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HomeMy WebLinkAboutT-5966 - Cashier Memo - 9/17/2010 City of cMIeI �i% M E M O RA N D U M ff DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET•FRESNO,CA 93721 DATE: September 2, 2010 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5966 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$2,044,000.00 2. Payment Bond in the amount of$1,076,000.00 3. Certificate of Deposit in the amount of$108,000.00 4. Check in the amount of$590,881.52 (California Bank Trust No. 001162) 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, <;i� Jonairnan Bartel la'f I T City or ^q�, M E M C� N66 M r1CZ■W..%&. / H 1616 DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: September 1, 2010 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. 5966 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: $2,044,000.00 2. Payment Bond in the amount of: $1,076,000.00 Final Map is scheduled for Council action on September 16, 2010. If you have any questions, please contact me at 621-8076. Thank you Jonathan Bartel ,NAEMENT DIVISION RISK f./., Approved: App oved Changes: icn � Date BOND RIDER DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200, IRVINE CA 92614 DATE OF NOTICE BOND NUMBER I TYPE OF BOND LICENSE# 9/1112010 1 820825 UBDIV. IMPROVEMENT Tract 5966 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: CITY OF FRESNO 2600 FRESNO ST FRESNO CA 93721 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 08/31/2010 This Rider is on behalf of Bn Hudson Ranch Lp understood and agreed, effective from above date, that: ^, a Amend bond number to read: 782081 S C` Amend premium wording on performance �* bond to read: premium is for an initialQq term of 2 years; subject to annual renewal n Z thereafter. rn 3 cry tot z c J Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Sit d this 13 day of September, 2010 By- h )(0) Y---) PRODUCER: P Bewley, Attorney-In- t ARTHUR J GALLAGHER &CO INS BRKS OF CA INC 45 E RIVER PARK PL W STE 408 FRESNO CA 93720 Company Profile Page 1 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 Locate the A�?ent for 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 Dines 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/idb__co_prof utl.get_co_prof?p_EID=100170 9/2/2010 Company Profile Page 2 of 2 Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My r 4 Financial Rating Organizations Last Revised-June 26,2009 05:53 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/ldb_co_prof utl.get_co_prof?p_EID=100170 9/2/2010 Bond NO.: 782082S Premium: $20,440.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and BN Hudson Ranch L.P. ("principal")will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5966 is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal BN Hudson Ranch, L.P. and Developers Surety and Indemnity Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Two Million, Forty Four Thousand and 00/100 dollars ($ 2,044,000.00 ) 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 August 31 20 10 Principal: BN dson Ranch, L.P. By: ( rincip Surety: v to ers Sure and I nit Company B ty) Way L Att ney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of FRESNO On August 31,2010 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. �is�,µ`oF rye KIMBERLY WILSON N ry COMM.#1885445 co NOTARY PUBLIC-CALIFORNIA N FRESNO COUNTY „ iviy Camm.Exp.Aprll 10,2014 gnature Otary OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-ICW 24(7/00) 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 hereb make,constitute and ap oint: **Mayne Lamb, Eary E. Richards, DeAnna Slater, Cynthia Sauceda, Donna M. Smith, Kyle Wilson, jointly or severally*** as their true and lawful Atiorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attomey 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 severalty caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. [Ilffn[f,, By: / Sy ANt3,,I 'y PANY0 Daniel Young,Vice President O toe, OCT. h�G dtapORpT� W t i�C: OCT.5 n By: n`t. 1936 :0~ 1967 Stephen T.Pate,Senior Vice-President .��© �pFp p '�$ 4� 0gGlFOR�`T 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)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 hisfher/their signature(s)on the instrument the person(s),or the entity upon behalf of JENWTTYM which the person(s)acted,executed the instrument. COMM.#17191840 NOTARY PUBLIC 0Al FMOR QA 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUWY true and correct. Fe.iy"n.90111 P'ek 1R WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng tory Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 31 day of August, 2010 se By. (t regg Okur , istant Secretary ID-1380(Rev.11/09) Bond No.:782082S Premium: Included in Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas,the City Council of the City of Fresno, State of California, and BN Hudson Ranch, L.P. ("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. 5966 , 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 c;iaims 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 BN Hudson Ranch, L.P. 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, Seventy Six Thousand and 00/100 dollars ($1,076,000.00 ___J, 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 August 31 , 20 10 Principal' BN Huds in Ranch, L.P. By: (Priv pal) Su ret o ers Surety and 1pdQ om an By: (Sure W yne La Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of FRESNO On August 31,2010 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 W GOMM.#1885445 rn Cc a NOTARY PUBLIC-CALIFORNIA ] FRESNO COUNTY My Comm.Exp, Aprll 10.2014 ignature of otary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-ICW 24(7/00) 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 ap omt: ***Wayne Lamb, Tary E. Richards, DeAnna Slater, Cynthia Sauceda, Donna M. Smith, Kyle Wilson, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of 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 Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st,2008. By: I ,^•t:'AND 3 �PANYO Daniel Young,Vice PresidentyryJP �k40/tq� �U�RPORp 0T £h g OCT 5 d O By. Stephen T.Pate,Senior Vice-President a ' 1936 S' W c 1967 /OWP..ti�agCIFOf��\ 2 State of California * ,0" 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/she/they executed the same in his/her/their authorized T � capacity(ies),and that by hislher/their signature(s)on the instrument the person(s),or the entity upon behalf of Nn which the person(s)acted,executed the instrument. comm.#1781840 NOTARY PUBLIC MUMMA I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is 10— ORANGE CWMDL N true and correct. Comm.MY 9 OMS F9111 11=2 ' WITNESS my hand and official seal. Place Notary Seal Above Signature f�,�f L_ J TT Ng n, tory Public CERTIFICATE (1 0 V The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate isexecutedin the City of Irvine,California,this 31 day of August, 2010 By: f t regg Okur , istant Secretary I D-1380(Rev.11/09) W AUTOMATICALLY RENEWABLE CALIFORNIAJBANK u Teusr TRUST Y ISSUED AT FRESNO MAIN OFFICE FRESNO CA DATE 91112010 Lu (CITY OR TOWN) (STATE) W o BN HUDSON RANCH LP 1340022753 O (CUSTOMER NAME) (CUSTOMER NUMBER) ***ONEHUNDRED EIGHT THOUSAND DOLLARS AND N0/.100 ********** DOLLARS $**.105,000.00** F w HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO CITY OF FRESNO OR ORDER UPON MATURITY Q (� AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. /� O THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS w Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR (B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF 0 50() %PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS BANK. THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE, TO THE EXTENT NECESSARY TO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE Account Number: 1340022753 Security Amount: $108,000.00 ..: : .. . :::::::::: ::..................... : : : :::: : : . : ..:.:......... ............. ....: . m : - (Subdivision Agreement) SECURITY SECURITY FOR: BN Hudson Ranch, LP hereinafter called ASSIGNOR, whose principal place of business is 7030 N. Fruit Ave, Suite #101,. Fresno, CA 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 insured account of assignor in the California Bank & Trust , evidenced by Assignment Account in the amount of $ 108,000.00 number 1340022753 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 assignment is given as security for liability for Tract 5966 - Improvement Security 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 this assignment. Dated this 1st day of September 4gl2 V14ame-& Title of Assignor 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 1ST day of SEPTEMBER DW 2010 CALIFORNIA BANK & TRUST 7060 N FRESNO ST FRESNO CA 93720 Bank Name Branch Location City State By �Z� Name Title of officer KRISTI SHULTE - VP & CUSTOMER SERVICE MGR BN HUDSON RANCH, L.P. GENERAL ACCOUNT >„-zoa 1210 7030 N. Fruit, Suite #101 Fresno, CA 93711 001162 CHECK NO. CHECK DATE CHECK AMOUNT PAY 1162 8/31/10 $590,881.52 ndl eud mil tluui.�I n �i.. �:(si. IIP'p�iil liana �1:��� TO THE ORDER OF City of Fresno V CALIFORNIA BANK TRUST LTJ SECURITY FEATURES INCLUDED.DETAILS ON ii'OOL162ii' i: L2LO02042i: 1340550BLLii 001162 Fees per subdivision agreement