HomeMy WebLinkAboutT-5901 - Cashier Memo - 7/8/2008 City of
MEMORANDUM
PLANNING&DEVELOPMENT DEPARTMENT-PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721
DATE: June 5, 2008MD
LLll}
TO: ROSE SALDIVAR JUN 12 2008
Public Works Department
Planning Division
FROM: JONATHAN BARTEL Planning &Development Dept
Planning & Development Department CITY OF FRESNO
SUBJECT: SUBMITTAL OF FEE PAYMENT FOR TRACT NO. 5901
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$79,000.00
2. Payment Bond in the amount of$41,500.00
3. Certificate of Deposit in the amount of$4,000.00
4. Check in the amount of$234,805.56 (California Bank Trust No. 012011)
5. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8076.
Thank you,
(;,-4 lg;
Jonathan Bartel
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:
Deposit Amount: $4,000.00 Maturity Date: 06/03/09
Depositor: Name: Bonadelle Homes, Inc.
Address: 7030 N. Fruit, Suite 100 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5901
Received By: Rose Saldivar, Public Works Engineering Date: 06/05/2008
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
i
Accepted By;
Name at
RM <:
o ,
,f
Released By:
Name
Type of Re(ease.-; ; ,ma;ie
Date eiuii Iuuiik i7lte
acknavvieM ge'reo�rpt"o tihe above ref rericetl i it,trumer t.
Signature: _ Date
_,i
a
Comments:
W AUTOMATICALLY RENEWABLE
F_ C B CALIFORNIA BANK
U TRUST TRUST
E
U
ISSUED AT Palm OFFICE Fresno CA DATE 6/3/08
M W (CITY OR TOWN) (STATE)
Y, o
W *****Bonadelle Homes Inc.***** Tract #5901
0 (CUSTOMER NAME) (CUSTOMER NUMBER) _
V
***********Four thousand & no/100***************************MLLARS $4,000.00 Z¢
w
a 0 HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK 8 TRUST PAYABLE TO **C 1 tY Of Fresno** OR ORDER UPON MATURITY m
Q (p AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND 6SlJRF1 Iff OF THIS CERTIFICATE,PROPERLY,ENDORSED,AT THE ABOVE OFFICE.
p� O THE MATURITY OF THIS CERTIFICATE WILL BE // 55 (())`y� AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
w 0 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) 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 **1.68()%** %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
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: 780400S
Deposit Amount: $79,000.00 Maturity Date:
Depositor: Name: Bonadelle Homes, Inc.
Address: 7030 N. Fruit, Suite 100 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5901
Received By: Rose Saldivar, Public Works Engineering Date: 06/05/2008
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
;AA,,cPe ed By`
Name Dat
Released By:_._-_�_
Narne Dote
TYI3,e_of t N1aiie nCl Delivered
bate Bata
I acknowledge receipt of the alcove reference
d instrument: .
rtf .
t�rnmen " .
Bond No.• 780400S Premium: $711.00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
BN 5312 L. P.
("principal")will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements,which said agreement, identified as
Subdivision Agreement for the Final Map of Tract No. 5901 , is hereby referred to
and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore, we, the principal
and Developers Surety and Indemnity Company , as surety, are held and firmly
bound unto the City of Fresno ("City"), in the penal sum of
Seventy-Nine Thousand and No/100 dollars ($ 79,000.00 )
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.
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,�.P. une 3 _, 2008
Principal: 5
By:
(Pri cip y
Sure : D ERS SURE DEMNITY COMPANY
By:
-`111111,ol,-. , 7w��.f 7
flp�V7&1
( r ne#b,W;+ -in
Subdivison Bonds-Fresno 2-2008.max
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Fresno
On 06-03-08 before me, SherryI Leff, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Wayne Lamb,Attorney-in-Fact
Name(s)of Signer(s)
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
SHERRYL LEFF person(s), or the entity upon behalf of which the person(s)
Commission # 17dOSS7 acted, executed the instrument.
Notary Public -California
Fresno County I certify under PENALTY OF PERJURY under the laws of
3W MyCorrm.9plilliallov1a2011 the State of California that the foregoing paragraph is true
VVY and correct.
Witness my hand an fficial seal
Signature 3t&q—
Place Notary Seal Above Signature of Notary Pu 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—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑Limited❑General ❑ Partner—❑ Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator lopof ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotary.org Item 45907 Reorder:Call Toll-Free 1.800-876-6827
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOWALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,constitute and appoint:
***Wayne Lamb, Gary E. Richards, DeAnna Slater, Sherryl Leff, 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 surety-
ship 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 Attorney(s)-inrFact,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 January 1st,2008.
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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st,2008.
By, .�'�SK AND tNy SPAN Y
Stephen T.Pate,Senior Vice President
Og
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,xu
OCT, c c 2 �` OCT.5Ca
d n
6y' OM 19 3 0 0 a 1967 2
Charles L.Day,Assistant Secretary 8�%�T4'%'s/ow p �t)Fr0
State of California 'v ,:*
County of Orange
On January 1st,2008 before me, Christopher J.Roach Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L.Day
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare 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/herltheir signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
Y PLUM CA1.1111140FINA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
OPAMCOUNW true and correct.
VAW
fiONIfA. 1fg��1'f 1
WITNESS my hand and offi ial seal.
Place Notary Seal Above Signature
Ch er J.Roach
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,theme day of jLMM
By:
Albert Hillebrand,Assistant ecretary
I D-1380(Wet)(Rev.07/07)
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: 780400S
Deposit Amount: $41,500.00 Maturity Date:
Depositor: Name: Bonadelle Homes, Inc.
Address: 7030 N. Fruit, Suite 100 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5901
Received By: Rose Saldivar, Public Works Engineering Date: 06/05/2008
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ON
Marne ,, Dat
Released B ry
a rvam e
P .
Type of Release: maiteti Hand DI-IV
Date e Date_,
acknowledge receipt of the.above referenced instrument:
Signature: Date____`
Comments:
Bond No.: 780400S Bond Premium Included In Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
BN 5312 L.P.
("principal") have entered or will be entering into an agreement whereby the principal
agrees to install and complete certain designated public improvements, which agreement,
identified as Subdivision Agreement for the Final Map of Tract No. 5901 is
hereby referred to and made a part hereof, and
Whereas, under the terms of the agreement,the principal is required before entering
upon the performance of the work, to file a good and sufficient payment bond with the City
of Fresno ("City")to secure the claims to which reference is made in Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and
Developers Surety and Indemnity Company as corporate surety, are held
firmly bound unto the City and all contractors, subcontractors, laborers, material men, and
other persons employed in the performance of the agreement and referred to in Title 15
(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code in the sum of
Forty-One Thousand Five Hundred and&No/100 dollars
($ 41,500.00 ), 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, June 3 , 20 08
Principal: N 5312 L. .
By:
(PrI cipal)
Sure OPERS SU T 4 INDEMNITY COMPANY
By:
u Ayl
Wayn Lam Attorney-in-Fact
Subdivison Bonds-Fresno 2-2008.max
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Fresno
On 06-03-08 before me, Sherryl Leff, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Wayne Lamb, Signer(s)
b,Atto ame(s)of Signe -Fact
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)
SHER I N& acted, executed the instrument.
LE
Commission #t 17e0837 I certify under PENALTY OF PERJURY under the laws of
• Notary Public-Calltotnla the State of California that the foregoing paragraph is true
Fresno County and correct.
MyConm g Nov11111,2011
Witness my hand and official seal.
Signature
_ S"
Place Notary Seal Above Signature of Notary Pu&fc
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 O Individual
❑ Corporate Officer Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee OF SIGNER
❑ Guardian or Conservator lop7th ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
®2007 National Notary Association-9350 De Soto Ave.,P.D.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
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 as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,constitute and appoint:
***Wayne Lamb, Gary E. Richards, DeAnna Slater, Sherryl Leff, Cynthia Sauceda, Donna M. Smith, jointly or
severally***
as their true and lawful Adomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attorney(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 Attorney(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 January 1st,2008.
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 attomey(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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st,2008.
\1Y141{.y
By: a�`s�gHAND H ANY
Stephen T.Pate,Senior Vice President �� o p0R4 �G aRPO 0
r G 4o tt as '' G r0
a OCT. g� OCT.5 0 O
t8
By. Charles L.Day,Assistant Secretary D s1 19 3 B
C' 1987
P
<fFO%
State of California
County of Orange
On January 1st,2008 before me, Christopher J.Roach,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T.Pate and Charles L.Day
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare 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
400HFlJST0PMJ,FK11ACHV which the person(s)acted,executed the instrument.
COW.#1748
Y PUBLJC CAUF011114A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
O1 SOLWTY true and correct.
my oommopb" "I ffit1
WITNESS my hand and ofti ial seal.
Place Notary Seal Above Signature
Chr erJ.Roach
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- day ofJu r ,
By
Albert Hillebrand,Assistant ecretary
ID-1 380(Wet)(Rev.07/07)
4G INSCO INSURANCE SERVICES, INC.
insc%1co Underwriting Manager for:
�p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300
MAINTENANCE BOND
BOND NO.: 480400S
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT we, BN 5312 L.P. ,as Principal,
and Developers Surety and Indemnity Company ,a corporation organized and doing business under
and by virtue of the laws of the State of Iowa and duly licensed to conduct surety
business in the State of California,as Surety,are held and firmly bound unto
City of Fresno
as Obligee,in the sum of
Four Thousand and No/100
($4,000.00 )Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors
and successors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
Tract 5901
WHEREAS,said agreement provided that Principal shall guarantee replacement and repair of improvements as described
therein for a period of one year following final acceptance of said improvements;
NOW,THEREFORE,if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason
of any defective materials or workmanship which become apparent during the period of one year from and after acceptance
of the said improvements by Obligee,then this obligation shall be void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact
this 3rd day of June 2008
R
BN 5312 L.P. % DEVELOPE RETY AND INDE I MPANY
Principal
By. BY:
aye amb, Attorney-in-Fact
ID-1201(CA)(One Year Term)(REV.3/01)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STAFE OF CALIFORNIA
County of Fresno
On 06-03-08 before me, Sherry) Leff, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Wayne Lamb,Attorney-in-Fact
Name(s)of Signer(s)
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)
SHERRVL LEFF acted, executed the instrument.
Commission 0 1780837
Notary Public -Callfornla I certify under PENALTY OF PERJURY under the laws of
Fresno County the State of California that the foregoing paragraph is true
MVC0rrxn.E9bsNOv18,1011 and correct.
Witness my hand andoffic" I seal.
Signature
4l�_7
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
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee OF SIGNER ❑ Trustee
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator lopof
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth.CA 91313.2402-www.Nationa]Notary.org Item#5907 Reorder:Call Totl-Free 1-800-876.6827
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 as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each,hereby make,constitute and appoint:
***Wayne Lamb, Gary E. Richards, DeAnna Slater, Sherryl Leff, 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 surety-
ship 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 Attorneys)-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 January 1st,2008.
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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st,2008.
AND"
By: fNO�a
Stephen T.Pate,Senior Vice President 3gc"J ILP 0Rq�,�Fg s ��' PPO 5%�
OCT, F r�i e ? OCT.5 O
By: �$� 18 S 6 `jam 0 1987
Charles L.Day,Assistant Secretary , Jr a 8
State of California
County of Orange
On January 1st,2008 before me, Christopher J.Roach Notary Public _
Date Here Insert Name and Title of the Officer
personally appeared Stephen T.Pate and Charles L.Day
Name(s)of Signer(s)
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.
�.#MGM
PK&C CA&WOMMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
0 fOWfi'if true and correct.
Comm WI;1 NOUN 1%2MI
WITNESS my hand andoffs ial seal
Place Notary Seal Above Signature
Ch' erJ.Roach
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,theme day of,JIe M
"AWeBy:
lbert Assistant ecretary
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