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HomeMy WebLinkAboutT-5283 - Cashier Memo - 10/10/2006 City of _ r 1-- \ DATE: August 11, 2006 AUG ZCC6 TO: Rose Saldivar Public Works Department FROM: JONATHAN BARTEL Planning & Development Department, Building and Safety Services Division SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NO. 5283. ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5283. 1. Performance Bond in the amount of$10,800.00 2. Payment Bond in the amount of$5,400.00 3. Performance Bond in the amount of$854,500.00 4. Payment Bond in the amount of$440,000.00 5. Performance Bond in the amount of$95,400.00 6. Payment Bond in the amount of$60,450.00 7. Performance Bond in the amount of$893,300.00 8. Payment Bond in the amount of$459,400.00 9. Performance Bond in the amount of$91,000.00 10. Payment Bond in the amount of$58,250.00 11. Check in the amount of$102,000.00(Bank One, NA No. 00541050) 12. Check in the amount of$282,688.71 (Bank One, NA No.00529871) 13. Copy of the Subdivision Agreement for Tract No. 5283. The total charges are more particularly itemized in Exhibit "A" and Exhibit"B" of the Subdivision Agreement. If you have any questions please contact me at 621-8076. Th k Yo/u, - Jonathan Bartel 88C) rq cqoOoo800 $ oNo8e8eooe8 - o $ o88C O It a z O O - In O o O In O r O N In In N O Op OO N a m r1 m O m O oo �n N m �C m of 7 7 a V 0 C •O 1� vi p `n3 V1 v1 N 7 •O ni - m In v1 N r• o0 0o m N oo N 7 •O N - O m O ami t,•, CL w it g 7J M � �, Q 'n UJ W F ❑J F y9 vi ?''` z v w Pa rj a4 C.D w C�7 � UJ ana z N ' ¢ O �4 F LU PG Y u. oG V s U UJ m m Wa' v uwF. U. F-- °� Q Z 3 U. U vFi F, [p z z oG uj cn F UJ 0.' cn F. LU F Z U uJ F„ N N �, Lc. O W F N N N N L[7 PG LL ¢z p( LL O r'. 'IT Q [�cl FCG-. Q Q O f3� ¢ F" F, C] Q C] Q F Q CLQ W Fk7-. QQ [zl Q In �:s.,. � G�[.l � PG U � F U U �¢+ � .�: PUG 0. z [Wy U U U U � ¢ � PSG 0 � Q •`�. 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No: 731099S Deposit Amount: $854,500.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip INAIRM Gpt .i Name,,':' Date€; R is .l Nlaiteet> -t' ] y s i refit crthtereirst � s J y.� Y Executed in Duplicate Bond No.: 731099S Premium $ 8,545.00/ 2 years SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("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. 5283 Is hereby referred to and made a part hereof; and Blossim Hill III, Well Construction 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 Comga;iy as surety, are held and firmly.bound unto the City of Fresno ("City"), in the penal sum of Eight Hundred Fifty Four Thousand Five H mdrPd * dollars ($ 95A,500.00 ) 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 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 July 1�_, 20_ -L. L nar Fresn , Inc. , Principal a ' orporation By• cip Sure • Dev. ers Surety and Indemnity Company By:_ (Surety) Rosa E. Rivas, Attorney in Fact *- and 00/100 State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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 instrumen J. WRAGAN Commission# 1635125 WITNESS my hand and official seal. O.' My Notary Public-CaNfornla Orange County Signature Comm.Expires Jan 5,2010 J.Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) L IMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno _ On July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darryl S. Denius 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. cor moo s 1601712 Noun PUAC-CapfoeNc Fine CouW *C0ffM 8q* tAW 19,x009 Signature_ � �/�_ (Seal) Finance Control No. City of Fresno Security Deposit Form To: Finance Department -Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Faithful Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731099S Deposit Amount: $440,000.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street ©, City/State Zip d, C IQ1Gete By4 y' Name': v�"a ,dam •' r ; Fle�s�l°By.. ,mayma x„ f }� s mad, paw ,t jeso#�R :I+ �S + xx'. iard az <Delii/et� Dates IW y� RlR:4Y�'VWt.I � t � z"X r�iR �i �t�i. � f f Ir; E 4 F f4�''AP �y�y t 'Executed in Duplicate Bond No.: 731099S Premium included in Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and _ Lennar Fresno, Inc. ("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. 5283 , Is hereby referred to and made a part hereof; and Blossim Hill III, Well Construction 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 Four Hundred Forty Thousand and 00/100 dollars ($44n,nnn_on ), 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 Jul 3 20 06 4al;, aFre4a/corpgration Inc. Principal: Sy: (P cipa urety• D ve ers Surety-and Indemnity Company By: (Surety) Rosa E. Rivas, Attorney in Fact. State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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. J. RARRAGAN Commission# 1635125 WITNESS my hand and cial seal. Notary Public-California Orange County 01MV Signature Comm.Expires Jan 5,201 0j J.Barra (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno On July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darryl S. Denius _ 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. commas ^ #r 61712 Notary PubNC-caftmfo y� Pram Courdy MVCWmAU91q.2oo9 *8 Signature � � (Seal) 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: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Jane Kepner, Nanette Myers, Jeri Apodaca, Rosa E. Rivas, Grace Reza, Rachelle Rheault, 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 I,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. C:aJeZD__ BY: AND OMPANV n David H.Rhodes,Executive Vice-President 0PP0F? C, 5 :Qu', '; 10 1So7 B =o:. 1936 Walter A.Crowell,SecretaryIFO '••�7�........... A 'la•� � j 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.U CAUFO 1 Signature � _ (SEAL) NOTARY PUBLIC COUNTY NA ORANGE COUNTY conm expire 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 13 tNay of July 2006 By Albert Hillebtand, Assistant Secretary ED-1380(Rev. 12/05) Companv Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service 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 the glossary. SURETY Company Complaint Information Company,Enforcement Action ;Documents Company-Performance & Comparison.Data Composite Complaint Studies Want More?' http://interactive.web.insurance.ca.gov/webuser/idb_Co_prof_utl.get_co_prot?p_EID.=10... 08/03/2006 Company Profile Page 2 of 2 Help_Me Find a_Company Representative in_MY-Area Financial Rating Organizations Last Revised-June 20,2006 08:23 AM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/�vebuser/idb_co_prof utl.get_co_ roVp_CID=10... 08/03/2006 Finance Control No. City of Fresno Security Deposit Form To: Finance Department -Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Faithful Performance Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731101 S Deposit Amount: $893,300.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FII`iACE l lad OILY" `k AcqM M1laRne � _ `[1ate�. Iwe���. Narita*: oate> Gatet er- I a �dowreceipt tt�a a re ee. dhesteo � p �+ F i � ttornM e"ntsi EXECUTED IN DUPLICATE Bond No.: 7311015 Premium:$8,933.00/2yrs. SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal') will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5283 Is hereby referred to and made a part hereof; and Street & Storm Drain Construction — Blossim Hill III Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Developers Surety. and Indemnity Com_p�any as surety are held and firmly bound unto the City of Fresno ("Ci in t e penal sum of Eight Hundred Ninety Three ThousanA Three Hundred and No/100----- dollars ($ N� 30.00 _-) 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 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 July 13th. Zp 06 Len resnoT c. Principal: aX if r ion By: Zers Surety and Indemnity Company By: rD�c,¢,� (Surety) Rosa E. Rivas, Attorney—In—Fact ACKNOWLEDGEMENT State of California County of Orange On July 13 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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 instrumen j. BARRAGAN WITNESS m hand and official seal. Commission# ' 635t2S Y ONotary Public-California Orange County Signature My Comm.Expires Jan 5.2010 J.Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED P GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP 16 ACKNOWLEDGMENT State of California County of Fresno On July 18, 2006 before me, Alan T. Nelson, Not; r _Public (here insert name and title of the officer) personally appeared Darryl S. Denius 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. ComrrMuM# 1601712 Nrolon,Rtft-COWWO Fresno County Signature �MComrr''esAug 19'2o0� (Seal) 4 f Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Faithful Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731101 S Deposit Amount: $459,400.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip F y � � ciip6 t a 7y`�J Y r Y E 1 i t None, I �`ad r - E �/ A err { iVerrte= 4Vpt6: l. TyW f Release:. mafle.a: Hand;;3bilarered :t? Gate ' Date' E taaude#reeipaf thiabmnrrfinrd instrrer4 s Sir" reg Qat Qr1 t len i EXECUTED IN DUPLICATE Bond No.: 731101S Pemium included in Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("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. 5283 , Is hereby referred to and made a part hereof; and Street & Storm Drain Construction — Blossim Hill III 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 Four Hundred fifty Nine Thousand Four Hundred * dollars ($459,400.00 ), 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 terns 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 Jul 13th 2006 Lennar e o Inc. Principal: a Cali is ti By: (Principal) Sure • evel�rs retry and Indemnity Company (Surety) Rosa E. Rivas, Attorney—In—Fact * and No/100----- State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E. Rivas 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 acknowledge 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 instrumen J BARRAGAN WITNESS my hand and Official seal. Commission# 1635125 .s Notary Public•California Orange County Signature my Comm.Expires Jan 5,2010 J. Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067IGE 1166 FRP 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: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Jane Kepner, Nanette Myers, Jeri Apodaca, Rosa E. Rivas, Grace Reza, Rachelle Rheault, jointly or severally*** as their true and lawful Atiomey(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 perforin 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. O By: ``•,a••AND " PAN V l David H.Rhodes,Executive Vice-President .�Q��•............./NSF°• GO PpOq C eIh Co y' 4 F c?►� =O �O Ir. OCT. i< OCT.. ^ w' 10 i c�E 1967 By: °�> 1936 ti q A a Walter A.Crowell,Secretary '.;'7••,./pyyp /FO • aa,•'�- � � ,�dp .. .... °��,r STATE OF CALIFORNIA COUNTY OF ORANGE On December I,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 histher/their authorized capacity(ies),and that by hisiher/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. CAUFO 1 Signature ��_ (SEAL) � NOTARY PUBLIC CAUFORNA ORANGE COUNTY MY tbmtm.expim 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, docs 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 13thday of July 2006 By Albert Hillebrnnd, Assistant Secretary ID-1380(Rev. 12/05) i ACKNOWLEDGMENT State of California County of Fresno on July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darrvi S. Denius _ 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. L WITNESS my hand and official seal. l commwionssaoi712 -. Notary Pubic-CCWO uo FMno county - Signature ` _ �MConte.Exoes Au9 t 9,2009 (Seal) e 1'4 or Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service 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 Dines 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 the glossary. SURETY Company Complaint Information Company Enforcement Action Do-currents Company__Performance&Comparison_Data Composite-Complaint_Studies Want More?` http://interactive.web.insurancex,a.gov/,,vebuser/idb_co_prof utiliget.coLprc f?p_`EI:IIF-10.:..=-.-.08103/2006 - i Company Profile Page 2 of 2 Help Me-Find a_Company_Representative in My Area Financial Rati;ii Organizations Last Revised-June 20, 2006 08:23 AM Copyright©California Department of Insurance http://interactive..web.insurance.ca.gov/webuser/idb_Co_prof_udget -co,,_praf?p_EHD=10--, 081O3/2D06 Finance Control No. City of Fresno Security Deposit Form To: Finance Department -Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Faithful Performance Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731098S Deposit Amount: $91,000.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip INASC. 1''S'" 'ONLY t Accepti3dl Bye. Iht1f1 dalt8.w e` fed SY . Name ISW RISG'::?f t�taited M�rut3pltwetecf LateData 1 [+etlger �c "trat :fe� rrcedrrstr man f Rom! D cbmment9l.- ` Exr ited `ir.. Duplicate Bond No.: 7310985 Premium $ 910.00 2 years SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc- ("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. 5283 is hereby referred to and made a part hereof; and Blossim Hill III, Water System Whereas, principal Is requlrea 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 Com122ny as surety, are held and firmly.bound unto the City of Fresno ("City"), In the penal sum of Ninety One Thousand and 00/100 dollars ($ 91 ,Q00.00 ) 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 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;eytension 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 July 13 , 2006 Len r Fresno nc , Pri?cIpaa f n' ratio ) By Su o s Suret and Indemnity Company f�7 By: (Surety)Rosa E. Rivas, Attorney in Fact State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J. Barragan,Notary Public , (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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 instrumen J. BARRAGAN Commission# 1635125 WITNESS my hand and official seal. Notary Public-California a Orange County Signature My Comm.Expires Jan 5,2010 J.Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno on July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darryl S. Denius 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. jFU-VVWITNESS my hand and official seal. canm"ion #�712 J61MV0X=-EXPM*AU91 Noon►Pubic-COMM" ROM COUfft Signature ,� ---- 9, I (Seal) Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Faithful Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731098S Deposit Amount: $58,250.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip r 0 tiame Date-. , .n; y E > ele d.By� twine ©ate Ty,pe�af-Rblease" n�rau d Hard DN" ed:, 8ter Date re + p ,ofi�rrefeeceinsra ` E Exet-uted in Duplicate Bond No.: 731098S Premium included in Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5283 , is hereby referred to and made a part hereof; and Bloss im Hill III, Water System Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now,therefore, the principal and Developers Surety and Indemnj ty Company-' omtanv , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to In Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Fifty Eight Thousand Two Hundred Fifty and 00/100 dollars ($ 58.250.00 ),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 July 13 20 06 . Lennar sno, . , Principal:a Ca f rn' tion Sy: (Princip Sur •Dev 1 per urety and Indemnity Company (Surety) Rosa E. Rivas, Attorney in Fact State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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 instrumen J. BARRAGAN Commiaslon# 1635125 7t WITNESS my hand and official seal. JNMYNotary Public-Callforr Orange County Signature Comm.Expires Jan 5,2010 J. Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED P GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno on JUIY 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darryl S. Denius 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. NMI I NELSON WITNESS my hand and official seal. CoMn Ion*1601712 Nolary RAft-CoWMIC Fm E CourNy Signature �C� �19,� (Seal) 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: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Jane Kepner, Nanette Myers, Jeri Apodaca, Rosa E. Rivas, Grace Reza, Rachelle Rheault, 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 I,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. C:] By: �y AND/,y'• MP AN Y 0 David H.Rhodes,Executive Vice-President . Q��,..• ' 0, GO PpOq^� VLPORgT:,ajy;� VO F l OCT. = z OCT. ° o "'= 10 e n. ,y 1867) By: oma. 1936 Walter A.Crowell,Secretary ;�7�, /Ow P,,,.�aa,, C/F-0 ' STATE OF CALIFORNIA COUNTY OF ORANGE On December I,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 am COMM.# 1569561 Signature (SEAL) NOTARY PUBUC CAUFORHA ORANGE COUNTY w eomrn expire 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 13 tNay of July 2006 By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable_to_Locate the Agent for Service 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 the glossary_. SURETY Company Complaint Information Company_,Enforcement_Action.Docu_ments Company-Performance& Comparison Data Composite Complaint Studies Want,More?' http://interactive.web.insurance.ca.gov/Nvebuser/idb—co_prof utl.get_co_prof?p_EID=1.0:.. 08/03/2006; Company Profile Page 2 of 2 Help Me Find..a_Company_Representative inmy Area .-Financial Rat-ine Organizations Last Revised-June 20,2006 08:23 AM Copyright©California Department of Insurance http://interactiN,e.web.insurance.ca.gov/webuser/idb_co�nrofutl.get co_prof?p_EID=10... 08/03/2006 Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Faithful Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731102S Deposit Amount: $5,400.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip ( iNAN US,'w Y ccepte&By Nam&:.. Date- Rele+'apedtl,By 0 F Leese,: Maifecf Eia c#DeltVeret „ 00*— t. a s p f� �rolc�ttre.airr +�e # trr t+ PE mature: EXECUTED IN DUPLICATE Bond No.,. 731102S Premium included lin Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5283 , Is hereby referred to and made a part hereof; and Landmarks, Monuments, Lot and Block Corners - Blossim Hill III Whereas, under the terms of the agreement, the principal Is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference Is made In Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Developers Surety and Indemnity Company as corporate surety, are held firmly bound unto the City and all contractors,subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to In Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Five Thousand Four Hundred and No/100------------- dollars ($ 5,400.00 ),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 July 13th 2006 , Lensn , Principal: a Cnareoc r or tion By: (Princ S •De �o/sSurety and Indemnity Company By: �-�— (Surety) Rosa E. Rivas, Attorney—In—Fact State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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. J. BARRAGAN Commission# 1635125 WITNESS my hand and official seal. Notary Public-California Orange County Signature My comm.Expires Jan 5.2010 J.Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno On July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darryl S. Denius _ 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. ALM NRAM WITNESS my hand and official seal. camewoon 0 1601712 lit N*W Mbw-caawft R" C^M Signature 444 CoJM+p 9,!T4 (Seal) 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: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Jane Kepner, Nanette Myers, Jeri Apodaca, Rosa E. Rivas, Grace Reza, Rachelle Rheault,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 Ist day of December, 2005. Cil 44�z� By: ,....AND PANYO David H.Rhodes,Executive Vice-President Q.� ............44' , �GO�p Oq `O r4�0.P 0 r8` �y� V cr`yl OCT. ;mac Z ? OCT.5 to 1 10 5�E 1967 By: 5�j : 19 3 6 ,•';� O p �P 2 Walter A.Crowell,Secretary .j .lOyt p•,.•'aa,•'�� ti ��/PORN d •.,� ... ... ���,• 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)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. WITNESS my hand and official seal. rdt GINA L GARNER COMM.# 1569561 NOTARY PUBLIC CAUFORMA Signature (SEAL) ORANGE COUNTY MY COMM=m 13,211110 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETYAND 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 13t1day of July 2006 By A� 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 Subdivision Faithful Performance Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731102S Deposit Amount: $10,800.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip st ` r ,"Cc � e Name t�te� P T�yp�Qf F��1eaS�; .Matted tiar�iE=,I��vered h � L EXECUTED IN DUPLICATE Bond No.: 7311025 Premium:$108.00/2yrs. SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, Identified as Subdivision Agreement for the Final Map of Tract No. 5283 Is hereby referred to and made a part hereof; and Landmarks, Monuments, Lot and Block Corners — Blossim Hill III Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Developers Surety and Indemnity Company as surety, are held and firmly bound unto the City of Fresno ("City" In the penal sum of Ten Thousand Eight Hundred and No/100 dollars ($ �6,800.00 ) 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 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 July 13th. 20—OiL. Len res Inc. Principal: a i o cor ation BY: Ip Sure • e opers Surety and Indemnity Company By: CC- - 7ft (Surety) Rosa E. Rivas, Attorney-In-Fact State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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. J. BARRAGAN Commission#k 1635125 WITNESS my hand and official seal. ._s Notary Public-California Orange County Signature My Comm.Expires Jan 5,2010 J. Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED HGENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP- ACKNOWLEDGMENT State of California County of Fresno On July 18, 2006 before me, Alan T. Nelson, Notary Public —, (here insert name and title of the officer) personally appeared Darryl S. Denius 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. ALM LSON WITNESS my hand and official seal. rA conxon s 1601712 crown►Pubft-CaftrMo Frerno CarW Signature 4Q1MVccnxn.Expl0/�up 19. (Seal) Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable_to_Locate_the_Agent for Serviceof 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 Dines 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 the glossary. SURETY Company Complaint Information Company llnforcement Action Documents Company Performance &_Comparison Data Composite Complaint Studies Want More?` http://interactive:web.insurance.ca.gov/webuser/idb;co�rof utl.get_co_piroVp_EIDx-- 0,.___08/03120.06,~ Company Profile Page 2 of 2 Help_Me Find a _Company Representative in My Area Financial Rating Organizations Last Revised-June 20,2006 08:23 AM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utLaet_Coprof?p_EID=10... 08/03/2006 Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Faithful Performance Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731100S Deposit Amount: $95,400.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip t:I�ti1C�i�lS�QN�1�' E.. S c�-!x� i Mim Co to rt . iiiindpwveraq h�5tf1t;9'", ,.E, a ter Ex. rE Cued re ctMe ate® refren �st �rr �y 6 f c EXECUTED IN DUPLICATE Bond No.: 7311005 Premium:$954.00/2yrs. SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal's will be entering into an agreement whereby principal agrees to install and complete certain designated public Improvements,which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5283 , is hereby referred to and made a part hereof; and Sewer System Construction - Blossim Hill III Whereas, principal Is requrred under the terms of said agreement to fumish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Developers Surety and Indemnity Company as surety, are held and firm) bound unto the City of Fresno "Cit�" , In the_penal sum of Ninety Five Thousand Four Hundred and No/100 dollars ($y�-.9400.00__) 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 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;.extenslon 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 July 13th 2006 Len n res C. Principal: a :r;ety: : l 1) a ers Suret and Indemnity Company By:.-- n K-�� (Surety) Rosa E. Rivas, Attorney-In-Fact State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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 instrumen J BARRAGAN WITNESS my hand and official seal. Notary Pubblili Commiss # te35t25 .e = c-California Orange County Signature My Comm.Expires Jan 5,201 J.Barragan (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno on July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Dalry I S. Denius 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. AtMI T.NELSON WITNESS my hand and official seal. c Xnn*Won#1601712 Notory Pubtic-caMlM ftm county Signature `t — O.MyCoffm E ^V 19,2W1 (Seal) Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Faithful Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 731100S Deposit Amount: $60,450.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7690 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5283 Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FNCE:Iil ' stat .. .., . .._ ...X ., �._._. ;,. .. _.._-. at� ._, t t�Il118 , E +Tw O f � G qjrt,, icT�C1t �ifrG � a �I tf( I�EIf��' a �r�iit�tst� EXECUTED IN DUPLICATE Bond No.: 731100S Premium included in Performance Bond SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, Identified as Subdivision Agreement for the Final Map of Tract No. 5283 , is hereby referred to and made a part hereof, and Sewer System Construction — Blossim Hill III Whereas, under the terms of the agreement, the principal Is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference Is made In Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of Callfornia. Now, therefore, the principal and Developers Surety and Indemnity Company as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed In the performance of the agreement and referred to In Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Sixty Thousand Four Hundred Fif ty and No/100------ dollars ($ 60,450.00 ), 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 Julv 13th . 2006 . Len Fr s c. Principal: a f oration $v; (Prilo e s Surety and Iaidemnity Company By; (Surety) Rosa E. Rivas, Attorney—In—Fact State of California ACKNOWLEDGEMENT County of Orange On July 13 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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 instrume J. WRAGAN Commission# 1635125 WITNESS my hand and official seal. Notary Pubfic-California Orange County amy Signature Comm.Expires Jan 5,2010 J. Barra n (Seal) 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP ACKNOWLEDGMENT State of California County of Fresno on July 18, 2006 before me, Alan T. Nelson, Notary Public (here insert name and title of the officer) personally appeared Darryl S. DeniuS _ 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. ALM T.NELSON WITNESS my hand and official seal. ca namon**=1601712 Notary PU Mc-caftmla 14" count► ,6Signature n�►comm Aa T9, (Seal) 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: ***Rhonda C. Abel, James A. Schaller, Mike Parizino, Linda Enright, Jane Kepner, Nanette Myers, Jeri Apodaca, Rosa E. Rivas, Grace Reza, Rachelle Rheault, 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 attorney(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 1 st day of December, 2005. Cil je��D_ By: •.aan.nn...,,. �•��-i AND /,l;%,, �,pANVO David H.Rhodes,Executive Vice-President . . . ..0 ��,�% �G pPPOHq 'ar 2 a'; 101967 By: 0 19 3 6 0 S y C, Walter A.Crowell,Secretary '•.�7�•.,,/0WO ,,. sae C/FOP STATE OF CALIFORNIA COUNTY OF ORANGE On December I,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 gn (SEAL) COMM.U CAUFO 1 Signature SEAL NOTARY PUBLIC CALIFORNIA ORANGE COUNTY MY twrrurt a 13,Z00li 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 dre 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 13 thoay of July 2006 By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable-to_Locate the Agent for_Service_.of Process? Reference Information IJAIC #: 12718 IJAIC 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 the glossary. SURETY Company Complaint Information Company]Enforcement Action Documents Company Performance& ComparisonData Composite Complaint Studies Want MoreT� http://interactive.web.ir.surance.ca.gov/webuser/idb_co_prof utl.get_co;--prof7p_EID-10 ..- 09;03/2000 • Company Profile Page 2 of 2 Help Me_Find a Company Representative_in My Area Financial_Rating_Organizations Last Revised-June 20,2006 08:23 AM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=10_.. 08/03/200&