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HomeMy WebLinkAboutT-5935 - Cashier Memo - 8/28/2008 City Q MEMORANDUM ff 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::.::::::: RSC.:.; ; ;:: :: ::: :: :. S.f FNT: :;:::: ..... ......... . .........: .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) CO O O O oo O O 10 Cl O -- N v1 O O O 10 O O U N D O O O O r 'o O O O O O C r 7 O O O C O O b O O b M U O O O b O N C V O O rn O O O -- v� O O O O O b b C Q O O O CT O O O C 'o O O r/l O O C O 00 O n M O o0 N N N vl V M N N U 'o O C b OC C N O _ 'o N O T b C C C Um 'o 'o W f� C r r C M N 00 M DD r V'1 M T C '7 N M r M U C r b b vl O r O r M 'o M V O r M 03 O � O Q r O m w „ E o i- rn c c a 0' 0: F v� v q F cn v n w t— U. w F t— M 0 w w a O a C7 �' C'J z r.,., LLQ �n U UcL. cn lo lo Off. W W q Fw-� w W z u w V O] �" 55 U w < a oo o v v U Cl a Q w 7, U cl a Q U x W z z a 4 >i z a u C, u rn a W w W �-. W w W cA W F-' Q w U �"' 0 a. 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