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HomeMy WebLinkAboutT-5300 - Cashier Memo - 10/23/2006 City of PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: July 1.8, 2006 TO: ROSIE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: LU a eering Technician Development Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5300, Phase I of Vesting Tentative Map No. 5300/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5300/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5300/UGM. 2. A Generation Homes, Inc.company check in the amount of$ 166,233.17 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. Two United Security Bank Certificate of Deposit in the amounts of$ 84,000.00 and $ 3,000.00 whose sum of$ 87,000.00, of which represents the five percent Performance Security, as noted on page 1, of Exhibit "A' at the rear of said subdivision agreement. 4. City's Subdivision Improvement Performance Bond in the amount of $ 1,587,000.00 and an Increase Rider to the amount of $ 1,648,000.00 representing the revised 95% performance security as noted on page 1 of Exhibit "A" at the rear of said subdivision agreement. 5. City's Subdivision Improvement Payment Bond in the amount of $ 692,000.00 and an Increase Rider to the amount of $ 867,500.00 representing the revised 50% payment security as noted on page 1 of Exhibit "A" at the rear of said subdivision agreement. 6. The $50,000.00 Right-of-Way deposit required from the Addendum to Subdivision Agreement has been previously cashier with Public Works Right-of-Way Section. Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8074 Respectfully Louis Rocha FTPWMEMO.DOC 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: Insurance Company of the West Certificate/Acct. No: 2174927 Deposit Amount: $1,648,000.00 Maturity Date: Depositor: Name: Generation Homes Address: 1368 W Herndon Ste #103 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5300/UGM Received By: Rose Saldivar, Public Works Engineering Date: 7/18/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip INANCE USE C7NL�` . J ��ptIW;_i1R�• _ Name Date I1�ly h ` .,\eieed t yM { Name [Sate F 7� ,of�-iJellease: ; Maned, Hatict:Delivered. Date" Date= lkadl owledge-,,,>recelpt,,of l,tte�eb-o�rej referenced=instrr ment nture Cate Comments;. I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego,CA 92130-2045 P.O. Box 85563, San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No. 2174927 Premium $ 793.00 Description of Bond Subdivision Performance Bond Tract 5300 Know all men by these presents that we, Grove Partners, LLC, a California Limited Liability Company, Principal, Insurance Company of the West, Surety, in favor of City of Fresno, Obligee, do hereby,jointly and severally, change the penal amount of this bond from One Million Five Hundred Eight Seven Thousand and NO/100************ dollars ($ 1,587,000.00) to One Million Six Hundred Forty Eight Thousand and N0/100***************** dollars ($ 1,648,000.00), effective from the 7th day of June, 2006. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 27th day of June,2006. ACCEPTED: The above is hereby agreed and accepted: Grove partners,LLC,a California Limited Insurance mpany of the West Liability Company By: c.�' By: Just#Smit Att ney-In-Fact GN-1CW 180(8/00) STATE OF California COUNTYOF Fresno On 6? 70 before me, Roberta Voss, Notary Public (here insert name and title of the officer),personally appeared Justin Smit personally known to me(Kid tb4 A# lri ta§di )oto be the person(s)whose name(_;�i"** subscribed to the within instrument and acknowledged to me that haAkAO"f executed the same in hist"3l Nt"uthorized capacity(ft and that by his***W#Asignature(s)on the instrument the person(sj or the entity upon behalf of which the person(j acted, executed the instrument. WITNESS my hand and official seal. ROBERTA VOSS Signature (SEAL) = COMM #1632287 C.9 m NOTARY PUBLIC•CALIFORNIA • FRESNO COUNTY My Comm.Expires Jan.19,2010 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER.OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West;a Corporation duly organized under the laws of the State of California,. Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and.Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDLS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2105. 4�pOMMNYNR ��C _p�J�Y�O 3 +rA�►o��r� �4�� a O t G INSURANCE;COMPANY OF THE WEST 7 O o SEAL 4 ,r EXPLORER INSURANCE COMPANY w +."� 'ri ,• a $ INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of Califomia } County of San Diego ss. On June 5,2106 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jet&ey D.Sweeney,personally known tome to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY GOA: r r Ci��►. M!1't'rN0A111�N1 Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President,of the Company,together with the Secretary or any Assistant Secretary,are hereby authorizedto execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of ,h tnP 2006 Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask`for the Surety Division; Pl6w referto.the Power of Attomey Number,the above named individual(s)and details of the bond to.which the power is attached Forrinformation or filing claims;-please contaet:Surety Claims,.ICW Group, 11455 EIC-nmo Real,San Diego,CA 92130-2045 or:cali,(858)350-2400. Bond No.:2174927 Premium:$21,131.00 Subdivision Improvement Performance Bond Whereas, the City Council of the City of Fresno, State of California, and Grove Partners, 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. 5300, is hereby referred to and made a part hereof,and Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and Insurance Company of the West, as surety, are held and firmly bound unto the City of Fresno, ("City"), in the penal sum of One Million Five Hundred Eighty Seven Thousand and No/100($1,587,000.00) 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 herein 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, these 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 plans and 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 June 7,2006. PRINCIPAL: Grove Partners,LLC,a California Limited Liability Company I C5, C'�� zim" 14t By: SURETY: Insuranc C mpany of the West By: .iustin it—Attorney in Fact STATEOF California COUNTYOF Fresno On 6,(� /�� before me, Roberta Voss,Notary Public (hens insert name and We of the officer),personally appeared Justin Smit personally known to meo be the person( whose name(I�)ishita� subscribed to the within instrument and acknowledged to me that heAdwdftexecuted the same in hisljod&k authorized capacify(iaas and that by his/ mbeir signature*on the instrument the persor4*or the entity upon behalf of which the person( acted,executed the instrument. WITNESS my hand and official seal. / Q mROBERTA VOSS Signatu (SFA ) -- COMM. #1632287 —' NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY My Comm.Explres Jan.19,2010 This area Jar Oficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENnTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Fry On 6411*6 before me, c/J1wl potA i lain/,6AW4, ..f�r Date Name and Title of Oficer( .g.',"Jane Doe,14otary Public's personally appeared ,LO `�✓00� Name(s)of Signer(s) r J�personally known to me /❑ (or proved to me on the basis of satisfactory evidence) JEFFREY DI►VID KRUEGER commmsion#164sbt6b to be the person(s)whose name(s)is/are subscribed to the Nolay Public-cowa vo within instrument and acknowledged to me that FrOM he/she/they executed the same in his/her/their authorized INMCaern EF�b1�'�D1 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. Place Notary Seal Above l OPTIAAL - Signat e o otary Public OPT/ Though the information below is not required by law, it may prove valuable to persons he document and could prevent fraudulent removal and reattachment of this form to ano er 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: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General . _ Partner — Limited [I General _ F] Attorney in Fact • El lAttorney in Fact ' Top of thumb here Top of thumb here El Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: 0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6627 No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company; a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDL9, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005. -�sy\�pYMMYa� \�gu�MC'�, A) �O.v INSURANCES COMPANY OF THE.WEST Npa�roMTEQr'-f. ��4O.TtP���1 8 x G EXPLORER INSURANCE COMPANY ff S l o oSEAL—lam! z INDEPENDENCE CASUALTY AND SURETY `lam a o COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego } ss. On.November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. "Mk FRA Fp�Ww F11F/a!L V � C� POT ' lL� Mmll c� -�� 9JW b1Ed0 EXPOW � M► 1 __G u � FEEBBRR Francis Fafaul,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date;execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of theofficers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing, or photocopying." CERTIFICATE I,the undersigned;Assistant Secretary of Insurance Company of the West,Explorer Insurance Company, and.Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect;and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have,set my hand this ? day of ,V hy — • JeffreyD.Sweeney,Assistant Secretary To verify,thaauthenticityofthisPowerofAttorney you:may:call 1=800-8471111:and:aslofortheSurety0ivision_ Pleas&referto,the•PowerofAttorney-Numbers, the.above named:individual(s)and details of the>bond,to whichthe-power is attached. For•information+or:fdingviaims:pleasecontowSuretyClaims�ICW.Groups. 11455 El Camino Real,Sen Diego;CA-.92130-2045 orcall(858)350-2400. 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: Insurance Company of the West Certificate/Acct. No: 2174927 Deposit Amount: $867,500.00 Maturity Date: Depositor: Name: Generation Homes Address: 1368 W Herndon Ste #103 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5300/UGM Received By: Rose Saldivar, Public Works Engineering Date: 7/18/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip T t rce Na�rre, pate, Name-: oats' .r ..off Rel6asw. t�iaued Harxteitverec! Date -Date I���awled je receipt-1ai thaf,abpve=referen,ce instt- peri :.. Sigatur+e:° gate Ciaents:�. I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY []INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No. 2174927 Premium S Included in Subdivision Payment Description of Bond Subdivision Payment Bond Tract 5300 Know all men by these presents that we, Grove Partners, LLC, a California Limited Liability Company, Principal, Insurance Company of the West, Surety, in favor of City of Fresno, Obligee, do hereby,jointly and severally, change the penal amount of this bond from Eight Hundred Thirty Five Thousand Five Hundred and NO/100******** dollars ($ 835,500.00****) to Eight Hundred Sixty Seven Thousand Five Hundred and NO/100**************** dollars ($867,500.00****), effective from the 7th day of June, 2006. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 27th day of June,2006. ACCEPTED: The above is hereby agreed and accepted: Grove Partners, LLC, a California Limited Insurance Company of the West Liability Company By: By: Justi it Atto 4y-In-Fact GN-ICW 180(8/00) l 1 a STATE OF California COUNTYOF Fresno On before me, Roberta Voss, Notary Public (here insert name and title of the officer),personally appeared Justin Smit personally known tome t tfs�>3dift")kto be the person(s)whose name(o i&1&*k subscribed to the within instrument and acknowledged to me that he/a1 f executed the same in hkJhblsftWL"uthodzed capacity(i", and that by his/N ffftignature(s)on the instrument the person(s#, or the entity upon behalf of which the person(!#acted, executed the instrument. WITNESS my hand and official seal. Signature ' (SEAL) Y9my ROBERTA VOSS COMM. #1632287 NOTARY PUBLIC•CALIFORNIA• FRESNO COUNTY Comm.Expires Jan.19,2010 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER.OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENnTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE I0-1232(REV.12/05) ALL-PURPOSE:ACKNOWLEDGEMENT No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California; Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDLS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this l st day of November,2005. a "1044rted' a p 4 >t INSURANCE COMPANY OF THE WEST O ,SEAL ; r •a EXPLORER INSURANCE COMPANY �`,a� a• 8 INDEPENDENCE CASUALTY AND SURETY COMPANY SlurowlM ��'oawM Tr ��� E i Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of Califomia } County of San Diego ss. On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on:the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. C nemseMAN MWVA�Al F'% v S1�ki1E8QC01�ini Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the.Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are. hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date;execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying," CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing-Power of Attorney is in full force and effect,and has not been revoked,and that the:above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full forcer IN WITNESS WHEREOF,I have set my hand this 27th day of Jude 2006 Cr/ Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney,you may call 1-800;877-1111 and:ask for the Surety Divisiow, Please refer to the Posner of Attorney Number,the'abovea named individual(s)and.details of the bond to which the poweris attached.'Fordirformatiom or filing,claims,,please contact-Surety,Claims,:ICV Group, 11455 E1 Camino- Real,San Diego,CA^92130-2045 or call(858)350-2400 Bond No.:2174927 Premium: included in performance Subdivision Improvement Payment Bond Whereas, the City Council of the City of Fresno, State of California, Grove Partners, LLC,a California Limited Liability Company, ("principal") have entered 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. 5300, is hereby referred to and made a part hereof,and Whereas, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("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,said principal and Insurance Company of the West,as corporate surety, are held firmly bound unto the City and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid 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 dollars Eight Hundred Thirty Five Thousand Five Hundred and No/100 ($835,500.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the 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 such 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 said agreement or the plans and 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 June 7,2006. PRINCIPAL: = •�-,/ Grove P rine LLC, California Limited Liability Company �y�..�„�7�.1/�FC,, �7jt�111 � By: WS6 SURETY: Insurance many of the West By (Seal) Justin S t-Attorney-In-Fact i s d i l f 1 i i i STATE OF Callfomla COUNTYOF Fresno ] On G 7 0�0 before me, Roberta Voss,Notary Public (here inseh name and title of the officer),personally appeared Justin Smit personalk known to me o be the personW whose nameX ism subscribed to the within instrument and acknowledged to me that hexecuted the same in him authorized capacrty(iazl,and that by hishKtLmv signatureo*on the instrument the person*or the entity upon behalf of which the person(*acted,executed the instrument. WITNESS my hand and official seal. ROBERTA VOSS (SEAQ) �• COMM. #1632287 Signa tu NOTARY PUBLIC.CALIFORNIA 4p, FRESNO COUNTY y Comm.Expires in.19,2010 -sPs� This area Jur Oficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ' ❑ OTHER: DATE OF DOCUMENT 1 f SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENMY(IES) ) SIGNER(S)OTHER THAN NAMED ABOVE i I tD-1232(REV.12105) ALL-PURPOSE ACKNOWLEDGEMENT I I J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ftifno On 16 _ before me, Date J D Name and Title of Offi r(e.g.,"Jane Doe otary Public") personally appeared Name(s)of Signer(s) /personally known to me ❑ (or proved to me on the basis of satisfactory evidence) JEFFREY DAVID KRllM to be the person(s)whose name(s)is/are subscribed to the Tacom s 1645666 within instrument and acknowledged to me that N.01 pubbc-CCdil" - he/she/they executed the same in his/her/their authorized FiIGM Coulrr Y capacity(ies), and that by his/her/their signature(s) on the MVCcnwL6apMF6b142Q1 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ign ure otary Publ' OPTIO AL / Though the information below is not required by law, it may prove valuable to persons re g 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) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact El Trustee [I Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: m 2006 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal;and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. In witness whereof;the Companies have caused these presents to be executed by its duly authorized officers this Ist day of November,2005. UIRMA y Mvo°o INSURANCE COMPANY OF THE WEST 4- EXPLORER INSURANCE COMPANY 00 SEAL $ s INDEPENDENCE CASUALTY AND SURETY '� ,.+R' ��'aie+►'��t a 8 COMPANY E Jeffrey D.Sweeney,Assistant Secretary John.L.Hannum,Executive Vice President State of California } ss. County of San Diego On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum,and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and aclmowledged to me that they executed the same in their authorized capacities,and'. that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. FRANCIS FAFAUL MD�#14717N t 9AN � Francis Fafaul,Notary Public RESOLUTIONS' This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior rVice President of the Company, together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and suretybonds,undertakings,and other similar contracts of suretyship,and any related documents, RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company;may be facsimile representations of thosesignatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the-undersigned,Assistant:Secretary of Insurance Company of the West,Explorer InsuranceCompany,andIndependence Casualty,and.Surety Company,do.- hereby certify that the foregoing Power of Attorney is in full force and effect,and has-not,been>revoked,and that the above resolutions were duly:adopted:by the., respective Boards of Directors of:the Companies,and are now e. ��in full force. IN WITNESS WHEREOF,I have set my hand this 1 T ,l'. day of, �✓`�`�" Jefirey,D.'Sweeney,Assistant-Secretary To verify the authenticity of this Power of Attomey you may ca11:1-80047?=I I I I'and.ask for the�Surety,Division. Please:refer to the Power of Attomey Number, the above named individual(s)and details of the bond to which`the.power is attached..For:information or.filing,claims,please:contact Surety Claims;ICW.Group, 11455 E1 Camino Real,San Diego,CA 92130-2045'orcall(858)350-2400. tt 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: United Security Bank Certificate/Acct. No: 2311761 Deposit Amount: $84,000.00 Maturity Date: 09/06/06 Depositor: Name: Generation Homes Address: 1368 W Herndon Ste #103 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5300/UGM Received By: Rose Saldivar, Public Works Engineering Date: 7/18/06 Authorization to Release Signature Date Release To: Name: Address: tteeStreet �!Mw City/State Zip 0 f.' ITl9� Date R'�eesedkBy„ .,. Name: Date-; e of NBnd >bliret�d ate cam.. E E.z i t �re, Vqf tkh ai teen �e ins Pt I t�J D Date Tax Opened: 06/08/2006 Term: 90 Days ID:20-1685764 Number: 230244 Certificate of Deposit Account Number: 2311761 Dollar Amount of Deposit: E'ghty-four Thousand Dollars And No Cents $84000.00 This Time Deposit is Issued to: Issuer: UNITED SECURITY BANK THE CITY OF FRESNO AND GROVE PARTNERS, LLC 7088 N FIRST TRACT 5300 FRESNO, CA 93720 1368 W HERNDON STE#103 FRESNO CA 93711 Not Negotiable-Not Transferable -Additional terms are below. By ROBERT MEDINA Additional Terms and Disclosures This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to Truth-in-Savings disclosure for those depositors entitled to one. There are additional terms and disclosures on page two of this form, some of open this account of$ 10,000.00 which explain or expand on those below. You should keep one copy of this form. ® you must maintain this minimum balance on a daily basis to earn the Maturity Date:This account matures 09/06/2006 annual percentage yield disclosed. (See below for renewal information.) Withdrawals of Interest: Interest ® accrued ❑ credited during a Rate Information: The interest rate for this account is 2.9800% term can be withdrawn: AT YOUR SELECTED INTEREST PAYMENT with an annual percentage yield of 3.02 %. This rate will be FREQUENCY paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal the business day you deposit any noncash item(for example, a check). that is otherwise not permitted you may have to pay a penalty. The Interest will be compounded DAILY penalty will be an amount equal to:ONE(1) MONTH'S Interest will be credited Monthly interest on the amount withdrawn. ® The annual percentage yield assumes that interest remains on deposit Renewal Policy: until maturity. A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically ® If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity. receive the accrued interest. IN Automatic Renewal: If checked, this account will. automatically The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew on the maturity date. other purpose is: 1 Interest IN will ❑ will not accrue after final maturity. ACCOUNT OWNERSHIP: You have requested BACKUP WITHHOLDING CERTIFICATIONS and intend the type of account marked below. TIN. 20-1685764 ❑ Individual ❑ Joint Account ® Taxpayer I.D. Number - The Taxpayer ❑ Exempt Recipients - I am an exempt ❑ Joint-Husband and Wife(with right of survivorship) Identification Number shown above (TIN) is recipient under the Internal Revenue Service ❑ Community Property-Husband and Wife my correct taxpayer identification number. Regulations. ❑ Tenancy in Common ® Backup Withholding - I am not subject A provision for my signature, certifying the statements ❑ Trust: Separate Agreement Dated to backup withholding either because I have cchh�ed�lhtiis of Jand that I am a U.S. not been notified that I am subject to backup ® person (including a U.S. resident alien), is withholding as a result of a failure to report contained on the first copy of this all interest or dividends, or the Internal certificate. Revenue Service has notified me that I am no ❑ Totten Trust or ❑ Pay on Death longer subject to backup withholding. Designation as defined in this agreement (Beneficiaries' names and addresses) ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL X. X. X )L4:)q5L4:bF 01993 Bankers Systems,Inc.,St.Cloud,MN Form CO-AA-u+z-CA(1) 6/112005 READ PAGE TWO FOR ADDITIONAL TEMIS, tpege�1 of 2) � s ZFINITIONS: "We," "our," and "us" mean the issuer of this ao6ount P.O.D. Account With Multiple Pardee -This account is owned by the d "you" and "your" mean the depositor(s). "Account" means named parties. Upon the dOA of any of them, ownership pastes w foe? iginal certificate of deposit as well as the deposit it evidences. survivor(s). Upon the death X all of them, ownership parses to the•named' pay-on-death payee(s).4� the P.O.D. Account is,with sip&patty UNSFER. "Transfw" means any change in ownership, =pleoge or multiple parties, if o peaces to mere than one bmeii666, toy Ihts, or survivorship rights, including(but not limited to)any such beneficiary may withOmw all or any port of the account balance. signment of this account as collateral. You cannot transfer this adcounl Totten Trust Account - (s.abject to this form) - If two or mime ot;.yottr ithout our written consent. create this account, you }awn the account jointly with ,survivotmhip. c Beneficiaries acquire the right to withdraw only if(1)all persons Mae* MARY AGREEMENT: You agree to keep your funds with us in this the account die, and (2) the beneficiary is then living. If two or male count until the maturity date. (An automatically renewable account beneficiaries are named and survive the death of all persons meaft tint atures at regular intervals.) You may not transfer this account withoui account, such beneficiaries will own this account in equal shares, without st obtaining our written consent. You must present this certificatewhe right of survivorship. Any such beneficiary may withdraw all or any pant lu request a withdrawal or a transfer. p of the account balance. The person(s) creating either of these account This account is void if the deposit is made by any methodtypes reserves the right to: (1) change beneficiaries; (2)change amount llection(such as a check)and the deposit is not immediately coil e0 types;and(3)withdraw all or part of the deposit at any time. ll.If the deposit is made or payable in a foreign currency, the amduat Trust Account Subject;to Separate Apeemsat - We will abide by e deposit will be adjusted to reflect final exchange into U.S.dollars. the terms of any separate agreement which clearly pertains to this acooamt We may change any term of this agreement. Rules governing change and which you file with us. Any additional consistent canna stated on this interest rates have been provided. For other changes we will give yo form will also apply. asonable notice in writing or by any other method permitted by law. If any notice is necessary, you all agree that the noticewill b SET-OFF: You each agreethat we may (without prior notice and when fficient if we mail it to the address listed on page one of this foral. Yor� permitted by law).set off the funds in,this account against any.due and ust notify us of any change. payable debt owed to us now or in the future, by any of you baying the right of withdrawal,to the extent of such persons or legal entity's right to MIDRAWALS AND TRANSFERS: Only those of you who stet ' withdraw. The amount of the set-off may be further limited by ale Irmanent signature card may withdraw binds from this accowdt. d law. If the debt arises front a note, 'any dire and payable debt' Includes Wopriate cases, a court appointed representative, a beneficiary of M the total amount of which we arc entitled to demand payment Under the ust or pay-on-death account whose right of withdrawal has matured, or a terms of the note at the time we set off,including any balance are doe daft .vly appointed and authorized representative of a legal entity may also for which we properly accelerate under the note.This right of set-oifdoet ithdraw from this account.)The specific number of you who must agmen not apply to this account it (a) It is an Individual Retirement Account at any withdrawal is written on page one in the section bearing die tits other tax-dderred retirement account, or (b) the debt is treated by a UMBER OF ENDORSENDITS. This means, for example, thatif consumer credit transaction under a credit card plan, or(c)the debtas'a you sign the signature card but only one endorsement is necessary right of withdrawal arises only in a tentative capacity. You agree to ithdrawal then either of you may request withdrawal of the hold us harmless from any claim arising as a result of our exercise of our .count at any time. Unless otherwise specified in writing, only onb right of set-of dorsement is required to withdraw flhnds from this account. I These same rules apply to define the names and the number of yo BALANCE COMPUTATION METHOD: We use the daily balance ho can request our consent to a transfer. method to calculate the interest on this account. This method applies a I daily periodic rate to the principal in the amount each day. LEDGES: Any pledge of this account(to which we have agreed)` rot be satisfied before the rights of any joint account suXvivo TRANSACTION LIM[DA TIONS: You cannot make additional daposfq ly-on-death beneficiary or tout account beneficiary become ePl v . to this account during a term (other than credited interest). Yoa carrot hr example, if one joint tenant pledges the account for payment of,a debt withdraw principal from this account without our content mops an.or, d then dies,the surviving joint tenant's rights in this account are s*eca atter maturity. (For accounts that automatically tonew, there ii a 81111101,-at to the payment of the debt. period after each renewal idate during which withdrawal& are permitnad without penalty.) WNERS>E V OF ACCOUNT AND BENEFICXARir In certain circumstances, such as the death or incompetence of an BSIGNATION: You intend these rules to apply to this udt account owner, the law permits, or in some cases requires, the waiver of pending on the form of ownership and beneficiary designation. f any, the early withdrawal penalty. Other exceptions may also apply. for ecified ona 1.We make ran peg representations as to the appropri4eneso example,if this is part of an IRA or other tax-defected savings plea. effect of the ownership and. beneficiary designations, except as they tetmine to whom we pay the account Nods. FOR ACCOUNTS THAT AUTOMATICALLY RB,NEW: Each Ltdividud Account -This account is issued to one person who renewal.term will be AUTOMATIC .beginning on ' It intend (merely by opening this account) to create any survivorshi the maturity date(unless we notify you, in writing, :hts in any other person. Joint Account -This account is owned'by before a mawrity data, med parties. Upon the death of any of them, ownership passes to of a different term for renewal). rvivor(s). Joint Account - of Husband and Wife With You must notify us in writing before,or within a�day grace t'vivotshlp - This account is owned by the named parties. w period after, the maturity date if you do not want this account ft► aband and wife,and is presumed to be their community property. Upo automatically renew. death of either of them, ownership passes to the survivor. Comm Interest earned during one term that is not withdrawn during or opeety Account of Husband and Wife - This account is immediately atter that tenor is added to ptinaipd for the renewal term. snmunity property of the named parties who are husband and wife. The rate for each renewal term will be determined by us on or just nnership during lifetime and after the death of a spouse is determined before the renewal date. You may call us on or shortly before the maturity law applicable to community property generally and may be affect date and we can tell you what the interest rate will be for the next renewal a will.Tenancy in Common Account -This account is owned by term. On accounts with terms of longe'than one month we will remind nod parties as tenants in common. Upon the death of any party, you in advance of the renewal and tell you when the rate will be known' neship interest of that patty lasses to the named pay-on-death payee( for the renewal period. that party,or, if none, to the estate of that party. P.O.D.Account with. ogle Panty-This account is owned by the named party. Upon the death that:party, ownership passes• to the namedpay-on-death payee(s). See your plan disclosure,if this account is parrof an IRr4 or Keogh. j tpW-2 of-21 1 ®1993 eaNnn System,Inc.,St Gaud,MN.Form CD-AA4AZ-CA-Wi 2ow Account Number: Security Amount: ASSIGNMENT //,,���,�,,, (S ubdivision Agreement) SECURITY FOR: ba& , l uc-.1 hereinafter called ASSIGNOR, whose principal place of business is IW W. Ntm"n #i v3 fit5no CA 931911 Street City State Zip Code 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 assi nor, in and to the insured account of assi nor in the _ Uf1� U n,h( �bC , evidenced by 0�' 4�f a amount of$9o�number which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries 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 ITHOUT NOTICE TO ASSIGNOR. This assignrrlent is given as security fpr liability for r including Brest and penalties, and to insure compli rice with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assignment. Dated this day of 201 Name 8, Title of Assignor RECEIPT F0- NOTICE':OF./#SSIGNM:ENT 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 day of�,�L ,ate , 20 Ck Bank Name- Branch Location City St f Name Title of Officer I Assignment Form Page 2 Tract No. 000 RECEIPT FOR CERTIFICATE OR SHARES) AND DIRECTION TO PAY EARNINGS Receipt is acknowledged of the above assignment and the Certificate of Share(s)identified in the above assignment. The bank named in the above assignment is hereby authorized and directed to pay any earnings on the above-identified account to the above-named assignor until otherwise notified in writing by the -Z of the City of Fresno. Dated this 21st day of July ' 2006 By Authorized Officer or Employe "il;e Tr.Lrri Assistant :Director of Public -lbrl:s 559 6218723 Telephone Number For any question concerning this assignment transaction, please call upon the office of the appropriate officer shown herein. PAYMENT OF FUNDS.AND RELEA-S:E OF:ASSI.GNMfNT The City of Fresno hereby requests payment to be made to the City of Fresno in the amount of$ from withdrawal of funds in that amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the City authorizes to release to Assignor all funds in the Deposit Account in excess of $ and relinquishes all further right, title and interest of whatever nature in the Deposit Account. Dated , 20 By. Authorized Officer or Employee 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: United Security Bank Certificate/Acct. No: 2311779 Deposit Amount: $3,000.00 Maturity Date: 09/06/06 Depositor: Name: Generation Homes Address: 1368 W Herndon Ste #103 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5300/UGM Received By: Rose Saldivar, Public Works Engineering Date: 7/18/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip t E 4 iarrte:: Date ea Mairrter, Date$ C�ISG, ,....t } .CteIt,V8i9d. � 4 y I � reiof the atvr�e��ncetnsttrr Date Tax Opened: 06/29/2006 Term: 90 Days ED:20-1685764 Number: 230244 Certificate of Deposit Account Number: 2311779 Dollar Amount of Deposit: Three Thousand Dollars And No Cents $3000.00 This Time Deposit is Issued to: Issuer: UNITED SECURITY BANK GROVE PARTNERS, LLC AND THE CITY OF FRESNO TRACT 5300 7088 N FIRST 1368 W HERNDON STE #103 FRESNO, CA 93720 FRESNO CA 93711 Not Negotiable-Not Transferable -Additional terms are below. By EDWARD GOME Z Additional Terms and Disclosures This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to Truth-in-Savings disclosure for those depositors entitled to one. There are additional terms and disclosures on page two of this form, some of open this account of$ 1,000.00 which this formPlain or expand on those below. You should keep one copy of K You must maintain this minimum balance on a daily basis to earn the Maturity Date:This account matures 09/27/2006 annual percentage yield disclosed. (See below for renewal information.) Withdrawals of Interest: Interest ® accrued ❑ credited during a Rate Information: The interest rate for this account is 2.9800% term can be withdrawn: AT YOUR SELECTED INTEREST PAYMENT with an annual percentage yield of 3.02%. This rate will be FREQUENCY paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal the business day you deposit any noncash item(for example,a check). that is otherwise not permitted you may have to pay a penalty. The Interest will be compounded DAILY penalty will be an amount equal to: ONE (1) MONTH'S Interest will be credited Monthly interest on the amount withdrawn. ® The annual percentage yield assumes that interest remains on deposit Renewal Policy: until maturity. A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically IN If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity. receive the accrued interest. ® Automatic Renewal: If checked, this account will automatically The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew on the maturity date. other purpose is: 1 Interest ® will ❑ will not accrue after final maturity. ACCOUNT OWNERSHIP: You have requested BACKUP WITHHOLDING CERTIFICATIONS and intend the type of account marked below. TIN. 20-1685764 ❑ Individual ❑ Joint Account ® Taxpayer I.D. Number - The Taxpayer ❑ Exempt Recipients - I am an exempt ❑ Joint- Husband and Wife(with riglao(survivorswp) Identification Number shown above (TIN) is recipient under the Internal Revenue Service ❑ CommunityPro Husband and Wife my correct taxpayer identification number. Regulations. Property A provision for my signature, certifying ❑ Tenancy in Common ® Backup Withholding - I am not subject under. penalty of perjury the statements ❑ Trust: Separate Agreement Dated to backup withholding either because I have checked in�y section and that I am a U.S. ® LLC not been notified that I am subject to backup person (including a U.S. resident alien), is withholding as a result of a failure to report contained on the first copy of this all interest or dividends, or the Internal certificate. Revenue Service has notified me that I am no ❑ Totten Trust or ❑ Pay on Death longer subject to backup withholding. Designation as defined in this agreement (Beneficiaries' names and addresses) ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL X. X X 01993 Banken Systems,Inc.,St.Cloud,MN Form CO-AA-LAZ-CA(1) 6/11/2005- READ PAGE TWO FOR,ADDITIONAL TERMS- (page.l of 21 hEFI NI'I'IONS: "We," lour," and I'm" mean the issuer'of this account P.O.D. Aocour d With Multiple Partin -This account is Diced by the ad "you" and "your" mean the depositor(s). "Account" mesas toe named parties. Upon the death of nay of tim ownership pestis to the p original certificate of deposit as well as the deposit it evidences. survivor(s).Upon the dean of all of them,ownership passes to the named pay-on-death payee(s). Wbether the P.O.D. Account is with single patty rRANSPER: "'Traaafdar" means aDpr change in ownership, witltdta or multiple patties, if ownbcahip passes to more than one be efldacy, any ights,or survivorship rights, including(but not limited to)any pledge r such beneficiary may withdraw all or any part of the account balance. alignment of this account as collateral. You cannot transfer this><cco Totten Trust Account -(subject to this � - If two or more of yon vithout our written consent. create this account, you; own the account jointly with vzvivon*. Beneficiaries acquire the might to withdraw only if(1)all; etoltiq %VdARY AGREEMENT: You agree to beep your Wads with m this the account die, and (2) the beneficiary is thea living. If two or mote mount until the maturity date. (An automatically renewable ia:outt beneficiaries are named and survive the death of all prions I do . Dolores at regular intervals.) You may not transfer this accoum withdut account, such beneficiaries will own this account in equal shares, witliout drat obtaining our written consent. You must present this certificate when right of survivorship. Any such beneficiary may withdraw all or any part Iou request a withdrawal or a transfer. ' of the account balance. 11m petsou(s) creating either of than account This account is void if the deposit is made by any methodtypes reserves the right to: (1) change beneficiaries; (2)change account collection(such as a check)and the deposit is not immediately coif types;and(3)withdraw all or part of the deposit at any time. W.If the deposit is made or payable in a foreign currency, the mount of Trwat Account Sd eat to Separate AVewmeot - We will abide by he deposit will be adjusted to refiecx final exchange into U.S.dollars. g the terms of any separategreenmet which sJacrly pertains to this account We may change any term of this agreement. Rules governing and which you file with us. Any additional consistent terms stated on this n interest rates have been provided. For other changes we will give you form will also apply. usonable notice in writing or by any other method permitted by law. If any notice is necessary, you all agree that the notice will be SET-OFF: You each agree that we may (without prior notice and when mffrcient if we mail it to the address listed on page one of this foam. You permitted by law) set off the Hinds in this account against ata due and mist notify us of any change. payable debt owed to us now or in the future, by any of you leaving the right of withdrawal,to the.extent of such person's or legal entity's right to WITHDRAWALS AND TRANSFERS: Only those of you who pilin t he withdraw.The amount of the set-off may be ilmher limited by applicable )ermanent signature card may withdraw Wnds from this accoWnt. Lw. If the debt arises freem.a note, 'any due and payable debt' includes appropriate cases, a court appointed representative, a benefid o a the total amount of which we am•entitled to demand payment under the rust or pay-on-death erecter whose tight of withdrawal has ma , o a terms of the note at the time we set aff,including uty balance the tine dace newly appointed and authorized representative of a legal entity y for which we properly accelerate under the note. This right of ast-off does withdraw from this account.)The specific number of you who agree not apply to this account It (a)it is an Individual Redmue t Account at 0 any withdrawal is written on page one in the section bearing rine tittle other rax-dehr ed retirement account, or (b) the debt is created by a NUMBER OF ENDORSEbER S. This means, for example, that ift: consumer coedit transaction under a credit card plan, or (c) the debtor's Df you sign the signature card but only one endorsement is necessary for right of withdrawal arises only in a representative capacity. You agree to withdrawal than either of you may request withdrawal of the entire hold us harmless from any claim arising ae a result of our exercise of our account at any time. Unless otherwise specified in writing, only tine right of set-off. emdonement is required to withdraw Hinds from this account. These same rules apply to define the names and the number of y,ou BALANCE COAGWATION METHOD: We use the dilly balance who can request our consent to a transfer. method to calculate the mierest on thin account. This metaod applies a daily periodic rate to the principal in the arrant and day. PLEDGES: Any pledge of this account (to which we have agreed), must first be satisfied before the rights of any joint account survivor, TRANSACTION LWrATIONS: You cannot make additional deposits pay-on-death beneficiary or trust account beneficiary become dfecd e. to this account during a item (other than credited berm). You:.cimot Por example, if one joint tenant pledges the account for payment of a dOt withdraw principal from ithis account wiWout our consent except one or rod then dies,the surviving joint tenant's rights in this account and subject after maturity. (For accounts that automatically renew, there is a grace. 9rat to the payment of the debt. period after each renewal date during which withdrawals are permhoed without penalty.) DWNERSHIP OF ACCOUNT AND BENEF�CIOY In Benin circumstances, such as the death or ineompetetce of an DESIGNATION: You intend these rules to apply to this areola account owner, the law permits, or in some cam requites, the waiver of lepending on the form of ownership and beneficiary designation, if ager, the early withdrawal penalty. Other exceptions may also apply, for specified on page 1. We maim no representations as to the appropriateness example,if this is part of an IRA or other tax-deferred savings plan. n effect of the ownership and beneficiary designations, except as tbey determine to whom we pay the account Wads. I FOR ACCOUNTS THAT AUTOMATICALLY R$NEW: Bach Individual Account -This account is issued to one person who d ns renewal term will be ,AUTOMATIC ,beginning on mot intend (merely by opening this account) to create an survivors rights in any other person. Joint Account -This account is owned by the maturity date(unless notify you,in writing,before a maturity dtMe. of a different term for renewal). aamed partial. Upon the death of any ofa them, ownership passes to You must noddy us in before,or within a ZENday grace anrvivor(s). Joint Account - of Husband anti Wire With lis �� Ihnrvivotshdp - This account is owned by the named parties, period after, the maturity date if you do not want this account to msband and wife,and is presumed to be their community properautomatically renew. he death of either of them.ownership passes to the survivor.CoInterest earned during one term that is not withdrawn du* or Nvperty Account of Huehand and Wife - This accounimmediately after that team is added to principal for she reoevtaal teem.ommunity property of the named parties who am husband and The rate for each renewal term will be determined by us an or JeW nwneship during lifetime and after the death of a spouse is deterdmined by befos the renewal data. You may call us an or shortly hse 6 a tlhemsteri<y, he law applicable to community property generally and may be data and we can tell you what the inteteat rate will be for the-neat reoaaaL ray a,will.Tenancy in Cdammon Account-'Ibis account is owned by he term. On accounts.with terra of longer than one month we will remint amed parties as tenants in common. Upon the death of any party, be yam-in advance of the renewal.and tell you.when the rate will be known m nership interest of that party penes,to the named pay-on-death pay s) for the renewal period. ►f that party,or, if none, to the estate,of that party. P.O.D.A000hmdi Nngl&Party,-This account is owned by the named.party. Upon this If that party, ownership-passm to the named:pay-on-death:pay a). Se&yarrpisn.disclosur&ifthb-SC oanbiaparrofan:IRkor.Keog4,. � roa.z~or-ti 01 M 80*Wa SWUM M I"Q,Sat Cloud,MMS Fpm CD AA-LAZ CA.8/11/ J ' Account Number: Security Amount: ASSIGNMENT (Subdivision Agreement) SECURITY FOR: 6roY�, "Ric-Nes I LII hereinafter called ASSIGNOR, whose principal place of business is (� nd #( o t -C1G5 n.a C,� 3?I 1 Street City State Zip Code do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title, and interest of whatever n ture of assignor, in and to the insure� accoun of assignor in the nfi , evidenced by ;'din the amount of$ 3,QW,- number which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries 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 assignm tis given as security for liab'lity for -frad -a,0_ Vt . including interest JM 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 this assignment. Dated this day of % , 20�. C, Name & Title bf Assignor RE E.PT AOR NOTICEraF ASSIGNNf NT 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- day of 20 IQ Coy Bank Nhme Branch Lo City State B Name Title of Officer- R Assignment Form Page 2 Parcel Map No. RECEIPT FORCERTIFICATE OR SHARE(S): AND DIRECTION,TO PAY EARNINGS Receipt is acknowledged of the above assignment and the Certificate of Share(s)identified in the above assignment. The bank named in the above assignment is hereby authorized and directed to pay any eamings on the above-identified account to the above-named assignor until otherwise notified in writing by the As-,t- Di regi-or of Pi,RI i r Whrkc of the City of Fresno. Dated this _21,--,t_day of jj,1v , 20 DL_ By A;b kjQ Authorized Officer or Employee r2i ke Kirn Assistant Director of Public 77orks g;9 621-8723 Telephone Number For any question concerning this assignment transaction, please call upon the office of the appropriate officer shown herein. % 'RAY ENT'Ot= FUIV[ AGN'© REI�EprSE 0. A 5{ N�VIENT The City of Fresno hereby requests payment to be made to the City of Fresno in the amount of$ from withdrawal of funds in that amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the City authorizes to release to Assignor all funds in the Deposit Account in excess of $ and relinquishes all further right,title and interest of whatever nature in the Deposit Account. Dated , 20 By Authorized Officer or Employee F p IL oo r` v ni (moi ri oo rn C� C, .- (v C 7 0 oc C O N O C O C O� O Oa M n n �O O h ('J C M Y 'n M Ic C Vr — h -It M (� N ^ Cn 7 M (� �p C 7 7 O - O� — Z C n C, — M 'n M — N 'o - "'. 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D t E> = O a o G Gal a F r d o CL a CD o CD Q W V �+ d T e V R O D m Lv, a m U 06 N n n n n n n n n n r r r r n n n n n n n n n n r r r C O o O C C O C C C C O N O � Q 0 LAO CD N Z O N W tp O N (n L Q M CIO Q t LL- cr- 0 Q. d Y oo N M ll M Y C 1 K r o0 2 n In - ! � � y ;S r N _ 104 � c p _d QJ ` _ G C O_ O_ C C O C G G C O C O C_ O C C_ O O C C O C_ O_ C c — G c c c o o O c c O o c c c c c c City of F I Rrmbaw-m-doir PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: July 18, 2006 TO: ROSIE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: LOUIS ROCHA, Senior Engineering Technician Development Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5300, Phase I of Vesting Tentative Map No. 5300/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5300/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5300/UGM. 2. A Generation Homes, Inc. company check in the amount of$ 166,233.17 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. Two United Security Bank Certificate of Deposit in the amounts of$ 84,000.00 and $ 3,000.00 whose sum of$ 87,000.00, of which represents the five percent Performance Security, as noted on page 1, of Exhibit"A' at the rear of said subdivision agreement. 4. City's Subdivision Improvement Performance Bond in the amount of $ 1,587,000.00 and an Increase Rider to the amount of $ 1,648,000.00 representing the revised 95% performance security as noted on page 1 of Exhibit "A" at the rear of said subdivision agreement. 5. City's Subdivision Improvement Payment Bond in the amount of $ 692,000.00 and an Increase Rider to the amount of $ 867,500.00 representing the revised 50% payment security as noted on page 1 of Exhibit "A" at the rear of said subdivision agreement. 6. The $50,000.00 Right-of-Way deposit required from the Addendum to Subdivision Agreement has been previously cashier with Public Works Right-of-Way Section. Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8074 Respectfully Louis Rocha FTPWMEMO.DOC 4 f d F . r TRANSM! ` BUILDING AND SAFETY SERVICES DIVISION LAND DIVISION AND ENGINEERING SECTION DATE: June 23, 2006 TO: Kerry Trost, Personnel Services Department/ Risk Management Division FROM: uis Rocha ; SUBJECT: REQUEST FOR BOND APPROVAL I Please review the Sure issuing the following Bonds for Final Ma Surety g g P Tract No. 5300, Phase I of vesting Tentative Map No.5300/UGM for the City's requirements. Is this Surety Company certified to do business in California and are the bonding amounts without limitations? Your consideration on this matter is appreciated. �k}t 1d Subdivision Improvement Performance Bond in the amount of: S 1.587.000.00 Subdivision Improvement Payment Bond in the amount of: $ 835.500.00 Please review the attached Bond(s),and notify me at 621-8074: t BY: June 30, 2006 ap ' t 1 4 c =K- Thank You, a h a5 C+J �• M O rn o 2 �P V a ri uI f~ ig AP ed hanges: w O 4 , r Slgne I1Mm4Wf3ondRevim.WPD city Of TRAN [ a � tii BUILDING AND SAFETY S DIVISION LAND DIVISION AND ENGINEE �JF fTRN Planning and 2006 JUL Development Department DATE: June 30, 2006 Nick P. Yovino TO: Kerry Trost, Director Personnel Services Department/ Risk Management Division FROM: SUBJECT: REQUEST FOR SURETY BOND INCREASE RIDER APPROVAL Public Utilities notified this office that all the underground utilities for all the off-site public improvements were omitted from the original bonding total of adjusted Engineer's Cost Estimate for Final Map Tract No. 5300. Please review the Surety Bond Increase or Decrease Penalty Rider the Subdivider elected to provide the City to satisfy the revised Subdivision Agreement bonding total now required of the final map. Your consideration on this matter is appreciated. Subdivision Improvement Performance Bond in the amount of. $ 1,648,000.00 Subdivision Improvement Payment Bond in the amount of: $ 867,500.00 Please review the attached Bond(s), and notify me at 621-8074: BY: July 10, 2006 Thank You, RISAMAGEMENT DIVISION APP �Bailding and SafetyApphanges: ..-r� 01 Services Division Sigrne Date Land Division and Engineering 2600 Fresno Street Third Floor Fresno, CA 93721-3604 /Memo/BondReview.WPD (559) 621-8003 FAX(559)488-1020 Generation Homes, Inc. CITYOFFRES City of Fresno DATE JNVOICE NO',, n ;DESCRIPTION _.. k COtyNT � ,_.� � ,.;lNVgICE AMOUNT, .,. 6-07-06 5300 SUBD AGR 5300 Subdivsion A 17-000-1420. 0 92381 .82 6-07-06 5300 SUBD AGR 5300 Subdivsion A 17-000-1420. 0 73851 .35 DATE CHECK 6-29-06 NUMBER CHECK 7264 TOTAL> 166233. 17 PLEASE DETACH AND RETAIN FOR YOUR RECORDS United Security Bank 2151 West Shaw Avenue Generation Homes,Inc. Fresno,CA 93711 1368 West Herndon#103 90-4149 Fresno, CA 93711 1211 (559)447-3080 DATE CHECK NO. AMOUNT June 29, 2006 7264 $****166,233.17 Pay: *********One hundred sixty-six thousand two hundred thirty-three dollars ************************************************************and 17 Cents PAY TO THE ORDER OF City Of Fresno 2600 Fresno Street � os�rL Fresno, CA 93721 �< F w 11'00000 7 2 6 411' 4 L 2 1 L4I L,95400 112 Lta Lt C3110 Generation Homes, Inc. CITYOFFRES City of Fresno DATE 1N1/OIGE'.NC3 6-07-06 5300 SUBD AGR 5300 Subdivsion A 17-000-1420.092381 .82 6-07-06 5300 SUBD AGR 5300 Subdivsion A 17-000-1420.OD 73851.35 ECK C' 6TOTAL> 166233.17DATENLIVIBER CHECK6-29-06 PLEASE DETACH AND RETAIN FOR YOUR RECORDS " United Security Bank 2151 West Shaw Avenue Generation Homes, Inc. Fresno,CA 93711 1368 West Herndon#103 90-4149 1211 Fresno, CA 93711 (559)447-3080 DATE CHECK NO. AMOUNT June 29, 2006 7264 $'***166,233.17 Pay: One hundred sixty-six thousand two hundred thirty-three dollars and 17 Cents PAY TO THE ORDER OF City Of Fresno 2600 Fresno Street Fresno, CA 93721 F S� NP Ila 00000 7 26411' 1: 12 1 14 149 51:00 L L 2484611' I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego,CA 92130-2045 P.O.Box 85563,San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No. 2174927 Premium $ 793.00 Description of Bond Subdivision Performance Bond Tract 5300 Know all men by these presents that we, Grove Partners, LLC, a California Limited Liability Company, Principal, Insurance Company of the West, Surety, in favor of City of Fresno, Obligee, do hereby,jointly and severally, change the penal amount of this bond from One Million Five Hundred Eight Seven Thousand and NO/100************ dollars ($ 1,587,000.00) to One Million Six Hundred Forty Eight Thousand and NO/100***************** dollars($ 1,648,000.00),effective from the 7th day of June,2006. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 27th day of June,2006. ACCEPTED: The above is hereby agreed and accepted: Grove partners,LLC,a California Limited Insurance mpany of the West Liability Company By: By: Just' Smit Att ney-In-Fact GN•ICW 180(8/00) STATE OF California COUNTY OF Fresno On 7 before me, Roberta Voss,Notary Public (here insert name and title of the officer),personally appeared Justin Smit personally known to me &*# t*ifsl9bW6*ddrft)4o be the person(s)whose name(,4)is*r#k subscribed to the within instrument and acknowledged to me that heAILfexecuted the same in hi1#9ftu1horized capacity(ft and that by hi f*ftignature(s)on the instrument the person(sf or the entity upon behalf of which the person(4'j acted,executed the instrument. WITNESS my hand and official seal. ROBERTA VOSS Signature (SEAL) CO MM #1632287 0NOTARY PUBLIC•CALIFORNIA FRESNO COUNTY Comm.Expires Jan.19,2010 This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER-OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE to-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT f n No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have causedd these presents to be executed by its duly authorized officers this 1 st day of November,2005. �pY�N1Yp�,r \\1SUo(�t� VYOeG 400044r4 i% � �r� C $ X INSURANCE COMPANY OF THE WEST O °SEAL b EXPLORER INSURANCE COMPANY I. 'go INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instru hent. Witness my hand and official seal. MARY COBE comm.4"60=0 0 NDMYY PJRVAAJFWAA SAN OMO COWTY is ER E Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of .h inn 2006 Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. 4 I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego,CA 92130-2045 P.O.Box 85563,San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No.2174927 Premium $793.00 Description of Bond Subdivision Performance Bond Tract 5300 Know all men by these presents that we, Grove Partners, LLC, a California Limited Liability Company, Principal,Insurance Company of the West, Surety, in favor of City of Fresno, Obligee, do hereby,jointly and severally, change the penal amount of this bond from One Million Five Hundred Eight Seven Thousand and NO/100************ dollars ($ 1,587,000.00) to One Million Six Hundred Forty Eight Thousand and NO/100***************** dollars($ 1,648,000.00),effective from the 7th day of June,2006. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 27th day of June,2006. ACCEPTED: The above is hereby agreed and accepted: Grove partners,LLC,a California Limited Insurance mpany of the West Liability Company By: By: Just' Smit Attney-In-Fact GN-ICW 180(8/00) STATE OF California COUNTYOF Fresno On D before me, Roberta Voss, Notary Public (here insert name and title of the officer),personally appeared Justin Smit personally known to me(gift)0if9M&~tri N t*htfat**)kM jkto be the person(s)whose name(_C�is*r4?* subscribed to the within instrument and acknowledged to me that heA#YeY"f executed the same in his#'VO4hWrbuthorized capacity(I", and that by hislA**W isignature(s)on the instrument the person(4 or the entity upon behalf of which the person(4 acted,executed the instrument. WITNESS my hand and official seal. ROBERTA VOSS Signature z (SEAL) COMM #1632287 0NOTARY PUBLIC•CALIFORNIA A@my FESNCeY Comm.Expires s Jan.19,2010 This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER.OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT No. 0002608 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005. 4�ro9MNj,., qU CtP JI�Y'�A'�d G INSURANCE COMPANY OF THE WEST O SEAL_ ; a K EXPLORER INSURANCE COMPANY %ft 1 Y�1 --.. �,y�T a �� INDEPENDENCE CASUALTY AND SURETY COMPANY 44L 11 °�pM ` Jitft,pr da�� Jeffrey D.Sweeney,Assistant Secretary John L Hannum,Fxecutive Vice President State of California } County of San Diego ss. On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument Witness my hand and official seal. MARY CM COMAHSOMM � K3TARY PU6LIC, NA� C�G,� MGVEOPONME SAN OIE60 CDUNT1t v VA9M .. Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of Ti mP 2006 Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. ` I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY []INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego,CA 92130-2045 P.O.Box 85563, San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No.2174927 Premium $ Included in Subdivision Payment Description of Bond Subdivision Payment Bond Tract 5300 Know all men by these presents that we, Grove Partners, LLC, a California Limited Liability Company, Principal, Insurance Company of the West, Surety, in favor of City.of Fresno, Obligee, do hereby,jointly and severally, change the penal amount of this bond from Eight Hundred Thirty Five Thousand Five Hundred and N0/100******** dollars ($ 835,500.00****) to Eight Hundred Sixty Seven Thousand Five Hundred and N0/100**************** dollars ($867,500.00****), effective from the 7th day of June,2006. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 27th day of June,2006. ACCEPTED: The above is hereby agreed and accepted: Grove Partners,LLC,a California Limited Insurance Company of the West Liability Company By: GQ By: Jus ti it Atto y-In-Fact GN-ICW 180(8/00) STATE OF California COUNTYOF Fresno On ,�Z before me, Roberta Voss, Notary Public (here insertname and title of the officer),personally appeared Justin Smit personally known to me be the person(s) whose name(#)isl* k subscribed to the within instrument and acknowledged to me that he&*Wjkexecuted the same in hi3Ohl r uthorized capacity(ift and that by his4WrAftr/signature(s)on the instrument the person(o, or the entity upon behalf of which the person(s1 acted,executed the instrument. WITNESS my hand and official seal. Signature � (SEAL) ROBERTA VOSS COMM. #1632287 -� NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY 0my Comm.Expires Jan.19,2010 This area{or Oficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TInE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER.OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT • No. 0002608 ICW GROUP ► Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this I st day of November,2005. p00PANy,�r S0 - �1 A& INSURANCE COMPANY OF THE WEST o SEAL ; EXPLORER INSURANCE COMPANY I. Air' &NIP� Z a �q° INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vire President State of California } County of San Diego ss. On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY COBE ca �C�OY11Mi1.4HS02990 y° SAH DMO COWTVMvCommissbnr J� v SEP 20.E9M 9000099 I Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of ji mp 2006 Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. ' I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EI Camino Real, San Diego,CA 92130-2045 P.O.Box 85563,San Diego,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com SURETY BOND INCREASE OR DECREASE PENALTY RIDER Bond No. 2174927 Premium $ Included in Subdivision Payment Description of Bond Subdivision Payment Bond Tract 5300 Know all men by these presents that we, Grove Partners, LLC, a California Limited Liability Company, Principal, Insurance Company of the West, Surety, in favor of City of Fresno, Obligee, do hereby,jointly and severally, change the penal amount of this bond from Eight Hundred Thirty Five Thousand Five Hundred and N0/100******** dollars ($ 835,500.00****) to Eight Hundred Sixty Seven Thousand Five Hundred and NO/100**************** dollars($867,500.00****),effective from the 7th day of June,2006. The continuity of coverage under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the said Principal and Surety shall not exceed the amount of liability assumed at the time the act and /or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. Signed and sealed this 27th day of June,2006. ACCEPTED: The above is hereby agreed and accepted: Grove Partners,LLC,a California Limited Insurance Company of the West Liability Company By: By: Justi it Atto y-In-Fact GN-ICW 180(8/00) STATE OF California COUNTYOF Fresno On before me, Roberta Voss,Notary Public (here insert name and title of the officer),personally appeared Justin Smit personally known to me be the person(s)whose name(A)is4it* subscribed to the within instrument and acknowledged to me that he1_*ft&0rexecuted the same in his*Y6MYbYtuthorized capacity(ft and that by hisIftVAftlrisignature(s)on the instrument the person(o, or the entity upon behalf of which the person(gy acted,executed the instrument. WITNESS my hand and official seal. Signatu ' (SEAL) - ROBERTA VOSS COMM. #1632287 -� NOTARY PUBLIC.CALIFORNIA. FRESNO COUNTY My Comm.Expires Jan.19,2010 This areafor O ficial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER.OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTMOES) SIGNER(S)OTHER THAN NAMED ABOVE 1D-1232(REV.1?l05) ALL-PURPOSE ACKNOWLEDGEMENT ' No. 0002608 ICW GROUP • Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MATT DEFENDIS, JUSTIN SMIT,ROBERTA VOSS their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November,2005. ,,00PUP-�J SURA G +cos►oiurEo"� o°~ °�o $ d INSURANCE COMPANY OF THE WEST o A SEAL: ; i .4 EXPLORER INSURANCE COMPANY *%N+.+�' +�4•oRNr':T? 0 a �o INDEPENDENCE CASUALTY AND SURETY COMPANY - Jeffrey D.Sweeney,Assistant Swretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. MARY C088 C2 �C�O Rvictam4i 1602990 ml W SAN DMrQO COU TY L; MV �E Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards bf Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of June 9,006 j%r� Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. Date Tax Opened- 06/29/2006 Term: 90 Days ID:20-1685764 Number. 230244 Certificate of Deposit Account Number: 2311779 Dollar Amount of Deposit: Three Thousand Dollars And No Cents $3000.00 This Time Deposit is Issued to: Issuer: UNITED SECURITY BANK :GROVE PARTNERS, LLC AND THE CITY OF FRESNO TRACT 5300 7088 N FIRST 1368 W HERNDON STE #103FRESNO, CA 93720 . FRESNO CA 93711 Not Negotiable-Not Transferable -Additional terms are below. By EDWARD GOME Z Additional Terms and Disclosures This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to Truth-in-Savings disclosure for those depositors entitled to one. There are additional terms and disclosures on page two of this form, some of open this account of$ 1,000.00 which explain or expand on those below. You should keep one copy of 0You must maintain this minimum balance on a dailybasis to earn the tMaturhis ty Date:This account matures 09/27/2006 annual percentage yield disclosed. (See below for renewal information.) Withdrawals of Interest: Interest IN accrued ❑ credited during a Rate Information: The interest rate for this account is 2.9800% term can be withdrawn: AT YOUR SELECTED INTEREST PAYMENT with an annual percentage yield of 3.02%. This rate will be FREQUENCY paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal the business day you deposit any noncash item(for example,a check). that is otherwise not permitted you may have to pay a penalty. The Interest will be compounded DAILY penalty will be an amount equal to: ONE (1) MONTH'S Interest will be credited Monthly interest on the amount withdrawn. ® The annual percentage yield assumes that interest remains on deposit Renewal Policy: until maturity. A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically ® If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity. receive the accrued interest. IN Automatic Renewal: If checked, this account will automatically The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew on the maturity date. other purpose is: 1 Interest ® will ❑ will not accrue after final maturity. ACCOUNT OWNERSHIP: You have requested BACKUP WITHHOLDING CERTIFICATIONS and intend the type of account marked below. TIN:20-1685764 ❑ Individual ❑ Joint Account IN Taxpayer I.D. Number - The Taxpayer ❑ Exempt Recipients - I am an exempt ❑ Joint-Husband and Wife(writnright ofsurYlp) Identification Number shown above (TIN) is recipient under the Internal Revenue Service ❑ Community party Pro - Husband and Wife my correct taxpayer identification number. Regulations. ❑ Tenancy in Common IN Backup Withholding - I am not subject A provision for my signature, certifying ❑ Trust: Separate Agreement Dated to backup withholding either because I have under penalty of perjury the statements eP 8 checked in this section and that I am a U.S. ® LLC not been notified that I am subject to backup or dividends, person (including a U.S. resident alien), is all interest o withholding a result s, or the Internal a failure to report contained on the first copy of this certificate. Revenue Service has notified me that I am no ❑ Totten Trust or ❑ Pay on Death longer subject to backup withholding. Designation as defined in this agreement (Beneficiaries' names and addresses) ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL X X X Ej� 01993 Bankers Systema,Inc.,St.Cloud,MN Form CD-AA-LAZ-CA(1) 6/11/2005 READ PAGE TWO FOR ADDITIONAL TERMS (page 1 of 21 II ., DEFINITIONS: "We," "our,",and "m" mean the issuer of d &cc Dunt P.O.D. Account With Md*b Pamir-This account is owned by tide and "you" and "your" mean the depositor(s). "Account" the named patties. Upon the death of any of theles, ownership passes,<.1g Aw.': original certificate of deposit as well as the deposit it evidences. survivor(s). Upon the death of all of theni.ownership passes to the aateeed pay-on-death payee(s). Whether the P.O.D. Account is with si96is plow,:, �s TRANSFER: "Transfer" means any change in ownership, wood teal or multiple parties, if ownership passes to Imre than one beneficiary,>t y A rights, or survivorship rights, including(but not limited to)anyj pl a or such beneficiary may Withdraw all or any part of the account bdana. assignment of this account as collateral. You caaaot transfer this Tottm Tenet Aeeotmtj- (subject to this form) - If two or mom of yon without our written consent. ! crate this acoouat, i u own the account jointly with Btmeficiaries acquireright to withdraw only if(1)all persons PRIMARY AGREEMENT: You agree to keep your funds wi us ill this the account die, W ) the beneficiary is then living. If two or moue account until the maturity date. (An automatically renewable ac cunt beneficiaries are named and survive the�of all persona creating tho. matures at regular intervals.) You may not transfer this wiEhouf account, such beneficiaries will own this account in equal shares, without first obtaining our written consent. You must present this ate oririof surviv The s �y withdraw all or say pat d'dtec f these �. you request a withdrawal or a transfer. account ancd person(s) creatin o ae©onot This account is void if the deposit is made by any method types reserves the right to: (1) change beneficiaries; (2)Chew s000trot.. collection(such as a check)and the deposit is not immediately aHea ed in types;and(3)withdraw all or part of the deposit at my time. full.If the deposit is made or payable in a foreign currency, thel of Trost Account to Schmale Apasnent - We will abide'by the deposit will be adjusted to reflecx final exchange into U.S. llars the terms of any separate which clearly pertains to this sommt We may change any term of this agreement. Rules gov c and which you file with us. Any additional consistent terms stated on this in interest rates have been provided. For other changes we 1 giv4 you form will also apply. reasonable notice in writing or by any other method permitted b law If any notice is necessary, you all agree that the mtiQe ter l be SET-OFF: You each Wee that we may (without prior notice and when sufficient if we mail it to the address listed on page one of this'form;You permitted by law) set off the funds in this account against any due and must notify us of any change. payable debt owed to us now or in the lhttrte, by any of you having the right of withdrawal,to the extent of such pawn's or legal entity's right to VNITHDRAWAL;S'AND-TRANSFERS:-Only those-of-you who j4iiAie. . withdraw. The amount of the set-off mi0'be'lhrtli#'199Mby '110 :6 permanent signature card may withdraw funds from this account. (In law. If the debt wins'from.a note, 'atter due and payable debt" includes appropriate cases, a court appointed representative, a beneficiary of a the total amount of which we are entitled to daeand payment under the, trust or pay-on-math account whose right of withdrawal has matured or a tams of the note at the'time we set off,ittclttding any balance the doe date newly appointed and authorized representative of a legal endt ma also for which we properly accelerate under the now. This right of ad-off does withdraw from this account.)The specific number of you who gree not apply to this account if: (a) it is an Individual Retirement Account of to any withdrawal is written on page one in the section bear' g title other tax-deferred retirement account, or (b) the debt is crated by:a NUMBER OF ENDORSEMENTS. This means, for example, that two consumer credit trattsac tion under a credit card plan, or(c) the.debtor's of you sign the signature card but only one endorsement is for right of withdrawal arises only in a rqunentative capacity. You agree to withdrawal then either of you may request withdrawal of the hold us harmless from.stay claim arising as a result of our exercise of our account at any time. Unless otherwise specified in writings onl one right of set-off. ; endorsement is required to withdraw binds from this account. These acme rules apply to define the names and the num* you BALANCE COMPUTATION METHOD: We use the dilly beloci who can request our consent to a transfer. , method to calculate the interest on this account. This method applies'a daily periodic rate to the principal in the account each day. PLEDGES: Any pledge of this account (to which we have agreed),must first be satisfied before the rights of any joint account survivor, TRANSACTION LE41TATIONS: You cannot malm additional deposits y Pay-on-death beneficiary or trust account beneficiary become ve. to this ac aunt daring''a tam (other than credited interest). You cannot For example, if one joint tenant pledges the account for payment of debt withdraw principal from this account without our eonaent.except as or >: and then dies,the surviving joint tenam's rights in this account,am I kiect after maturity. (For accounts drat automatically renew, there Is a 1poe-` first to the payment of the debt. period after each renewal date dering which withdrawals are P without penalty.) OWNERSHIP OF ACCOUNT AND BENvnciARY in certain circumstances, such as the death or incoaspeam of m DESIGNATION: You intend these rules to apply to this woount account owner, the law permits, or in some cases requires, the waiver of depending on the form of ownership and beneficiary designation, it any, the early withdrawal penalty• Other exceptions may also apply, for, specified on page 1. We malm no representations as to the apptopri�enesa example,if this is part'of an IRA or other tax-deferred savings plan. or effect of the ownership and beneficiary designations, except they determine to whom we pay the account Binds. FOR ACCOUNTS THAT AUTOMATICALLY RENEW: Bob' Individual Account -This account is issued to one prawn does renewal term.will be AUTQMATIC ,beginning"on not intend (merely by opening this account) to create any surviv P the maturity date(unless we notify you,in writing,before a atit) date, rights in any other person. Joint Account -This account is owned the of a different term for renewal). named parties. Upon the death of any of them, ownership prises the survivor(s). Joint Account - of Husband and Wife With of You must notify us in writing before, or within a TEN day grace Survivorship - This account is owned by the named parties, are period after, the maturity date if you do not want this account to husband and wife,and is presumed to be their community property. Upon automatically renew. the death of either of them,ownership passes to the survivor. Interest earned during one term that is not withdrawn during or Property Account of Husband and Wife - This account the immediately after that tam is added to principal for the renewal letm.= community property of the named parties who are husband and The The raw for each renewal tam will be determined by us on or just ownership during lifetime and after the death of a spouse is by before the renewal date.You may call us on or shortly before the maturity the law applicable to community property generally and may be date and.we can tell you what the interest rate will be for the note stead by a will.Tenancy in Common Account-This account is owned the term. On accounts with tams of longer than one month we will remind named parties as tenants in common. Upon the death of any , the you in advance of the renewal and tell you when the rate will be known ownership interest of that party passes to the named pay-on-death s) for the renewal period. of that party,or,if none, to the estate of that party. P.O.D.A with Single Party-This account is owned by the named party.U death of that party, ownership passes to the named pay-o palee(s)- See your plan disclowte if this account a part of an IRA or Keogh. i FjcJ5ZW 0 199 Bw*ws Sysurm,Hit..St.Cloud,MN Form CD-AA-LAZ-CA 8/11/ 8 j Account Number: Security Amount: ASSIGNMENT (Subdivision Agreement) SECURITY FOR: brnV� �(,(��- p � (��.,� hereinafter called ASSIGNOR, whose principal place of business is _ 13f1�5 I�0 an. #103 , �us►'t,n C,14 93711 Street City State Zip Code 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 insureg account of assignor in the 1$ & evidenced by f 'in the amount of - number which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries 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 ASSIG/�NOR. This assignm t is given as security for�bjl;ty for 1hae�ZQQ including interest a 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 this assignment. Dated this day of % , 20-01Q. C, Name & Title bf Assignor RECEI.QT �Of NQTtCE DF 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 a�� day of \kxY-,e_ , 20 O0 y l,A►�,i) tkt 4h?anL 4 10.F►r-ck ih� COL �'f 3-+ao Bank Mhme Branch Lo City State B Name Title of Officer Assignment Form Page 2 Parcel Map No. RECEIPT FOR CERTIFICATE OR SHARES) AND . DIRECTION,TO PAY EARNINGS Receipt is acknowledged of the above assignment and the Certificate of Share(s) identified in the above assignment. The bank named in the above assignment is hereby authorized and directed to pay any earnings on the above-identified account to the above-named assignor until otherwise notified in writing by the of the City of Fresno. Dated this day of , 20_ By Authorized Officer or Employee Telephone Number 1 For any question concerning this assignment transaction, please call upon the office of the appropriate officer shown herein. PAYMENT OF FUNDS AND I �LEASE OF ASSIGNMENT The City of Fresno hereby requests payment to be made to the City of Fresno in the amount of$ from withdrawal of funds in that amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the City authorizes to release to Assignor all funds in the Deposit Account in excess of $ and relinquishes all further right, title and interest of whatever nature in the Deposit Account. Dated , 20 By Authorized Officer or Employee Date Tax w, Opened: 06/29/2006 Term: 90 Days ID:20-1685764 Number: 230244 Certificate of Deposit Account Number: 2311779 Dollar Amount of Deposit: Three Thousand Dollars And No Cents $3000.00 This Time Deposit is Issued to: Issuer: UNITED SECURITY BANK i GROVE PARTNERS, LLC AND THE CITY OF FRESNO 7088 N FIRST TRACT 5300 FRESNO, CA 93720 1368 W HERNDON STE #103 FRESNO CA 93711 Not Negotiable-Not Transferable -Additional terms are below. By EDWARD GOME Z Additional Terms and Disclosures This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to Truth-in-Savings disclosure for those depositors entitled to one. There are additional terms and disclosures on page two of this form, some of open this account of$ 1,000.00 which explain or expand on those below. You should keep one copy of You must maintain this minimum balance on a dailybasis to earn the tMathis urity Date:This account matures 09/27/2006 annual percentage yield disclosed. (See below for renewal information.) Withdrawals of Interest: Interest ® accrued ❑ credited during a Rate Information: The interest rate for this account is 2.9800% term can be withdrawn: AT YOUR SELECTED INTEREST PAYMENT with an annual percentage yield of 3.02%.This rate will be FREQUENCY paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal the business day you deposit any noncash item(for example, a check). that is otherwise not permitted you may have to pay a penalty. The Interest will be compounded DAILY penalty will be an amount equal to: ONE (1) MONTH'S Interest will be credited Monthly interest on the amount withdrawn. ® The annual percentage yield assumes that interest remains on deposit Renewal Policy: until maturity. A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically ® If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity. receive the accrued interest. ® Automatic Renewal: If checked, this account will automatically The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew on the maturity date. other purpose is: 1 Interest ® will ❑ will not accrue after final maturity. ACCOUNT OWNERSHIP: You have requested BACKUP WITHHOLDING CERTIFICATIONS and intend the type of account marked below. TIN: 20-1685764 ❑ Individual ❑ Joint Account ® Taxpayer I.D. Number - The Taxpayer ❑ Exempt Recipients - I am an exempt ❑ Joint-Husband and Wife(with right of strrviwrship) Identification Number shown above (TIN) is recipient under the Internal Revenue Service ❑ Community Property-Husband and Wife my correct taxpayer identification number. Regulations. O Tenancy in Common ® Backup Withholding - I am not subject A provision for my signature, certifying C3 Trust: Separate Agreement Dated to backup withholding either because I have under penalty of perjury the statements ep v g checked in this section and that I am a U.S. ® LLC not been notified that I am subject to backup person (including a U.S. resident alien), is withholding as a result of a failure to report contained on the first copy of this all interest or dividends, or the Internal certificate. Revenue Service has notified me that I am no ❑ Totten Trust or ❑ Pay on Death longer subject to backup withholding. Designation as defined in this agreement (Beneficiaries' names and addresses) ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL X X X JFj(J!5&W 01993 Bankers Systems,Inc.,St.Cloud,MN Form CD-AA-LAZ-CA(1) 6/11/2005 READ PAGE TWO FOR ADDITIONAL TERMS (page 1 of 2/ DEFINITIONS: "We," roar,".&W "us" mean the issuer of this&cc Dunt P.O.D. Account With IMaldoe parties -This a000unt is owned.�r and "you" and "your" mean the depositor(s). "Account" mum the named parties. Upon the death of any of them ownership pansy original certificate of deposit as well as the deposit it evidences. survivor(s).Upon the death of all of theta,ownership passes to the ;. pay-on-death payee(s). Whether the P.O.D. Ae:ooulnt is ae&s�y1Y ` e in o weal or multiple parties, ff ownership passes to mance than cane TRANSFER: '"Ttamfer" means any change ownership, rights, or survivorship rights, including(but not limited to)any I pleop or such bewficiary may withdraw all or any part-of the acoouot assignment of this account as collateral. You cannot transfer this account Totten Trust Account I- (subject to this form) - Iftwo or nee o of yod without our written consent. , create this aexxnmt, yiou own the aocotmt jointly with sor4voa*. Beneficiaries acquirethe rigiu to withdraw only if(1)all persons cttiog �os PRIMARY AGREEMENT: You agree to keep your funds with us hi this the account die, and (�) the beneficimy is than living. If two or moans account until the maturity date. (An automatically renewable account beneficiaries are named and survive the death of all peatsom creating:0e matures at regular intervals.) You may not transfer this accoujt wibout account, such beneficiaries will own this a000uN in equal dam. WhI110irt .. first obtaining our written consent. You must present this certificate - right of survivorship. Any such beneficiary may withdraw an or any pat you request a withdrawal or a transfer. of the account balance. The person(s) crating either of them atxo w This account is void if the deposit is made by any types reserves the right to: (1) change beneficiaries; (2)change°account collection(such as a check)and the deposit is not immediately ll in types;and(3)withdraw all or part of the deposit at any time. tall.If the deposit is made or payable in a foreign currency, the of Trust Account Subje d to Separate Agrmanent - We will dila by. the deposit will be aQjusted to reflex final exchange into U.S.dollars the terms of any separate agreement which clearly pertains to this account '. We may change any term of this agreement. Rules govC and which you file with us. Any addidoml consistent terms stated on this in interest rates have bees provided. For other changes we will you form will also apply. reasonable notice in writing or by any other method permitted by law. If any notice is necessary, you all agree that the notice wi 11 be SET-OFF: You each that we may (without prior notice and Viben sufficient if we mail it to the address listed on page one of this form. You permitted by law) set ff the tbnds in this account against any due and must notify us of any change. payable debt owed to now or in the tirture, by any of you having do, right of withdrawal,to extent of such pawn's or legal entity's.fight to :c signature card may withdraw fu Only from this (In law. If the debt arises i Of the set-off may be and payable by * inclubli permanentRA GALS AND TRANSFERS: ON those of you-who s' the anthdtn+v. The amount�.a note. 'any due and payable debt' itdada appropriate cases, a court appointed representative, a beneficiary of a the total amount of which we are.entitled to demaed payment andst dm trust or pay-on-death account whose right of withdrawal has matured or a terms of the note at the time we set off,including any balance the db dont newly appointed and authorized representative of a legal entity may also for which we properly accelerate under the note.This right of so-off 46" withdraw from this account.)The specific number of you who gust not apply to this acoou* if (a) it is an Individual Retirement Account of to any withdrawal is written on page one in the section barg i title other tax-deferred retia account, or (b) the debt is crated by a NUMBER OF ENDORSEMENT'S. This means, for example, that ' two consumer credit transaction under a credit card plan, or(c) the debtu a of you sign the signature card but only one endorsement is for right of withdrawal a 'ries only in a representative capacity. You ogres to withdrawal then either of you may request withdrawal of the hold us harmless from any claim arising as a result of our Maw of scar,.. . account >u as time. Unless otherwise specified in writing. right y onl one of set-off. endorsement is required to withdraw funds from this account. These same rules apply to define the names and the number at you BALANCE COMPUTATION METHOD: We use the daily bdapoe who can request our consent to a transfer. method to calculate tib interest on this account. This method appft a clailY Periodic rate to the principal in the account each day. PLEDGES: Any pledge of this account (to which we have agreed), must first be satisfied before the rights of any joint account' sur4ivor, TRANSACTION uMi TATIONS: You cannot mobs acidwooal deposits pay-on-death beneficiary or trust account beneficiary become eff 've. to this account during a term (other than credited harm). You comet•. For example, if one joint tenant pledges the account for pa meta of debt withdraw principal 11;m this account without our consent except on or and then dies, the surviving joint tenant's rights in this account Are subject after maturity. (Foraqwmts that automatically renew, this a goo.o• first to the payment of the debt. period atter each rdate te+e during which withdrawals are.peemitted without penalty.) OWNERSHIP OF ACCOUNT AND BE CORY In certain circumstances, such as the death or incompetenoe sof m DESIGNATION: You intend these rules to apply to th s ac unt account owner, the law permits, or in some cases.requim, the wah*of ' depending on the form of ownership and beneficiary designation, many. the early withdrawalpenalty. Other exceptions may also Apply. tion specified on page 1.We make no representations as to the appropriat*u example,if this is part Of an IRA or other tax-defaced sasvinga plm or effect of the ownership and beneficiary designations, except a� they determine to whom we pay the account thuds. FOR ACCOUNTS THAT AUTOMATICALLY RENEW: Bocb. Individual Account -This account is issued to one person wh does renewal term.will be ,AUTOMATIC ,bew"W .. not intend (merelythis account) to create an surviv, ishi esu by oP�� Y P the maturity date(unless we notify you,in writing,before a mantrhy dose. ` rights in any other person. Joint Account -This account is owned I ly the of a different term for renewal). named parties. Upon the death of any of than, ownership passes o the survivor(s). Joint Account - of Husband and Wife With t of You must notify us in writing before. or within a Tday gwoe Survivorship - This accm nt is owned by the named partieer, are Period ager, the maturity date if you do not want this acoonnt to husband a�wife,a�is presumed to be their community Property Aon automatically renew• the death of either of them,ownership passes to the survivor. G Interest earned during one term that is not withdrawn dating oar Property Account of Htabond and Wife - This account the immediately atter that term is added to principal for the renewal tam, community property of the named parties who are husband and .The 'the rate for each renewal tam will be determined by us on or Jost ownership during lifetime and atter the death of a spouse is determi by before the renewal dater. You may call us'on or shortly befos+e the maptttlty ' the law applicable to community property generally and may be acted date and we can tell you what the interest roe will be for the most s by a will.Tem may in Common Account-This account is owned y the term. On accounts with terms of longer than one month we will remind named parties as tenants in common. Upon the death of any , the you in advance of the renewal and tell year when the rate will be known ownership interest of that party passes to the named pay-on-deaKh pa s) for the renewal period. of that party,or, if none,to the estate of that party. P.O.D.Accouni with Single Party-This account is owned by the named party. Upon the nth of that party, ownership passes to the named pay-on-death pa s). See your plan disclosure if this account is part of an IRA or Keogh. /pW Z o/Zl E4+ P4 01 993 eanksf Symm,Inc.,at.Clm d,MN Form CDAA-LAZ-CA 0/1 t! Account Number: Security Amount: ASSIGNMENT (Subdivision Agreement) SECURITY FOR: (orsVL "P(,((�-�'hOrr`5 1.�-C. hereinafter called ASSIGNOR, whose principaIM lace of business is 1310 l�), t _ _ *I o 3 ,1 t5n o G4 93711 Street City State Zip Code do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title, and interest of whatever r1qturekof assignor, in and to the insure accoun of assignor in the n , evidenced by C_ , f Rin the amount of$ - number which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries 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 assignor t is given as security forbjl:ty for -r(YtG �,Qa LAI including interest a penaltieAAA A s, 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 this assignment. Dated this�'�day of %YV , 20 M. ' C.r Name & Title bf Assignor 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. fi Dated this aC�—day of\ kLKYNe , 20 0�l Bank Nbme Branch Lo City State B , Name Title of Officer Assignment Form Page 2 Parcel Map No. RECEIPT FOR'CERTIFICATE..OR SHARES) AND 'DIRECTION TO PAYEARNINGS . Receipt is acknowledged of the above assignment and the Certificate of Share(s) identified in the above assignment. The bank named in the above assignment is hereby authorized and directed to pay any earnings on the above-identified account to the above-named assignor until otherwise notified in writing by the of the City of Fresno. Dated this day of , 20 By Authorized Officer or Employee Telephone Number For any question concerning this assignment transaction, please call upon the office of the appropriate officer shown herein. PAYMENT OF FUNDS.AND RL.EAS `OF ASSIGNMENT The City of Fresno hereby requests payment to be made to the City of Fresno in the amount Of$ from withdrawal of funds in that amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the City authorizes to release to Assignor all funds in the Deposit Account in excess of $ and relinquishes all further right, title and interest of whatever nature in the Deposit Account. Dated , 20 By Authorized Officer or Employee