Loading...
HomeMy WebLinkAboutT-5730 - Cashier Memo - 1/14/2009 City of MEMORANDUM rn_,- PLANNING&DEVELOPMENT DEPARTMENT- PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721 DATE: November 12, 2008 TO: ROSE SALDIVAR Public Works Department FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: SUBMITTAL OF PAYMENT FOR TRACT NO. 5730 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$70,000.00 2. Payment Bond in the amount of$37,000.00 3. Check in the amount of$4,000.00 (Bank of America No. 865556) 4. Check in the amount of$47,743.37 (Bank of America No. 865445) 5. Check in the amount of$53,772.21 (Bank of America No. 865295) 6. Copy of the Subdivision Agreement identifying itemized applicable charges. If you have any questions, please contact me at 621-8076. Thai-you, Jonathan Bartel CITY OF FRESNO I3ISK MANAGEMENT DIVISION City I1 �, MEMOVIANDil.M rn�W:W40`, PLANNING& DEVELOPMENT DEPARTMENT-PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721 DATE: November 10, 2008 TO: KERRY TROST Personnel Services Department FROM: JONATHAN BARTEL Planning & Development Department SUBJECT: REQUEST FOR BOND APPROVAL FOR THE FINAL MAP OF TRACT NO. 5730 Attached are original bonds required for the subdivision agreement for the Final Map. Please review the following bonds for conformity to City acceptance policies: 1. Performance Bond in the amount of: $ 70,000.00 2. Payment Bond in the amount of: $ 37,000.00 Final Map is scheduled for Council action on December 2, 2008. If you have any questions, please contact me at 621-8076. Thank_xou, Jonathan Bartel RISK MA GEMENT DIVISION Appr Ved: Appro ed anges: Signed Da-�-i-fe v r 00 OO M O O O 'o O O vl O �O 00 O0 O O �o O M O O O �D O O h O �o ,� O A N . v. �p .. O O lG O M O O 10 N O O O O N O Cl!N O h �O O O \O O M O O �D N p C+ R Vl 1- NN_ N a O N O N N O M d• O N N h O �O M O N O N N O \O M r V O N N O O �C r Vl O� M N 1� h M Vl M 01 M 00 Vl b r O h Q\ M N r- h M h M C� M +tet �D 00 h I� l� h O O Vl M V �ci; 00 h 1� V1 > O N N O z C E m d ❑ F t9 7 7 a � � �. W C7 cn A � cvcy�l wC7A w � � A w 0 cs w C7 x Z0 w U Q V O d rs! w O u� O F W C7 C7 z w U co W ham" uwccat w x U a1 F F a a q u a W w w x V p�q ? F F U A ¢ A x w V 0u z w w W zz O F U A Q A w U o z z a W wW W�wy O W �n w O w uW1 cWc1 Q a W W y W F 0 W U a s W w U °^ n r� U W w U z W vFi vFi W j z V w U w �^ z 3 g vFi cF- � F Aw O Aw O A ¢ O U Q w V = o Z Ll U ww w w w A rn 0 V) 9 wwcya va "„ G w Oww 1s zZ � > r� C7C7C7aQAO _ � 0 > w � � C7 C7 C7 u a a a M M M M M M M M M M MM M M M M M M M M M M M M M M M M M M M M M M M h V1 V1 V1 V1 Vl Vl V1 V1 h V1 h V1 V1 h Wl h Vl V1 V1 V1 V1 h Vl V1 V1 N V1 h N Vl h h h V1 F� H H (�� F F F H H H H E- - y � > >+ ? ? > > >4 ? > ? ? > >4 > > > > > > > > >+ > Ir a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a A A A A A A A A A A A A A A AAA A AAA A A A A A � A A A ❑ A A A c a a a aA. aaaaaaaaaaa. an. aaaaaaa.. a. aaa. a9wa a0. O .. O CL x d .r O v i(Y U �+ � I m U 06 Y U O ) O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N �••� N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O U co` J 0 O N Q O O N d U) m N — - — — — � � .. O N N O O O O O O O O O O O O O O O O Z N W ` N vi O O O o 0 0 0 C/) o � U) 0 0 o C\ a o, o v� vi vi 2 vi An W) �n O m O u 00 0o ao 00 00 0^0 00 00 00 00 00 00 o0 00 00 00 00 00 00 0 o. m N N m � •• O O O_ � .-i -+ .� M h a M_ N M h O � W t� O O_ O •-• •--� � •--� M v1 � M_ N_ N M i h h 1n Vl Vl h h h •-- h h n h h Vl N V'� N . . . . . . V1 Vl C •O -T., M O O O O O O M O O 0 0 0 •--� .-� � � -. .. .-. M O O O O O O M O 0 0 0 0 •--� -+ O � •"' M M M M �D V � � V 7 M M M M M M M �O � M M M M �D � � � � 7 M M y ~ C (i C O y L o Vl h h h o h h v v 7 v v w b h r 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •y O. Ua y 7 Li O V1 1� h V1 N h O . h h . . . h N N N N V1 •-• .-. •-. _ .-. .-. .-. .--� .-. .-. .-. .-. .-. N u .J•, y O Q\ N V1 QD W 00 00 01 00 00 00 W 00 00 00 00 OO 00 00 00 .-+ fn ❑ Q F Q 4 N M M M M M M N M M 'IT M M M M M M M M M O O O O O O O O O O O O O O O f off , C-4 * , CA CAm z � z M ami ƒ < e w \ \ § < 6 / § j / u w / { / \ . / j w \ / 4 tn \ \ [ ( ( f { § 2222 / ) ) ) ) ) � �yA 2 � |\ w = § CL LL % § . 0 w Q � k |\ § |\ Q � A § E 0 m � \ |% ( \ \ \ \ CD 0 \ \3 � C/) U) § Of m 0 t LL CL lo oo oo r- � 2 � § § & 0kk & ) | . . ] CL m o 0 � � 0 ) \ \ \ \ \ //3,el RECEIVED Finance Control No. 1-1 I V City of Fresno Lng p' 2- Security Deposit Form t:,n y O ?UBLIC WOR-Ks DEPT To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Improvement Performance Bond Deposited At: Armor Assurance Company Certificate/Acct. No: ARM10753 Deposit Amount: $70,000.00 Maturity Date: Depositor: Name: Centex Homes, a Nevada General Partnership Address: 801 S Akers Street Visalia, Ca 93277 Street City/State Zip Job Address: Tract 5730 Received By: Rose Saldivar, Public Works Engineering Date: 11/12/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip # FIN E USE ONLY Accepted Uy:^_ ` —(]aI Mame Date released By Name Date Type of Release: Mailed Hand Delivered Date Date 1 acknowledge, receipt of the above referenced instrument: Signature: Date Comments: 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: Armor Assurance Company Certificate/Acct. No: ARM10753 Deposit Amount: $70,000.00 Maturity Date: Depositor: Name: Centex Homes, a Nevada General Partnership Address: 801 S Akers Street Visalia, Ca 93277 Street City/State Zip Job Address: Tract 5730 Received By: Rose Saldivar, Public Works Engineering Date: 11/12/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY� k Accepted By: Name flats Released. By: ",OWNType of Re' ��: .e. a� Han[ii7e vend _._ Gare. - ate I acknowledge receipt of the alcove referenced instrument 4 Signature: . Date------.- Comments: ate — ---._Comments; i I Bond No.: ARM10753 I SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and Centex Homes, a Nevada General Partnership ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for the Final Map of Tract No. 5730 , is hereby referred to and made a part hereof;and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Armor Assurance Company , as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of Seventy Thousand and no/100 dollars ($ 70,000.00 ) 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. 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. i 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 November 5 ,2008 . intex Homes, a Nevada Principal: era Partnershi By: (Principal) ioim i P.Wyatt D 'sion President Surety: nce Com an Y* {Surety) Tan is Mat tso Attorney-in-Fact j I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of � / 'a_t_t V- On )A t%\" r't -F-'0'1 before me, 1t-\.N14l r R • m4C!v i� 0- e t'��j��i✓ (Here insert name and title o the officer) personally appeared Mk C-} P W t1A6_A_ who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. QJENNIFER A. MITCHELL Coffvn slon# 1746794 1/1 WITNESS my hand and official seal. NOM Public —CaMMAT 1 1. 1 W Placer County Corrin. Ex res Jun 21, 2011 Signature of Notary Public (No ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorder/outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared (Additional information) which must also be the sane date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and thin your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER notarization. . Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/ther is/we)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a Title sufficient area permits,otherwise complete a different acknowledgment form. ❑ (Title) • Signature of the notary public must match the signature on file with the office of Partner(s) the county clerk. ❑ Attomey-in-Fact :•Additional information is not required but could help to ensure this H Trustee(s) acknowledgment is not misused or attached to a different document. J ( ) •:•Indicate title or type of attached document,number of pages and date. a Other •:•Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com S-4067/GE 11/07 XDP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Texas County of Harris On November 5 2008 before me, Amy Griffith,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Tannis N.Mattson 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon are,, } rAY G^IFF IFF!-i ' behalf of which the person(s) acted, executed the instrument. ?~IMARY FIfWIIC,STATE OFTEAS � MY Com6jissION EXPIRES s,EUFt�' APRIL 19,2010 WITNESS my hand andoff ial seal. SIG ATURE OF O RY 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 Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 4 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: November 5 2008 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) Armor Assurance Company SIGNER(S) OTHER THAN NAMED ABOVE S4067/GEEF 2198 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184"Canoga Park,CA 91309-7184 POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that ARMOR ASSURANCE COMPANY, 100 Bank Street, Suite 610, Burlington, a Vermont Corporation (the "Corporation"), pursuant to resolutions adopted by the Board of Directors on May 15, 2006, has constituted and appointed and does hereby constitute and appoint Donald R. Gibson, Tannis N. Mattson, Sandra R. Parker, Shannon L. Demers, Jonathan J. McKenzie, Edward F. Precourt, Jennifer L. Pettengill and Lori A.White each its true and lawful Attorney-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes,to wit: 1. Surety bonds to the United States of America or any agency thereof, including lease and. miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization,public or private. 2. Bonds on behalf of contractors,in connection with bids,proposals or contract. 3. Insurance policies and Certificates of Insurance related to financial assurance for closure,post-closure and/or corrective action obligations. The foregoing powers granted by the corporation shall be subject to and conditional upon the written direction of any officer(or any designee of any such officer)to execute and deliver any,such bonds. The signatures and attestations of such Attorneys-in-fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF,the Corporation has caused these presents to be signed by its President and Secretary,.and its corporate seal to be hereto affixed this P*h day of 20C&. Witness: ARMOR ASSURANCE CONTANY f ,,ward F.Precourt Michael 5,A16right Assistant Secretary President Armor Power of Attorney 01 1107 RECEIVED Finance Control No. DEC 2 ` Y Cit of Fresno `'��� _ � ��� • � r '�' Security Deposit Form C►IY Cr 61.111 FUOLIC WOR'65 DEPS To: Finance Department - Accounting Division From: Rose Saldivar - Public Works Department CD Passbook Other Subdivision Improvement Payment Bond Deposited At: Armor Assurance Company Certificate/Acct. No: ARM10754 Deposit Amount: $37,000.00 Maturity Date: Depositor: Name: Centex Homes, a Nevada General Partnership Address: 801 S Akers Street Visalia, Ca 93277 Street City/State Zip Job Address: Tract 5730 Received By: Rose Saldivar, Public Works Engineering Date: 11/12/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANC USIE ONLY I Accepted By: Name Date Released By:_ Name Date I ype of Release: Mailed Hand Delivered, Date bate I acknowledge receipt of the above referenced instrument: Signature:. Date Comments: 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: Armor Assurance Company Certificate/Acct. No: ARM10754 Deposit Amount: $37,000.00 Maturity Date: Depositor: Name: Centex Homes, a Nevada General Partnership Address: 801 S Akers Street Visalia, Ca 93277 Street City/State Zip Job Address: Tract 5730 Received By: Rose Saldivar, Public Works Engineering Date: 11/12/08 Authorization to Release Signature Date Release To: Name: Address: Street City/State Zip FINANCE USE ONLY Accepted By: Name- Date_ Released By: AWN iWw"" Narn ` X. Date 'Type of Release: mafied Date Date l acknowledge receipt of the above referenced instrument: Signature: Date --- ' r Bond No.: ARM10754 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and Centex Homes. a Nevada General Partnership ("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. 5730 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 Armor Assurance Company 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 Thirty Seven Thousand and no/100 dollars ($37,000-00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration,or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration,or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on November 5 , 2008 Cent Home a Nevada Principal: By: VV (Principal) �p Sur : Ar As uranc Companyi y Sur ty)Tanni N Mat son Attorney 'n-F ct ' r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On �p�, 2--b0$ before me, ,:" -t'i( �l � LC�� lADpN #`�-I-'-,A 1 C„ t � (Here insert name and title o the officer) personally appeared l C�GjL � P �`- A who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER A. MITCHELL ,A WITNESS my hand and official seal. Conxrdsslon# 1746794 Z Notary Public —CoWornla (' z Placer County Comm. Expires Jun 21a Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e.certifying the authorised capacity of the signer).Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach thisform ifrequired Number of Pages Document Date - State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared (Additional information) which must also be the same date the acknowledgment is completed, • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). - Print the name(s)of document signers)who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER notarization. Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they; is/am)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a sufficient area permits,otherwise complete a different acknowledgment form. F-] (Title) • Signature of the notary public must match the signature on file with the office of Partner(S) the county clerk. ❑ Attorney-in-Fact •:•Additional information is not required but could help to ensure this e Trustees acknowledgment is not misused or attached to a different document. ( ) ❖ Indicate title or type of attached document,number ofpages and date. Other •:• Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaTyClasses.com S-4067/GE 11/07 XDP CALIFOFNIA ALL-PURPOSE ACKNOWLEDGMENT No.590 State of Texas County of Harris On November 5 2008 before me, Amy Griffith,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Tannis N. Mattson 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon MAY GRIFFITH behalf of which the person(s) acted, executed the instrument. Nr,1h;?y'PUBLIC,STATE OF TEXAS my COMWSSION EXPIRES APRIL 19, 2010 WITNESS my hand and official seal. SIGNA URE OF 140TARY 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 Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) 4 ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: November 5 2008 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) Armor Assurance Company SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that ARMOR ASSURANCE COMPANY, 100 Bank Street, Suite 610, Burlington, a Vermont Corporation (the "Corporation"), pursuant to resolutions adopted by the Board of Directors on May 15, 2006; has constituted and appointed and does hereby constitute and appoint Donald R. Gibson, Tannis N. Mattson, Sandra R. Parker, Shannon L. Deniers, Jonathan J. McKenzie, Edward F. Precourt, Jennifer L. Pettengill and Lori A.White each its true and lawful Attorney-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes,to wit: I. Surety bonds to the United States of America or any agency thereof, including lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization,public or private. 2. Bonds on behalf of contractors in connection with bids,proposals or contract. 3. Insurance policies and Certificates of Insurance related to financial assurance for closure,post-closure and/or corrective action obligations. The foregoing powers granted by the corporation shall be subject to and conditional upon the written direction of any officer(or any designee of any such officer)to execute and deliver any such bonds. The signatures and attestations of such Attorneys-in-fact and the seal of the Corporation may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed. IN WITNESS WHEREOF,the Corporation has caused these presents to be signed by its President and Secretary, and its corporate seal to be hereto affixed this 5ho day o 2008 . Witness: ARMOR ASSURANCE COMPANY dward F.Precourt Michael S,Albright Assistant Secretary President Armor Power of Attorney 01 1107 1 SPC' 'go Seov o��s�����orf�". r All $' A } 1 , f I r / f I / r J i � 1 . � n r r w � r • d 1 � ! r • f ! n ! n ! n � h V �+ n t n ! A f � f � C t(jt —Company Profile Page 1 of 2 t Company Profile ARMOR ASSURANCE COMPANY 100 BANK STREET, SUITE 619 BURLINGTON, VT 05451 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Aizent for Service of Process? Deference Information NAIC #: 10632 NAIC Group #: 0000 California Company ID #: 4953-6 Date authorized in California: April 25, 2006 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: VERMONT Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to thelog ssary. SURETY Company Complaint Information Company nforcement Action_Documents Company Performance & Comparison Data Composite_Complaint Studies Want More? Help Me Find a Coany Representative in M_y Area http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=74... 11/12/2008 °-ompany Profile Page 2 of 2 Financial Rating`Organizations Last Revised-June 27,2008 09:13 AM Copyright©California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=74... 11/12/2008 nla 565��6 15 278 CI1y`l'EalES 611 CE1 tEX HOMES CENTRAL VALLEY c;t, zz, 2oos PO BOX 199000 ' DATE: _ _ DALLAS, TX 75219 ***$4,000.00 -- f Four Thousand D tlars and0NN �T �? Cents Bink of America N.A.Atlanta,C9 akalb Cty CHECKS GRE4TER THAN 59,999,99B.0U MAY NOT BE SIGNED BY FACSIMILE 1E#•N'-N �•N-j,E iF 9F#�-•7h-1F iF 3F# dF dF 9F.3iF&d6 �-1[-ak " �p �.�� PAY 70 THF CITY OF FRESN0 T" ORDER OF P.O BOX 2059 Y FRESNO, CA X33718 269 0 :. s1GNAT11r#E NP THIS DOCUMENT INCLUDES AN ORIGINAL VWf u'86555611' 1:06111 27B61: 3 2999715 2511' CEN TEX HOMES lua X65445 64�,27a CENTEX HOMES CENTRAL VALLEY PO BOX 199000 DATE: Oct. 21 2008 ' -- DALLAS, TX 752`19 2 A. L— -.1 *' **$47,743.37 Forty Seven Thotesanc[ Seven Hundred '�'�4 r a_ Bank of America N.A. Atianta,Dekalb Cty CHECKS GREATER THAN 59,999;,999.00 MAY NOT BE SIGNED BY FACSIMILE dE iF iE�f- PAY . .FRESNO Ft# iF 9F•%'3F�f iF•% if•#94 dF %. 9(• *iF iF Y TOTHE CITY Or= ORDER OF P O BOX 2069 FRESNO; CA 93718-20159:: o I' SIGNATt R€ ? NAWR LFRE NP W HOLD TO LIGHT SOURCE TO VIEW ii'86510, 511' 1:06 1 11 27BB1: 3 29997 15 2511' C wIlEX 14aMEs ��: 865295 � ,z7$ 611 CEIITEX HOMES CENTRAL VALLEY Oct. 09, zoo8' PO SOX 199000- DATE; sI DALLAS, TX 75219 $ '�J ****$53,772.21 Fifty Three Thc, sand Severs Hundred Seg ��r grid Bank of America N.A. Atlanta,Qekalb Cty CHECKS GREATER THAN $9,999,999.00 AV.i MAY NOTE SIGNED BY FACSIMILE PAY R THE CITYFR .OF ESNO / ORDER OF P,O. BOX 2069 FRESNO, CA 937718-2Q69 o SIGNATURE NATURE NP 11'865 29511' 1:06111 27681: 3 29997 15 2511'