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HomeMy WebLinkAboutT-5838 - Cashier Memo - 6/14/2011 Io MEMORANDUM CbC�+\�`I%- rn=� W1. DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: June 14, 2011 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5838 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$2,138,000.00 2. Payment Bond in the amount of$1,125,000.00 3. Certificate of Deposit in the amount of$113,000.00 (California Bank and Trust) 4. Copy of receipts of credit card payment of$12,500.00, $50,000.00 and $109,154.07 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank yo ; Jonathan Bartel City TI MEMORANDUM Iff DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: June 14, 2011 TO: KERRY TROST Personnel Services Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5838 Attached are original bonds required for the subdivision agreement for the Final Map. Please review the following bonds for conformity to City acceptance policies: 1. Performance Bond in the amount of: $2,138,000.00 2. Payment Bond in the amount of: $1,125,000.00 Final Map is scheduled for Council action on June 16, 2011. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel iIV R+JK MA ' GEMENT DlV13I01� "= -r=nQ AP;oroved: _-; Ap ov /Changes: tT11-1 77 Date Sign ? -� w Bond No.: 782647S Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Copper River Southwest, Inc. ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5838 , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Developers Surety and Indemnity Company , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of One Million, One Hundred Twenty Five Thousand and 00/100 dollars ($ 1,125,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 8 2011 Principal:Copper River Southwest, Inc. By: (Principa Surety: D pers Surety andem ' ompany By: yayfie La (Sur ) r y-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On June 8, 2011 before me, KIMBERLY WILSON,NOTARY PUBLIC,personally appeared Wayne Lamb, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Ft sFi KIMNRLY WILSON WITNESS my hand and official seal. COMM.#1885445 � eW NOTARY PUBLIC-CALIFORNIA j rn FRESNO COUNTY My Comm,Exp, AprIIt0,2014 Si ature of tary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CAACw 24(7/00) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Kyle Wilson,Cynthia Sauceda,Donna M Smith,DeAnna Slater,Gary E.Richards,Wayne Lamb,jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys}in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By: ,�� AND/Na••.,. �MpAN Y o.� Daniel Young,Vice President ,''J : .o'sp0RqPOg s Pq Ql >0-LUs OCT. o W. OCT.5 T By: ?o? w 1967 Stephen T.Pate,Senior Vice-President -pj 1 9 3 6 ;a` OZ c *� •?�0...!OWP .. eta, / /FOP State a State of California County of Orange On August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to Mil the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized J�N1V1�TT S) 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. COMM.#1791640 NOTARY PUBLIC CN1P0�1M I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct ►•h comm.expires Feb 1%2M2 0 W V V WWITNESS my hand and official seal. Place Notary Seal Above Signature_ 4 VM4.f L__ Je TT Ng n, tory Public CERTIFICATE 6 The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 8th day of June 2011 By: 'l regg Okur, istant Secretary ID-1380(Rev.11/09) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of R�ftan a On 13 ZOk I before me, 12"r-Il La r, Viq" -PliAbl le Date Here Insert Name and Title of the Officer personally appeared Nt'1trle__ Name(s)of Signer(sd e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in MADELYN J. CUELLAR his/her/their authorized capacity(ies), and that by Commission * 1764882 his/her/their signature(s) on the instrument the -w Notary Public -California Fresno Countyperson(s), or the entity upon behalf of which the MVComm.BPk%A931 2011 person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.�`1 (� Signature: 4r'y�Q `-�`�``-' Place Notary Seal Above ig ature of N14ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: G Corporate Officer—Title(s): I 'Corporate Officer—Title(s): ❑ Individual ❑ Individual ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—I❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876.6827) Item#5907 Bond No.: 782647S Premium: $21,380.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Copper River Southwest, Inc. ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5838 is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Developers Surety and Indemnity Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Two Million, One Hundred Thirty Eight Thousand and 001100 dollars ($ 2,138,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 8 , 2011 Principal: Copper River Southwest, Inc. By: (Principal) Surety: D ers Sure a ndit Company By: ( rety) ayne am ,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On June 8, 2011 before me, KIMBERLY WILSON,NOTARY PUBLIC,personally appeared Wayne Lamb, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KIMBERLY WILSON COMM.#1 885445 'z = NOTARY PUBLIC-GALIFORNIASe m r FRESNO COUNTY My Comm.Exp. April 10,2014 Si ature of No ary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-ICW 24(7/00) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Kyle Wilson,Cynthia Sauceda, Donna M Smith, DeAnna Slater,Gary E.Richards,Wayne Lamb,jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorneys)-in-Fad full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By: •� •fit!„ANO j1Q. �OM?ANY,, Daniel Young,Vice Presidento�P0r?4 :��y,`' ��kPORq 0 G OCT.5 n :w. 10 By 1936'-0.0i con= LU 1967 Stephen T.Pate,Senior Vice-President >�, It X P, cq</FOF�\P a? State of California County of Orange On August 13th,2008 before me, Jenny TT Nguyen,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T.Pate Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized JENNY TT N0 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. COMM.#1791640 NOTARY PUBLIC CALMOM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COWN true and correct. My comm,e�res Fob,16.2012 WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n, tayPublic CERTIFICATE 6 U The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California.this 8th day of June 2011 By: regg Okur, istant Secretary ID-1380(Rev.11/09) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 c State of California County of F-Y-eSn o On S[w,- , (3 20 11 before me, K106d�A n 1. CU-Cl [ter'; Date Here Insert Name and Title of the Officer personally appeared Oqnsh n-P_ U VIcex1fe t fi3O� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in MADELYN J. CUELLAR his/her/their authorized capacity(ies), and that by Commission #r 1764882 his/her/their signature(s) on the instrument the d Notary Pub1IC-Calitomia person(s), or the entity upon behalf of which the Fresno County person(s) acted, executed the instrument. MyCortm-E)0ftlLQ31,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Signature:_�ja • `–�"`va), Place Notary Seal Above OPTIONAL S n ture of Notkk Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual 71 Partner—Ll Limited ❑General Top of thumb here ❑ Partner—❑ Limited 1 1 General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 0 2010 National Notary Association-NationalNotary.org-1-800-US NOTARY(1-800-876-6827) Item#5907 Company Profile Pagel of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process SUSAN M. MOORE, 11780 FITCH SUITE 200 IRVINE, CA 92614 Unable to the AgentfQr Service of Process? Reference Information NAIC #: 12718 NAIC Group#: 0075 California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY http://interactive.web.insurance.ca.gov/webuser/ldb_co_prof utl.get_co_proPp_EID=100... 6/14/2011 �,Ompany Profile Page 2 of 2 w • Company Complaint Information Company Enforcement Action Documents Company Perfonnance_&Comparison Data Composite Complaint Studies Want More? HelpM.e Find a COMDany Representative in My Area Last Revised-May 26,201101:14 PM Copyright©California Department of Insurance Vinteractive.web.insurance.ca.2ov/webuser/idb co prof utl.get co W AUTOMATICALLY RENEWABLE CALIFORNIA BANK u TRUST 'TRUST i f. ISSUED AT FRESNO MAIN OFFICE FRESNO CA DATE 6/10/2011 Lu (CITY OR TOWN) (STATE) W COPPER RIVER SOUTHWEST INC 1340023053 O (CUSTOMER NAME) (CUSTOMER NUMBER) **ONE HUNDRED THIRTEEN THOUSAND DOLLARS AND N0/100********** **113,000.00** DOLLARS Hd w HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO c T TY C)F FRESNO OR ORDER UPON MATURITY Q (o AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. 0. O THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR (B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF q PER ANNUM t FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK. THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE Account Number: 1340023053 Security Amount: $113,000.00 ASSIGNMENT (Subdivision Agreement) SECURITY FOR: COPPER RIVER SOUTHWEST,INC. Hereinafter called ASSIGNOR, whose principal place of business is 1396 W. Herndon#101, Fresno,CA 93711 do(does)hereby assign,and set over to the City of Fresno of the State of California,all right, title,and interest of whatever nature,of assignor, in and to the insured account of assignor in the CITY OF FRESNO,evidenced by CERTIFICATE OF DEPOSIT in the amount of $113,000.00 number 1340023053 which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment caries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation,and includes and gives the right to the City of Fresno to redeem,collect,and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is given as security for liability for Tract 5838 Performance Security— I Year Term including interest and penalties,and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above named Bank of the assignment. Dated this 9th day of June ,201 1 Copper River Southwest, Inc., a California Corporation By: Granville Management, Inc. a California Corporation, Manager By. w Steve au,Secretary RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold,claim or obligation of the above identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this 10TH day of June ,2011 California Bank&Trust, 7060 N. Fresno Street Fresno, CA 93720 Bank Name Branch Location City State By G Name Title of Officer KRISTI SCHULTE - VP & CSM I CITY OF FRESNO PARKING CITY OF FRESNO PARKING 2600 FRESNO ST RM 4064 FRESNO CA 93721 2600 FRESNO ST RM 4064 559 621-8815 FRESNO CA 93721 541619101303196 559 621-8815 541619101303196 Merchant ID: 1910130319601 I Merchant ID: 1910130319601 Sale Sale 1066 VISA Entry Method, Swiped AMEX Entry Method; Swiped Total: $ 50.000.00 Total: $ 109,154.V 06/13/11 17:19:07 06/13/11 17:21:24 InJ: 000007 Appr Code: 072401 Inv : 000008 Appr Code: 520162 Apprvd: Online Batch§: 000240 Apprvd: Online BAA: ON240 I agree to nay above total amount according to card issuer agreement I agree to nay above total amount (Merchant agreement if credit voucher) according to card issuer agreement (Merchant agreement if credit voucher) 1 LOPEZ/CRISTINA LOPEZ i STI G Merchant Cony THANK YOU! Merchant Copy COME AGAIN! THANK YOU! COME AGAIN! CITY OF FRESNO PARKING 2600 FRESNO ST RM 4064 FRESNO CA 93721 559 621-8815 541619101303196 Merchant ID: 1910130319601 Sale 1XI1111111115136 VISA Entry Method: Swiped Total: $ 12,500,00 06/13/11 17:17:55 Inv : 000006 Appr Code: 015710 Apprvd: Online BatcM: 000210 I agree to nay above total amount according to card issuer agreement (Merchant agreement if credit voucher) -------------zzz7- LOPEZ/CRISTINA Morrhan+ Cnov