make investment/purchasing decisions. Important Notice:A.M.Best's Credit Ratings are independent and objective opinions,not statements of fact.A.M.Best is not an Investment Advisor,does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M.Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of credit rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Understanding Best's Credit Ratings. About A.M.Best I Site Map I Customer Service I Member Center I Contact Info I Careers I Terms of Use I Privacy Policy Security I Legal&Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2016 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. http://www3.ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=3186&URatingld=2392449&bl=O&AltSrc=9&PPP=&AJtNum=0&Ext_User=&Ext_Misc.., 2/2 •- - THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER 'a.4�r«.axa.a wxr.p.a UCP,LLC Union Bank.N-A. Accounts Payable 99 Almaden Blvd.,Suite zoo Y San Jose,CA 95113 99 Almaden Boulevard 16-49 Suite 400 1220 San Jose, CA 95113 DATE CHECK NO AMOUNT June 2, 2016 19726 *$478,257.28 Pay:****"Four hundred seventy-eight thousand two hundred fifty-seven dollars ************************************************************and 28 cents PAY. TO THE CITY OF FRESNO PUBLIC WORKS ORDER OF 2600 FRESNO STREET FRESNO, CA 93721 THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK—HOLD AT AN ANGLE TO VIE ii"0000 19 7 2 Gila 1: L 2 2000496 : 4 58000 3 3 2 511"