The URL can be used to link to this page

Home My WebLink AboutRelease Security PP 06-02 Pacific Pointe Partners Inc. CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Release the Improvement Security for Pointe Monterey II (PP 06-02) and Accept a One-Year Maintenance Bond SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Pacific Pointe Partners, Inc. 2552 Walnut Ave., Ste. 150 Tustin, CA 92780 Bond Number: 8665780 Performance and Payment Bonds Fidelity and Deposit Company of America 2100 Main Street, Third Floor Irvine, CA 92614 Maintenance 8665780-M Bond Number: Fidelity and Deposit Company of Maryland 2100 Main Street, Third Floor Irvine, CA 92614 DATE: June 11, 2009 CONTENTS: Vicinity Map Performance Bond Labor & Materials Bond Maintenance Bond Recommendation: By Minute Motion, release the improvement security for Pointe Monterey II (PP 06-02) and accept a one-year maintenance bond. Discussion: At the time of grading permit issuance, the applicant submitted improvement security in the total amount of $401,254.13 for precise grading and off-site improvements. All grading and improvements have been completed, and the Public Works Department has inspected the site and found it acceptable. The applicant has submitted a one-year maintenance bond in the amount of $26,750.00, which is ten percent of the Performance Bond amount. Staff Report Release Improvement Security for PP 06-02 and Accept a One-Year Maintenance Bond Page 2 of 2 June 11, 2009 Therefore, staff recommends that Council authorize the City Clerk to release the improvement security for Pointe Monterey II (PP 06-02) in the total amount of $401,254.13, and accept the one-year maintenance bond in the amount of$26,750.00. Submitted By: Depart n ad: '�/ C'�i�.a Christina Canales Mark Green ood, P.E. Assistant Engineer Director of Public Works Appro al: Homer Croy Paul S. Gibson ACM for Dev opment Services Finance Director CiTY COiUIVCILACTtON Joh . Wohlmuth API'ROVF,D �_ Di?NI�D Ci anager RECEIVED OTH�:R MEETING DATE - -D AYES: F /cc NOES: -N��_,��-,_,__�_—__ � ABSENT: ABSTAIN: �✓� YF,RIFIED BY: Original an File with City Clerk's Uftice G:1PubWorkslStaNReports12009Uune 11108 Release Bond!or Pointe Monterey II PP 06-021SR Release Bonds.docx City of Palm Desert ArcIMS Map Output Page 1 of 1 Pointe Montere II PP 06-02 Vicinit Ma �� t��'`� >�r�?� ��. �'� �� '�. � ��',� �� . . . .... . . . . : ,. i�s � � � � �' . - . _ � .,. � CR�YST�L.�L.UL��4}' HlClL7�L�N C?AS1S � � � 4 � � � � � �" ,: � � � ,� �.�+�.ii,.,,,,.,.,..,...�i.,a,...io+i,.,,,.., o�W o�,-,,..,.,,. ��,-,,,.,.,,.�co,..,,,.o�r.,,,,o—r;�.,n.,o,-.,,o.,,.e,r�i;o„�vo ci��i�nno - 1 - CITY OF PALM DESERT STANDARDFORM FAITHFUL PER�ORMANCE BOND NAME OF DEVELOPMENT: POINTE MONT�REY zz NAME OF DEVELOPER: FULLMER CONSTRUCTION NAME OF SURETY: FIpELITY ANO DFPOSIT COMPANY OF MARYLAND EFFECTIVE DATE: JANUARY 9, 2�0 7 AMOUNT OF BOND: ��,� ��.e� ��,,�, Sev.�n `�`hrnlaanr� F;��A u„ndred Two & 75/100- - - - - -($267,502 .75) BOND NUMBER: PREMIUM:„g 5�4$5 �1L Twn vPa rG KNOW ALL MEN BY THESE PRESENTS: That the person, frm, corporation, en�ity, or otherwise, named on Line 2 abave, without regard to gender and number, hereinafter referred to as PRINCIPAL, and fhe corporation named on Line 3 above, a corporation autharized to do business in the State of California and presently possessed of authority under Title 6 af the United States Code to do business under Sections 6 to 13 thereof, in the aggregate amounts hereof, hereinafter referred to as SURETY, are jointly and severally held and firmly bound un#o the City of Palm Desert, a municipal carporation of the State of California, hereinafter referred to as CITY, in the sum mentioned on Line 5 ai�ove, for the faithful performance of that certain IMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the subdivision named on Line 1 above, as required by the pravisions of the Subdivision Map Act and CITY ordinances, resolutions, rules, and reguiations, for the payment of which surns L:ITemplateslFalthful Pe�fiormance Bond Standard Fonn.doc � - 2- well and truly to be made, PRINCIPAL and SURETY hereby bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, �rmly by these presents. THE CONDITI�N af the foregoing obligation is such that if #he said PRINCIPAL shall faithfully perform the covenants, conditions, and agreements contained in that cerfain lMPROVEMENT AGREEMENT between PRINCIPAL and CITY regarding the development named on Line 1 of Page 9 hereof, which said agreement is by this reference incnrporated herein, on its part to be kept and performed, in a manner anci form therein specified, and shall furnish material . in compliance with the specificafions and perform ali that cer�ain work and impravement in said CITY which is more particularly described in said IMPROVEMENT AGREEMENT, then the obligation with respec# to the faithful performance of said IMPROVEMENT AGREEMENT shall be void, otherwise to remain in full farce and effect. The said SURETY, for value recEived, hereby stipulates and agrees that no change, extension of time, alteration or addifion to the terms of the IMPROVEMENT AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shail in anywise affect its obligations on this band, and it daes hereby waive notice of any such change, extension of time, alteration or addition to the terms of the IMPROVEMENT AGREEMENT, the work, the specifications or any feature or item of performance thereunder. In the event it becomes necessary for CITY to bring an action to enfarce this bond, L:1TemplateslFaithful Performance Bond Standard Form.doc h J - 3 - SURETY shal[ pay CITY'S reasanable attorney's fees and court costs in connection therewith. IN WITNESS WHEREOF, PRINCIPAL and SURETY have executed #his instrument on the date mentioned on [..ine 4 of Page 1 hereof. FUI,LMER CONSTRUCTION P CIPAL � RlNCI A � FIDE.LITY AND DEPOSIT COMPANY OF MARYLAND SURETY � SURETY PATRICIA M. WHITE, ATTORNEY IN FACT (No#arial acknowledgment of execution by ALL PRINCIPALS and SURETY must be attached.) L:17emplateslFaithful Performance Bond Standard Form.doc � ACKNOWLEDGEMENT State of California County of Orange �n �]'ANfiAR Y gi ��(�7 before me, Chadler it Koenig,Notary Public (here insert name and title af the officer} personaily appeared Patricia M.White----------------------------------------------------------------------------- personally known to me(or proved to me on the basis of satisfactory evidence}to be the per5on(s)whose name{s) is/are subscribed to the within instrument and acknowledge to rrte 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 entiry upon beF�alf of which the person{s)acted, execufed the instrument. � WITNESS my hand d official seal. ,,�;;,;. CHADLER R.KOENlS ; COMMISSlON#5698940 Notary Publla-CntNornla � Signature � •� My Comml alon Expft�s ~ Chadler R Koe ' �� nuaus7 z,zoao "" ea OPTI�NAL 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. CAPACI7Y CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ IND1VfDUAL ❑ CORPORATE C?FFICER TITLE OR TYPE OF DOCUMEN7 TITLE(S) ❑ PAR7NER(S} B LIMITE� GENERAL � ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER�F PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF D�CUMENT NAME OF PERSON{S)OR EN717Y(l�S) SIGNER(S}OTHER THAN NAMED ABOVE � 5-40671GE 1/06 + � FRP CALIFORNIA ALL-PURP4SE ACKNOWLEDGMENT _ --�. - - State of California County of Dranq� On�lll�tct.+'t�t !0�2GY��`7 before me, �Y� M. l�t C o,t� , f1�o �vi �Pr�.b(i� , e Name and Till of OHicer(e.g.,"J Ooe,Notary Public') personally appeared��Cl t'Y►�S L • �Lt<<�'�-}"� �ame(s)of Signer(s) I�(personally known to me ❑ {or proved ta 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 �i he/she/they executed the same in his/her/their authorized EVA M. �uCERo� capacity(ies), and that by his/her/their signature(s) on the Corrxtltsafon� i698197 ins#rument the person{s), or the entity upon behalfi of Notay Pubnc—CenrornEa � which the person{s) acted, executed the instrument. Riveralde County Comm.fxpires Oct 9. 2010 W�TNESS my hand and official seal. Place Notary Seal Above ��(�� Signature ot Notary Pubtic OPTlOIVAL Though the informatron below is not required by law,it may prove valuabfe to persons relying on the documenf and could prevent fraudufent remova!and reattachmen�of this form to another document. Description of Attached Document Title or Type of Qocument: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) � Signer's Name: Signer's Name: ❑ Individual D Individual ❑ Corporate Officer —Title{s): �Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General . ❑Partner --❑ Limited ❑ General ❑ Attorney in Fact • ' O Attorney in Fact ' ' Top of Yhumb here Top of thumb here CJ Trustee �Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: 5igner Is Representing: Signer Is Representing: �2oa6 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9131&2402 v Item No.5907 Rewder.Call Tall•Free 1•8U0•876•6827 � - i - CITY OF PALM DESERT STANDARDFORM PAYMENT BOND (LAB�R 8� MATERIALS) NAME OF PROJECT: pnT�mE nrtnnmF,g�y II NAME OF DEVELOPER: FUL.LMFR CONSTRUCTION NAME 4F SURETY: �_FTD�'T.T?`V ANil T1FAn�TT rpMpp,NY (1F MARV'[,j�13T1 EFFECTIVE DATE: TANTTARY g.i �nn� AMDUNT 4F BOND: nnA HundrPc3 't'hi rt� '7'hrPa Thrniaanr9 Gavcn Hundz'ed Fifty One & 38/100- -- - - ($133,751 .38 ) BOND NUMBER: �hhs7�o PREMlUM: premium Included i n PPrforman�P Rnn� KN�W ALL MEN BY THESE PRESENTS: That the person, firm, carporation, entity, or otherwise, named on Line 2 of Page 1 hereof without regard ta gender and number, hereinafter referred to as PRINCIPAL; and the corporation named on Line 3 of Page 1 hereof, a corporation authorized to do business in the State of California and presently possessed of authority under Title 6 of tf�e United States Code to do business under Section 6 to 13 #hereof in the aggregate amounts hereof, hereinafter referred to as SURETY; are jointly and severely held and firmly bound unta and all materialmen, persons, companies or carporations furnishing materials, provisions, provender or other supplies used, in, upon, for or about the perfarmance of the work contracted to be executed or performed under the terms of that certain IMPROVEMENT AGREEMENT hereinafter mentioned and ali persons, companies or corporations L;\Templatesll,abor&Materials Sond Standard Form.doc � , ti -2 - renting ar hiring teams ar implements, or machinery, for contributing to said work to be done, all persons who performed wark or labor upon the same, and all persons who suppiy both work and materials, and whose clairn has not been paid by PRINCIPAL in the just and ful! sum mentioned on Line 5 of Page 1 hereof for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLfGATi4N is sucY� that whereas the above- bounden PRfNCIPAL has entered into an IMPR�VEMENT AGREEMENT with the City of Palm Desert, a rrtunicipal corporation of the State of Californ'ra, hereinafter referred to as CITY, for the construction of public improvements in the project named on Line 1 of Page 1 hereof, which said IMPROVEMENT AGREEMENT is by this reference incorporated herein: NOW, THEREFORE, if the above-bounden PRINCIPAL, contractor, person, company or corporation, or his or its subcontractor, or subcantractors, fails to pay for any materials, pravisions, provender, or the supplies, or teams used in, upon, for, or abnut the performance of the work contracted to be dane, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work for labor, SURETY on this bond will pay the same, in an amount not exceeding the sum specitied in this bond, and also, in case suit is brought on this bond, a reasonable attorney's fee which shall be awarded by the court to the prevailing pa�ty in said suit, said L:1Twnplates\Labor&Materials Bond Standard Form.doc w -3 - attorney's fee to be taxed as costs in said suit ancf to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of ali applicable CITY ordinances, resolutions, rufes and regulations supplemental thereto; and all amendments thereto; and shall inure to the benefit of any and all materialmen, persons, companies or corporations entitled to file claims under and by virtue of the provisions thereof. IN WITNESS WHEREOF, PRfNCIPAL AND SURETY have executed this instrument the date mentioned on Line 4 of Page 1 hereof. �r,r��.*,•��r+n ra'�'Fr�C��"�'�^vF� P CIPAL .' _ �' � `� ��R:IN I AL FIDELITY AND DEPOSIT COMPANY OF MARXLAND SURETY et--e9,.�`�� SURETY FATRICIA M. WHITF.,, ATTORNEY IN FACT (Notarial acknowledgement of execufion by ALL PRINCIPALS and SURETY must be attached.) APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY L:\TemplatcslLabor&.Materials Bond Standard Fonn.doc - � ACKNOWLEDGEMENT State of California County of Orange On JANUARY 9 , 2007 _ _before me, Chadler R Koenig,Notary Public � (here insert name and title of the officer) personally appeared Patricia M.White----------------------------------------------------------------------------- personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledge to me#hat helshe/they executed the same in his/her/their au#horized capacity(ies), and that by hislher/their signature(s)on the instrument the person(s}, or the entity upon behalf of which the person(s)acted, executed the instrument. � WITIVESS my han nd official seal. `�.,�;;,,. CBpDl�ii R.KOEMt6 CQMMISSION#1598840 �: Hotary Publlq-CeOfomla � ' ' ORANGE COUNTY o Signature • .i My Gommlualon Explrea Chadler R K �g a AUQUST 2,2009 QPTIONAL Though the data below is not required by law, it may prave valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CL.AIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAI. ❑ CORPORATE OFFICER T1TLE OR TYPE OF pOCUMENT TITLE{S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL � ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANlCONSERVA70R NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRES�NT3NG: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES} 51GNER(S)OTHER THAN NAMED ABOVE R S-�F0671GE 1lD6 � ` FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �1`,t-t;c�;f.�r�..`,�-�t',�!`.�::N-s-N--,�:!`;cY:,�',�'�,�`.c:f,�-F.cc;c':�`:c�t�,F•�.�Y`;�`.c;M�,�=C.�',4-v^;c;t�`.iM.�f";�.��!+�.s�=.c-+^��--h�`6�6�'`�'`�'.�Y`.�Y State of California County of �i'Otf't�1� On�Gt�'1�tarU l��Z before me, E�/o► Nl. 1—.LIGfl�D, I��ivvt �vL�o�lL. , — f��a e Name and Title ol Oflicer(e,g.,"Ja Doe,Notary Public") personally appeared �0�►�►�t� 1-• -�,�LI�e.Y . Name(s)of Sgner(s}� � �persanally 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 acknowiedged to me that "—" � + � he/she/they executed the same in his/t-ier/their authorized �� EVA M.LUCERo capaciiy{ies), and that by hismer/their signature(s) on the � CorrxntsSlon#�1b98197 instrument the erson s or the entit u on behalf of Nctory Pub1�—C�ifomla � which the erson s acted executed the in�strument. Rtverslde County p ( ) , My Corrttn. Expires Oct 4. 2010 WI7NESS my hand and official seal. Place Na[ary Seal Abpve ignature oF Notary Public �PTlONAL Though the inlormation below is nof required by law,it may prove valuable to persons relying on the documant and could prevent fraudulenf remova!and reattachment of this form to another document. Qescription of Attached Document Title or 7ype 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: ❑ Individua] Olndividual O Corporate Officer— Title{s): C�Corporate Officer—Title(s): ❑ Partner —� Limited �General _ �Partner — � Limited ❑General C7 Attorney in Fact • '. ❑Attorney in Fact • �"• ❑ Trustee TaP o€thumb here ❑Trustee Top oi thumb here � Guardian or Conservator ❑Guardian or Conservator C� Other: ❑Other: Signer ls Representing: Signer Is Representing: (9 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 24U2�Chatswonh,CA 91313-24U2 Ilem No.5907 Reorder:Call Toll-Free 1-8�-8766827 ti Power of Attorney FI�ELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice Presideat,and GREGORY E.MiJRRAY, Assistant Secretary,in pwrsuance of authority granted by Article Vl,Section 2,of the By-Law id Company,which are set forth on the reverse side hereof and are hereby certified to be in fuIl force and eff t � d3i reof,does hereby nominate,constitute and appoint Eugene T.ZONDLO,Lourdes LAN ��r o ,all of Irvine, California, EACH its true and lawful agent and Attorney-in- te , or,and on its behalf as surety,and as its act and deed: any and all bon a s o such bonds or undertakings in pursuance of these presents,shall be as b' ' om H ply,to all intents and purposes,as if they had been duly executed and ac e re o ers of the Company at its office in Baltimore,Md.,in theu•own proper pe��p f�o issued on behalf of Eugene T.ZONDLO,Rosa E.RIVAS, Lourdes LANDA d eml�� The said Assistant p es e eby certify that the exiract set forth on the reverse side hereof is a hue copy of ArticIe VI, Section 2,of the By- said Co�any,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT C�MPANY OF MARYLAND,this 17th day of October, A.D.2005. ATTEST: FIDELITY AND DEPOSI7 COMPANY OF MARYLAND ',�Q DfPps�i �� 'rf��V+ C� O � a �wr� � � �� ? �/��r�(�, �,�j T (/'7-'�� `✓ q'a..enr.+�9 � ��/i-� B : `��/T �� lJ Y Gregory E.Mtt�7�ay Assistant Secretary Theodore G.Mar•tinez State of Maryland 1 ss: City of Baltimore f On this 17th day of October, A.D. 2005, before the subscnber, a Notary Public of the State of Maryland, duly commissioned and qvalified, came THEODORE G. MARTINEZ,Vice President, and GREGORY E. MURRAY,Assisiant Secretary of the FIDELITY AND DEP�SIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each aclrnowledged the execurion of the same, and being by me duly sworn,severatly and each for himself deposeth and said�,that they are the said officers of the Company aforesaid, and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and d'uection of the said Corpoxarion. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seai the day and year first above written. o�a�s��'i .,........�. .,.�.b ��' Dennis R.Hayden Notary Public My Commission Expires: February 1,2009 � POA-F 012-6073G Bond No. 8665780-M MAINTENANCE BOND I<NOW AL.L MEN BY THESE PRESENTS,that we Fullmer Construction ,hereinafter called Principal,as Principal,and Fidelity and Deposit Company of Maryland ,a corporation of the State of Maryland ,hereinafter called Surety,as Surety,are held and firmly bound unto City of Palm Desert hereinafter called Obligee in the sum of Twenty Six Thousand Seven Htmdred Fifty and No/]00--------------------- DOL,LARS,($ 26,750 00 )lawful money of the United States of America,to be paid to the said Obligee, or its successors or assigns, the payment of which sum well and truly to be made,we do bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED,sealed and dated this ��°� day of M�'Y 2009 WHEREAS,the Principal entered into a contract with the said Obligee,dated for Offsite Improvements Pointe Monterey PP 06-02 and, WHEREAS,the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract. NOW,THEREFORE,'THE CONDITION OF THIS OBL.IGATION IS SIJCH,that ifthe Principal shall remedy,without cost to the Obligee,any defects which may develop during a period of one year from the date of completion and acceptance of the work perfortned under the contract, caused by defective or inferior materials or workmanship,then this obligation sha11 be void; otherwise it shall be and remain in full foree and effect. Fullmer Construc ' ATTEST: P��'� �! By: ..�s ��— __� Fidelity an osit Company of Maryland � � �__) � , BY: '-�)E�ti... �: , �t;rr.�t Gdith Garibay �� Rosa E.Rivas ,Attomey-in-Fact CON80010CA0201 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN BERNARDINO On May 26. 2009 before me, Terri R. Rubio NOTARY PUBLIC, Date Personally appeared Bradley J. Anderson Name(s)of Signer(s) Who proved to me an the basis of satisfactory evidence to be the person(�-} whose name� is/afe subscribed to the within instrument and acknowledged to me that he/�e�#ey executed the same in his/�er-�#�+e+� authorized capacity�ie�s3; and that by his/I�e�Ftl�ei� signatureEs} on the instrument the person�s} or the entity upon behalf of which the person� acted, executed the ..�.�.�,,._.... instrument. TERRI R. RUBIO , Commissfon # 172335e� I certify under PENALTY OF PERJURY under the laws �f the � °-: Notary Publlc -Callfornla = State of California that the foregoing paragraph is true and Z �• San Bernardlno Counry '- Co��eCt. My Comrn.E�ires Peb 4,201) WITNESS my hand and official seal. (��er`o'� �. H./�C.0 W (Place Notary Seal Here) 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 reattachmenf of fhis form to another document. Description of Attached Document: Title or Type of Document Maintenance Bond Document Date: 5/22/09 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer'S Nc'3f11@: RIGHT THUMBPRINT OF SIGNER ❑Individual �Corporate Officers-Title(s): Vice President Commercial Construction TopoFthumbhere ❑Partner--❑ Limited ❑ General ❑Attorney-in-Fact OTrustee ❑Guardian or Conservator ❑Other: Signer is representing: �ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��>�.��-� �-_ _-- � _--�_�_-�-�.�>.��_�-��.-�;��.-�;�� STATE OF CALIFORNIA � County of Oranqe On p5/22/0� before me, Z Hinton Notary Public , Dale Here Insert Name and Tille of the Ofticer personally appeared Rosa E. Rivas------------------------------------------------------------------------------------------------ Name(s)01 Signer(s) -------------------------------------------------------------------------------------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person.(.ej whose namejs� is/a�s-subscribed to the within instrument and acknowledged to me thatl�efshe/tbeq• executed the same in bia/her/tbei�rauthorized capacityjiesj, and that by�tis/her/th�signature(�-}on the instrument the -�� ,��_�,,,�,��,� persot�j, or the entity upon behalf of which the person,�s� � �,,-�-� �., Z HIN�oN � acted, executed the instrument. �/f �-��{, Commission � i729969 I certif under PENALTY OF PERJURY under the laws of ` f 3'-.l; rac�iary Pubtic -Callfornia ? the State of California that the fore oin ara ra h is true 4et P, , z E,�; ,tp< Orang� Count,� ' 9 9 P 9 P � and correct. �(� '"� iV�yGo �m �xpir�sP.ar9 ?Dll :. ,• ��°�y�,—'v �rr-"'r'� ��—�v-'s,7�'^y—�,�-v�+�'�—cr�— �r� , Witness my hand �nd offic' �se v Signature �`�-_ �� Place Nolary Seal Above Signature o�ar"Public Z Hinton OPTION,�I L Though the informatfon 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 Ty�e of Dacument: Document Date: Number of Pages: Signer(s)OtherThan Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Titie(s): ❑ Corporate Officer—Title(s): ❑ Partner—�Lirnited❑General ❑ Partner—�Limited❑General C� Attorney in Fact ❑ Attorney in Fact ❑ Trustee � ❑ Trustee � ❑ Guardian or Conservaior Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: 5igner Is Representing: .. - _ _ ` _ _. _�.^�_�-•.-•._: .- _•.:_•._.�..:_ _.-_'. -�� ,- - - —� — — — _•.:�.�-`_G.�c,_�'-,ts�i�v-� O 2007 National Nolary Associatlon•9350 De Soto Ave.,P.O.Box 2402•Chalsworth,CA 91313-2402�www.NalionalNotary.org Item U5907 Reorder:Call Toll-Free i-B00-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That tl�e FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporatiou of the State of Maryland,by M.P.HAMMOND,Vice President,and GREGORY E. MUR.RAY,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said �4}�ny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d� 1Q �ereby nominate, constitute and appoint Eugene T.ZONDL,O,Rosa E.RIVAS and Edit f Ir ' , alifornia, EACH its true and lawfial agent and Attorney-in-Fact,to make,exectxte �,a � $ surety,and as its act and deed: any and all bonds and undertakings a o O � f su �r a ings in pursuance of these presents,shall be as binding upon said Co y, �g��-a�a 1 , }� and pu oses,as if the had been dul � � Y Y executed and acknowledged b �l l��cted pany at its office in Balrimore,Md.,in their own proper persons. Th' at��re � , �� e��half of Eugene T.ZONDLO,Rosa E.RIVAS,Edith GARABAY,dated i 07 �� The saici Assistant n es�ie�l'eby certify that the extract set forth on flie reverse side hereof is a hue copy of Article VI, Section 2,of the By-L s said Corr�any,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDEI.ITY AND DEPOSIT COn�PANY OF MARYLAND,this 19th day of July,A.D. 2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,�p DfPps� �.�'+��f �' . o 0 'd www ro fl, 1d9Q �? i �'w..,�� -;�� 1�"t��_�� By: Grego�y E. Mirrray Assrstant�'ecretary M. P_ Hmnn:ond Vice Presrdent State of Maryland 1 City of Baltimore j ss: On this 19th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly comrnissioned and qualified,came M.P.HAMMOND,Vice President,and GREGORY E. MURRAY,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally Icnown to be the individuals and officers described in and who executed the preceding instrument, and tliey each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said�fficers of the Company aforesaid, and that the seal affixed to die preceding insh-ument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Coiporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ��„�inn:, ,.`,..;� n'1, `;'v ;.:17'�. ��. ��'`i �','j : /1 .} (/ � l .e Pfl'��\�"�� `�+(.�'Y�/IA.�Q./Y✓✓� `—�_ :,'.l-1✓/'.'•-r�.= ' //;'. . ��i�'� ,n •�%nd'.'' �`� ��IIl1l1\�", Constcrrace A. Dzrn�z Nota�1�pttblic My Commission Expires: July 14,2011 POA-F 012-60?3G