HomeMy WebLinkAboutT-5273 - Cashier Memo - 7/18/2013 c"Y MEMORANDUM
PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: July 18, 2013
TO: BETH REUSCH
Public Works Department
FROM: JONATHAN BARTEL
Public Works Department
SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5273
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$316,000.00
2. Payment Bond in the amount of $166,500.00
3. Certificate of Deposit in the amount of $17,000.00 (California Bank &Trust)
4. Copy of Credit Card Receipt in the amount of$170,333.02
5. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan artel
City MEMORANDUM
ru:_. .gr-
PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721
DATE: May 29, 2013
TO: LORI NAJERA _-
Personnel Services Department -
fV >c
FROM:
FROM: JONATHAN BARTEL
Public Works Department x `mrn
3 '
tri
SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5273
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: $316,000.00
2. Payment Bond in the amount of: $166,500.00
If you have any questions, please contact me at 621-8684.
Thank you,
Jonathan Bartel
Bond No.: 784172S
Premium: $3,160.00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
Highland E LLC a California Limited Liability Company
("principal") will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements,which said agreement, identified as
Subdivision Agreement for the Final Map of Tract No. 5273 is hereby referred to
and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore, we, the principal
and Developers Surety and Indemnity Company , as surety, are held and firmly
bound unto the City of Fresno("City"), in the penal sum of
Three Hundred Sixteent Thousand and 00/100 dollars ($ 316,000.00 y
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 May 6 2013
Princip . i land E L
By: r r �41��a6e,
in al
SurDevel er Suretyd IndemnityCompany
By -=a ( '�i � f(od —
(Sure ) Cynthia Sauce a,Attorney-in-Fact
: 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of FRESNO
On May 6, 2013 before me, KIMBERLY WILSON, NOTARY PUBLIC, personally appeared
Cynthia Sauceda, 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 the PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
KIMB R1_Y WILSo WITNESS my hand and official seal.
COMM.#1885445
�q?OTARY PUBLIC-CALIFOQIA ]
ty + ?
FRESNO COUNTY
�. NMy Comm.E�. A01 14,2014
Si ature of N ary
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
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
CA-1CW 24(7/00)
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:
"'Kyle Wilson, Cynthia Sauceda, Donna M Smith, DeAnna Slater, Gary E. Richards, Wayne Lamb,jointly or severally—
as their true and lawful Aftomey(s)-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 Attorney(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 Aftorney(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 attomey(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,Ihat 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 October 41h,2011.
Daniel Young,Senior Vice-President v g°� .......R,,., �% GO PO r
or�''•:,yy O� ,q'lT C'
OCT. ; F 2V Q9r
y 10 ri_ OCT, TO
B : uo 1967
Steve A.Tvedl,Vice-President ?�j�:, 1 9 36
State of California
County of Orange
On- October 4,2011 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Steve A.Tvedt
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/herltheir authorized
ANTONIO AL.VARADO IL capacity(ies),and that by hislhedtheir signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
COMM-M 1960643
SNOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
0ORANGE COUNTY r" true and correct.
My comm,expires Aug.9,2013
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 isexecutedin the City of Irvine,California,this 6th day of May 2013 .
By:
Gregg Okur , istant Secretary
ID-1360(Rev.10/11)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
�".�tu�`.ci[..i�.e:arir•.Ec..�,�.,E=:�,r:Yti�(..�;e'..t�[�. ., - a -. :��.5:� ,c�M.�F` ,�, .e�es>cr:f>... .._.-_ .-:
State of California
County of ] I Q
On ' before me, l �C la � � "y
Date Here Insert Nauria and Tille of th�
personally appeared
t• P7ame(s)of Signer(s)
who proved to me on the basis of satisfactory
1, evidence to be the person(%}-whose name,(s) is/are
subscribed to the within instrument and acknowledged
to me that he/sk�y executed the same in
his/herftheir' authorized capacity4as), and that by 61
his/her/ttt�ir signature�.$) on the instrument the
TARILCELE -CALIFORTE GARCIA person(s), or the entity upon behalf of which the
NOTARY PUBLIC-CALIFORNIA � p �� ty p �i
COMMISSION#1986538 person(,%) acted, executed the instrument.
�{ FRESNO COUNTY
My Comm.Exp.July 29,2018
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.
i
Signature: �
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document 3131
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)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
Individual ❑ Individual
J Partner — l_1 iLimited ❑GeneralTap of thumb here F1Partner —J Limited ❑ General Tap of thumb here
L_1 Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
17 Guardian or Conservator ❑Guardian or Conservator
1 Other: C7 Other:
FSigner Is Representing: Signer Is Representing:
�c„�;<.'����a��.' .o�K=��=c.�e.�-:�,��=w��,<%c,w��;-s:"�-v~�,:�.~�c. � �:c=•c^�=`.�,u^r-�oY�c;��^u =�Y.�,�rr�,
C 2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item x5907
4
Bond No.: 784172S
Premium: Included
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresna,State of California, and
Highland E LLC, a California Limited Liability Company
("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. 5273 is
hereby referred to and made a part hereof;and
Whereas, under the terms of the agreement, the principal is required before entering
upon the performance of the work,to file a good and sufficient payment bond with the City
of Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the CIVIL Code of the State of California.
Now, therefore, the principal and
Develoers 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 Hundred Sixty Six Thousand, Five Hundred and 00/100 dollars
($ 166 500.00 ), 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.
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 May 6 2013
Princip i land E LLC
By: �.
(Principal)
Sure evel6pers surety and Vdemnity Company
By:
Surety)
Cynthia Sauceda, Attorney-in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of FRESNO
On May 6, 2013 before me, KIMBERLY WILSON,NOTARY PUBLIC, personally appeared
Cynthia Sauceda, 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 the 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..
yP�SF.r:.F IBERLY WILSQ
-. I COMM.#1885445 cn
NOTARY PUBLIC
•CALIFORNIA
FRESNO COUNTY
My Comm. Exp. April 10,2014
Si atui of Notary
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
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CA-ICW 24(7/00)
i ■
POWER OF ATTORNEY FOR
DEVELOPERS SURETYAND 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:
"'Kyle Wilson, Cynthia Sauceda, Donna M Smith, DeAnna Slater, Gary E. Richards, Wayne Lamb,jointly or severally—
as their true and lawful Attorney(s)-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 Altomey(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 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,Execufive 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 attomey(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 October 4th,2011,
[D6.
By. Af1t)%.. KpAN y
Daniel Young,Senior Vice-President ;���;.� p p q� 6 �OOO�po O
OCT.
S Z OCT.5
1936 enc 2 1967 a
Steve A.Tvedt,Vice President /oW .•°`a� � �,� \a\P�Z
,,dp •...,,,,.,.. �� : 4/FOP
State of California
County of Orange
On October 4,2011 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared _ Daniel Young and Steve A.Tvedt
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/her/their authorized
ANTONIO ALVARADO ` capacity(ies),and that by hismer/their signature(s)on the instrument the person(s),or the entity upon behalf of
• which the person(s)acted,executed the instrument.
a COMM.# 1860643
" NOTARY PUBLIC CALIFORNIA.�
`r I cert fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Cpa1t ORANGE COUNTY "` true and correct.
My comm.expires Aug.9,2019
WITNESS my hand and official seal.
Place Notary Seal Above Signature 644.61/0._
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 isexecutedIn the City of Irvine,California,this 6th day of May 2013 .
By: '(r
Gregg Okur , stant Secretary
ID-1380(Rev.10/11)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
State of California
yl
County of � I
On "� _ — before me,
Date Here Insett Name andstlT a of the Officer
personally appeared
Name(s)of Signer(s)
I
f
who proved to me on the basis of satisfactory
evidence to be the person(s) whose names) is/are
A subscribed to the within instrument and acknowledged
to me that he/eh&trey executed the same in
his/hef4l;t r authorized capacity,(.ies), and that by
his/herfth6iir signature(&) on the instrument the
•�
A
PRIL CELESTE GARCIA person(s); or the entity upon behalf of which the
NOTARY PUBLIC-CALIFORNIAf
COMMISSION#1886538 P person(s) acted, executed the instrument.
FRESNO COUNTY
. My Comm.Exp.July 29,2016 J
I certify under PENALTY OF PERJURY under the
4
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
)
fi Signature: t �
(� Place Notary Seal Above OPTIONAL Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document i
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)
Signer's Name: Signer's Name: ?
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Individual _ ❑Individual
El Partner —(=i Limited General Top of thumb here ❑ Partner —F l Limited General Top of thumb here X
❑ Attorney in Fact Cl,Attorney in Fact
Trustee ❑Trustee
El Guardian or Conservator ❑Guardian or Conservator
❑1 Other: 7 Other:
Signer Is Representing: Signer Is Representing:
as
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x;2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
W AUTOMATICALLY RENEWABLE
~ C B CALIFORNIA BANK
U TRUST TRUST
E
Y ISSUED AT FRESNO MAIN OFFICE FRESNO CA DATE 5/6/2013
W (CITY OR TOWN) (STATE)
W x
HIGHLAND E LLC 1340023423
UQ (CUSTOMER NAME) (CUSTOMER NUMBER)
} ***SEVENTEEN THOUSAND DOLLARS AND NO/100*********************"6LLARS $ **17,000.00***
F w
j HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK & TRUST PAYABLE TO CITY OF FRESNO OR ORDER UPON MATURITY
Q V) AS HEREINAFTER SPECIFIEDAND UPON PRESENTATIONAND SURRENDEROFTHIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE.
Q. F- THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE.AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
2
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
0 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
MATURITY DATE.THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT.
SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF % PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY.AS ABOVE PROVIDED.AND SUCH INTEREST WILL
I BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN ` T~�
INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS fff
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
OPS-1(05/09)
Account Number: 1340023423
Security Amount: $17,000.00
ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: HIGHLAND E, LLC
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
$17,000.00 number 1340023423 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 Tract 5273 Performance Security—Year Term _
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 6th day of May 12013
Highland E, LLC
a California Limited Liability Company
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.
Dated this 6TH day of May 2013
California Bank&Trust, 7060 N. Fresno Street Fresno CA 93720
Bank Name Branch Locatio ' ty State
By
Name Title of Officer
MARGIE HILLS — VP & BRANCH MANAGER
CITY OF FRESNO PARKING
2600 FRESNO ST RM 4064
FRESNO CA 93721
559 621-8815
541619101303196
Merchant ID: 1910130319601
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