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HomeMy WebLinkAboutT-5400 - Cashier Memo - 2/1/2007 City of PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: January 23, 2007 TO: ROSIE SALDIVAR, Senior Account Clark Public Works Department, Engineering Administration FROM: ' = Nnneering Technician Deveopment Deprtmeuilding & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NO 5400, of Vesting Tentative Map No. 5400/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NO. 5400/UGM. 1. Copy of the Subdivision Agreement for Tract No. 5400/UGM. 2. A McCaffrey Group, Inc. company check in the amount of$ 831,917.70 representing total fees and charges due final map as noted of page 5 of 5 of the itemized Exhibit"B" at the rear of subdivision agreement. 3. Two Well Fargo Bank Time Account Deposits with Assignments in the amounts of $ 27,900.00 and $ 186,100.00, whose sum of $ 214,000.00, represents the five percent Performance Security, as noted on page 1, of Exhibit "A' at the rear of said subdivision agreement. 4. City's Subdivision Improvement Performance Bond in the amount of$4,060,000.00 5. City's Subdivision Improvement Payment Bond in the amount of$ 2,137,000.00 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 MWMEMODOC Finance Control No. City of Fresno Security Deposit Form To: Finance Department-Accounting Division From: Rose Saldivar- Public Works Department CD X Passbook Other Time Account Deposited At: Wells Fargo Bank, N. A. Certificate/Acct. No: 9525161718 Deposit Amount: $27,900.00 Maturity Date: 03/27/07 Depositor: Name: The McCaffrey Group Address: 5425 N Van Ness Blvd Fresno, Ca. 93711-2856 Street City/State Zip Job Address: Tract 5400 Received By: Rose Saldivar, Public Works Engineering Date: 1/23/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip 9525161718 Time Account Receipt/Disclosure Wells Fargo Bank,N.A. Tom A=unt number pate apened Tenn of Time Account 9525161718 12/27/2006 months 90 days Inte rate Mad rate Vadable rate Annual pementw yield Your rime Account will mature on 03/27/2007 2.66 X 2.70 Worse pa EVERY 01 MONTHS AND AT WITHDRAWAL Immetrworow"Pamearwilm BY CHECK enewa Taxpayer ldentlticadw Number(TIN) YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS 1 NOTIFY YOU OTHERWISE 94-2781283 The Bank is opening the above described Time Account for your deposit of TWENTY SEVEN THOUSAND NINE HUNDRED AND 0/100 $ ***$27,900.00 Your name and aclireas THE MCCAFFREY GROUP TRACT 5400 5425 N VAN NESS BLVD FRESNO CA 93711-2856 12/27/2006 16:50 CK365 04096 Bank# 00114 This Is a receipt It need not be presented at the time you obtain payment from the Bank. M068(11104 83975,9 T/meAccowtt Account Number: Security Amount: ASSIGNMENT (Subdivision Agreement) C't o ff. Fre sr�o SECURITY FORThe McCaffrey Group, Inc. assigned to the heryeinatter calre� ASSIGNOR, whose principal place of business is 7020 N. Van Ness Blvd. 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 Wells Frago BBank. evidenced by Cert. of denosiiAhe amount of$186,100.00number 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 ASSIGNOR. This assignment is given as security for liability for Performance Security - Tr. 5400 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 assignment. Dated this 22nd day of December , 20 06. Name & Tref e A signor Robert A. McCaffrey, President REEF-#PT 4NOTtCF-,OF ASSIG HENT 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 day of V.e'A- DLn� , 20 OCv �se�l �r-1C-2 �Fa�;Ylo CA Bank N me Branch Location City State By 22? A Name UTitle of Officer Finance Control No. City of Fresno Security Deposit Form To: Finance Department-Accounting Division From: Rose Saldivar- Public Works Department CD X Passbook Other Time Account Deposited At: Wells Fargo Bank, N. A. Certificate/Acct. No: 92525161700 Deposit Amount: $186,100.00 Maturity Date: 03/27/07 Depositor: Name: The McCaffrey Group Address: 5425 N Van Ness Blvd Fresno, Ca. 93711-2856 Street City/State Zip Job Address: Tract 5400 Received By: Rose Saldivar, Public Works Engineering Date: 1/23/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip 9525161700 Time Account Receipt/Disclosure fNnKrWffW Wells Fargo Bank, N.A. Account number pate opened Term of Tine Account 92525161700 12/27/2006 months 90 days malwyaw interest rate Fined rate vedabis rate Annual pe—too yield Your Time Acoount will mature on 03/27/2007 2.96 X 3.00 Inferastwobepw EVERY 01 MONTHS AND AT WITHDRAWAL Ift nwwwwwpaxwr wit be BY CHECK we Taxpeyer idewrb%noon Number MN) YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS I NOTIFY YOU OTHERWISE 94-2781283 The Bank is opening the above descfibed Time Acoount for your deposit of ONE HUNDRED EIGHTY SIX THOUSAND ONE HUNDRED AND 0/100 g ""$186,100.00 Your name and address THE MCCAFFREY GROUP TRACT 5400 5425 N VAN NESS BLVD FRESNO CA 93711-2856 12127/2006 16:46 CK365 04096 Bank# 00114 This is a receipt It need not be presented at the time you obtain payment from the Bank. MOW(11,008397"Pmt Accounts ` Account Number: Security Amount: ASSIGNMENT (Subdivision Agreement) SECURITY FOR:The McCaffrey Group, Inc. assi ned to theC't of Fresno � �e�einafter called ASSIGNOR, whose principal place of business is 7020 N. Van-Ness Blvd. 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 Wells Faro Bank, evidenced byCert. of DeposiAkthe amount of$27,900.00 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 ASSIGNOR. This assignment is given as security for liability for Warranty Security - Tr. 5400 including interest and penalties, and to insure compliance with the applicable code or ordinances of the City of Fresno, State of California. Assignor hereby notes the above-named Bank of this assignment. Dated this 22nd day of December , 2006 . Name & a of Assignor Robert A. McCaffrey,President 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 �' day of 00 cps "-x— , 20 0(c Cf—V Bank Name Branch Location City State By Name Title of Officer 4 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: 569469S Deposit Amount: $4,060,000.00 Maturity Date: Depositor: Name: The McCaffrey Group Address: 5425 N Van Ness Blvd Fresno, Ca. 93711-2856 Street City/State Zip Job Address: Tract 5400 Received By: Rose Saldivar, Public Works Engineering Date: 1/23/07 Authorization to Release Signature Date Release To: Name: Address: street city/state Zip Bond Noa 569469S SUSDttY><$ION IMPKOYEME" PERFORMANCE BOND Whereas the City Council of the City of Fresno,State of California, and ("principal"}will No. 1 L.P.,A California Limited Partnership 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. 5400 is hereby referred to and made a part hereof;and Whereas,principal is muired under the terms of said agreement to furnish a bond for the f'altMui 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 thebanal sum of Four Million Sixty Thousand and No/100------------ offers(:K _4,060,000.00 IavYtvl money of the United States,for the payment or which sum well and truly to be made,we bind ourselves,our helm,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation Is such that If the above bounded ptincipel, 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 pmvWed,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 Indemntfy 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 attomey'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 orange,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,th s Instrument ha been duly executed by the principal and surety above named,on January 2 - 2ce Principal: ATTY,5 RG AYES NO. 1,L.P. By. Surety:n EV RS SURETY ND MNITY COMPANY (!Sure WayA'La1,Att may-in- act City of Fresno.max CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On JANUARY 2,2007 before me, CYNTHIA SAUCEDA, NOTARY PUBLIC Name and Title of officer(e.g.,"Jane Doe,Notary Publidl personally appeared WAYNE LAMB Names)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) istare subscribed to the within instrument and .�""�► CYNTHIA SAUCEDA acknowledged to me that he/she/they executed the same in COMM.#1474102 his/her/their authorized capacity(ies), and that by his/her/their N NOTARY PUBUC-CALIFORNIA v, signature(s) on the instrument the person(s), or the entity upon FRESNO COUNTY behalf of which the person(s) acted, executed the instrument. •` Aly Comm.EIV.March 2,2008 VVVMESS my and anahl4h I seal. d cial 10 P A-a-,) igna ure 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-E3 Limited General ❑ Partner-❑ Limited ❑ General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of Thumb here ❑ Other: TO of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09100 • 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 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 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. •••••..um.n•••j AND " OMP AN Y O.c` David H.Rhodes,Executive Vice-President req., • �F'% G PPOCi R p & OCT. •;<£ Z 2 OCT.5 -^ .UJ'= 10 n s vu 1967 By: Oj i• 1936 :0. Obi Walter A.Crowell,Secretary4/FO .........••• a�.• P 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. L"AGINA L.GARNER COMM.# 1569561 Signature (SEAL) NOTARY PUBLIC CAUFORNIA ORANGE COUNTY it Cantu• a 13,2000 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 211d day of January . 2007 By /V 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 Payment Bond Deposited At: Developers Surety & Indemnity Company Certificate/Acct. No: 569469S Deposit Amount: $2,137,000.00 Maturity Date: Depositor: Name: The McCaffrey Group Address: 5425 N Van Ness Blvd Fresno, Ca. 93711-2856 Street City/State Zip Job Address: Tract 5400 Received By: Rose Saldivar, Public Works Engineering Date: 1/23/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip Bond No: 569469S SUBDraU014 IM PROVERENT PAYMENT BOND Whereas,the City Council of the City of Fresno,State of California,and GettysburgMayes No 1 L P A Califomia Limited Partnership ("prindpal") have entered or will be entering Into an agreement whereby the principal agrees to install and complete certain designated public improvements,which agreement,identified as Subdivision Agreement for the Final Map of Tract No. 5400 is hereby referred to and made a part hereof, and Whereas,under the terms of the agreement,the principal Is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Fresno ("City")to secure the claims to which reference Is made In Tale 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of Calftmla. Now,therefore,the principal and Developers Surety and Indemnity Company as corporate surety,are held firmly bound unto the Qty and all contractors,suboontractors,laborers, materialmen,and other persons employed In ire performance of the agreement and referred to In Titit (corn encing with Section 30 82)of Part 4 of Division 3 of the Civil Code in the sum of Two Million re Hundred Thirty-Seven Tlbqusand and No/100---- dollars ($ 2,1 ZZ,7„t100.OQ 1,for materials furnished or labor thereon of any Wnd,or for amounts due under the thwmptoyment 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 froth,and also In case suit Is brought upon this bond,will pay,in addition to the Rice amount thereof,costs and reasonabie expenses and fees,including reasonable attorney's Mss,incurred by City In successfully enforcing this obligation,to be awarded and fired by tate court,and to be taxed as costs and to be Included In the judgment therein rendered. It is hereby exprmly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled to file clairm ander Tette 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 0onciltion of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remalo in full force and effect. The sunaty 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 shag in any mariner afftt Ra obligations on this Fond,and it does hereby waive notice of any such change, extension,alteration,or addition. In wet mss whereof,this Instrument has been duly executed by tate principal and surety above named,on January 2 .20 07 . Principal: G TYSBURG AY NO.1,L.P. (P ncipal) Surety-. DE S SUREAND IN NITY COMPANY l urs Way e Ca X,Att mey-in- act City of Fresnn_mnx CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of FRESNO On JANUARY 2,2007 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 CYNTHIA SAUCEDA acknowledged to me that he/she/they executed the same in COMM.#1474102 his/her/their authorized capacity(ies), and that by his/her/their NOTARYPUBUC-CALIFORNIA N signature(s) on the instrument the person(s), or the entity upon FRESNO COUNTY p behalf of which the person(s) acted, executed the instrument. A My Comm.Exp.March 2,2008 M nd and cg4ial seal. f a Z C-)al I Y_" ignature 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. Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Wayne Lamb, Mark E. Smith, Cynthia Sauceda, Donna M. Smith, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said 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. By: �MPAN Y O.o David H.Rhodes,Executive Vice-President r����.1'•AND,*J, G Pp OR C+ �,.yJ.••OQIP ORgT,•�jr L �� VO 97 9 F� ••� OCT. F�••<s 2 2 OCT.5 �� :6 i 10 0 W 1967 By :oma:: 1936 ;`0.� oy °q P��Pa2 Walter A.Crowell,Secretary '%�7 ••.,./pyl p•,r'aa;` /F0 ��O ... ...• ter' less 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. L4% GINA L.GARNER COMM.#1569561 Signature (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY twnnn 13.20M 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 Wine,California,the grid day ofJdri� 2007 By A Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) G pp p O p p ��yy■ pp pp pp pp ppee��1 pp pp pp pp pp pp M M cV n O O t d 8 cV pp Pl p G c4 �p vi %n %n O� G <h a{ op p �G cV v1 vi C, p N O N `O %n M o0 0o c� �p v1 N ��pp �O s� p O pp [� v1 O� OIL O� C� 00 00 �F M �tll O N O O O O� V;, M M O �F ON i' O O� � i � h cV N � � � � O c•j �O o0 � .v1-. 4 N � O � O � F d � � V' W V OVO V GOOwyV 0] r V O P. 0101V pA/J Vy�� F� V Q Q y� i F Vl VI Q P4 P4 V {fVti�� w� v) W W 0 Vl {Lyl V 0 0 f/� W V)cl xNNN3 - xy W O M M M M Gi . �.d W 0 0 9 2 0 0 ►7 �r7 �r7 �r7 .7 V Al M M M 0 �s a a 00 Go 00 00 00 LL 0 L W Oy� U V E A !V G = F $ e e IL at at a UC7Z � � � � xo� W W C7 x o - Gcj U m W pV xC7 UaOa N0 ug Ono 0 x0 � � Noo� a � � 3 � � � �Z � � = H loo3 a aaaa � 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 h h h a � 8 O 0 � a LL a oc o � o v W V h F t H U 2� ssss � sssss � ssssss N U N N N N N N N N N N N N N N N N N J 00 ~O a N Z O ap co G � Myon aa} epf hp h O O m .MN h _ r' Q f0�1 b 7 7 7 M M M M en r C 4 o a E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0