HomeMy WebLinkAboutT-5935 - Cashier Memo - 8/28/2008 City
Q MEMORANDUM
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PLANNING&DEVELOPMENT DEPARTMENT- PLANNING DIVISION •2600 FRESNO STREET-FRESNO, CA 93721
DATE: August 7, 2008 - �= L ..
TO: ROSE SALDIVAR 2 R 2008
Public Works Department p
Plann!
FROM: JONATHAN BARTEL
Planning & Development Department
SUBJECT: SUBMITTAL OF FEE PAYMENT FOR TRACT NO. 5935
THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING:
1. Performance Bond in the amount of$2,059,000.00
2. Payment Bond in the amount of$1,083,500.00
3. Certificate of Deposit in the amount of$108,000.00
4. Check in the amount of$511,165.36 (California Bank and Trust No. 012387)
5. Copy of the Subdivision Agreement identifying itemized applicable charges.
If you have any questions, please contact me at 621-8076.
Thank you,
Jonathan Bartel
Finance Control No.
City o-f 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: 1380196103
Deposit Amount: $108,000.00 Maturity Date: 08/06/09
Depositor: Name: Bonadelle Homes, Inc.
Address: 7030 N Fruit Ave Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5935
Received By: Rose Saldivar, Public Works Engineering Date: 08/08/08
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE, USE ONLY
Accepted By:
Names Date
Released By:_
�m Date
Type of Release: Ma,ie i Hand Delivered
Date Date:
acknowledge receipt of the above referenced instrument:
Signature: Date
Comments::
W AUTOMATICALLY RENEWABLE
CALIFORNIA BANK
V Tnusr 1 TRUST
LL
�... U ISSUED AT Plam OFFICE Fresno CA DATE 08/06/08
N W (CITY OR TOWN) (STATE)
W c=) ***Bonadelle Homes Inc**Tract #54
U 0 (CUSTOMER NAME) (CUSTOMER NUMBER) _
V
} w ** ** One Hundred Eight & no/100** ** ** ** ** ** ** ** ** **DOLLARS $ 108,000.00 Q
j **City of Fresno** m
HAS TODAY BEEN DEPOSITED WITH CALIFORNIA BANK&TRUST PAYABLE TO OR ORDER UPON MATURITY
QLo AS HEREINAFTER SPECIFIED AND UPON PRESENTATION AND SURRENDE OF THIS CERTIFICATE,PROPERLY ENDORSED,AT THE ABOVE OFFICE.
/� THE MATURITY OF THIS CERTIFICATE WILL BE 08/ 6. AFTER DATE,AND SUCH MATURITY WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE LIKE PERIODS
ay O 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 LCL%PER ANNUM
FROM DATE HEREOF UNTIL ULTIMATE MATURITY,AS ABOVE PROVI�CH INTEREST WILL BE
PAID OR CREDITED AT EACH SUCCESSIVE MATURITY DATE IN ACCORDANCE WITH THE WRITTEN / / •� I�/ ^
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
Account Number: 1380196103
Security Amount: $108,000.00
A'S.S:f l\[11�1EN . *.,.,.,.,.,.,.*.*.*.*.,....'.,.,.,.,.,:.,.*.",*I
(Subdivision Agreement)
SECURITY FOR: Bonadelle Homes, Inc.
hereinafter called ASSIGNOR, whose principal place of business is
7030 N. Fruit Ave, Suite 101, 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
California Bank & Trust , evidenced by Assignment Accountin the amount of
$108,000.00 number 12 384 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 Tract 5935
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 6 day of August 41) 0e
Yame_& Title of Assignor
:.:5:::.:.G::.:::::::
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:;::::
.....
......... . .........: .I,P.�'.,.�O.F�.::N 0.� .0 ........F.;:�....................................
Receipt is hereby acknowledged to the City of Fresno of the State of California of written
notice of the assignment to the City of this 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 6 day of August 19 2008
California Bank & Trust 5240 N. Palm Ave. Fresno, CA 93704
Bank Name Branch Location City State
By A 11b- �•
Name Title of officer
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: 780403S
Deposit Amount: $2,059,000.00 Maturity Date: 08/06/09
Depositor: Name: BN 5312 L.P., a California Limited Partnership
Address: 7030 N Fruit Ave, Ste100 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5935
Received By: Rose Saldivar, Public Works Engineering Date: 08/08/08
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Date
Released By;,_
Name Date
Type of Release: Mailed Nand Delivered
Date Bate
I acknowledge receipt of the above referenced instrument:
Signature: Date
Comments:
P
Bond No.: 780403S
Premium:$18,531.00
SUBDIVISION IMPROVEMENT
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
BN 5312 L.P.
("principal")will be entering into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement, identified as
Subdivision Agreement for the Final Map of Tract No. 5935 is hereby referred to
and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for
the faithful performance of said agreement.
Now, therefore, we, the principal
and Developers Surety and Indemnity Company , as surety, are held and firmly
bound unto the City of Fresno ("City"), in the penal sum of
Two Million, Fifty-Nine Thousand and Noll 00 dollars ($ 2,059,000.00 )
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 inderrinify and save
harmless City, its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void;otherwise it shall be and remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the agreement or to the work to be performed thereunder or
the specifications accompanying the same shall in anywise affect its obligations on this
bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on August 1 20 08
Principal:BN 5312 L.P.
By: L-k..1 - r —
(Principal)
Surat OPERS SURE A INDEMNITY COMPANY
By:
r ty ayn a Atto n y-in-Fact
Tract 5935.max
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Fresno
On 08-01-08 before me, Sherryl 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)
Comm133lon * 1760637
acted, executed the instrument.
Notary Public -California I certify under PENALTY OF PERJURY under the laws of
Fresno County the State of California that the foregoing paragraph is true
MVCWM80" lv18.2011 and correct.
Witness my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Publ 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 7opof thumb ❑ Guardian or Conservator 7opof thumb here
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NalionalNotary.org Item 05907 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 Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contacts 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)-in-Fact,pursuant to these presents,
are hereby ratfied 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,eBecbve 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 allomey(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 AMD fy+'., ,PANV F
Stephen T.Pate,Senior Vice President �Ji QV,p0R-4 f E�,z y ��C��PPO,q
�s OCT.5
By: S 0 3i 1 9 3 6 7 0. w 1967
Charles L.Day,Assistant
State of California
County of Orange
On January 1 st,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 hislherlthelr authorized
capacity(ies),and that by hislhedtheir signature(s)on the instrument the person(s),or the entity upon behalf of
CHRISTOPHER I ROACHwhich the person(s)acted,executed the instrument.
g COMM.#1746M
a MOITARY PUBLIC CJ;.IFOFW� I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is
ORANGE true and correct.
1. COMM.WOMB May 19,2011
WITNESS my hand and offi ial seal.
Place Notary Seal Above Signature
CherJ.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 St day of AUgust, ' 2008
By:
Albert Hillebrand,Assistantecretary
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: 780403S
Deposit Amount: $1 ,083,500.00 Maturity Date: 08/06/09
Depositor: Name: BN 5312 L.P., a California Limited Partnership
Address: 7030 N Fruit Ave, Ste100 Fresno, Ca. 93711
Street City/State Zip
Job Address: Tract 5935
Received By: Rose Saldivar, Public Works Engineering Date: 08/08/08
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FINANCE USE ONLY
Accepted By:
Name Date
Released By:
Name Date.
Type of Release: maiied Hand Deliveredi
Date. Date
I acknowledge: receipt of the above referenced instrument:
Signature:, Date
Comments:
Bond No.: 780403S
Premium: Included
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
BN 5312 L.P.
("principal") have entered or will be entering into an agreement whereby the principal
agrees to install and complete certain designated public improvements, which agreement,
identified as Subdivision Agreement for the Final Map of Tract No. 5935 , is
hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement,the principal is required before entering
upon the performance of the work,to file a good and sufficient payment bond with the City
of Fresno("City") to secure the claims to which reference,is made in Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now,therefore, the principal and
Developers Surety and Indemnity Company as corporate surety, are held
firmly bound unto the City and all contractors, subcontractors, laborers, material men, and
other persons employed In the performance of the agreement and referred to in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of
One Million, Eighty-Three Thousand, Five Hundred and No/100 dollars
($ 1,083,500.00 ), 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 princlpal and surety
above named, on August 1 , 20 08
Principal: BN 5312 L.P.
By: �_
(Principal
Surety: LOPERS SLJTY INDEMNITY COMPANY
By:
et )
Wayn amb, orney-in-Fac
Tract 5935.max
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Fresno
On 08-01-08 before me, Sherryl 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
titiER l L FF person(s), or the entity upon behalf of which the person(s)
comminion * 1760637
acted, executed the instrument.
Notary PUbI1C -Callfornla I certify under PENALTY OF PERJURY under the laws of
Fresno County the State of California that the foregoing paragraph is true
� � Ncv18,�D11 and correct.
Witness my hand and icial seal.
Signature
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 rop7
❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator 7op7here
❑ 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.NationalNotary.org Item N5907 Reorder:Call Tall-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 ads of said Altorney(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 altorney(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: AND �N"'`o �PANV 0
Stephen T.Pate,Senior Vice President arJ 0R
p O� 4t'':�yss
ra
C1
` OCT. R�+ x5 2V R
OCT.
++i S 19 °c�fi 5 0
By, 0 1 9 3 6 e F w 1387 Z
Charles L.Day,Assistant Secretary :
��
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 helshelthey executed the same in hislheritheir authorized
capacity(les),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
ER J.R0AW1 which the person(s)acted,executed the Instrument,
COMM.# t746W9
NOTARY P11WC CAtlFOPMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
OPANGE COWM true and correct.
Wy comm.vow Ai{8 19,2M I
WITNESS my hand and offi alseal.
Place Notary Seal Above Signature
Chr' er J.Roach
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby cerfify
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 St day of Augus ' 2008
By:
Albert 1-llebrand,Assistant ecretary
I D-1380(Wet)(Rev.07107)
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