HomeMy WebLinkAboutT-5357 - Cashier Memo - 10/23/2006 t
City of
imin
PLANNING AND DEVELOPMENT DEPARTMENT =:
Building & Safety Services Division
Land Division & Engineering;Section a'
DATE:. July,24;;2006 '
4 e
TO: ' ROSIE SALDIVAR, Senior Account'Clark
Public,Works Department,,Engineering Administration
FROM:, ROCHA,„,SeniorEngineering;Tech nician ;
velopment Department; Building &Safety;Services Division.
SUBJECT:. , SUBMITTTAL.OFFEESr CHARGES AND SECU.RITIES,FOt�
TRACT NO,535,7/UGM, OF VESTING TENTATIVE MAP NO:.535AUGM`
ATTACHED PLEASE FIND THE FOLLOWING ITEMS,FOR,:TRACT NO:5357/UGK I
1'. Copy of the.Subdivision Agreement for Tract No. 5357/UG'M:
Z. OnJuly'7; 2006 the;Subdivider elected to.pay byvarious,Credit Card.all fees and charges
in,the amount of',S330;3,4 35 listed'bmi fees an&charges due final:map as noted of page
4.of 4 of”the:`itemized:Exhibif`B"`at the rear of subdivision-agreement and:the initial bond=
deposit list on' page, 5 of. Addendum-,for Right:of-Way, acquisition, at the rear of said
subdivision�agreement in.the.amountof$�t321,6Q0`0g�fortotal the,transaction,in the amount
of$.462'94935.
3 A Califbrniay Bank,&RTrust:Certificate=of!Deposit'and!Assignmentin,the°amount of
$x152,000:00;which representsthedfive:percent Performance=Security; a¬ed on page
1,,,;ofExhibit"A' at:the,rear`ofsaidsubdivlsion agreement:. '
4. Citys Subdivision lmprovement'Performance Bond-in the:amountof: 2;891',000.00,
5 . City's,Subdivision:Improvement:Payment Bond in the amountof`$:
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: 1340016083
Deposit Amount: $152,000.00 Maturity Date: 07/12/07
Depositor: Name: Grantland Avenue LLC
Address: 1396 W Hemdon, #101 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5357
Received By: Rose Saldivar, Public Works Engineering Date: 7/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street f # #City/State Zip
is eped B �..
tlarne: Date,..
t�e��ase�i�B:y�
Naarre tate
TS w R teaseh:° Mailed. tig .oma
Date Dater
f �ttii'► d+ge rec of th`r�:. �e�refart�nc 'i�st r�tentJ~
SI§1 attire,: Date,
Cbm, m"ents
e
J�J AUTOMATICALLY RENEWABLE
•Q C B CALIFORNIA BANK
U Tausz TRUST
EHerndon Fresno Ca 7-12-06
Y ISSUED AT OFFICE DATE
WW (CITY OR TOWN) (STATE)
U Grantland Ave LLC and The City Of Fresno T-5357 1340016083
UO (CUSTOMER NAME) (CUSTOMER NUMBER) _
One Hundred Fifty Two Thousand Dollars & no/100's*************Do��aRs 152,000.00**** Z
F Grantland Ave LLC and The City Of Fresno
HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO OR ORDER UPON MATURITY m
4 O AS THE MATURITY HEREINAFTER OF THIS CERTIFICATE WILLSPECIFIED AND UPON BE
ATIOl�(,NC�$�1RFj<Q(QER OF THIS CERTIFICATE,
DATE,,AND SUCH MATURITY WILL BEABOVE
AUTOFFICE.
OMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
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) UPONAWITN DAYS AFTER SUCH ORIGINAL OR ANY EXTENDED
0 MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOF),PAXt§NT.
SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF [} 1 %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. THORIZED SIGNATURE
Account Number: 1340016083
Security Amount: SEY 000.00
ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: Grantland Avenue, LLC
Hereinafter called ASSIGNOR,whose principal place of business is
1396 W. Herndon#101 Fresno CA 93711
do(does)hereby assign,and set over to the City of Fresno of the State of California,all right,
title,and interest of whatever nature, of assignor, in and to the insured account of assignor in the
CITY OF FRESNO, evidenced by CERTIFICATE OF DEPOSIT in the amount of
$152,000.00 number 1340016083 which is to be delivered to the City of
Fresno herewith. Assignor agrees that this assignment caries with it the right in the insurance of the account by the
Federal Deposit Insurance Corporation, and includes and gives the right to the City of Fresno to redeem,collect, and
withdraw the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This assignment is
given as security for liability for T5357 Performance Security=l year
including interest and penalties,and to insure compliance with the applicable code or ordinances of the City of
Fresno, State of California.
Assignor hereby notifies the above named Bank of the assignment.
Dated this 12`h day of July ,2006
Grantland Avenue,LLC,
a California Limited Liability Company
By: Granville Management,Inc.
a California Corporation,Manager
Derek Hayashi, CFO
RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowledged to the City of Fresno of the State of California of written notice of the
assignment to the City of the account identified above. We have noted in our records the City's interest in the
account as shown by the above assignment and have retained a copy of this sheet. We certify that this account is
fully insured by the Federal Deposit Insurance Corporation and that we have received no notice of any lien,
encumbrance, hold, claim or obligation of the above identified account prior to the assignment to the City of Fresno.
We agree to make payment to the City of Fresno upon request in accordance with the Commercial Banking laws
applicable to the institution.
Dated this 12`h day of July,2006
California Bank&Trust, 7060 N.Fresno Street Fresno,CA 93720
Bank Name Branch Location City State
me Title of Officer
i
i,
i
3
i
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: 568887S
Deposit Amount: $2,891,000.00 Maturity Date:
Depositor: Name: Grantland Avenue LLC
Address: 1396 W Hemdon, #101 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5357
Received By: Rose Saldivar, Public Works Engineering Date: 7/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
RNA NCE USE,ON Y.:
AGcepted`B .
Name¢ Date
R4j " sed B`;
Nartre Date°
Type�.of"R'616ase ' Mailed: Harxt.Delfyered
Data: Date,
t acicnawtbdge:receipt o thhe�abov.e�referenced.ihsuurnent-
sigtmr�: Date
Cbtmnents::
Bond No.: 8 sg 8 7 S
Premium: $21 , 972. 00
SUBDIVMON IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
r--RAUTT-AWn AVENLTTP TaLr ("principal") will
be entering Into an agreement whereby principal agrees to install and complete certain designated
public improvements,which said agreement, identified as Subdivision Agreement for the final Map
of Tract No.S 3 5 7 , is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now, therefore, we,the principal and nEVF rnPF.Rq SfTRF*Py Am TNppmT'PY CY)MPANY . as
surety, are held and firmly bound unto the City ofFresp�isty"), in the penal sum of
Two naTT.T,=cu PITC i' I-�[-Z=pn bL[Nj= GATE ($ ,,�,nen nn ) 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 .TiTT.Y 1 fi � 20Q�
GRANTLAND AVENUE, LLC
Principal: ;We A-- p-e-L.
13y:
(Principal)
Surety: TY COMPANY
ay:
(Surety) AYNE , -FACT
{
ti
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On JULY 10, 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(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
a,.•F•,, 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
ca It NOTARYPU9UC'CAUFORNU 4b
FRESNO cauNTf behalf of which the person(s) acted, executed the instrument.
,,. My Comm.Exp.Marts 2.2005
I NES y,ITand and oci I seal.
tyww
Sig of Notary Piublic
----------------------------------------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: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
i
BD-1133 09100
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
.i ss.
County of r m.%. Y,
On �Vtk « t� before me, thMb� �t,1Z4C.., AD'�'Cc t�/ L �
I<
Date Name and/Title of Officer(e.g.,"Jane Doe,Notary Pu lic")
personally appeared ��4bK Uj - 440"Na 61, i
Names)of Signe )
lj �,5ersonally known to me
❑ 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
AMBER SQAhe/she/they executed the same in his/her/their
COOa 1552159 11
authorized capacity(ies), and that by his/her/their
r4o"Pubw-camoml!a t
Fr W'toCounry - signature(s) on the instrument the person(s), or the
1MVComm.ExpMwFeb 12• entity upon behalf of which the person(s) acted,
executed the instrument.
WIT SS my hand and ficial seal.
Place Notary Seal Above A I L A
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—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
❑ Attorneyin Fact '
12 H1 I 4q1! 11
Top of thumb here ❑ Attorney in Fact Top of thumb here
[I Trustee 11 Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-800-876-6827
4
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and
all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the 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 1st day of December, 2005.
AND/ •• MPANV
David H.Rhodes,Executive Vice-President JQ` .................OF ,,,. ,G OPpOq c
'or: OCT. <? Z = OCT.5 -n
y; 10 cne W 1967
By:
Walter A.Crowell,Secretary '-,�7 ��W P • aa,,• q</FOPS\ a
STATE OF CALIFORNIA
COUNTY OF ORANGE
On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
GINA L.GARNER
COMM.#1569561
NOTARY PUBUC CALIFORNIA
Signature: (SEAL) ORANGE COUNTY
My twtnm a=13,2009
vow
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 1 0 THday of JULY 2006
By
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 Improvement Performance Bond
Deposited At: Developers Surety & Indemnity Company
Certificate/Acct. No: 568887S
Deposit Amount: $1,521,500.00 Maturity Date:
Depositor: Name: Grantland Avenue LLC
Address: 1396 W Herndon, #101 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5357
Received By: Rose Saldivar, Public Works Engineering Date: 7/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE.,Us ONLY`
'466epted B'y:
Na rn pate
Releasedv By:
Names Data,,
Type,of Rele®se: maued: Hand Delivered
Date,: Dates,,
I acknowledgwreceiptof,th&above-referencedginatru mentil
Slgpature:. Gate-
Cbm,wents.
Band No.: 5688875
Premium incl in perf bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas the City Council of the City of Fresno, State of California, and
C2ANTLAND
AVENUE, LLC ("principal")
have entered or will be entering into an agreement whereby the principal agrees to Install and
complete certain designated public Improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. ','197 . Is hereby referred to and made a part
hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon the
performance of the work,to file a good and sufficient payment bond with the City of Fresno
("City's to secure the claims to which reference is made in Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and DEVELOPERS SURETY AND INDEMITY COMPANY , as
corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers,
materialmen, and other persons employed in the performance of the agreement and referred to In
Title 15 (commencing with Section 3082)) of Part 4 of Division 3 of tode in the sum of
ONE MILLION FIVE HUNDRED TWENTY ONE THOUSAND FIVE tars
($ 1 S91 snn nn , 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 [IT Y 10 . ?.o- 06
GRANTLAND A , LLC
Principal: �� IvtRGc z , �(�(aof�Y�
By: r��
(Principal)
Surety: D ANDEMN COMPANY
By:
(Surety) WAYNE —IN— ACT
t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of FRESNO
On JULY 10, 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(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
�.r►..�k, 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
NOTARY PUBLIC-CALIFORNIA 0
c� FRESNO COUNTY behalf of which the person(s) acted, executed the instrument.
My Comm.Exp.Meeh 2.2008
T'INESS my,Mand and o seal.
-0 (A
Si ure o otary ub c
----------------------------------------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: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
S ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
F�rls»v ss.
On 3 UV4 M l-, before me, C M'Mr 0L1-ZA )D+G(Y i U&e
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared ���k • Rayatk 1 ,
Name(s)of Sig er(s)
personally known to me
❑ 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
ASR SouZA he/she/they executed the same in his/her/their
conwr on#I&Z159 authorized capacity(ies), and that by his/her/their
Nofty Rrft.CONOM10 signature(s) on the instrument the person(s), or the
Romcounly entity upon behalf of which the person(s) acted,
My ComM80WFeb12, executed the instrument.
WITNESS my hand ando icial seal.
Place Notary Seal Above
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—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact
Top of thumb here ❑ Attorney in Fact Top of thumb here
El Trustee ElTrustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
,I
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper
to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and
all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to
execute Powers of Attorney,qualifying the 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 I st day of December, 2005.
By: ...,....AND IN �MPAN Y O.c
o,
David H.Rhodes,Executive Vice-President JQ.�...POR..h0' % GG PppggT 9
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By: 1936
Walter A.Crowell,Secretary �Z/FOPS
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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. 1
Signature (SEAL) NOTARY PUBUIJC CAUFO CALIFORlMA
ORANGE COUNTY
My eo"Irm expires 13,200
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing?ower 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 10 THday of JULY 2006
By
Albert Hillebtand, Assistant Secretary
ID-1380(Rev. 12/05)
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