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HomeMy WebLinkAboutT-6033 - Cashier Memo - 2/19/2015 City of MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: February 19, 2015 TO: ROSEMARY HERNANDEZ Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 6033 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$2,614,000.00 2. Payment Bond in the amount of$1,376,000.00 3. Certificate of Deposit in the amount of$138,000.00 (California Bank&Trust) 4. Copy of receipts of credit card payment from Granville Homes on 2/19115 in the amount of $99,500.00, $77,000.00, $76,421.51, $47,000.00 and $74,500.00 totaling $374,421.51. 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684. Thank you, Jonatha artel City of MEMORANDUM PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: February 11, 2015 TO: LORI NAJERA Personnel Services Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 6033 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: $2,614,000.00 2. Payment Bond in the amount of: $1,376,000.00 If you have any questions, please contact me at 621-8684. Thank you, Jonathan Bartel w -"J RISK MANAGEMENT I�ISiDN rn Approved y pr ed W Changes [� zi NS s Dice � FTl Bond ND.:703641 S Premium; $13,070 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Fowler Development Com an Inc. a California Corporation ("principal")will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 6033 is hereby referred to and made a part hereof; and -" Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, Now, therefore, we, the principal andbevelopers Surety and Indemnity Company as surety, are held and firmly bound unto the City of Fresno('City"); in the penal sum of Two Million, Six Hundred Fourteen Thousand and OO/100 dollars($ 2 6� 14,oa_O,Oo 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 nofice 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 February 2 , 2015 , Principal; Fowler Development Company, Inc., a California Corporation By: (Principal) Sure Qevelopers Suret and ndemnity Cornpany By: t (surety)Cynthia Sauceda, tomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of On D<_�_ before me, LI �'GI �jjnnj , Dae Here Insert Name and Tr le of the Officer personally appeared Gl l C.L Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose names is/are subscribed to the within instrument and acknowledged to me that he/s4eAhey executed the same in his/he r!##eir authorized capacity(iees),and that by his/her4heir signature(4 on the instrument the person , or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws am- 'h'�l of the State of California that the foregoing paragraph LIANA LEYVA is true and correct. Commission#E 2078341 Notary Public-California a WITNESS My hand and official seal. Z Fresno County s Comm.My fa ices Au 17,2018 Signature Signature of Nota ublic Place Notary Seal Above OPTIONFtotfan Though this section is optional, completing this infoop can deter alteration of the docutnent or fraudulent reattachment of this for unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Othe han Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: _. , _ Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): __ Partner — Limited I I G eral Partner — ; i Limited !General Individual Attorn in Fact Individual Attorney in Fact I Trustee iGu dian or Conservator Trustee Guardian or Conservator i I Other: Other: Signer Is Represer g: Signer Is Representing: _-- ©2014 conal Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of FRESNO On February 2, 2015 before me, KIMBERLY WILSON,NOTARY PUBLIC, personally appeared Cynthia Sauceda, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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. KIM9ERf Y WILSON a Commission #2062659 WITNESS my hand and official seal. Notary Public- California Z z Fresno County > My Comm. l=xrcires Apr 10,201, 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. 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-1Cw 24(7100) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19125,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 hefeby make,constitute and appoint: ***Kyle Wilson,Cynthia Sauceda, Donna M Smith, DeAnna Slater,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 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 Attomey 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 1 st,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 adomey(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 hearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any band,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 Secfetary this November 21,2013. By. \ Gf 07,E � AND f��,.., 0.o?ANYp� Daniel Young,Senior Vice-President ;;���; pp�gT; �G pp PORN d, w 010T ` `~ OCT.5 ¢ n 6y: — v� 1936 Lo 1987 Mark J.Landon,Vice-President X30.'n W P = ab.` RL sF pRr� State of California A County of Orange On November 21,2013 before me, Antonio Alvarado,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J.Lansdon Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized r capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVARADO which the person(s)acted,executed the instrument. "(AMM.#2033&% NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE l",Ot,NTtf r5 true and correct. � My cmirr..axoas Aug.S.2017 �L W. L 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 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 sald 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 2nd day of February , 2015 Cassie J.Berrisfor , ssistant Secretary ID-1380(Rev.11113) Bored No.:703641 S Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Fowler Development Company, Inc., a California Corporation ("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. 6033 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, malarial 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 Qu Million, ThreeHuHundred Seventy Six Thousand and 001104 dollars ($ 1,376,Do4.0o �}, 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 m any suit brought upon this bond. Should the conditlon of this bond be fully performed, then this obligation shalt become null and void, otherwise it shall be and remain in fug 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 February 2 _, 2015 , Principal: Fowler Development Company, Inc., a California Corporation By. ri cipa Sur y evelo rs uret and I nit CoMPHY By: ( u ety) Cynthia Sauceda, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ------------ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document_ State of California } County of �C�C S no ) + On rC) � before me, �!L��'LL e.V l/q N YU {I C, , D to Here! sert Name and Title of the Officer personally appeared 1) oa—( J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono whose name'} is/aye subscribed to the within instrument and acknowledged to me that he/siae*tey executed the same i his/hetftheir authorized capacity(,and that b his/heWO4r signature�,d}on the instrument the person r, 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 that the foregoing paragraph LIANA LEYVA is true and correct. Commission#2078341 z WITNESS my hand and official seal. a -r Notary Public-California z z Fresno County ' M Comm.Expires Aug17,2018 Signature ,§�Ua__, - kA)m Signature of Notary'Tic Place Notary Sea!Above OPTIONAL Though this section is optional, completing this information c deter alteration of the document or fraudulent reattachment of this form to an nintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: _ Signer(s) Other Th Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ___ Signer's Name: I I Corporate Officer — Title(s): Corporate Officer — Title(s): 1 Partner — ; I Limited I I General Partner — Limited General I I Individual Attorney in FaX Individual Attorney in Fact 1 I Trustee Guardian or onservator Trustee Guardian or Conservator I I Other: Other: Signer Is Representing: _ Signer Is Representing: ._ IKI ©2014 National Nota ssociation •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of FREISNO On February 2, 2015 before me, KIMBERLY WILSON,NOTARY PUBLIC, personally appeared Cynthia Sauceda, 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. ., . K1M[jERLY WILSON Commission #2062859 Notary Public-California z �] r Fresno County My Comm.Ex Tres Apr 10 2ol S i gnatu a 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® A'T'TORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) CA-ICW 24(7100) 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,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 Attorneys)-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 Df 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 adapted 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 November 21,2011 By \ �� ANl3 jo,. QMpANyO� Daniel Young,Senior Vice President ;;aQ; gPORgr :tea T. 1n; 2 OCT.S O By' o� 1936 O 7267 Mark J.Lansdon,Vice-President .73 �OVa�, tl4 94IFO' Ck State of California qtr County of Orange On_ November 21,2013 _before me, _ ___ Antonio Alvarado,Notary Public Date Here Insert Name and Tide of the Officer m personally appeared -. Daniel Young and Mark J.Lansdor 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 helshefthey executed the same in hislherltheir authorized eaya. capacity(les),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ANTI J10 ALVgRAr}p which the person(s)acted,executed the instrument. COMM.#2€133555 NOTARY PUBLIC CALIFORNIA 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COLINV true and correct. My comm,erptres Aug.9,2017 WITNESS my hand and official seal. Place Notary Seal Above Signature 6 _ Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND 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 2nd day of February 2015 By. Cassie J.Berrisfor , ssistant Secretary ID-1380(Rev.11113) W AUTOMATICALLY RENEWABLE 4 C B CALIFORNIA BANK Tnvsr TRUST FRESNO MAIN FRESNO CA 2/5/2015 Y ISSUED AT OFFICE PATE j (CITY OR TOWN) (STATE) W FOWLER DEVELOPMENT COMPANY INC 5790400435 u Q (CUSTOMER NAME) (CUSTOMER NUMBER) j r **ONE HUNDRED THIRTY EIGHT THOUSAND AND N0/100*************** DOLLARS $**138,000.00** w I HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO CITY OF FRESNO OR ORDER UPON MATURITY Q 0 AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER DFTHIS CERTIFICATE,PROPERLY ENDORSED,ATTHE ABOVE OFFICE. n THE MATURITY OFTHIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS Z UNLESS:(A)AT LEASTTEN DAYS PRIOR To SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENTWRITTEN NOTICETO THE PAYEE OR OTHER HOLDER THfN bESIGNATED 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 SURRENDERED FOR PAYMENT- SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF %PER ANNUM N FROM RATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVIDED,AND SUCH INTEREST WILL I BE PAID OR CREDITED AT EACH SUCGESSiVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN F 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 OPS-1{05109) Account Number: 5790400435 Security Amount: $138,000.00 ASSIGNMENT (Subdivision Agreement) SECURITY FOR: FOWLER DEVELOPMENT COMPANY,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 $138,000.00 number 5790400435 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 6033—Fowler Development Co.,Inc. -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 4t° day of February ,2015 Fowler Development Company,Inc. a California Corporation (�4 By: Derek W.Hayashi,CFO 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 5TH day of February ,2015 California Bank&Trust, 7060 N.Fresno Street Fresno,CA 93720 Bank Name Branch Location City State C ,!] By Name Title of Officer KRISTI SCHULTE CSM & VP CITY OF FRESNU PARKING CITY OF FRESNO PARKING 2500 FRESNU SI FRESNO, CA 93721 CITY OF FRESNO PARKING 2600 FRESNO ST 559-621 8803 2600 FRESNO ST FRESNO, CA 93121 FRESH9- CA 93721 559-621-8803 559-621-8843 Merchant IF: ]910130319602 hlevchant 10: 1910130319602 Merchant ID: 1919130379602 Sale Sale Sale unny"U2064 A111H111113083 mummI4523 AIX Entry Method; Swiped VISA Entry Method; Swiped 00 Entry Method: Swiped Total; $ 76,421.51 3915&N Total; $ 77,000,00 Total; 02i19/15 11:43,32 0219/15 11;41;02 02/1915 1141;40 Inv : MR Opr Cade: 519004 Invi; 000001 Ap;r Code: 511448 IrA 000002 Appr Code: 080490 Apprvd; Online Batcha: 9412 $atch�: 000412 Apprvd: Online Batch: 000412 AQprvd: Online (,fI., 4N r/1U-f �u�iLL 6Z41y ,// - I ".gree to ode alo.t to Lal 6.unt C r �jL_(� acrordine to teed issuer eyrcrwent I agree to Par above total amount I agree to Par above total amount according to card issuer agreement (Merchant agreement if credit vour_heri according to card issuer agreement (Merchant agreement if credit voucher) (Merchant agreement if credit voucher} __ �_ ___ _.._»». __ e-41OPEZ�CRIST .A ---------------" LOPErC ISTINA G Merchant Copy LINGENFE" iC Merchant CoPv THAM( YDu! Merchant COPY THANK YOU' COME AGAIN' THAW YW COMF AGAIN! COME AGAIN! CITY OF FRESNO PARKING CITY OF FRESNU FARKING 260W FRESNO ST 2500 FRFSNU ST FRESNO, CA 93721 FRESNO, CA 93721 559-621 8003 569-621 WU3 Merchant 10: 1918130319602 tferchant !h: 1910130319602 Sale Sale laaxalmal,511 mulla 2088 ItgSTERCM Entry Method: Swiped VISA Entry Method: Swiped Total: $ 47,000,00 Total: $ ?4,5K.00 021945 114210 02/19/15 11:42;18 InA 000004 Wr Code: 0487$2 Inv#: 03 Appr Cade: 0657K Apprvd; Online Batcha; 000412 Apprud: Online Batcha; 000412 G a Aiv✓I 1,1-6 G 2,4N✓1U-r I agree to Pay above total amount I aatee to Pay Above toial amount according to card issuer agreement according to card iszuer agreement (Merchant agreement if credit vraicher) (Merchant agreement if credit voucher) y . LOPELtR151INA G LOPE 'TINA Merchant copy Merchant Copy LHANK YOU! THANK YUU! COME AGAINf CONI AGAIN!