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HomeMy WebLinkAboutT-6044 - Cashier Memo - 1/15/2015 101 MEMORANDUM rn- :=.VA. PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: January 15, 2015 TO: MARIE GERDES Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: REVISED SUBMITTAL OF PAYMENT FOR TRACT NO. 6044 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$875,000.00 2. Payment Bond in the amount of$460,500.00 3. Certificate of Deposit in the amount of$46,000.00 (California Bank&Trust) 4. Copy of receipts of credit card payment from Granville Homes on 1/6/15 in the amount of $95,000.00, $70,000.00 and $32,063.29 and on 1/15/15 in the amount of $1,070.00 totaling $198,133.29. 5. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8684. Thank you,, Jonathan artel Cltyof MEMORANDUM FRES a ,r PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 a � C— DATE: January 5, 2015MP = .t TO: LORI NAJERA . Personnel Services Department r rY� FROM: JONATHAN BARTEL Public Works Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 6044 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: $875,000.00 2. Payment Bond in the amount of: $460,500.00 If you have any questions, please contact me at 621-8684. Thank you, Jonathan Bartel fIt'll- RISK 'll-GIST[ MANAGEMENT I VISIDN pproved p r d w/Change7iL L] r S 51g Bond No.: 784957S Premium: $8,750.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Granville at Barstow, Inc.,a California Corporation ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said ag'reement, identified as Subdivision Agreement for the Final Map of Tract No. 6044 is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and_Developers Surety and In Company as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Eic}lit Hundred Seventy Five Thousand and 801100 dollars ($ 875,000,00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, cur 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_May 5 2014 Principal:Granville at Barstow, I n-c., a California Corporation By- Sur y Suret : ve opors Sjurety and Ind r)ni Corn a By_ L r�(cLr .' {Surety Cynthia Sauceda, A orney-in-Facl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On May 5, 2014 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. w K i1lY WfLSON WITNESS my hand and official seal. CoMMNnlon 2t?8?.858 r •.;y NealyPublic•CalifoFala Frasno COLInly COMM.Explrat A r 1Q,Z018~ CA Sidi tore 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-IMV 24(7/00) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Kyle Wilson, Cynthia Sauceda, Donna M Smith, DeAnna Slater, Wayne Lamb,jointly or severally*** as their true and lawful Atlorney(s)-in•FacL 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 Affomey(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,bul 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 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 November 21,2013, By -/ -- t6' _ ,,. �y Rif i' • PANYox, Daniel Young,SenioPresident VL 91 '.F��•:: �C� ©psP0;q 4i;=tt3 rF`s- QCT. c: OCT 5 Q�0 10 �Y 01 1 936 .;�a 0` 1947 Mark J.Lansdon,Vice-President '-.?.���.how�.•••���.•'' � R��a=a�+� State of California ............ 00 County of Orange 0� y November 21,2013 ��. before me,- _._ Antonio Alvarado,Notes Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark J.Lansdon 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 hislher)their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVARADO which the person(s)acted,executed the instrument. COMM.L 2Q33556 NOTARY PUBLICCAI.tFOR1ilA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is OPAMGE COUIPM true and correct. Wky oornm.o%WesAug.9,20 IT rsaupuffluWITNESS my hand and official seal .il�. 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 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 5th day of May 2014 Cassie J.Elenisfof , ssistanl Seuetary— ID-1380(Rev.11/13) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE¢118E z ca rrr�t e x r�r z �c r z c z r�rrs rr�x�cr ccscx r<e anrs r wgrewu:r14 State of California County of _ Fresno On _ i1$" Zo before me, Crist;ina G. Lopez, Notary Public r onto Here Insert Name and Title of the Officer personally appeared — Darius 8,Ssemi Nema(a)of s+s,,©rls) 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 CRISTINA G. LOPEZ his/herAheir signature(s) on the instrument the +•r ~ Commission # 2004143 person(s), or the entity upon behalf of which the Notary Public California A person(s) acted, executed the instrument. Fresno County My Comm.f:xptres Feb 12.2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _ Place Notary Seal Above OPTIONAL signaiuro of hoiArrPwc Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: — Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual 111.11E01911111111112MM191N.11112 ❑Individual ❑ Partner—❑Limited ❑General Tap of thumb here ❑Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator Y ❑ Other: _ ❑Other: Signer Is Representing: Signer Is Representing: .•^C'SS,Y-'C'Y-'c.?C=<>S'+<y't%G^t%Si.:.�.�y<r`'4�.."S-%CSC%('4+4'L%(9t%{i'S•.fv'+';'.'C.'c,{'.'«.'C�S'c%G'4{"SSdiYJ(7!' .'`f�y'.4(7(tdG . .' ')`'. 0 2010 National Notary Association•NationalNotary org•1-800-11S NOTARY(1-800-876-6827) Item 05907 Bond No.: 784957S Premium: Included SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Granville at Barstow, 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. 6044 ; 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 Devel tiers 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 Four Hundred Sixty Thousand, Five Hundred and 00/100 _ dollars ($460,500.00 ), 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 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 May 5 _ , 2014 . Principal:Granville at Barstowlnc., a California Corporation By: - �rincipal) Sure : Develo ers Surety and lnd nitv Comoang By r ff Surety) Cynthia Sauceda. Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FRESNO On May 5, 2014 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 capacily(ias), 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. laMBERLY wlLsoty WITNESS my hand and official seal. COW Mlksion N 2052858 x a ~a PlOWY Public•CNUornis z r Fresno County Comm.F Iris r 10 2018 Sign lure of Notary OPOONAL 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(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 SURETYAND 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 Ariorney(s)-in•Facl,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 Altomey(s)-i n-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 1si,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Exeou[ive Mce-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 atlorney(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 21,2013. By _ Gtr p7.� ,.,��"AHD" �•. ��IVAN Y O�c• Daniel Young.Senior Vice-Presidenta')o- -11. 00*PO p,y'111 Y r !� �,w OCT : t= z Z OCT-5 �� a '"' 1957 :1DBY 0 1936 ,? D Mark J.Lansdon,Vice-Presidenl State of California ,*,,,,,.•'' 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 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 his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVARADO which the person(s)acted,executed the instrument. COMM.#203355 .G NOTARY K"� � I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUtM true and correct, f My comm.ewooesAug.D,2017 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 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 5th day of May 2014 By. - — —— Cassie J.Berrisfor , ssss[ant Secretary ID-1380(Rev 11113) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Fresno_ On g c-nom ] .�,� before me, Cristina G. Lopez , Notary Public, Oa1r Insert Nama of N041r exactly as H appears on the ofriCie l seal personally appeared Darius Assemi �— Namafsy 4T algner(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 helshehhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the ,. CRISTINA G. LOPEZ person(s), or the entity upon behalf of which the person(s) Commission# 2004143 acted, executed the instrument. a is r Notary Public Cali}orris v a Fresno CountyI certify under PENALTY OF PERJURY under the laws of !µ Comm.Expires Feb 12.2017 N the State of Califomis that the foregoing paragraph is true and correct. J Witness my hand and �official seal. Plaoe Notary Seal Above Signature Signature of No ry utu+Cfc r - - - OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: _— Signer(s)Other Than Named Above: Capacitypes)Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Individual p Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Tltle(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney In Fact ❑ Attorney In Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Tap of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: _J Lia AUTOMATICALLY RENEWABLE F- C B CALIFORNIA BANK VTRUST TRUST E v ISSUED AT FRESNO MAIN OFFICE FRESNO CA DATE 6/30/2014 (CITY OR TOWN) (STATE) W W � GRANVILLE AT BARSTOW INC 1340593971 p (COSTO)AFR NAMIF1 ff;I15100AER NLFAIRF:H) V ~ **FORTY SIX THOUSAND DOLLARS AND NO/100******************** **46)000.00** } DOLLARS w mNAS Tn0AY REEN nFPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO CITY OF FRESNO OR ORDER UPON MATURITY Q U) AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE j O THE MATURITY OFTHIS CERTIFICATE WILL BE AFTER DATE AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS I.Er z UNLESS:(A)AT LEASTTEN 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 D 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 WRITTENv� fJ f yr� �y��-•� l� INSTRUCTIONS OF THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON THE RECORDS OF THIS •�!] // GG 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-1(05/09) I f i Account Number: Security Amount: $46,000.00 ASSIGNMENT (Subdivision Agreement) SECURITY FOR: GRANVILLE AT BARSTOW, INC. Hereinafter called ASSIGNOR, whose principal place of business is 1396 W. Herndon 0101, Fresno,CA1� 1 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 $46,000.00 number 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 6044 -GrW vi Ile at Barstow, inc. -Yearly 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 16th day of June ,2014 Granville at Barstow, Inc. a California Corporation By: (� Derek W. Hayash i,C A 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 30TH day of June ,2014 California Bank& Trust, 7060 N.Fresno Street Fresno CA 93 20 Bank Name Branch Loca ion City State By Name Title of Officer MARGIE HILLS VP & BRANCH MANAGER C1iY UI l-Rc-No PORCH(-, T I!J Ij(j 1 2600 FRESNO SI FRESNO, 0 93721 I 5b9-b21 W13 1 '.Y Merchant 10: 19101AM%U2 1 y Phone Order Phone Order Phone Order nou1; xu200 wwwoo0122 K'4 Entry Method, Manual ffiA Entry Method; Manual MASTERCARD Entry Method. Manual Total; s 32,63.2S TOIL al '4000-N Total: $ 95,0095,000,00o 18:B19 01/06/ls 1818:07 K06/15 18:&2s / Appr Code; 25�3 Appr Code: R280 In* 000009Appr Code: ;10? !w�i: '000011 �atchk� OWN h4 90,3010 000'X Apprvd: Online BatcW OWN Appr4 Online Apprvd: OnlineUC2 Code! MATCH M CID code: WN CVV2 code: MATCH M I agree to pY above total amount p an:, aro"'Aagreement J"r— I. acc.r di ng to —'11 {suer agr ding dIlrm Werchant agreement if credit vo-Ier /24/V �:I%e-6 (s kew V1 Ite V/U16 Hfupt Mel-111drt I-P' I.,-1 t1'11.1 jjwk1rK WW THAt'K YOU! jjjjkpo: MW CWL WAIN! COME AGAIN! CITV OF MSNO VW'NG wiv wil!" 2M FRESM S1 FRESNO, CA 93721 559-Uj-" Merchant ID: 1910130319602 Phone Order VISA Entry Method: Manual Total: $ 11030-00 01/15/15 11:205 In* NOR Appr Codic 19662D Apprvd: Online Batcha: 000390 AUS CO&: 21P MATCH Z UV2 Code: MATCH M I agree to Pav above total amount according to card issuer agreement (merchant agreement if credit voucher) V-H me'ef%ant cv�ly TIM YOO! DON KJAIN4