Loading...
HomeMy WebLinkAboutContracts & Agreements_80-2006909 335 4746 Com Dev DRBA 11 49 49 a m 04 06 2006 AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 18th day of Apnl, 2006, by and between the City of Redlands, a municipal corporation ("City"), and Rymax Electrical, Inc ("Contractor") City and Contractor are individually sometimes referred to herein as a "Party," and together as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 ENGAGEMENT OF CONTRACTOR 1 1 City hereby retains Contractor to replace tree lights to thirty-three (33) Indian Laurel and Cottonwood trees on State Street between Orange and Ninth Streets, and Fifth Street between State Street and Citrus Avenue in the City of Redlands (the "Project") 1 2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the Project, and shall not be debarred pursuant to Labor Code sections 1777 1 and 1777 7 ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2 1 The Project which Contractor shall perform is particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference 2 2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the performance of the Project including, but not limited, to all applicable Labor Code and prevailing wage laws commencing at Labor Code section 1770 et seq and non-discrimination laws, including the Americans' with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industnal Relations for each craft, classification or type of worker needed to undertake the Project are on file at City's Administrative Services Department, Iocated at the Civic Center, 35 Cajon Street, Suite 10 (P 0 Box 3005 mailing), Redlands, California 92373 2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wage, that City may enforce such provisions by withholding contract payments to Contractor or its subcontractors pursuant to Labor Code section 1771 6 2 4 Contractor agrees that if it executes an agreement with a subcontractor to perform work on the Project that Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, I777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection D.rMAgreelRyrnax Electrical — Improvement Project 4-5-06 219 909 335 4746 Com Dev ORBA 115026am 04 06 2006 319 2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2.7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections I771, 1775, 1776, 1777.5 1813 and 1815 2 8 Contractor shall obtain, execute and deliver to City a Labor and Materials Payment Bond, pursuant to Civil Code section 3247, in the form attached hereto as Exhibit "B " ARTICLE 3 - PERIOD OF SERVICE 3 1 Contractor shall commence the Project upon City's delivery to Contractor of a written "Notice to Proceed," and Contractor shall complete the Project in a prompt and diligent manner ARTICLE 4 - PAYMENT AND NOTICE 4 1 City shall pay Contractor the sum of Fifty -Four Thousand Four Hundred Fifty Dollars (S54,450 00) as complete compensation for the work Contractor performs on the Project 4 2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and approval of Contractor's invoice, by warrant payable to Contractor 4 3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices sent by mail shall be addressed as follows City Heather Smith City of Redlands Downtown Redlands Business Association PO Box 3005 Redlands, CA 92373 Contractor ,Rymax Electrical, Inc 13) S 1279-A East 9th Street Upland, CA 91786 When so addressed, such notices shall be deemed given upon deposit in the United States mail; in all other instances, notices, bills and payments shall be deemed given at the time of actual dehvery Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving notice pursuant to this section 4 3 909 335 4746 Com rev MBA 11 5047 a m ARTICLE 5 - INSURANCE AND INDEMNIFICATION 04 06 2006 419 5.1 Contractor's Insurance to be Primary All insurance required by this Agreement shall be maintained by Contractor for the duration of the Project, and shall be primary with respect to City and non-contnbuting to any insurance or self-insurance maintained by City 5 2 Workers' Compensation and Employer's Liability A Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of the Project pursuant to Labor Code sections 3700 and 1860, in an amount which meets statutory requirements, with an insurance carrier acceptable to City The insurance policy shall include a provision prohibiting the policy's modification or cancellation except upon thirty (30) days pnor written notice to City Contractor shall execute and deliver to City a Worker's Compensation Insurance Certification in the form attached hereto as Exhibit "C" pnor to commencement of the Project B Contractor expressly waives all nghts to subrogation against City and its elected officials, officers and employees, for losses arising from work performed by Contractor on the Project by expressly waiving Contractor's immunity for injuries to Contractor's employees Contractor agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by, or on behalf of, any employee of Contractor This waiver is mutually negotiated by the Parties This subsection shall not apply to any damage resulting from the sole negligence of City, its agents and employees To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, employees and agents 5 3 Hold Harmless and Indemnification Contractor shall indemnify, hold harmless and defend City and its elected officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, ansing from injury or death to persons or damage to property occasioned by any act or omission of Contractor, and its officers, employees and agents, in performing the Project 5 4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with the Project without the express prior written consent of City In the event of mutual agreement by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional insured to its insurance policies and provide City with the insurance endorsements pnor to any work being performed by the assignee Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement D1M3Agree\Ryma, Electrical - improvement I'ro;ee14 S 06 909 335 4746 Corn Dev DRBA 11 51 25 a rri 04 06 2006 519 5 5 Comprehensive General Liability Insurance Contractor shall secure and maintain in force throughout the duration of the Project comprehensive general liability insurance, with carvers acceptable to City, with minimum coverage of One Milhon Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury City shall be named as an additional insured and the insurance policy shall include a provision prohibiting its modification or cancellation except upon thirty (30) days prior written notice to City Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City Certificates of insurance and endorsements shall be delivered to City prior to commencement of the Project 5 6 Business Auto Liability Insurance Contractor shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all consultant owned vehicles used on the project, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and a certificate of insurance shall be delivered to City pnor to commencement of the Project ARTICLE 6 - GENERAL CONSIDERATIONS 6 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for in-house counsel of the Parties at rates prevailing in San Bernardino County, California 6 2 All documents, records, drawings, electronic data files and data base, photographic pnnts and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor for the Project shall become the property of City and shall be delivered to City upon completion of the Project 6 3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Project and not an employee of City All personnel employed by Contractor to perform the Project are fat its account only, and in no event shall Contractor or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of, City Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties 6 4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Project by City 6 5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated with the Project and (2) deliver or otherwise make available to City, copies of any data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and matenals as may have been accumulated by Contractor in performing the Project Contractor shall be compensated on a pro -rata basis for any work completed up until notice of termination 909 335 4746 Com Dev DRBA 115204am 04 06 2006 619 6 6 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals and verbal agreements relating to the subject matter hereof are superseded by this Agreement Any amendment to this Agreement shall be in wnting and approved by the City Council of City and signed by City and Contractor 6 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California IN WITNESS WHEREOF, duly authonzed representatives of the Parties have signed in confirmation of this Agreement CITY OF REDLANDS ATTEST BY e .///J:/fes M or RYMAX ELECTRICAL, INC DJMVAgree\Rymax Electrical — improvement Project 4-5-06 City C - k Date 909 335 4746 Com Dev DRBA Exhibit "E" PAYMENT BOND 11 52 35 a in 04 06 2006 819 WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to Install and complete certain designated public improvements, which by said agreement dated 2006, and identified as Contract No , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to furnish a good and sufficient labor and materials payment bond with the 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, said Principal and the undersigned as corporate surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of dollars (5 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceedmg the amount herein above 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 the City in successfully enforcing such 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 to the work to be performed thereunder or the specifications accompanying the same shall in agnosia 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 b5 the Principal and surety named, on , 2006 Principal B y Sig ature Bond No (SEAL) (SEAL) Surety (Notarial Acknowledgments or Principal and Surety) DJM\AgreelRymax Electrical — Improvement Project 4 5 06 Signature Address Telephone ( ) 909 335 4746 Com Dev DRBA 11 5309 a m Exhibit "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No 04 06 2006 9 /9 Every employer except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation m one or more insurer duly authorized to write compensation Insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer or as one employer in a group of employers, which may be given upon furmshing proof satisfactory to the Director of Industrial Relations of ability to self insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code * 1861) April 6, 2006 Date Rym7ax Electric, Inc. Name o ' i tractor By 11At Signatur: o Authorized Agent Signatory's Title 621770 Contractor's License No Date 909 335 4746 Corn Dev OR9A 03/16/2006 10.48 9099852551 Sabnitted xR• City of Redlands P v Box300 Redlands CA 92373 11 5? 27 a rn 04 06 2006 RYMAX PAGE 02 AIMIIII1a4/41111 year ,stir it ELECTRIC, INC, D+asacrlptiott IRe, Trcc lighting for Downtown Pnec mclwdcs. Provide and installinstallapprox 200' Average 12v rope light per tree Smiler to test tree f Price par tree 1s $165t100 each Attu, /Rick Crass Project Downtown tree lights Proposal Number x6616 Dada March 16, 2606 J Amount Total WOO PlYmmrst Mans are WY 3b DAYS ani a barn data I contract. lei net v days Accsplanes of Proposal: prim,The above rti end canelitton n authorized do tive work et are satiy and ars hereby accepted *pacified Payment will be Madre as waled abaft ' You ere Aotrion5x 1 Signature Dale 1315 East 9th Streets Upland, CA 91786 • (9091985-7250 • Pax (909} 985-2551 • Lic # 621770 7 /9 Bond No. CE2940 Premium $1,089 00 Exhibit "Br" rut", _19FORArefrftr am.,..._Scudzerruattisonl. Cot,rF'AC't PIP* PAYMENT BOND WHEREAS, the City Council of the Crty of Redlands, Stare of California (hereinafter decd Rymax Electric, Inc. (hereinafter designated its "Principal") designated as "City"), and Pnncipal agrees to install and completecertain designated entered tato an agreement April whet e 1 y 2606, and identified as Contract No public improvements, which by said agreement ttecnt dated Ap ri 1 1$ , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement Principal is required before entering upon the performance of the wont, to furnish a good and sufficient labor and materials payment bond with the 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, sad Principal and the undersigned as Corporate surety, are held and firmly brnind unto the City and all contractors, subcontractors laborers, materialrnen and any other erxoas Io d agreement and referred to in the aforesaid Civil rCode p P to in the performative of the sum dollars {S 54,450 00 of the State of California in the turn of*** Un to for materials furnished or labor thereon of any kind, or for amounts due under the yumexrt Insurance Act with respect to such work or labor, that said smelly will pay the same in art amount not exceeding the amount herein above 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 feoa, mcluditig reasonable attorney's fees, incurred by the City in auecessfully enforcing such obligation, to he awarded and fixed by the count, and to be taxed as costs and to be maluded in the judgment therein rendered] ***Fifty four thousand four hundred fifty & no/100 It is hereby expressly stipulated and agreed that this bond shalt inure to the benefit of any and all persons, companies and corporations emitted to file claims under Lae 15 (commencing witb Section 30.82) of Part 4 el -Division 3 of the Civil Code, so as to give a right of action to there or their assigns ut any suit brought upon this bond Should the condition of this boxxd be fully performed, then this obligation eliall become null and void, otherwise it shall be and remain in full force and c£Tect_ The surety Eby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agrver»ont or to the work to be performed thereunder or the specifications aecotnpanyir'ig the same shall to agnosia affect its obligations on this bond, and rt does hereby waive notice of any such change, extensttm ofttrne 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 ttte Principal and surety mined, on April 18 2006 BondNo CE2940 Rymax Electric, Inc. (F) Contractors Bonding Principal � g (SEAL) By i �1 2 -til Ji' ��� Surety and Insurance Company rS_...� �.. F3y5i� ( �! . L nim Signet= Re.ecca aas—Bates Address. Attorney—in—Fact Contractors Bonding and Insurance Company 111 Pacifica, Suite 315 {Nater at A knowfsdgcnrne, of t'rinniryal uid Suety] Irvine , A 9 18 Telephone UAL) L) 341-9110 **Replace tree lights to thirty—three (33) Indian Laurel and Cottonwood Trees on State Street between Orange and Ninth Streets, and Fifth Street between State Streetvemnd�ect5 tCitrus Avenue in the City of Redlands U]M'�AXRe4ltr'EJ 1,il-la fl 44C�B °qe+ o °o o°o°b°y +�p°o°° °a ^ Poo° w °o a'v°o ° a..=:e o ,.� a°a °°e .. ° o .rj oao?o A 4.1%,..... -IM oe>.r. a oe % O4PB e+•"e . o Do ara. O0o 94 f�aP O.6o °°q°.g» 00, 0°9pp� °°P P4°b 00 o00°P•®04' bG00Q�oo t9 pn��0 e00490q?4°�°04 qaP°4549 par..P°y09ba9°OpawxoQ aqd q°a ytlyrtlo°OP°Oq°POpa1Se°Q08°P°P°Od°vrweP°0a q°e°b°04°�w'^oo °Oti o4gP°°°¢w 9000P°P°b°d°oe®ao a°9°Ode°as�o0°Oeq°0°P°w°C°q°p°;°q°P°w°o s°ep°°e°�4a40'.q°q°96 .�e`�i°Cey°°pq4°9994°0°Ppn!p°e04°0090°04{piP°p00°4°a9°p°99go+°°o 4°999°9°>°p°pap �P°0o4°0°P°p°84pa@erP°O�Og4°49°9°pp°a�a°008°ppp°p°e°pp°n'va° A°06p°P°aC9o4o+wi°`Oq°9°4g00°4°p°°a'e9°PP9s9°tiq°0°q°Oo:p°a°°0°9c9°P°°eoiP°O°e°pg4449epo�a°o9°gdgPpP°P°9e�; a�aee°y4° ic ire g°° °aORR$$$dpsp' °atVP949P4vP' °00$$4$fP449°'°oFP9$P4446x°'°QoV$$##PPP°p°°°o$440$$i9P°p°'a90i$$#994d°R OBF$$#P6F$°'°9�F4#$$4P$P6°'°Po@$$$$4p9io°'°4oi'$$$49p9$°s�'°aP4'$$4P°;°$Oo"'aa4'#'#4$°4°P°Pe°'^�°° 4 4',` Pos ca �f FI - Pa �I1L7N.[c75 J q ° LIMITED POWER OF ATTORNEY v.:.... ° ° °9° e� 0 °'ebo °° '4• Euoo� �f� 1' °oo aiF1fS13,igftir_:, P _. ::::::: e° vNot Valid for BondsPower of Attorneysy ��E�Executed On or After: JANUARY 31sT, 20a7 Number: 913<52s9 rr, eoo4o-44° ep°? q epi --1: °°° 1'�; _ READ CAREFULLY - to be used only with the bondspeeifled herein o'=a1 it: .._� °Pp Only an unaltered original of this Power of Attorney document is valid_ A valid original of this document is printed on gray -0o6vo s. security paper with black and red ink and bears the seal of Contractors: Bonding and Insurance Company (the "Company")TR: ride The original document contains a watermark with the letters"cbic" embedded in the paper rather than printed upon it. The ,! °' a I� 04 0 watermark appears Mthe blank space beneath the words `Limited Power of Attorney" :at the top of the documEen.t and is a. . 4 visible when The document is held to the .light. This document is valid solely in connection with the execution and delivery of -11. °P the bond bearing the number indicated below, and provided also that the bond is of the type indicated below This document ; ; Aga Es valid only if the bond is executed on or before the date indicated: above. p° o � � 13; ego .:. ... : _ °o a �Ji ee90tif KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constituteag=aQeao° and appoint the following: SERGIO D. BECHARA, LEONARD ZIMINSKY, WILLIAMdw w °a° i SYRKIN, CLOS BIERMAN, REBECCA HAAS -BATES and JOAN M. WYNN its true and lawful oi�� ° e nop, ;:ems Attorney(s)-in-Fact, with full power and authority hereby conferred in its 0 06 name, place and stead, to execute, acknowledge and deliver on behalf of the -4i.0yo° IS°pA"°4 Company. (1) any and all bonds and undertakings of suretyship given for any °;o . °•pill I;; S. purpose, provided, however, that no such person shall be authorized to execute Olt and deliver any bond or undertaking that shall obligate the Company for any "1,V#°ol''' py 9°° portion of the penal sum thereof in excess of $10,000,000, and provided, mageeP00 Y4-0,4; further, that no Attorney -in -Fact shall have the authority to issue a bid or 000e'� It proposal bond for any project where, if a contract is awarded, any bond or �'!��� mo` undertaking would be required with penal sum in excess of $10,000,000; and (2) baq q4P consents, releases and other similar documents required by an obligee under a b�o4o: eaev contract bonded by the Company. This appointment is made under the authority of o°° iAn the Board of Directors of the Company. - o'pl I{ " 'oop0. hV.1 p p I I ' ape _oP a.P°o:r, °oe004' ep°Op.d o �� �, p� 1loo� oal�l ori oe v ' ooa°: ° e O eqq 4 ° s - OeO°°9 P°° y l �� CERTfFICATE II a!!1 Oros - e 0 eo pa - -0°0 pdeoob 4' ea l 01 b°a°e °a°e ti °OpC f1 6444 9aa °4°PO 4000 tkP 5 °409 0.404 1 1 P 0°, 4CgP0 apo 11 P °@ad 600 'eoave -t� 5 O8 ab 0a. i o fr 46°4 e ° 64a66a. 00P00, 6a eo 4.444° a9. q. P°4°d eaQ°P°0 9�°bop ° .i� 4a6abp d°9°°de e r a. 440°0 eab°P e°q°e C°0°b°O b°o6o-p s°a e 944$°4 bub°Qa 40406 OgPO aveye; a r 145 0aaa°W'o 9600 5 1fl f 1 I/ 151 111 14; 1 °4 1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington �dzo: `i�, d corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and 3:':i''' . has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on theo oee; 0 w- •40 reverse are now in full force and effect. _ igA Bond Number CE2940. �°'l1 (10 ° iiiis 2 0�° °O o e X11 Signed and sealed this 1$t h day of April t 2006 sb '° , e a. °P 4 0 9. ° o Y r f l4 r v s . ° • Valley Street • Box • e a (206) 622-7053 • (800) 765-CBIC (Toll Free) • (800) 950-1558 (FAX) ° 4 ed Dig aa9°°°o�°pampPap6486454o900e°e°p° °a �pep6p°a°9q°p.40gg9°0aa°pq°°ar.°a d4gO p4a00°oa ao-°444499°9a dp °eg9ab9abe°°a* ?g409Fp4 4 • o- 699490°°°p°, d°9d9994°e°+°ca b9bbab d°aa°aa0499900dosd b°043ppa6 °.aa4600090a°O°/1.41.... `ep a °.144 9°e °�d �e � o°Pti a° IOR. kirk Eland, Secretary �;;p°°rpqeC)! CBIC1213 VllyC.O.92'71Seattle, WA 98109-0271°�.�.pyPoaLPOA07-US0S1104edlldise.4/d4bddb!ldge,aGddd!lb4oc°6-0ddddddlQ,aeddddd!}aRe°+ddd4bbdldtbp.°pdd3dbdl4a�p.9dddd646P.Pppddd0t4r.°n,d466P,ed4oca>"aoap.9aqoetleoaap.a°oandpae9,+eaaqqqe°,°ddaabd!°ad4deedddddbqdd4d!!ba�O°pO,jse.°0°e°°°°ep°e°e_,Y�o°ea°d°O°O°pal°09°°°!a°0�p°rY9°°4e°4°e°00°C�Y°11`IFc°C°°-0°d°e°e°p1<a°9°0a0°OaO°G°d°eqd°e°a°°e°q°i�a°Ceqb�Od�Oa°POD°p00Oo®6ePP°°°6°gpepD�t6X00°OP06ap�ap�4OOOa49n9°°e.ae,..e°a4s04e60000O °400°s�M a®e e0al�eeepe odeO �W eeOe - D°.. < tiV OyC �� OC°d .��� .�Wy4°Oo P� °4°fie O a°es ' o o° a a s e°° e °a a°e d ed : ve a dean ' .._ a __.._ a ._.,. o 5: k d CQ I1 155 {i5 S7A7E OF California COUNTY OF Orange On 04/18/06 PERSONALLY APPEARED , before me Rebecca Haas -Bates SS William Syrkin, Notary Public personally known to me 014x3 OPifin l§m74xXX15eWapi' T eteirlx ) to be the personM whose name(XJ isM ,subscribed w the within instrument and acknowledged to me thatWsheAlW: xec•itted the same oaineherhitaxmouthorized capacity(&.) and that by Wher/t? f4 signature($ on the instrument the pet•son(s or the entw- upon behalf ({f which the person(X) acted, executed the Instrument WITNESS tn) hand and official seal WILLIAM SYRKIN Commission # 1473847 Notary Public California t Los Angeles County ; My Comm Expires Mar 2, 2008 This area for Official ial Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(s) ❑ LIMITED ❑ GENERAL ® ATTORNEY IN FACT Li TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID 1232 (REV 5/01) ALL-PURPOSE ACKNOWLEDGEMENT RIGHT THUMBPRINT (Optional} xb: State of California County of San Bernardino On g --/F--06 IDATE) personally appeared before me, Allen Trei.chel - Notary P INAMEITJTLE OF OFFICER -Le JANE DOE, NOTARY PUBLIC �/ /1-A. G -j/' 77?"' (NAME'S) OF SIGNERISI) ❑ personally known to me -OR- AILI"N TREcHa COMM # 1425061 u NOTARY PUBLIC CALIFORNIA G) X SAN BERNARDINO COUNTY p COMM EXP JULY 14,2007" (SEAL) proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 Witness my hand and official seal. (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL Recording of this document is not required by law and is also optional It could, however, prevent fraudulent attachment of this certificate to any unauthorized document THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Number of Pages Date of Document Signer(s) Other Than Named Above WOLCOTTS FORM 83237 Rev 3,94 !Ante class 8 2A3 ©1994 WOLCOTTS FORMS 3NC ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITYIREPRESENTATIONIrW0 FINGERPRINTS CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S} ❑CORPORATE OFFICERS} (TITLES! ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER SIGNER I5 REPRESENTING (Name of Person(s) or Entity{les) RIGHT THUMBPRINT (Optional) TOP OF THUMB MERE CAPACITY CLAIMED ay SIGNER(S) ❑INDIVIDUALIS) ❑CORPORATE OFFICERS) (TITLES! DPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GIJARDIANICONSERVATOR ❑OTHER SIGNER IS REPRESENTING (Name of Personle) or Entity(ies) 1 1