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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 $x152,000:00;which representsthedfive:percent Performance=Security; a&noted on page 1,,,;ofExhibit"A' at:the,rear`ofsaidsubdivlsion agreement:. ' 4. Citys Subdivision lmprovement'Performance Bond-in the:amountof: 2;891',000.00, 5 . City's,Subdivision:Improvement:Payment Bond in the amountof`$: 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 ca F _ a 3 OCT. c<= 2 OCT.5 0 LU 10 a C.)e' w 1967 Z By: 1936 Walter A.Crowell,Secretary �Z/FOPS ...• ,,,," •11II�.N,',,,,, 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. 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