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HomeMy WebLinkAboutT-5343 - Cashier Memo - 10/20/2006 i .1 l City of PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: March 16, 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 5343/UGM, PHASE 2 OF VESTING TENTATIVE MAP 5233 ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5343/UGM. 1. Copy of the Subdivision Agreement for Tract No. 53431UGM. 2. A Bonadelle Homes, Inc., company check in the amount'of$629,219.54 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 Bonadelle Homes, Inc., company check in the amount of $ 289,200.00 representing Subdivider's initial deposit for Right-of-Way acquisition for need off-site street easements as noted on page 5 of Addendum at the rear of Subdivision Agreement. 4. A California Bank Trust Certificate of Deposit in the amount of $ 125,000.00, which represents the five percent Performance Security, as noted on page 1, of Exhibit"A' at the rear of said subdivision agreement. 5. City's Faithful Performance Bond in the amount of $ 2,383,00.00 6. City's Subdivider's Payment Bond in the amount of $ 2,$08,000.00 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 Louis Rocha UPWMEMO.DOC 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: 1380016003 Deposit Amount: $125,000.00 Maturity Date: 01/11/07 Depositor: Name: Bonadelle Homes, Inc. Address: 2109 W Bullard #133 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5343 Received By: Rose Saldivar, Public Works Engineering Date: 3/17/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip i E d £ C S E Apceptad.�. `A' y htar«te Date Released.B ! Karn Date,. ypekof Release Nwed Fiend Delivered' Date, Vacknowtodge receipt of tl`re ab©aye, eferencad ins#rc mrent.. Siglnature Date Zomments. W AUTOMATICALLY RENEWABLE CALIFORNIA BANK V TRUST 'TRUST LL, U ISSUED AT Palm OFFICE Fresno CA DATE 1/11/06 fV� W (CITY OR TOWN) (STATE) w o ***Bonadelle Homes, INC.** Tract #5343 U0 (CUSTOMER NAME) (CUSTOMER NUMBER) cc **One Hundred Twenty Five & no/100*** DOLLARS 125,000.00 a w D **City of Fresno** HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO OR ORDER UPON MATURITY = Q U) AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS CERTIFICATE.PROPERLY ENDORSED,AT THE ABOVE OFFICE. O THE MATURITY OF THIS CERTIFICATE WILL BE 01/11/2007 AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS W 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 EXTENDED 0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF **3.280%** %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. AUTHORIZED SIGN UR S I n a P 4�4 Vk. f.' t7 `' Account Number: 1380016003 I Security Amount:,,5,,,, ASSIGNMENT (Subdivision Agreement) SECURITY FOR: Bonadelle Homes, Inc. hereinafter called ASSIGNOR, whose principal place of business is 2109 W. Bullard #133 Fresno, CA 93711 Street City State Zip Code do (does) hereby assign, and set over to the City of Fresno of the State of California, all right, title, and interest of whatever nature, of assignor, in and to the insured account of assignor in the California Bank & Trust , evidenced byAssignment Account in the amount of $ 125,000.00 number which is to be delivered to the City of Fresno herewith. Assignor agrees that this assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem, collect, and withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGIVOR. This assignment is given as security for liability for Warranty Security Tract 5343 including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notifies the above-named Bank of this assig ent. Dated this 11 day of January 120 06 N e & Title of Assignor RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the assignment to the City of the account identified above. We have noted in our records the City's interest in the account as shown by the above assignment and have retained a copy of this sheet. We certify that this account Is fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien, encumbrance, hold, claim or obligation of the above-identified account prior to the assignment to the City of Fresno. We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to the institution. Dated this 11 day of January , 2006 California Bank & Trust 5240 N. Palm Ave. Fresno CA 93 Bank Name Branch Location City Sta me Title of L. Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Improvement Performance Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 568369S Deposit Amount: $2,383,000.00 Maturity Date: Depositor: Name: Bonadelle Homes, Inc. Address: 2109 W Bullard #133 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5343 Received By: Rose Saldivar, Public Works Engineering Date: $/17/06 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip F1NAN,CE° E0 , I E accepted B Names , Oaie• ReJeased.,By:' Name we Ty,p of Rel ase: Malted Hand Delivered; Date i==acknowied4e receipt°of the�above.,refereaced nstrurne t: ` Signature: Date t.oMments: ' Bond No.:, 5683695 Premium $22, 572.00 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and BN 5233 LP -T ("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. `L3 41 , is hereby referred to and made a part hereof; and Phase 2 of Vesting Tentative Map No. 5233 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 COasANY surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of 'I4iU Ni1ILIQV TfEE HNA EIGIIY m4;EE dollars ($2„383,,1 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 thin s 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 _JANTJARX 11 20 06. Princ ipal: )p By: Surety: DEV ERS SURE INDEMNITY COMPANY 1,2 By: (Surety) WAY/E LA#, TT NEY—IN—FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On JANUARY 11, 2006 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC Name and Title o Officer(e.g.,"Jane Doe,Notary Public") personally appeared WAYNE LAMB Name(s)of Signer(8) ® 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 CYNTHIA SAUCEDA signature(s) on the instrument the person(s), or the entity upon '= COMM.#1474102 cn behalf of which the person(s) acted, executed the instrument. Cr NOTARYMMX-CALIFORNIA to FRESNO COLWTY .16 • Mr Comm.UP.Muoh2,20087F4,ynj,( and and o I seal. i nature of Notary Public ----------------------------------------OPTIONAL-----------------+----------------------- Though the information below is not required by law,it may prove valuable to persons relying on toe 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-0 Limited ❑ General ❑ Partner-❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator IN ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09100 ... . ....... POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY'COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE.CA 92623 (949)263-3y,100 KNOW ALL MEN BY TIIESE PRESENTS,that except as expressly limited. DEVELOPERS SUREtfY 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 troe 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 Attorneys)-in-Fact full Power and authority to ski and to perform every act ncLcssary-requisite or proper to be done in connection therewith as each of said corporation~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 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.FURTI IER.that the signatures of such officers may be aftixcd to any such Power ofAttomey or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon IIx corporation when so affixed and in the future with respect to any pond,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 October,2003. C:: By: ,.��y.AMD 7�;0, OMPANVO� David H.Rhodes,Executive Vice-President �yJQ``D�POl� y,' y G pPOgq�Q! �: OCT. _ = z z ocT.5 T ius a' 10 11n= w 1967 By: 0=; 1936 :� o Walter A.Crowe If.Secretary %�73•.,/OyyA.,. a,' �l��O�a a ...•••............ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) .i On October 1.2003•before ane,Diane J.Kawata.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 persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted.executed the instrument. WITNESS my hand and official seal. DIANE J.KAWATA O - _ COMM,N 1334746 c 1^ g _ No"Public,-CaMort:a L / � ORANGE COUNTY Q Signature My Comm.Expires JAN,S.2006 CERTIFICATE The undersigned.as Senior Vice-President.Underwriting 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 ofsaid corporations set forth in the Power of Attorney.are in force as of the date of this Certificate. This Certifcuic is executed in the City of Irvine.California,the 11 TH day of JANUARY 2006 BY. Wesley W.Cowling nior Vice-President.Undenvri g ID-1380(Rcv. 10103) Finance Control No. City of Fresno Security Deposit Form To: Finance Department - Accounting Division From: Rose Saldivar- Public Works Department CD Passbook Other Subdivision Improyrement Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 568369S Deposit Amount: $2,508,000.00 Maturity Date: Depositor: Name: Bonadelle Homes, Inc. Address: 2109W Bullard #133 Fresno, Ca. 93711 Street City/State Zip Job Address: Tract 5343 Received By: Rose Saldivar, Public Works Engineering Date: $/17/06 Authorization to Release Signature Date Release To: Name: Add ress: Street City/State Zip .ONi.Y, Date Name, patty T ei,of Riewase. Date, I'acknowledge,rec@iptf of the aboue.r@f+ n instt cn+ n . Slgnature: Cbmments . Bond No.: 568369S Premium Included in Perf. Bond SUBMISION impwwmew PAYMENT BOND whereas, the City Council of the City of Fresno, State of California, and RN ;?33 T.V ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5 3 4 3` . is hereby referred to and made a part hereof; and Phase 2 of vesting tentative map no. 5233 Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Fresno ('City's to secure the claims to which reference is made in Tltle115 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now,therefore, the principal and as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to In Title 15 (commencing with Section 3082) of Part 4 of Division 1of the Civil Code in the sum of dollars {$ r ma ena s rn�s or o ereon of any kind, or for amounts due un er a fiemployment 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 ujnder Trtfe 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to g ve aright 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'iobligation 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 accohmpanying 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 whereo his instrument has been duly executed bylthe principal and surety above named, on Principal: TD 2s;iiiie By! � (P I cipal) Surety: D 4- O0PTANy By:_ (Surety) A —IN—FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On JANUARY 11, 2006 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared WAYNE LAMB Name(s)of Signer( ) ® personally known to me -OR- ❑ proved to me on the basis of satisfactiory 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 .wM CYNTHIA SAUCEDA his/her/their authorized capacity(ies), and that by his/her/their COMM.#1474102 signature(s) on the instrument the person(s), or the entity upon N NOTARYmeUC-CALIFORNIA y behalf of which the person(s) acted, executed the instrument. °C FRESNO COUNTY # My Canm.Exp.Meft 2,20M WI ESS my ha i d and offid' eal. 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 ❑ Trustee ❑ Trustee ❑ Guardian or Conservator • ❑ Guardian or Conservator - • ❑ Other: To of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: 1313-1133 09/00 r r POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY(COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE CA 92623 (949)26343M1 KNOW ALL MEN BY TIIESE 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 Attorney(s)-in-Fact,to make,execute,deliver and acknowledge.for and on behalf of said corporations.as sureties.bonds,undertakings and contracts of suretyship Living and_ranting,unto said Attoncy(s)-in-Fact full power and authority to do and to perform every act neceswry-requisite or proper to be done in connection therewith as each of said corporations could do.hitt reserving to each of said erprporations full power of substitution and revocation.and all of the acts of wid Attormcy(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 theme hereby 6L 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(lie corporations be,and each of them)hereby is,authorized to attest the execution of any such Power of Attorney: RESOLV ED,FURTI I ER,that the signaturcw of such officers may be affixed to any such Power of Attorney or to any certificate relating,thereto by facsimile.and any such Power of Attorney or certificate hearing such facsimile signatures shall he valid fund binding upon the corporation when so aHixcd 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 Seicretary this 1 st day of October.2003. By: •••AND..." PAN Y David H.Rhodes.Executive Vice-President •'��t l.-••• .�'''� ••, GOA PQ O� `a;'G OCT. �', `::.-4'_ Z ? OCT.5 0 ca' 10 ;n W 1967 a By: 01936 o C, Walter A.Crowell.Secretary =�f /OW P,,.• �La.' ql/FpNa� a •.3� ... � STATE OF CALIFORNIA 1 )SS. COUNTY OF ORANGE ) On October I.2003,before me,Diane J.Kawata.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 persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted.executed the instrument. WITNESS my hand and official seal. WANE r tcawarA COMM.N 1334746 � Notary Public-Caltbm'ra 3 ~- ORANGE COUNTY Signature My Comm.Fires JAN.8.2006 CERTIFICATE The undcniLned.as Senior Vice-President.Underwriting of DEVELOPERS SURETY AND iNOEM NiTY 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 corxpntions sel 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.C:difomia.the 1 1 THday ofJANJARY 2006 W By Wesley W.Cowling enior Vice-President,Under 't g ID-1390(Rev. 10/03) i ILN �n �n v1 O �n �n O - O O �n N O - N O �O v �n oc Nj O Cl O O h N v1 h O h O "r '0v1 v1 O CN M V1 n 'O V M M N I� 00 00 O� V V1 V1 t�1 V1 M �O O '7 V N N M M M N I- w V = G1 - O cl N oc� ON N t- 10 "r v1 "r co) - r4 O m m � ~ q 7 7 IL ix ix x Z z U w Q ° U a w C7 a Q O A U a rx ti a Q p A �� U a w x C7 a Q w U x p w w w0. A U U a O w C7 U x a [y U [�c� z N a ¢ W `n �' E" LU �Q. o `n cu�v.�.�1 U z ¢zQ W z F W A u3i O Fw- WC27 O W O O ¢ Fw- a Cw7W Cx7 S F W �m u3i O F A U Q w x rig F= U [_ -� U Q rX x w o w U A ti U w � w o ¢ �z w 3 x� c` z �Uca w w w � o aG C-1 3 I z ;; w w � w o < z4 V1 V1 V1 Vl Vl V1 Vl Vl V1 Vl M M M M M M M M M M M M M M 'n n V1 Vl Vl 'n n Vl Vl n "n N N N N N N N N N N M M M M M M M M M co) M M M M N N N N N N N N N N gam'. 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