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HomeMy WebLinkAboutT-5987 - Cashier Memo - 7/20/2011 IE MEMORANDUM rn��U:=. .. DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: July 20, 2011 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5987 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$242,000.00 2. Payment Bond in the amount of$127,500.00 3. Certificate of Deposit in the amount of$13,000.00 (California Bank &Trust) 4. Check in the amount of$99,319.44 (California Bank &Trust No. HHI-00004877) 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel City of MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT•DEVELOPMENT SERVICES DIVISION•2600 FRESNO STREE•FRESNO,CA 93721 DATE: June 30, 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. 5987 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: $242,000.00 2. Payment Bond in the amount of: $127,500.00 Final Map is scheduled for Council action on July 21, 2011. If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel Bond No.: sa006000328 Premium: $6,375.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas,the City Council of the City of Fresno, State of California, and OLD FIG, LP, a Delaware Limited Partnership ("principal")will be entering into an agreement whereby principal agrees to Install and complete certain designated public improvements, which said agreement, Identified as Subdivision Agreement for the Final Map of Tract No, 5987 is hereby referred to and made a part hereof;and Whereas, principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, Now,therefore, we,the principal and ULLICO Casualty Company as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Two hundred forty two thousand and No/100*dollars($ 242,000.00*** 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 adrninlstrators,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 ablde 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 speciflcatlons 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 JLm 27 , 20 11 Principal:OLD FIG, LP, aiQo mited Partnership By: l ( Surety: ULLICo as alty Company By: (Surety)re�y--In-Fact: Jlu insxnit CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Fresno On le L7 /I/ before me, Roberta Voss, Notary Public , Data Here Insert Name and Tille of the Officer personally appeared Justin Smit Names)of Slgner(s) r who proved to me on the basis of satisfactory evidence to be the person(4 whose name(N IS Subscribed to the within Instrument and acknowledged to the that hem executed the same in hist authorized capacity ROBERTA VOSS and that by hisfj{signatureN on the Instrument the `J� COMM. #A VOSS8 -� personM or the entity upon behalf of which the persona '' n acted,executed the Instrument. NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY I certify under PENALTY OF PERJURY under the laws of (3a Comm.Expires January 19,201 the State of California that the foregoing paragraph Is true and correct. Witness m han d official seal, Signature Place Notary Seal Above Slgnatur of Notary Publ� 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: Slgner(s) Other Than Named Above: Capaclty(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney In Fact ❑ Trustee M ❑ Trustee El Guardian or Conservator Top of thumb Mhere ❑ Guardian or ConservatorTop of thumb here ElOther: ElOther: Signer Is Representing: Signer Is Representing: i 02007 National Notary Assocladon•9350 Do Solo Ave-,P.O-Box 2402•Chalsworth,CA 91313.2402•www.Nadonalttolary.org Item 85907 f3mcfer-Can TO-Free 1.600-878-6827 I I I STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On _13-( /I Z�-- 2 2011, before me, Sharon Fisher, Notary Public, personally appeared ��( � W' !2q who proved to me on the basis of satisfactory evidence to be the person whose name is/are--subscribed to the within instrument and acknowledged to me that he/ hefth-ey executed the same in his/.l lfe&authorized capacityW, and that by his/herftheir signature on the instrument the person 'f or the entity upon behalf of which the person '] acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHARON FISHER commission # 1911905 Notary Public -California Fresno County My' Comm.Ex fires Nov 30,2014 Signature of Notary OPTIONAL --- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL TITLE OR TYPE OF DOCUMENT ❑ CORPORATE OFFICER ❑ PARTNER(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER(S) OTHER THAN NAMED ABOVE piuflicoDeFendis 46 ULLICO Casualty Company 1625 Eye Street,N.W.Washington D.C.20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY(the Company),a corporation organized and existing under the laws of the State of Delaware,does hereby constitute and appoint:Justin A.Smit and Roberta Voss of DiBuduo and DeFendis Insurance Brokers,LLC. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$1,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July,2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this '1 day of ,/ UA-"' 20 It U 8 It •Q��pp� �,"�W� SIDENT X1$79 `"iy'a'•.11WR�.'ryr'y�w Daniel Aronowitz ,moi v� President ULLICO Casualty Company,a Delaware Corporation. t �+#ilrttttit�`t On this -7 day of � 20 t before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. Notary Public CATHERINE M.OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE 1,Teresa E.Valentine,Senior Vice President,General Counsel and Secretary of ULLICO Casualty Company,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect.I do further certify that that Daniel Aronowitz,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16th day of July 2009. Teresa E.Valentine Senior Vice President,General Counsel&Secretary ULLICO Casualty Company —110*m Bond No,: S1300600326 SUBDIVISION IMPROVEMENT PAYMENTBOND Whereas, the City Council of the City of Fresno, State of California, and OLD FIG, LP, a Delaware Limited Partnership ("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. 5987 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 ULLICO Casualty Company as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men, and other persons employed In the performance of the agreement and referred to In Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code In the sum of One hundred twenty seven thousand five hundred and No/100**dollars ($ 127.500.oo**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 corporatlons 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 4M 27 20 11 Principal: OLD FIG, a e aw Limited Partnership By: (Princ al) Surety: ULLICO s _a-lty Company v1/ By: - Ur ty) Attorney-In-Fact: Justin Smit. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ` STATE OF CALIFORNIA County of Fresno } On + �� before me, Rcberta Voss, Notary Public , 0#10 Here Insert Name and Title of the Officer personally appeared Justin Smit Names}o1 Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(N is subscribed to the within instrument and acknowledged to Me that h� executed the same in his/J015=authorized capacity �a ROBERTA VOSS and that by hls�{signaturelM on the Instrument the o COMM. #1874218 —+ persons} or the entity upon behalf of which the person .* NOTARY PUBLIC-CALIFORNIA ` acted, executed the Instrument. FRESNO COUNTY F pn` My Comm.Expires January 19,2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Witness y ha nd official seal, Slgnature Place Notary Seat Above Slgn re of ary ub1� 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: Slgner(s)Other Than Named Above: Capaclty(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Oflicer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General ❑ Attorney in Fact ❑ Attorney In Fact ❑ Trustee ❑ Trustee ❑ Guardfan or Conservator 1p of'thumbhere ❑ Guardian or ConservatorTop of th7here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: C2007 Nadonal Notary Assoctadon•9350 ee Soto Ave-,P.O.Box 2402-Chatsworth,CA 91313.2402-wwu.NetionalWiaryorg Item 85907 Reader.Call Ton-Free 1.80087&6827 • i STATE OF CALIFORNIA ) COUNTY OF FRESNO ) On JZL n'e ,'27 2011, before me, Sharon Fisher, Notary Public, personally appeared k eivirAl /,". GJa f',oi , who proved to me on the basis of satisfactory evidence to be the person(,s'f whose nam is/.are-subscribed to the within instrument and acknowledged to me that he/ 4eAhey executed the same in his/herfthvir authorized capacity i* and that by his/��their-- signaturon the instrument the person f0, or the entity upon behalf of which the persor*j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHARON FISHER Commission # 1911905 =i Notdry Public California z Fresno County > My Comm.Ex ire.s Nov 30,2014 Signature of Notary OPTIONAL --- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL TITLE OR TYPE OF DOCUMENT ❑ CORPORATE OFFICER ❑ PARTNER(S) NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) DATE OF DOCUMENT ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER(S) OTHER THAN NAMED ABOVE C0 DeFendis 47 1 ULLICO Casualty Company 1625 Eye Street,N.W.Washington D.C.20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY(the Company),a corporation organized and existing under the laws of the State of Delaware,does hereby constitute and appoint:Justin A.Smit and Roberta Voss of DiBuduo and DeFendis Insurance Brokers,LLC. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$1,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July,2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this •Z 1"fb day of "i L�✓ 201. Po R4 OX f JL SEALi SIDENT -j J 11979 Daniel Aronowitz President ULLICO Casualty Company,a Delaware Corporation. rz��trrl,tti`v On this day of j �'y`'`o� 20 L L before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. or Notary Public CATHERINE M.OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE I,Teresa E.Valentine,Senior Vice President,General Counsel and Secretary of ULLICO Casualty Company,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect.I do further certify that that Daniel Aronowitz,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof]have subscribed my name and affixed the facsimile seal of each Company this 16t'day of July 2009. Teresa E.Valentine Senior Vice President,General Counsel&Secretary ULLICO Casualty Company 4111DW, FresCityOf City Of Fresno Wathen Castanos Hybrid Homes Inc. 2600 Fresno Street Check Number HHI-00004877 Fresno, CA 93721 Check Date Jun 30, 2011 Date Invoice Reference Payment Amt Retention Discount Total. Payment HHI Wathen Castanos Hybrid Homes Inc. 06/30/11 Tract 5987 Subdivison Agreement 99,319.44 0.00 0.00 99,319.44 Total. Remittance 99,319.44 0.00 .00 99,319.4, � . _ ._ .. California Bank &Trasl WAhen Castanos Hybrid Homes In '# 7060 N. Fresno St 11-204' 802 W. Pinedale, Suite 104 Fresno, CA 937201 1210 Fresno, CAS . Date Check (Number Jun 30, 2011, {. HI-00004877 Amount j Pay' 'Ninety Nine Thousand Three Hundred Nineteen Dollars 44 Cents% $99,319.44 ` To City Of Fresno , F � The 2600 Fresno Street" Order Fresno, CA 93721 - Per Of _ .:. .. ._ PA 1'AE3LE W UNITED STATES DOLLAR W. 0000048 7 ?II' is L 2 1,00 204 21: L 340 5 3488 11110 W AUTOMATICALLY RENEWABLE ~ C B CALIFORNIAIBANK 1_U TRUST TRUST W 1-- Y ISSUED AT FRESNO MAIN OFFICE FRESNO CA DATE 6/30/2011 It w (CITY OR TOWN) (STATE) wQ OLD FIG LP 13/40023103 U O (CUSTOMER NAME) (CUSTOMER NUMBER) C >- ** THIRTEEN THOUSAND DOLLARS AND NO/100**********************6R *13 ** OLLAS $* -000.00 C HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK &TRUST PAYABLE TO CITY OF FRESNO OR ORDER UPON MATURITY 'QAS HEREINAFTER SPECIFIEDAND UPON PRESENTATIONAND SURRENDEROFTHIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. F F'1 ~ THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS IJ.r 0 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 Q RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY,OR(B)UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF %PER ANNUM FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL BE PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN L INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS l� BANK.THE RATE OF INTEREST IS SUBJECT TO CHANGE BY BANK WITHOUT NOTICE,TO THE EXTENT NECESSARYTO COMPLY WITH ANY LAW OR GOVERNMENTAL REGULATION AFFECTING THE DEPOSIT. AUTHORIZED SIGNATURE OPS-11051091 Account Number. i 34on?.-ii n i SecurityAmount:.$13,000.00 ASSIGNMENT (Early Issuance of'Building Permit Agreement) SECURITY FOR: OLD FIG LP 5ft.7. Ole( hereinafter called ASSIGNOR, whose principal place of business is: Street City Statim 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 evidenced by _ L16 in the amount of /: ,�0 Number 1.340023103 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 bythe 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 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 Barak of this assignment, Dated this-,26? day of wee qaTKe',(&'ritle of Assignor RECEIPT`F0R NOTICE GP ASSIGNMENT__7 _ 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 30TH day of JUNE , 2. . 2011 CALIFORNIA BANK & TRUST 7060 N FRESNO ST FRESNO CA 93720 Bank Name Branch Location State By N4rW Title of Officer OANN PRICE - VP & BRANCH MANAGER