HomeMy WebLinkAboutT-6051 - Cashier Memo - 12/12/2014 City of MEMORANDUM
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PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: December 12, 2014
TO: JANE MOUANOUTOUA
Public Works Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 6051
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of $918,000.00
2. Payment Bond in the amount of $483,000.00
3. Certificate of Deposit in the amount of $48,000.00 (California Bank &Trust)
4. Copy of receipts of credit card payment from Lennar Fresno on 12/03/14 in the amount of
$65,000.00 and on 12/05/14 in the amount of $234,204.25 totaling $299,204.25.
5. 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,CA 93721
DATE: December 11, 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. 6051
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: $918,000.00
2. Payment Bond in the amount of: $483,000.00
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan Bartel
N
RISK MANAGEMENT DIVISION
Approved 'y
Apprpved w/Changes Lj
FTI
7 4 ku Date
Bond NQ,• 389143S Premium: $3,672.00 per annum
Heritage Park III
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Lennar Fresno, Inc.
("principal")will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements,which said agreement,identified as
Subdivision Agreement for the Final Map of Tract No._6051 , is hereby referred to
and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now,therefore,we,the principal
and Developers Surety and Indemnity Company _, as surety, are held and firmly
bound unto the City of Fresno ("City"), in the penal sum of
Nine hundred eighteen thousand and 00/100 dollars ($ 918,000.00 _ )
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 _December 3 , 2014 .
Principal: Lennar Fresno 'o ja ca oration
By;
(Principal)
F
Surety:—De IQ rs ty and Indemnity Company
(Surety) Mechelle Larkin,Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On DEC - 3 2014 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 persons} whose nameko is/a-Fe
subscribed to the within instrument and acknowledged to me that 4e/she/ executed the same
in 4is/her/#he4 authorized capacitykieo, and that by 4is/her/the4 signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(O 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.
;� . KATHY R.MAIR
Commission #2021597
z •"� Notary Public - California
Orange County '' I
MY Camm,Expires May 22 2017 J
Signature of Not Public
(Seal)
-------------------------------- ............ OPTIONAL ----------------------------_
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another 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
RIGHT THUMBPRINT
Signer's Name: Mechelle Larkin ToOF SIGNER
p of thumb here
❑ Individual
❑ Corporate Officer—Title(s)
❑ Partner— ❑ Limited ❑ General
® Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
Acknowledgment
State of California )
County of Fresno)
O�t. a3 c3�o/.:5--before me, Christine Collins Notary Public =personally appeared
who proved to me on the basi 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.
f f.
X� '; X
CHRISTINECOLLINS Nat lic Si
CaMM.#f95%63 59BB3 � u gnat re
ROTARY PUBLIC CAL}fpRHIA
FRESNO COUNTY i
Comm.Exp. NOV.7,2015
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date
Number of Pages
TYPE OF IDENTIFICATION
[ ] Satisfactory Evidence — identification card
[ ] One Credible Witness acknowledging identity of principal
[ ] Two Credible Witnesses acknowledging identity of principal
Copyright 0 1994, All Rights Reserved,California School of Notary Public,Inc.
Bond No.: 389143S Premium: included in Pen`. Bond
Heritage Park III
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. 6051 , 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
Four hundred eighty three thousand and 00/100 dollars
($483,000.00 —), 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 dulv executed by the principal and surety
above named, on December 3 , 20_14_.
Principal: Leng -F o- nc 'r California corporation
B
fPrinci
a lop ur ty and Indemnity Company
Y�
(Surety) Mechelle Larkin, Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
County of Orange
On DEC - 3 2014 before me, Kathy R. Mair. Notaty 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 persons} whose nameko is/are
subscribed to the within instrument and acknowledged to me that 4e/she/ executed the same
in 4is/her/their authorized capacity##-0, and that by 4is/her/#he4 signature(s) on the instrument
the person{}, or the entity upon behalf of which the persons) 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.
vwe KATHY R. MAIR
V. Commission#2021597
Notary Public-California z
a
Orange County
Niy Cwomm.Expires May 22,2017 Y ��
y
Signature of Lary Public
(Seal) �—
--------------------------------------------- OPTIONAL --------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another 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 RIGHT THUMBPRINT
Signer's Name: Mechelle Larkin OF SIGNER
Top of thumb here
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General
® Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Irene Lau, Kathy R. Mair, Mechelle Larkin,jointly or severally—
as their true and lawful Attorneys)-in-Fact,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 Attorneys)-in-Fact full power and authority to do and to perform every act 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 acts of said Attorney(s)-in-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 Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution 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 officers and attested by their respective Secretary or Assistant Secretary this November 21,2013.
By ` ' � �.AND ., OMPAN Y pfi
Daniel Young,Seniu Vice-President _r�.1�`LD�v pR FF�d$ G 0?'F0 �p
-w OCT.
OCT.b
Bp: =a° 1935 ''a w 195'
Mark J_Lansdpn,Vice-President ? v
State of California
County of Orange
On November 21 2013 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Younq and Mark J.Lansdon
Name(s)of Signer(s)
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/herRheir authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
ANTONIO AWARADO which the person(s)acted,executed the instrument.
a COMM,#2033558
NOTARY PUBLIC CA!iFORH1A
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNTY true and correct.
My comm.expires Aug.9,2017
WITNESS my hand and official seal.
Place Notary Seal Above Signature —
Antonio Alvarado,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or 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.
This Certificate is executed in the City of Irvine,California,this day of DEC T 3 2014
By
Csssie J.8erpsfor , slstanl Secretary
ID-1380(Rev.11/13)
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
Acknowledgment
State of California )
County of Fresno)
before me, Christine Collins, Notary Public , personally appeared
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 N ublic Signature
t, COMM.#1959663 9
T► NOTARYPUBLIC-CALIFORNIA
FRESNO COUNTY
Comm, Exp.NOV.7,2015
ADDITIONAL INFORMATION
DOCUMENT INFORMATION
Document Date
Number of Pages
TYPE OF IDENTIFICATION
[ ] Satisfactory Evidence — identification card
[ ] One Credible Witness acknowledging identity of principal
[ ] Two Credible Witnesses acknowledging identity of principal
Copyright 0 1994, All Rights Reserved, California School of Notary Public,Inc.
W AUTOMATICALLY RENEWABLE
Q C B CALIFORNIA BANK
LL
U Tausr
TRUST
ISSUED AT Irvine Center OFf ICE Irvine CA DATE 12/9/1 4
Lu (CITY OR TOWN)
(STATE)
wa Lennar Fresno Inc FBO City Of Fresno************5791084220********
U O lCU5TpaAF.R NAMEi {CUSTOMER NUMBCRI
}-
Farts Eight Thousand and Nn/1 OO******************** DOLLARS $48,000.00
W
j HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK & TRUST PAYABLE TO f Fresno OR ORDER UPON MATURITY
CO AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PR PERLY ENDORSED,ATTHE ABOVE OFFICE.
aTHE MATURITY OF THIS CERTIFICATE WILL BE� e AFTER RATE ANO SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
.I z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGI AL DR 4Y EX51ENRED 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 EIRENDETI MATURITY OR(B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED
0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT
SAID DEP091T BEARS SIMPLE INTEREST AT THE RATE OF 0 Q2.PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY.AS ABOVE PROVIDER,AND SUCH INTEREST WILL
= BE PAID OR CREOITED AT EACH SUCCESSIVE MATURI#Y RATE IN ACCORDANCE WITH THE WRITTEN
INSTRUC7IONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF 1HIS
BANK THE RATE Or INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE 10 INE EXTLNT
NECESSARYTO COMPLY WITH ANY 1 AW OR GOVERNMENTAL REGULATION AFFECTING THE.DEPOSIT AUTHORIZED SIGNATURE
OPS-1(05/09)
CITY OF FRESNO PARKING
2600 FRESNO ST
FRESNO, CA 9.3.721 C1IY v lF1k�U`ir{aS1NG
559-621-8803 dW RLS")SS
490• fn!W21
553•f df AW
Merchant ID: 1910130319602
Phone Order- Me,chap [U: 191013 1319 6 02
Sale
xxxo ux. 0165
VISA Entry Method, Manual ti.ggJ04.112IN
total; $ 234,204.25
V1Sfl Ectr'y Method; Sniped
� 65.000.00
12/45/14 11:17:35 Total',
Ind: 000001 Oppr Code; 020622 18;49,13
1243/14 App,•Code; 024011
Opprvd; Online BAN: 000365 Invb; 000009
CUV2 Code: MRICH MBatch', 400363
Appry Online
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THANK YOW AGAIN,
COME AGAIN! COME A