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HomeMy WebLinkAboutT-5211 - Cashier Memo - 10/23/2006 City of Y , PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division' Land.Division & Engineering Section DATE: March 30, 2006. TO: ROSIE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: LOUIS ROCHA, Senior Engineering Technician Development Department, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5211/UGM, PHASE 2 OF VESTING TENTATIVE MAP 5029 ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 52111UGM. 1. Copy of the Subdivision Agreement for Tract No. 521.1/UGM. 2. A DeYoung Properties - 'Team 5 company check in the amount of $ 217,370.89". representing 17,370.89 - representing total fees and charges due final map as noted of page 4 of 4 of the itemized Exhibit "B" at the rear of subdivision agreement.' 3. A California Bank Trust Certificate of Deposit in the amount of $ 14,000.00, which represents the five percent Performance Security, as noted on page 1, of Exhibit"A' at the rear of said subdivision agreement. 4. City's Faithful Performance Bondin the amount of $ 261,000.00 5. City's Subdivider's Payment Bond in the amount of$ 137,500.00 Please provide copies of the Cashier Memorandum for our records. If you should have any questions please feel free to contact me at 621-8074 ' Respectfully Lo a FTPWfEMO.DOC t , Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD X Passbook Other Deposited At: California Bank Trust Certificate/Acct. No: 1340015793 Deposit Amount: $14,000.00 Maturity Date: 9/4/06 Depositor: Name: De Young Properties —Team 5 Address: 2109 W Bullard, Ste 101 Fresno, Ca 93711 Street City/State Zip Job Address: Tract 5211 Received By: Rose Saldivar, Public Works Engineering Date: March 30, 2006 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip i N USE LY F� ANCE QlV { :w kS Y$i Accepted•By @ Y S`.. _ ..4.. Date. Released.By. �."" ryry E § k R r i fi Name s � .r Date ? ype of ReleaseIai�ettfae�i+re'red date .. Dai l acknowledge receipt oft heabove refereed ins# anent~ E E 93E Srrature Date Y- tti E E � Commenfis ■ Li AUTOMATICALLY RENEWABLE CALIFORNIAJBANK u Tnusr 'TRUST LL. }-• U ISSUED AT Herndon OFFICE Fresno, CA DATE March 8, 2006 eV w (CITY OR TOWN) (STATE) W %; -',DC 5029 L.P.) A California Limited Partnership*� UO (CUSTOMER NAME) (CUSTOMER NUMBER) `FOURTEEN THOUSAND DOLLARS AND NO CENTS 14,000.00%"-', a w DOLLARS $ C of Fresno-,,—,,- HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO Y OR ORDER UPON MATURITY = Q N AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE. /L O THE MATURITY OF THIS CERTIFICATE WILL BE SeD�, 2006 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS �j,y Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH ORIGINAL OR ANY EXTENDED MATURITY,THIS BANK HAS SENT WRITTEN NOTICE TO THE PAYEE OR OTHER HOLDER THEN DESIGNATED ON ITS RECORDS OF BANK'S ELECTION TO PAY THE DEPOSIT AT SUCH ORIGINAL OR ANY EXTENDED MATURITY, OR B) UPON OR WITHIN TEN DAYS AFTER SUCH ORIGINAL OR ANY PED 0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRE0ICIF*j:D�RWMENT, SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF �L VV OO�� %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. AUT RIZED SIGNATURE Assignment Form Page 2 Tract No. .' _ _ _ ' - ................_...................................._...... .:_::::_ . ::—.. - _.. .._.... .� . ...� _.... . ............................................... _..._. -....... ....i�iREC11E'TA' C : 48NI1 Receipt is acknowledged of the above assignment and the Certificate of Shares) identified in the above assignment. The bank named in the above assignment is hereby authorized-and directed to pay any earnings.on the above-identified account to the above-named assignor until otherwise notified in writing by the Public Works.Director of the City of Fresno. Dated this 30th day of larch, 2006, By Authorized Officer or Employee !Like Kirn Assistant Director of Public L'Jorks cSg (;2l-8721 Telephone Number For any question concerning this assignment transaction, please call upon the office of the appropriate..tficer shown herein. � $ w ' . The,.City of Fresno hereby requests:payment to be made to.the City of Fresno in the amount of from withdrawal of funds is that:amount from the Deposit Account identified in the above Assignment. Upon payment of such amount to the City, the.City authorizes_ to release. to Assignor all funds in the Deposit Account in excess of g and relinquishes all further right, title and interest of whatever nature. in the Deposit Account. Dated , By — Authorized Officer or Employee BJWbjw .e014--u nnC Modatad 02123/95) Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Faithful Performance Bond Deposited At: Developers Surety & Indemnity Certificate/Acct. No: 568371 S Deposit Amount: $261,000.00 Maturity Date: Depositor: Name: De Young Properties — Team 5 Address: 2109 W Bullard, Ste 101 Fresno, Ca 93711 Street City/State Zip Job Address: Tract 5211 Received By: Rose Saldivar, Public Works Engineering Date: March 30, 2006 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip i FINANCEUSE ONLY ii Name Date f released By h NarFte � Crate. ` `yp Qf Release-r"' Maued s Hand Qetluered ��ta v ;:6 iee nowledge receipt of the ab©ve referenced mstrumerit ,.4 h. 4 $tgna ur@Co : �kte J Bond No.: 5 6 AA 71 S SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and ("principal") will be entering T616 an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5211 , is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful perFormance of said agreement. Now, therefore, we, the principal and DEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal s of IWO H TNQRED SIXTY ONE THOUSANBbllars ($ 261 , 000. UU ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that If the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions In the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, Its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise It shall be and remain In full force and effect. As a part of the obligation secured hereby and In addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, Incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect Its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named, on MARCH 6 20 06 Principal 5029 LP sy: (Pr cip ) Surety: �S R ' ND INDEJANITY COMPANY By: (Sure ) YNTHIA SAUCEDA ATTORNEY—IN—FACT ■ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On MARCH 6, 2006 before me, DONNA M. SMITH, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared CYNTHIA SAUCEDA Name(s)of Signer(s) ® personally known to me -OR- ❑ 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 DONNA M.SMITH signature(s) on the instrument the person(s), or the entity upon COMM. #1563385 ; behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY WITNESS m h n and official se @I*Comm.Expires Apr.19,2009 Y •v�Tv Signature of Notary Public ----------------------------------------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: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ TrusteeElTrustee El Guardian or Conservator . ❑ Guardian or Conservator - ❑ Other. Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09100 p i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN 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: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, 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 suretyship 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 Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary 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 corporation 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 Executive Vice President and attested by their respective Secretary this I st day of December, 2005. By. �,.....A.ND�"' •, David H.Rhodes,Executive Vice-President .��t�,"""., !Np�%, GOMPAO F O'c Z ? 4 OCT. <3 Z ? OCT.5 �� -n CLU' 10 n e W 1967 By; 0� C, Walter A.Crowell,Secretary "',�7�•. /OW F,,•'�aa•• C/FOPS STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or 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. WITNESS my hand and official seal. GINA L.GARNER COMM. 1569561 SEAL NOTARY PUBLIU C CAUFORNA Signature ORANGE COUNTY 0-0— My Comm expires 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revokcd,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,the 6 TH day of MARCH 2006 By //J/ r Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Faithful Payment Bond Deposited At: Developers Surety & Indemnity Certificate/Acct. No: 568371S Deposit Amount: $137,500.00 Maturity Date: Depositor: Name: De Young Properties — Team 5 Address: 2109 W Bullard, Ste 101 Fresno, Ca 93711 Street City/State Zip Job Address: Tract 5211 Received By: Rose Saldivar, Public Works Engineering Date: March 30, 2006 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip to ' WV, �€'' >Pr a a. E !,51 5 a x n -61 Eeleased y c$'r v'f y £n e # k f Axa{rltf. 1.fi ah1,� 1V� +a `�`^ PtaA�u.3ms <'�a a.. . .. #. ^�:D eeF, ��.�>:•� � :.rx .. �... _� rvam° �� Type of Release: Ma►ie � verea a 2k�;5 E E RSC k Bake, a�a.,a-,.. �s_. .,.... �:���,� �,��.,. , •.�. Gate r `ackhdwlectge rete"rpt of the:above refe en�e instrurnen R E 51 : InQt�re4 M w, z ER y� 14, Comments Bond No.: 5 6 8.3 71 S SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and _DC 5029 LP ("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. S21 1 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, materialmen, 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 HUNDREn THI$TV SFURN THf11TRAND EIVE 14TIN *93rs ($ ), for materials furnished or labor thereon of any kind, or for amounts due under t Hemp oyment 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 be n duly executed by the principal and surety above named, on . MAPH 6, 20_0 6 Principal: By: (Princl Sure RS SUR AND INDEMNITY COMPANY By: (Surety VCYNTHIA SAUCEDA ATTORNEY-IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On MARCH 6, 2006 before me, DONNA M. SMITH, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared CYNTHIA SAUCEDA Name(s)of Signer(s) ® personally known to me -OR- ❑ 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 DONNA M. SMITH signature(s) on the instrument the person(s), or the entity upon roMyCOMM. #1563385 behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA FRESNO COUNTY Comm.Expires Apr.19,2009 WITNESS my h d and officials I. Signature of Notary Public ----------------------------------------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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee - ❑ Guardian or Conservator - . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: TO of Thumb here Signer Is Representing: Signer Is Representing: L 09/00 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN 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: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, 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 suretyship 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 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 Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary 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 corporation whcn 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 Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. p..nuuu..,,,��� BY .��.1••AND. � OMPAN y p� David H.Rhodes,Executive Vice-President ••••,yJp•o�QO F .,�, ; �PpoRq O OCT.5 0 � = 10 e n iE u� 1967 ZD B 205 1936 y Walter A.Crowell,Secretary :�'�. /Oyy p••.��aa �Z/FOPS STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Garner, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or 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. WITNESS my hand and official seal. GINA L.GARNER COMM.# 1569561 Signature (SEAL) NOTARY PUBLIC CALIFORNIA 0-7�y ORANGE COUNTY conn ex m 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and 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,the 6 THday of MARCH 2006 By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05)