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HomeMy WebLinkAboutT-5997 - Cashier Memo - 1/12/2012 City of � Z MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREET-FRESNO,CA 93721 DATE: January 12, 2012 TO: MARY BAKER Public Works Department FROM: JONATHAN BARTEL Development and Resource Management Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5997 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$219,000.00 2. Payment Bond in the amount of$115,500.00 3. Cer'ti'ficate of Deposit in the amount of$12,000.00 (California Bank&Trust) 4. Check in the amount of$30,698.20 (California Bank &Trust No. 6789) 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 CRY of rn �. MEMORANDUM DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT-DEVELOPMENT SERVICES DIVISION-2600 FRESNO STREE-FRESNO,CA 93721 DATE: January 10, 2012 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. 5997 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: $219,000.00 2. Payment Bond in the amount of: $115,500.00 If you have any questions, please contact me at 621-8076. Thank you, Jonathan Bartel R!l K M / GEMFNT DiVISION Approved Ap roved IGhanges: Sig d DC': Bond No.: 783336S Premium: $2,190.00/2 years I subject to renewal SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and DeYoung Properties 5581 L.P., a California Limited Partnership ("principal")will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as I Subdivision Agreement for the Final Map of Tract No. 5997 , is hereby referred to and made a part hereof;and _ i I Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Developers Surety and Indemnity Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of 1 Two Hundred Nineteen Thousand and 00/100 dollars ($ 219,000.00 } 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 J 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. I I 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 December 20 ,20 11 Principal:DeYoung Properties 55.81 L.P.,a California Limited Partnership By: � M CJ CRY i I till P Cp Lui-v '1..-��b �-P�T+c^S 4 ti s S'LE �Jti�Rp _I (Principal) R� �ovrsG Of-, F�7 �, Surety: to ers Sure In Comp ny By: ( r yne m or ,y-in-Fact i i � I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On December 20, 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. VL OF KIMBERLY WILSON COMM.#1885445Lo NOTARY PUBLIC-CAL4FORNIA N N " FRESNO COUNTY a � IF59 My Comm.Exp. April 10,2014 �Sign ture of Not AL 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-►cw 24 wood POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND 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 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 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 Attomey,qualifying the allorney(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 SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th,2011. By: � Ninao-, SPAN Y Daniel Young,Senior Vice-President ?J4`: "p 0R" F ` VO PO 'c y} 40� Arm SOA Hq� 9 x f OCT. = OCT.5 O .LU 1 D By: :n.c Steve A.Tvedt,Vice-President c',, i 9 3 6 a` p 1967 y'��P•../0Wt;,..�2.; q�/FOPS\ a State of California yt County of Orange On October 4,2011 before me, Antonio Alvarado,Notary Public Dale Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to _ the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized ANTONIO A VAE3ADOcapacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of � I which the person(s)acted,executed the instrument. n+ COMM.#1660643 NOTARY PUS CAUDA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is t4 ORANGE COUN ' true and correct. r My comm.mores Aug.9,2013 WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attomey 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 20tHay of December, 2011 By: "Gregg Okur , istant Secretary ID-1380(Rev.10/11) _ I I Bond No.: 783336S Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND i Whereas, the City Council of the City of Fresno, State of California, and I DeYounq Properties 5581 L.P.,a California Limited Partnership 1 ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements,which agreement, i identified as Subdivision Agreement for the Final Map of Tract No. 5997 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 i 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 Hundred Fifteen Thousand, Five Hundred and 00/100 dollars ($ 115,500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and 1 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. i I 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 fife 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 December 20 , 20 11 PrincipalQD ung Properties 5581 L.P., a California Limited Partnership rincipal) r► �� '� � Surety:D I ers Surety a ndem Com an i By: ( ur y) ayne Vmb,Attorney-in-Fact i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On December 20, 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. ScfL SFr �KIMBERLY WILSON WITNESS my hand and official seal. COMM.#1885445 co r - NOTARY PUBLIC-CALIFORNIAN FRESNO COUNTY ALF-aye My Comm. Exp• Apr:110,20f4eA_kikq/ L2 ignature o1 lotary 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) r 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 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 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 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 allorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and,attested by their respective Secretary or Assistant Secretary this October 4th,2011 By: �L2V ,",.i'AMO'��a,, �QANyO Daniel Young,Senior Vice-President ;.a4`; pkq o SPO � q��y OCT. c Z ? OCT7 0 �� (/L 10 n� � O By. =a`; 3936 so- lu 1967 __0Steve A.Tvedt,Vice-President '�, IF 0 State of California County of Orange On October 4,2011 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Steve A.Tvedt Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to r the within instrument and acknowledged to me that he/shelthey executed the same in hismer/their authorized } ANTONIO ALVARADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of 1� t which the person(s)acted,executed the instrument. COMM,#1860643 NOTARY PUBLIC CALIFORNIA� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTYr}` true and correct. My conom.exPires Aug.9,217131 WITNESS my hand and official seal. Place Notary Seal Above Signature 6�4�' Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attomey 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 20thay of December, 2011 By: Gregg Okur , istant secretary ID-1380(Rev.10111) Company Profile Page 1 of 2 Y 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 Agent for Set-vice 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 thelob ssary. 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=100... 1/11/2012 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 Mea Last Revised-May 26,201101:14 PM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_proVp_EID=100... 1/11/2012 �• •• n• •• -•. IK DeYoung Properties- Team S �� Cafifnrnia Bank 8 Trust •- -• - �_ 2109 W:Bullard Surte:•I N r� 7060 N.Fresno Street Fresno.CA 93720 Fresno, C4 93 11 t�-zoo (5591435-0900:: �• -- - 12t0 , DATE CHECK N0. AMOLIIV : January 90, 2012 6789 ********$30,698 26 par******* thoand six hundre '�"rn�ty-eight dollars and 20 cents PAY TO THE City Of Fre! no ORDER OF: SECU 'RY FEATURES INCLUDED.UETAIr-S ON BAOK Ul - - -- 11300000678911' 1: L2LOO 20421: L34053453L1i' De Young Properties Team S FRESCITY City of Fresno .:)*_bIP•,AMOUNT,. DEDUCTION BALANCE 1-10-12 011012 5997 30698 .20 30698 .20 B CHEC F DATE 1-10-12 NUMBER 6789 TOTAL, 30698 .20 30698 .20 PLEASE DETACH AND RETAIN FOR YOUR RECORDS W AUTOMATICALLY RENEWABLE IFFICE CALIFORNIA,�BANK U TRUST U ISSUEDWA \ DATE `� J ww \ - (CITY ORTOWTATE) w UO C T MER NAME) (CUSTOMER NUMBER) 1 F- DOLLARS $ l�r F w D HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO �' YOR ORDER UPON MATURITY Qrn AS HEREINAFTER SPECIFIED AND UPON PRESENTATION DSU ENDER THIS CERTIFICATE,PRO ERLY ENDORSED,AT THE ABOVE OFFICE. aO THE MATURITY OF THIS CERTIFICATE WILL BE �FTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS y 0 UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORI INAL 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 0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDE,�6Q FOf TENT. 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 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. UTHORIZED SIGNATURE Account Number:_ Security Amount: (Subdivision Agreement) SECURITY FOR: DeY:outig`=Propetties �l L-10 hereinafter called ASSIGNOR, whose principal place of business is 2109 W. Bullard, 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 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 W 77IOUIT 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 Bank of this assignment. Dated this day of Name 8 'itle of ssignbr Jerry A. DeYoun President ................................ ... . 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. v,�/ Da ed s _ l day of_D �'� ` 1 Ct 01'� �� � Bank Name Branch Location City State B � (). �.lry(/ Name Title of officer