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HomeMy WebLinkAboutT-5649 - Cashier Memo - 2/21/2008 i City of MEMORANDUM DATE: September 27, 2007 TO: Rose Saldivar l y Public Works Department FROM: JONATHAN BARTEL Planning & Development Department, Planning Division SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NO. 5649. ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5649. 1. Performance Bond in the amount of$506,000.00 2. Payment Bond in the amount of$266,500.00 3. Check in the amount of$27,000.00 (Bank of America No. 101693) 6. Check in the amount of$335,955.86 (Bank of America No. 73009) 7. Copy of the Subdivision Agreement for Tract No. 5649. 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 • r Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Performance Bond Deposited At: International Fidelity Insurance Company Certificate/Acct. No: 0422826 Deposit Amount: $506,000.00 Maturity Date: Depositor: Name: D. R. Horton, Inc. Address: 8365 N Fresno St, Ste 310 Fresno, Ca. 93720 Street city/State Zip Job Address: Tract 5649 Received By: Rose Saldivar, Public Works Engineering Date: 9/27/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted B Released By:- Name `� Type of Release: p.ai gm { «:r I acknowledge receipt of the • -y _ - .. 1,. .. - Signature: _ Date— Comments: atesComments r_ r Bond No. 0422826 Premium $3.289.00 SUBDIVISION PERFORMANCE BOND-CALIFORNIA �� WHEREAS: City of Fresno State of California,and D.R. Horton. Inc. - Fresno (hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which said agreement,dated 3khe_ 13 2pJ7 ,and identified as project, for Arboleda-Water. Street, Storm Drain, Landmarks, Monuments, Lot& Block Corners and is hereby referred to and made a part hereof;and WHEREAS,said 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_ International Fidelity Insurance Company as Surety,are held and firmly bound unto City of Fresno hereinafter called"Obligee" in the penal sum of Five Hundred Six Thousand Dollars and 00/100 _ Dollars($506,000.00 )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 bounden 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 the Obligee, 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 part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, incurred by Obligee in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the term 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 named, on June 12 2007 D.R. Horton, Inc.- Fresno Principal By: Surety Internn'attiional Fidelity Insurance Company Dawn L.Morgan A ey-In-Fact 601 Oakmont Lane, Suite 400 Address Westmont. IL 60559 __ Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Labor & Material Bond Deposited At: International Fidelity Insurance Company Certificate/Acct. No: 0422826 Deposit Amount: $266,500.00 Maturity Date: Depositor: Name: D. R. Horton, Inc. Address: 8365 N Fresno St, Ste 310 Fresno, Ca. 93720 Street City/State Zip Job Address: Tract 5649 Received By: Rose Sa.ldivar, Public Works Engineering Date: 9/27/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Accepted By: =Name r"K- eleased By: Name Date Im Me of Release: Mailed _ � Hand*Deiivered _ Date Date "acknowledge receipt of the above referenced instrument: i n tura: omments: _ • r - Bond No. 0422826 Premium: Included in Performance Bond SUBDIVISION LABOR AND MATERIAL BOND-CALIFORNIA WHEREAS:city of Fresno State of California, and D.R. Horton, Inc. - Fresno (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 3wAe- 1-$ 2oc, and identified as project for, Arboleda-Water Street Storm Drain Landmarks Monuments Lot&Block Corners and is hereby referred to and made a part hereof;and WHEREAS,Under the terms of said agreement,Principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Fresno to secure the claims to which reference is made in Title 15 (commencing with Section 3082) as Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate Surety, are held and firmly bound unto City of Fresno (hereinafter designated as"Obligee")and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure, in the sum of Two Hundred Sixty Six Thousand Five Hundred Dollars and 00/100 dollars ($266,500.00 ), for material furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the sum 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 the Obligee in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and included in the judgment herein rendered. It is 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 them 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 said 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 Principal and Surety named, on June 12, 2007 D.R. Horton, Inc. -Fresno Principal International Fidelity Insurance Company Surety By: 0v _. Dawn L.Morgan ,Attortz -In-Fact 601 Oakmont Lane, Suite 400 Address Westmont, IL 60559 Tel (9'1:3)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint ..................................................................................................................................................................................................................................................................................... KELLY JACOBS, DAWN L. MORGAN, ELAINE MARCUS, JAMES I. MOORE, PEGGY FAUST, BONNIE J. KRUSE, MARY BETH PETERSON, IRENE DIAZ, STEPHEN T. KAZMER, MELISSA SCHMIDT, JENNIFER J. MC COMB Westmont, IL. .................................................................................................................................................................................................................................................................................... its true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety.any and all bonds and undertakings,contracts of indemnity and other writings obligatoryym the nature thereof,which are or may be allowed,required or permitted by law,stature, rule, regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE 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. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint 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,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attomey-in-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ty INd' IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,A.D.2003. INTERNATIONAL FIDELITY INSURANCE CO SEAL m r y 19 n STATE OF NEW JERSEY MERS�a�p County of Essex Secreta On this 29th day of August 2003,before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said the he is the therein described and authorized officer of the INTERNATIONAL IZDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. ARQCr IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, P• �� at the City of Newark,New Jersey the day and year first above written. CO O NOTARY "'� PUBLIC JERS A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 12th day of June, 2007 141% / ae� Assistant Secretary STATE OF Illinois SS. COUNTY OF DuPage On June 12, 2007 before me, Tariese M. Pisciotto PERSONALLY APPEARED Dawn L. Morgan personally known to me (or 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 Imi n�n+v�capacity(ies), and that by his/her/their signature(s) on the EALinstrument the person(s), or the entity upon behalf of which CIOTTOthe person(s) acted,executed the instrument. E OF ILLINOISIRES:06/26110 WITNESS hand and official seal. Signature This area for Official Notarial Seal Tariese M. Pisciotto OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XI ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) International Fidelity Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ACKNOWLEDGMENT State of : California County of f'Y sl—u On /3,, `Z0e,7 , before me Date Name and itle of Officer(e.g.,"Jane Doe,Notary ublic") personally appeared 1-4117 Name(s)of gner(s) ']-personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person(s)whose name(s isra subscribed to the within instrument and acknowledged to me thathe she/they executed the same in(hisYer/heir authorized capacity(ies), and that by(his/lw/thy signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal COMM. 01572674 x Wary Public.California stanislaus County 10!tConn.Ex 'es 24 =9 '� gnature of N Public Place Notary Seal Above C-)mpany Profile Page 1 of 2 Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 1575 TREAT BLVD. WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 11592 NAIC Group #: 0000 California Company ID#: 4341-4 Date authorized in California: February 09, 1996 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: NEW JERSEY 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. SURETY Company Complaint Information Company Enforcement Action Documents Com-Dany Performance& Comparison Data Composite Complaint Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get co_proDp_EID=60972 9/27/2007 Company Profile Page 2 of 2 Help Me Find a Company Rgpresentative in My Area Financial Rating Organizations Last Revised-September 11,2007 12:43 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=60972 9/27/2007 Report ID: ZGLCO210 City of Fresno Page No. 1 Wpu Daily Receipt Report Run Date Sep/27/2007 Run Time 3:05:12 PM Business Unit: FRSNO , Deposit Id: 33600745 Acct Date: 9/27/2007 Type/Method: CashDep / Check&Cash Assign to ROSES Journal ..� 4�nh:- �.,• . ..Ilia"T�:r'`�.'e; o�= 22900 63509 180201 2008 PWDAILY TR-5649 CASH SECURITY(5%) -27,000.00 34579 10101 180422 2008 PWDAILY TR-5649 MONUMENT CHECK FEE -4,680.00 34859 24001 180423 2008 PWDAILY TR-5649 STEET TREES -4,380.00 22900 63532 180201 2008 PWDAILY TR-5649 FMFCD DRAINAGE FEE -65,473.00 34407 40502 414500 2008 PWDAILY TR-5649 LATERAL SEWER CHG -533.41 34855 40558 185001 2008 PWDAILY TR-5649 OVERSIZE SEWER CHG 467.85 34855 40513 185001 2008 PWDAILY TR-5649 TRUNK SEWER CHG -59,079.00 34411 40103 411500 2008 PWDAILY TR-5649 FRONTAGE CHG -684.65 34854 40140 185001 2008 PWDAILY TR-5649 TRANS GRID MAIN CHG -703.51 34854 40139 185001 2008 PWDAILY TR-5649 TRANS GRID MAIN BOND -265.87 34854 40178 185001 2008 PWDAILY TR-5649 UGM WATER SUPPLY FEE -6,083.29 34854 31518 185001 2008 PWDAILY TR-5649 UGM MAJOR STREET CHG -888.61 34854 31533 185001 2008 PWDAILY TR-5649 UGM MAJOR ST BRIDGE -95.46 33828 31556 185001 2008 PWDAILY TR-5649 FIRE IMPACT FEE -4,851.00 33826 31509 185001 2008 PWDAILY TR-5649 PARK FACILITY IMPACT -20,502.00 33825 31510 185001 2008 PWDAILY TR-5649 QUIMBY PARKLAND DED -157,920.00 33827 31586 185001 2008 PWDAILY TR-5649 POLICE FACILITIES IMPA -5,616.00 34854 31578 185001 2008 PWDAILY TR-5649 TRAFFIC SIGNAL CHG -3,732.21 10110 63509 2008 PWDAILY TR-5649 CASH SECURITY(5%) 27,000.00 10110 10101 2008 PWDAILY TR-5649 MONUMENT CHECK FEE 4,680.00 10110 24001 2008 PWDAILY TR-5649 STEET TREES 4,380.00 10110 63532 2008 PWDAILY TR-5649 FMFCD DRAINAGE FEE 65,473.00 10110 40502 2008 PWDAILY TR-5649 LATERAL SEWER CHG 533.41 10110 40558 2008 PWDAILY TR-5649 OVERSIZE SEWER CHG 467.85 10110 40513 2008 PWDAILY TR-5649 TRUNK SEWER CHG 59,079.00 10110 40103 2008 PWDAILY TR-5649 FRONTAGE CHG 684.65 10110 40140 2008 PWDAILY TR-5649 TRANS GRID MAIN CHG 703.51 10110 40139 2008 PWDAILY TR-5649 TRANS GRID MAIN BOND 265.87 10110 40178 2008 PWDAILY TR-5649 UGM WATER SUPPLY FEE 6,083.29 10110 31518 2008 PWDAILY TR-5649 UGM MAJOR STREET CHG 888.61 10110 31533 2008 PWDAILY TR-5649 UGM MAJOR ST BRIDGE 95.46 10110 31556 2008 PWDAILY TR-5649 FIRE IMPACT FEE 4,851.00 10110 31509 2008 PWDAILY TR-5649 PARK FACILITY IMPACT 20,502.00 10110 31510 2008 PWDAILY TR-5649 QUIMBY PARKLAND DED 157,920.00 10110 31586 2008 PWDAILY TR-5649 POLICE FACILITIES IMPA 5,616.00 Expa Report ID: ZGLCO210 City of Fresno Page No. 2 Daily Receipt Report Run Date Sep/27/2007 > Run Time 3:05:12 PM Business Unit: FRSNO Deposit ld: 33600745 Acct Date: 9/27/2007 Type/Method: CashDep / Check&Cash Assign to ROSES Journal Ae 1 fund Org' ' 'DP ` ' -PC bU Pr)'Grt ►ctivity Id Rn Type Pa)went Id line Descr Amount 10110 31578 2008 PWDAILY TR-5649 TRAFFIC SIGNAL CHG 3,732.21 Total Lines: 36 Totals Debits: 362,955.86 Totals Credits: -362,955.86 End of Report