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HomeMy WebLinkAboutT-5686 - Cashier Memo - 5/29/2007 i City Of PLANNING AND DEVELOPMENT DEPARTMENT Building & Safety Services Division Land Division & Engineering Section DATE: April 19, 2007 Pj '� 200 oCJ u TO: ROSIE SALDIVAR, Senior Account Clark �MF�1> Public Works Department, Engineering Administration �a , FRO LOUIS CHA, Senior Engineering Technician -' Developme artment, Building & Safety Services Division SUBJECT: SUBMITTAL OF FEES, CHARGES AND SECURITIES FOR TRACT NOS. 5427 AND 5686, of Vesting Tentative Map No. 5427/UGM ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NOS. 5427 AND 5686/UGM. 1. Copy of the Subdivision Agreement for Tract Nos. 5427 and 5686/UGM. 2. A Lennar Communities - Fresno's company checks in the amounts of$ 1,990,253.81 and $2,574.00 cashiered by credit card whose sum of$ 1,992,827.81 which representing total fees and charges due final map as noted of page 8 of 8 of the itemized Exhibit "B" at the rear of subdivision agreement. 3. A California Bank Trust Certificate of Deposit in amount of$297,000.00,which 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$5,639,000.00 5. City's Subdivision Improvement Payment Bond in the amount of$ 2,968,500.00 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 FTPV1WM0.D0C 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, Irvine CA Certificate/Acct. No: 3090004373 Deposit Amount: $297,000.00 Maturity Date: 2/27/08 Depositor: Name: Lennar Fresno, Inc Address: 7485 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5427 & 5686/UGM Received By: Rose Saldivar, Public Works Engineering Date: 4/19/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip ,.CCS or rlf � �,�`. s � 's" r s ��,/^3" s ��/ �-��' vi 5 f �.x.:, � v Fti„s 6Gfi ,`-•,` €s } W SOMATICALLY RENEWABLE Q C B CALIFORNIA BANK U Taost TRUST r ~ Y ISSUED AT IRVINE CENTER OFFICE 309 CALIFORNIA DATE 2/27/07 w (CITY OR TOWN) (STATE) Wv U O (CUSTOMEFRESNOT INC (CUST E 073 _ TtidO HUNDRED NINTY SEVEN THOUSANDS ********************* DOLLARS $ 297,000.00 a w oG nHAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO OR ORDER UPON MATURITYR m Q U) AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDER OF THIS C R I C TE,P OP SED,AT THE ABOVE OFFICE. A O le THE MATURITY OF THIS CERTIFICATE WILL BE AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS w Z UNLESS:(A)AT LEAST TEN DAYS PRIOR TO SUCH OR ENDED 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 Q MATURITY DATE,THIS CERTIFICATE IS PRESENTED AND SURRENDERED FOR PAYMENT. SAID DEPOSIT BEARS SIMPLE INTEREST AT THE RATE OF 4,08% %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 SIGNATURE w 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: Fidelity & Deposit Company of Maryland Certificate/Acct. No: 08862251 Deposit Amount: $5,639,000.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7485 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip Job Address: Tract 5427 & 5686/UGM Received By: Rose Saldivar, Public Works Engineering Date: 4/19/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip r X �s - / y``¢a' H �a8{i��/ ^� f* `� �' � e'' ./ � �G$'.a ,��i� _ �£� £ cf' Z q,� 1n ( J";6,�' '� /£�✓' a '�/` ,.:shy �,� -,�" $` x rum :, � / /� ,,,i,!'s`�' .�lx r r� / .•. yY N.YyW y > ;i � Executed in Duplicate Bond NO.: 08862251 Premium included in Peformance Bond SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno, Inc. ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No.5427 & 5686 , is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Fidelity and Deposit Company.of Maryland , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Five Million Six Hundred Thirty Nine Thousand and 00/100 dollars($ 5,639,000.00 ) 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. I 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.il As apart 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 addii tion 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 Febrwary 20 , 2007 Principal: Lennar Fr ZAPA. By: k (Principal) I Surety:!Fi D sit Company of Maryland By: . (Su{ety) Rosa E. Rivas,Attorney in Fact ACKNOWLEDGEMENT State of California County of Orange., On I February 20 2007 before me, J. Barragan,Notary Public I (here insert name and title of the officer) I personally appeared Rosa E.Rivas k r personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose I name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity,upon behalf of which the person(s)acted, executed the instrument. �j. RARRAGANN I I CommWon# 1635125 WITNESS my hand and official seal. Notary tic-Calftrda i Orange County Signature joMy Comm.Expires Jan 5,2010 i (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 1 TITLE(S) ❑ PARTNER(S) ❑ LIMITED I ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: I i i I SIGNER IS REPRESENTING: DATE OF DOCUMENT 1 NAME OF PERSON(S)OR ENTITY(IES) i i 1 I SIGNER(S)OTHER THAN NAMED ABOVE i S-4067/GE 1/06 I FRP i STATE OF! �► U11Gt 1 - GOUNTYOF SVID 1 t ! before me N •- �.tD�v✓t TCt. l G (here nsertname and title of the onlla r),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the pefson(s)whose names)isiare sLftmbed to the widw insti ment and adv)owWged to fne that he/she hey executed the same'in his4wAheirauthorized capaWfes),and that by.hisfierAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the ins6ument WITNESS my hand and offdal seal. {I 4 ALAN T.NELSON Signature J (SEAL) Commisabot►#I 1601712 a llotary C-CON PLUItOffft r F(�no , I my Can".Expires Aug 19,2009 i I - This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE O TYPE O DOCUMENT s) I ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: { DATE OF DOCUMENT SIGNER IS REPRESENTING; NAME OF PERSONS)OR ENTTTY(IES) f SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.I2los) ALL-PURPOSE ACKNOWLEDGEMENT CPower of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the- reverse side hereof and are hereby certified to be in full force and effect on the date h des by nominate,constitute and appoint Rosa E.RIVAS,of irvine,California, its true and lawful tt -in- make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the executionof such bonds or undertakings in pursuan o 's " on said Company,as fully and amply,to all intents and purposes,as if th xe a ged by the regularly elected officers of the Company at its office inZBaZl ' r� h ir r(The said AssistantMws ere �t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2;of the By- ' now in force. IN WITNESS a said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 5th day of October, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND i 'gip OfPps�r ° a J �IwT I By: ` ` Eric D.Barnes Assistant Secretary William J.Mills Vice President Statess: Of Maryland City of Baltimore } i On this 5th day of October, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J.MILLS, Vice President, and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. i IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. aSp•� i I. u�000w.n• r.nwe NW_Z� Maria D.Adamski Notary Public My Commission Expires: July 8,2007 4 i . II f POA-F 01I2-5025T f _ Executed-in Duplicate RIDER To be attached to and form part of- Bond £Bond Number 08862251 dated 2/20/2007 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $5,639,000.00 on behalf of LENNAR FRESNO, INC. (Principal) and in favor of CITY OF FRESNO (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond number shall be amended: FROM: 08862251 TO: 08862551 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 20th day of February, 2007. Signed, Sealed &Dated this 4th day of April, 2007. FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety) By: -- Rosa E. Rivas , Attorney-in-Fact ACKNOWLEDGEMENT State of California County of Orange On April 4 2007 before me, J.Barragan,Notary Public , (here insert name and title of the officer) personally appeared Rosa E. Rivas personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J. BARRAGAN Commission# 1635125 WITNESS my hand and official. Z amy Notary Public:California Orange County Comm.Expires Jan 5,2010 Signature J. Barragan (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) El PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e das by nominate,constitute and appoint Rosa E.RIVAS,of irvine,California, its true and lawful tt -in- make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o c d ngs,and the execution of such bonds or undertakings in pursuan o 'S on said Company,as fully and amply,to all intents and purposes,as if th xeS ged by the regularly elected officers of the Company at its office in Ba i re it r 0 The said Assistant r ere t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- w now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of October, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND .'gip Df p psr` 0 0 �,N Y W � Y Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Marylandl ss: City of Baltimore f On this 5th day of October, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. es. Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-5025T 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 Payment.Bond Deposited At: Fidelity & Deposit Company of Maryland Certificate/Acct. No: 08862251 Deposit Amount: $2,968,500.00 Maturity Date: Depositor: Name: Lennar Fresno, Inc Address: 7485 North Palm, Suite 101 Fresno, CA 93711 Street City/State Zip .fob Address: Tract 5427 & 5686/UGM Received By: Rose Saldivar, Public Works Engineering Date: 4/19/07 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip ;,"�.,,</"a,3,.,,.,�,sti»dYF...� .,i �N...,m�� 5�7 /� ✓6 :. ;� �a,�zS'� 'la Y f� �... Hr fi �iP� � "� ,r< $ ' q t ^� � _� H �� s,,.. y �`r r,y z f' si �"�: ✓-F .�`" fy.� / "^ �s '""'��'x'�,,�/�"�"' § s s WOW WE! ,y �; � �2 � � � 5'+lff '�H�'�H�`�„„�.` r urc �z - � r✓/ - .� �:s 3G tel � f � 3� �° h +� S � � �.v .�€ _ �,� q r ,✓ �S�? gr _ lr�a���-: � t�k�' ,,£q z hag i� � x Executed in Duplicate Bond No.: 08862251 Premium $56,390.00 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Lennar Fresno. Inc. ("principal") have entered or will be entering into an agreement whereby the principal agrees to"install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5427 & 5686 , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno("City")to secure the claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Fidelity and Deposit Company of Maryland , as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the agreement and referred to in Title.15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Two Mullion Nundred Sixty Eight Thousand Five Hundred and 00/100----- dollars ($ 2,968,500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor,that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on February 20 Principal: Lennar Fresn 4,,Z4 By: Agm,�&I� &e� Surety: Fidelitsit mpany of Maryland By: l uret Rosa E. Rivas, Attorney in Fact ACKNOWLEDGEMENT State of California County of Orange., ' On February 20 2007 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.. J. BARRA6AN Commisslon# 1635125 WITNESS my hand and official seal. .s Notary Public- California Orange County Signature My Comm.Expires Jan 5,201 i (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP STATEOF IktXI��A COUNTYOF 11�1b J On before no, o 14g 1. "rv_ (here bser t name and tide of the ofSoer),personally appeared QGYI I.t S -- personally known to me(or proved to me on de basis of satisfactory evidence)to be the person(s)whose names)is/are subsrxibed to the within inskvnent and adamfedged to me drat hews ofty executed the same in his her/their autho»zed capadWies),and that by hiOwAheir signature(s)on the instrument the person(s),or the entity upon behalf of whleh the perso (s)acted,executed the instrument INNTNESS my hand and official seal. ALAN T.NELSON tore SEAL Commtsslon*1601712 Srgna ( ) SNotary Publk-Colibmla Y Fresno County QMy Comm.Expires Aug 19,2009 This area for official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ° ❑ CORPORATE OFFICER LVI TITLE OF TYPE OF DOCUMENT T"S) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF I'MISM(s)OR ENmr(IES) SIGNER(S)OTHER THAN NAMED ABOVE jD ?=(REV.1=5) ALL-PURPOSE ACKNOWLEDGEMENT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h des by nominate,constitute and appoint Rosa E.RIVAS,of irvine,California, its true and lawful tt -in- make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan o ,s on said Company,as fully and amply,to all intents and purposes,as if t xe a ged by the regularly elected officers of the Company at its office in Bal ' r�, h it � . 0 The said Assistant r ` ere ttract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- w s ' now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corpora t ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of October, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gip OEPps�f a o W r Y Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Maryland1 ss: City of Baltimore f On this 5th day of October, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. O'42 M R."4)by M..000.Mn. rww.w RY Maria D.Adamski Notary.Public My Commission Expires: July 8,2007 POA-F 012-5025T - xecute_ _in Durpliate -- - - RIDER To be attached to and form part of- Bond £Bond Number 08862251 dated 2/20/2007 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $5,639,000.00 on behalf of LENNAR FRESNO, INC. (Principal) and in favor of CITY OF FRESNO (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond number shall be amended: FROM: 08862251 TO: 08862551 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 20th day of February, 2007. Signed, Sealed &Dated this 4th day of April, 2007. FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety) By: Rosa E. Rivas , Attorney-in-Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a dds by nominate,constitute and appoint Rosa E.RIVAS,of irvine,California, its true and lawful tt -in- ' make,execute,seal and deliver,for,and on its.behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan o 'S on said Company,as fully and amply,to all intents and purposes,as if th xe 1= ged by the regularly elected officers of the Company at its office in Bal ' re eir r r 0 The said Assistant r ere rt t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- w now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea .of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of October, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�o"DfPps�l 0 c W e Y Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Maryland City of Baltimore I ss: On this 5th day of October, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified;came WILLIAM J.MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 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