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HomeMy WebLinkAboutT-5271 - Cashier Memo - 10/18/2006 City of i r I.V PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division (� a --, Land Division & Engineering Section ll L'7--7-e7c= DATE: October 5, 2006 OCT 1 2 2006 TO: ROSE SALDIVAR, Senior Account Clark = -' Public Works Department, Engineering Administration -� - - FROM: ALAN KAWAKAMI, Chief Engineering Technician Development Department, Building &Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 52711UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5271/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5271/UGM. 2. A Copper River Custom Lots, LLC, company credit card in the amount of $ 207,688.13 representing total fees and charges due final map as noted of page 4 of 4 of the itemized Exhibit"B" at the rear of subdivision agreement. 3. A California Bank's Certificate of Deposit ( Account No. 1340016683) in the amount of $45,000.00,which represents the five percent Performance Security, as noted on page 1, of Exhibit "A' at the rear of said subdivision agreement. 7 4. A California Bank's Certificate of Deposit ( Account No. 134001 83) in the amount of $ 19,000.00, which represents the deposit per Monument Deferral Agreement letter, as noted. 5. City's Faithful Performance Bond in the amount of$ 846,000.00 6. City's Subdivider's Payment Bond in the amount of$445,500.00 Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8070. Respectfully - w Finance Control No. City of Fresno Security Deposit Form To: Finance Department -Accounting Division From: Rose Saldivar- Public Works Department CD X Passbook Other Letter Agreement Deposited At: California Bank Certificate/Acct. No: 1340016783 Deposit Amount: $19,000.00 Maturity Date: 10/06/07 Depositor: Name: Copper River Custom Lots, Inc Address: 1396 W Herndon Street, Ste 101, Fresno, Ca 93711 street City/State Zip Job Address: Tract 5271/UGM Received By: Rose Saldivar, Public Works Engineering Date: 10/09/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip W AUTOMATICALLY RENEWABLE Q C B CALIFORNIA BANK U T4uar TRUST 5:nn p. Y ISSUED AT OFFICE DATE Fresno Main 134 Fresno Ca 10-6-06 lz W (CITY OR TOWN) (STATE) W 0 Farid, Farshid, Darius Assemi & The City Of Fresno T-5271 Monumentation 1340016781 UO (CUSTOMER NAME) (CUSTOMER NUMBER) _ Nineteen Thousand Dollars & no/100's ********************** DOLLARS $ 19,000.00**** a HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO Farld,Farshld,Dar1US ASsemi & The Cl ORDERWIGfRAITY m y AS HEREINAFTER SPECIFIED AND UPON PRESENTATIQII,ANjl Sb NDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. THE MATURITY OF THIS CERTIFICATE WILL BE JLV-�-- AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS 0. O Z 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 Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR .3.UMT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF •3 bb %PER ANNUM rr FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL 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 BANK. THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE 1 � Account Number: 1340016783 Security Amount: ASSIGNMENT (Subdivision Agreement) SECURITY FOR: Farid Farshid Darius Assemi Hereinafter called ASSIGNOR,whose principal place of business is 1396 W.Herndon#101,Fresno CA 93711 do(does)hereby assign,and set over to the City of Fresno of the State of California,all right, title,and interest of whatever nature,of assignor,in and to the insured account of assignor in the CITY OF FRESNO,evidenced by CERTIFICATE OF DEPOSIT in the amount of $19,000.00 number 1340016783 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment caries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation,and includes and gives the right to the City of Fresno to redeem,collect,and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for T5271 Monumentation— 1 year including interest and penalties,and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above named Bank of the assignment. Dated this 6t' day of October _2006 Farid Farshid Darius Assemi By: Darius Assemi RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance,hold,claim or obligation of the above identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this 6t' day of October,2006 California Bank&Trust, 7060 N.Fresno Street Fresno,CA 93720 Bank Name Branch Location City State By e IZIje- Name Title of Officer J; Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Improvement Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 568895S Deposit Amount: $445,500.00 Maturity Date: Depositor: Name: Copper River Custom Lots, Inc Address: 1396 W Hemdon Street, Ste 101, Fresno, Ca 93711 Street City/State Zip Job Address: Tract 5271/UGM Received By: Rose Saldivar, Public Works Engineering Date: 10/09/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Band No.;568895S 6V60 tr=0H IMPROVEMENT PAYMEW BOND Whereas the City Council of the City of Fresno,State of California,and COPPER RIVER CUSTOM LOTS INC. ("prindpal") hav:entered or will be entering into on 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. 5271 is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is Mulred before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Fresno ("City'?to semurt 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 Callf0mla. Now,therefore,the principal and DLYE!OPERS S!iRETY AND INDEMNITY COMPANY ,as corporate surety,are held firmly bound unto the City and all contractors,subcontractors,laborers, mat+erialmen,and other persons employed in the pas lot,i ante of the agreement and referred to In Title 15 (commencing with Section$082)of Part 4 of Division 3 of the Civil Code in the sum of OUR HUNDRED FQBTY.FIVE THOUSAND FIVE HUNDRED dollars ($445,500.00 ),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. R Is hereby expressly stipulated and agreed that this bond shall Inure to the benefit of any and all persons,companies,and corporations entltled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Avil Code,so as to give a right of action to them or their assigns In any suit brought upon this bond. Should tete condition of this bond be fully performed,then this obligation shall became 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 duty executed by the principal and surety above named, on QCTQBER 2 12006 Principal. CUSTOM I S,IN . By: (Principal) surety: RETY AIND ITY COMPANY By: (surety) WAYNE LAMB,A ORN -IN-FACT City of Fresno Subdivision Bonds.max CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On OCTOBER 2,2006 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC , Name and Title of Officer(e.g.,"Jane Doe,Notary Public personally appeared WAYNE LAMB Name(s)of Signer(s) ® 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 CYNTHIA SAUCEDA his/her/their authorized capacity(ies), and that by his/her/their COMM.#1474102 signature(s) on the instrument the person(s), or the entity upon NOTAR �O �RNIA N NOTARY behalf of which the person(s) acted, executed the instrument. My Comm.E%p.Mud 2,2008 N-'-:SS my nd and offi 'a seal. ature of Notary Public __----------------------------------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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-Ej Limited El General ❑ Partner-❑ Limited ❑ General ® Attomey-in-t=act ❑ Attorney-in-t=act ❑ Trustee ❑ Trustee .. ❑ Guardian or Conservator • • - ❑ Guardian or Conservator • ❑ Other: Top of Thumb here ❑ Other: TO of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 a ; 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 except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowlodgc,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-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 Attomey(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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: 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 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 corporation 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 Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. By: •• ••..nnn..,."' �N,pAN Y pc David H.Rhodes,Executive Vice-President . p., F'y, PO =cyJ...4O(lP0R,4 s�'y'•. �GCOP Rq�c" OCT.5 W I .0Z us 1.967 Za By: =o� i 19 Walter A.Crowell,Secretary /FOPS '',.,0 •"'*,. 1',00• �a��•um.nna••• STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, 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/shelthey 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. WITNESS my hand and official seal. GINA L.GARNER COMM.# 1569561 Signature (SEAL) WTAW PUBUC CAUFORNIA _637zaORANGE COUNTY t011Ntt a 13.20M 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. This Certificate is executed in the City of Irvine,California,the 2ND day of OCTOBER , 2006 By_ Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of } Qzy)n On 1OL before me, &MV u SCuZQ , nb+n TY PNR rG , Date /Name and Title of Officer(e.g.,"Jane Doe,N ry Public') personally appeared Dari LLL CQSzow1 r, , Name(s)of Signer(s) [;?'personally known to me ❑ 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 MAID t SOUZA he/she/they executed the same in his/her/their Conxnlason#1552159 authorized capacity(ies), and that by his/her/their Notary Puac-CaNtbmlo signature(s) on the instrument the person(s), or the ROM CSV entity upon behalf of which the person(s) acted, lip'MyCormn.Expkw Fab 12, executed the instrument. WITNESS my hand d official seal. Place Notary Seal Above (�A I I A Signature of Notary P is 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Tttle(s): ❑ Corporate Officer—Tttle(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—O Limited ❑General ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact fiv' ❑ Trustee . P Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Cell Toll-Free 1-800.876627 I ri Finance Control No. City of Fresno Security Deposit Form To: Finance Department-Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Improvement Performance Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 568895S Deposit Amount: $846,000.00 Maturity Date: Depositor: Name: Copper River Custom Lots, Inc Address: 1396 W Hemdon Street, Ste 101, Fresno, Ca 93711 Street city/State Zip Job Address: Tract 5271/UGM Received By: Rose Saldivar, Public Works Engineering Date: 10/09/06 Authorization to Release Signature Date Release To: Name: Address: Street city/State Zip ten• Rx" s„ , p i 21 OEM IN Z Bond No.•568895S SUBDIV>MN IMPROVEMENT PERFORMANCE BOND Whereas the City Council of the City of Fresno,State of California, and COPPER RIVER CUSTOM LOTS, INC. ("prIncipat'7 will be entering Into an agreement whereby principal agrees to install and complete certaln designated public improvements,which said agreement,Identified as Subdivision Agreement br the Final Map of Tract No.5271 ,Is hereby referred to and made a part hereof; and Whereas,principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefore,we,the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY as surety,are held and firmly bound unto the City of Fresno("City'"),In the penal sum of EIGHT HUNDRED FORTY SIX THOUSAND dollars($ 846,000.00 ) 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 iso 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 indemnity and save harmless City,Its officers,agents and employees, as therein stipulated, then this obligation shall become null and vold; 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, them shalt be Included costs and reasonable expenses and fixes,including reasonable attorney's fees,Incurred by City in successNily 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 spedfications 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 wo*or to the specifications. In witness whereof this Instrument has been duly executed by the principal and surety above named,on OCTOBEk 2 2006 Principal:COPPER RIVER CUSTOM LOTS INC. ay: (Principal) Surety: DE ERS SU A INDEMNITY COMPANY By: (sur WAYNE7MBZO4EY-,vN-FACT City of Fresno Subdivision Bonds.max CALIFbRNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On OCTOBER 2,2006 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared WAYNE LAMB Names)of Signers) ® 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 w CYNTHIA SAUCEDA acknowledged to me that he/she/they executed the same in COMM.#1474102 N his/her/their authorized capacity(ies), and that by his/her/their y NOTARY PMUC-CAUFORNIA w signature(s) on the instrument the person(s), or the entity upon FRESNO COUNTY behalf of which the person(s) acted, executed the instrument. My Comm.Exp.Mach 2,2008 ESS m h nd and ocia seal. I ioda, ature of Notary Public ...__. _----....----................. OP ONAL----------------------------------------- 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(s) Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited 0 General ❑ Partner-❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee = ❑ Trustee ❑ Guardian or Conservator . - ❑ Guardian or Conservator - • ❑ Other: Top of Thumb Here ❑ Other: Top of Thumb Here Signer Is Representing: Signer Is Representing: BD-1133 09/00 S S 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 except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: 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 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 corporation 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 Executive Vice President and attested by their respective Secretary this I st day of December, 2005. •.aau..u.... By: C� •••ooai AND��;� � MP AN Y O David H.Rhodes,Executive Vice-President 9 . F p0 PPO C) OCT.5 C6 10 n W 1967 By ;oma 1936 ;:0 a�P a2 Walter A.Crowell,Secretary y7�O SOW p••,.*baa,` /FOP STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, 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 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. WITNESS my hand and official seal. GINA L.GARNER COMM.#1569561 Signature (SEAL) NOTA PUBLIC CALIFORNIA ORANGE COUNTY MY corrin• 13,2009 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. This Certificate is executed in the City of Irvine,California,the 2ND day of O _TOA .R 2006 By Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r County of r('2 Y1 D ss. On I C- 0-6(p before me, i km6r Sou"LQ, fln+ACy ?L4 61 , Date //�� Name and Title of Officer(e.g.,'Jane Doe,Nota Public") personally appeared Qac �►% oLss mi , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their MAR SOUZA authorized capacity(ies), and that by his/her/their convi, 1552159 signature(s) on the instrument the person(s), or the Howy PJAC-Calloff>fo entity upon behalf of which the person(s) acted,Ffemccu* 110,MVCmillimes" Feb 12, executed the instrument. WITNESS my hand and official Place Notary Seal AboveLJ10,:Dek Signature of Notary Public 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General 111H NOW ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact ' . EJ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-800-876-6927 Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD X Passbook Other Deposited At: California Bank Certificate/Acct. No: 1340016683 Deposit Amount: $45,000.00 Maturity Date: 9/29/07 Depositor: Name: Copper River Custom Lots, Inc Address: 1396 W Hemdon Street, Ste 101, Fresno, Ca 93711 Street city/State Zip Job Address: Tract 5271/UGM Received By: Rose Saldivar, Public Works Engineering Date: 10/09/06 Authorization to Release Signature Date Release To: Name: Address: Street city/State Zip lig `;g W AUTOMATICALLY RENEWABLE CALIFORNIA BANK U Teus[ TRUST r Fresno Main Br 134 Fresno Ca 9-29-06 ISSUED AT OFFICE DATE _ (CITY DR TOWN) (STATE) W a Farid, Farshid, Darius Assemi & The City Of Fresno T-5271 1340016683 VCj (CUSTOMER NAME ****************** (CUS*OMER NUMBER) 45,000.00**** V Forty Five Thousand Dollars & no/100's******************4j� DOLLARS $ z 4c !- Farid,Farshid,Darius Assemi & The City Of Fresno m HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO R ORDER UPON MATURITY Q (p AS HEREINAFTER SPECIFIED AND UPON PRESENTATIOI�MND�LL�7 Sr L1610JER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. /e O THE MATURITY OF THIS CERTIFICATE WILL BE 77-- vV AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS w Z 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 Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR CM. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF %PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL 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 BANK. THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT ILA 11)ak<11 NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. vAUTHORIZED SIGNATURE Account Number: 1340016683 Security Amount: ASSIGNMENT (Subdivision Agreement) SECURITY FOR: Farid Farshid Darius Assemi Hereinafter called ASSIGNOR,whose principal place of business is 1396 W.Herndon#101,Fresno CA 93711 do(does)hereby assign,and set over to the City of Fresno of the State of California,all right, title, and interest of whatever nature,of assignor, in and to the insured account of assignor in the CITY OF FRESNO,evidenced by CERTIFICATE OF DEPOSIT in the amount of $45,000.00 number 1340016683 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment caries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation,and includes and gives the right to the City of Fresno to redeem,collect,and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for T5271 Performance Security— 1 year including interest and penalties,and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above named Bank of the assignment. Dated this 29"' day of September ,2006 Farid Farshid Darius Assemi By: Derek Hayashi,CFO RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance,hold,claim or obligation of the above identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. 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