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HomeMy WebLinkAboutT-5869 - Cashier Memo - 2/7/2011 City of Lm-MLd_%IkI MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: February 7, 2011 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5869 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$2,326,000.00 2. Payment Bond in the amount of$1,224,000.00 3. Check in the amount of$122,000.00 (JPMorgan Chase Bank N.A. No. 00074818) 4. Check in the amount of$541,595.67 (JPMorgan Chase Bank N.A. No. 00064412) 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel City of 1011 MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: January 25, 2011 TO: KERRY TROST Personnel Services Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5869 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: $2,326,000.00 2. Payment Bond in the amount of: $1,224,000.00 Final Map is scheduled for Council action on February 17, 2011. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel RISK MANAGEMENT DIVI;,t AAppr ved: fit(( ed w/Changes: Date J "Executed In Duplicate" Bond No.: 350462S Premium: $32,564.00/2 yrs. SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, 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. 5869 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 Developers Surety and Indemnity Company as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Two Million Three Hundred Twenty Six Thousand and No/100------------------------- dollars ($2,326,000.00-------- 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 January 12 12011 Le ar Fresno, In Principal: lifornia cor tion By: I;r (P cip rety: veld s Surety and Indemnity Company By: -- (Surety) Nanette Myers _.., :: ....... _.......::... . ...........: .......... ......::. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California f County of Orange On 1/12/2011 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Nanette Myers who proved to me on the basis of satisfactory evidence to be the person(s) whose narn4s) 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 r 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. J`_! Gommisslon # 1778x41WITNESS my han and offic' seal. Notary Public - Calftfnio Orange County �,iyComm,Wres Nov 6,2011 (Notary St V Signature f Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as E DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certt&ing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document Ej Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which 3; must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. rf • Indicate the correct singular or lural forms b crossing off incorrect forms CAPACITY CLA]IvIED BY THE SIGNER Su P Y g (i.e. he/she/thej-is/ere)or circling the correctforms.Failure to correctly indicate this y` ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a E? (Title) sufficient area permits,otherwise complete a different acknowledgment form. s ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. lX Attorney-in-Fact e, Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. sE ❑ Other Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). <' • Securely attach this document to the signed document ....:....;.,.;......;.. - .............,_......... -..,............;.;.;,.................-..........................,... :x. I ,• "Executed In Duplicate" Bond No.: 350462S Premium: Incl. In Per-f. Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, 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. 5869 is hereby referred to and made a part hereof; and i 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 Developers Surety and Indemnity 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 Two Hundred Twenty Four Thousand and No/100------------ dollars ($ 1,224,000.00 ), 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 January 12 120 11 Lennar sno, Inc., Principal: a Ca' o a or or i 1:��w By: — A (fir ncipal Surety: ve ars S ty and Indemnity Company By:_ (Surety) Nanette Myers, Attorney-In-Fact ........................................................... ::...>.......:.: .....-----.............. ..............:. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange I: On 1/12/2011 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Nanette Myers #s: who proved to me on the basis of satisfactory evidence to be the person(s) whose nam4s) 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 s< 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 s" is true and correct. = K. LU WITNESS my hand and official seal. commission ;# 1778641 �`, Notary Public • California Z Orange County (Notary Seal) MYCOmtn•ExOres Nov 6.2011 1` Sig re of Notary Public t; 3E ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a 3i document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in ##j'• California (i.e. certifying the authorrced capacity of the signer). Please check the 4; document carefully for proper notarial wording and attach this form ifrequired. (Title or description of attached document continued) i • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. t (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. 33i • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. CAPACITY CLAIMED BY THE SIGNER ❑ Individual(S) he/sheAhel;-is/are)or circling the correct forms.Failure to correctly indicate this ft: information may lead to rejection of document recording. 3i ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. # Impression must not cover text or lines.If seal impression smudges,re-seal if a {; (Title) sufficient area permits,otherwise complete a different acknowledgment form. isS ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. [A Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. 3*1 Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint `**Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Jane Kepner, Nanette Myers, Jeri Apodaca, Rosa E. Rivas, Grace Reza, Rachelle Rheault, jointly or severally*** as their true and lawful Attomey(s)-in-Fad,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s}in-Fad full power and authority to do and to perform every ad necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the ads of said Attorney(s)4v-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1 st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of Use wnporations be,and each of them hereby is,authorized to attest the exewtion of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By: r'' a dye. Q�PANYp� Stephen T.Pale,Senior Vice President �Jo�C�r G OPQoa4 O (141 OCT.9�a fig n 2 . T.S p By: 110 1936 o w 1967 Charles L-Day,Assistant Secretary !OW Py �7 State of California 7E e County of Orange On January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personalty appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) who proved to me on the bas's of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that helsheAhey executed the same In his/heftefr authorized capacity(ies),and that by tr AnrAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the Instrument .1 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 o@oal seal. Place Notary Seal Above Signature Ch er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. r� This Certificate Is executed in the City of Irvine,California,the day of ,JAN 1.2 l,` 2O11 By: Albert Hillebrand,Assistantecretary ID-1380(Wet)(Rev.07107) Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process SUSAN M. MOORE, 11780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the_Av-ent_for Service of Process? Reference Information MAIC #: 12718 NAIC Group #: 0075 California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: IOWA 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. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://interactive.web.insurance.ca.gov/webuser/idb_co_prof ut1.get_co_prof?p_EID=100... 1/25/2011 Company Profile Page 2 of 2 Company Complaint Information Company Enforcement Action Documents Company Performance& Comparison Data Composite Com laint Studies Want More? Help Me Find a Comp y Representative in My Area Financial Rating Organizations Last Revised-June 26,2009 05:53 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/ldb_co_prof utl.get_co_prof?p EID=100... 1/25/2011 Lennar Fresno,Inc. JPMorgan Chase Bank N.A. Chicago, IL 8080N. Palm, Suite 110 00074818 70-2322 i Fresno CA 93711 Void if over 180 days 719 1 DATE I AMOUNT PAY 1 02/03/11 $***1229000.00 ONE HUNDRED TWENTY TWO THOUSAND AND 00/100 ***************************************** DOLLARS i T s City of Fresno Authorized ry ORDER 2600 Fresno Street I OF Fresno CA 93721 Authorized Signatory Tw tg"tures Required on Amounts Over$100,000.00 lCOLORS6 11,000 7 L.13 1130 1:07 19 23 2 261: 886 29 3 3 3 11i' 03324799 Lennar Fresno, Inc. JPMorgan Chase Bank N.A. STUB CHECK NO. 74818 INVOICE 900000 . 1010.114 1 of I DATE 02/03/11 CO.# NUMBER DATE PAYMENTADVICE GROSS DISCOUNT NET 10841 5869/PERFORMANCE SECURIT 20311 Performance Security for t5869 $122,000.00 $0.00 $122,000.00 5945273 City of Fresno 2600 Fresno Street Fresno CA 93721 $122,000.00 $0.00 $122,000.00 Lennar Fresno,Inc. JPMorgan Chase Bank N.A. 8080 N.Palm, Suite 110 Chicago,IL 00064412 70-2322 Fresno CA 93711 Void if over 780 days 719 DATE AMOUNT pq y 1 01/18/11 $***541,595.67 FIVE HUNDRED FORTY ONE THOUSAND FIVE HUNDRED NINETY FIVE AND 67/100 **************** DOLLARS ZA1 TO City of Fresno Authorized Signatory THE ORDER 2600 Fresno Street OF ry- Fresno CA 93721 thorized Sign ry Two Sig a es Required on Amounts Over$100,000.00 ■ ■ ■ ■• A. . ■ ■ ■ i ■ ■ o 0000 6 4 4 1211, 1:07 19 23 2 261: B86 29333 Inn 03324799 Lennar Fresno,Inc. JPMorgan Chase Bank N.A. STUB CHECK NO. 64412 INVOICE 900000 . 1010.114 ] of 1 DATE 01/18/11 CO.# NUMBER DATE PAYMENTADVICE GROSS DISCOUNT NET 10841 5869/SUBDIVFEE 011110 t5869-subdivision fees/agreemt $541,595.67 $0.00 $541,595.67 i I i j 5945273 City of Fresno 2600 Fresno Street eet Fresno CA 937. $541,595.67 $0.00 $541,595.67 f