HomeMy WebLinkAboutContracts & Agreements_70-2008_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8114/2008
LARRY WALKER 4:14 PM
I"" Pr Auditor/Controller — Recorder AC
RECORDING REQUESTED BY; R Regular Mail
AND WHEN RECORDED MAIL TO: «;,f'
Doc#: 2008—0373110 Tides: 1 Pages: 1
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
35 CAJON STREET Other D.gg
PAID $0.00
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PER
SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The full name of the owner is CITY OF REDLANDS
3. The full address of the owner is 35 CAJON STREET, P.O. BOX 3005, REDLANDS, CA 92373
4. The nature of the interest or estate of the owner is IN FEE
5. The full names and full addresses of all persons, if any,who hold title with the undersigned as joint tenants or as
tenants in common are NOT APPLICABLE
6. A work of improvement on the property hereinafter described was completed on July 31, 2008
The work done was removal and replacement of storm drains and catch basins on Crescent Avenue.
7. The name of the contractor for such work of improvement was O'Duffy Construction, 24034 Gunther Road,
Romoland, CA 92585; Contractor's License No. 647025; and Date of Contract was May 20, 2008
8. The street address of said property is 25 and 49 East Crescent Avenue.
Dated: August 6, 2008 _ ff
Associate Civil Engineer
Municipal Utilities and Engineering Department,City of Redlands
VERIFICATION
1, the undersigned, say I am the Municipal Utilities and Engineering Director of the declarant of the foregoing Notice
of Completion, and have read said Notice of Completion and know the contents thereof;the same is true of my own
knowledge.
I declare under penalty of perjury that the foregoing is true and correct�Utilities'gnd
Executed on August 7, 2008, at Redlands, California. Municipal Engineering Ire or
Municipal Utilities and Engineer ng Department,City o edlands
AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of May, 2008, by and between the City
of Redlands, a Municipal Corporation, organized and existing under the laws of the State of
California, hereinafter referred to as the"City", and an individual trading as d `Duffy Construction
of the City of Romoland, County of Riverside, State of California, hereinafter referred to as the
"Contractor".
WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree
as follows:
1. Scope of Work. The contractor will furnish all materials and will perform all of the work to
perform construction of Crescent Avenue Storm Drain project, complete, all as shown,
specified, and made a part of Contract No.405300-7240148024
2. For the Contract Sum of $71,680.00 in accordance with the terms and conditions of the
Contract Documents.
Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option
to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement
to be withheld by the City pursuant to and Escrow Agreement.
3. Time for Completion. The work shall be completed within twenty-five (25) work days from
and after the date of the Notice to Proceed.
4. Liquidated Damages. Failure of the Contractor to complete the work within the time allowed
will result in damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. The Contractor shall pay to the City,or have
withheld from monies due it, the sum as set forth in the General Provisions for each
consecutive calendar day in excess of the specified time for completion of the work.
Execution of the contract shall constitute agreement by the City and Contractor that the
liquidated damages amount per day is the minimum and actual damage caused by the failure
of the Contractor to complete the work within the allowed time. Such sum is liquidated
damages and shall not be construed as a penalty, and may be deducted from payments due
the Contractor if such delay occurs.
5. Contract Documents. The complete contract includes all of the contract documents set forth
herein,to wit; Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond,
Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced
specifications, and any Addenda thereto.
6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms
or conditions of this contract the prevailing party shall, in addition to any costs and other relief,
be entitled to recovery of its reasonable attorney's fees.
7. Defense Obligation. The contractor shall defend the City,its elected officials,officers,agents,
and employees from and against any and all claims, losses, damages, and causes of action,
including death, brought by any person or persons for or on account of any wrongful or
negligent act or omission of the contractor, its employees or agents in connection with the
performance of the contractor's obligation under this contract.
8. Insurance. All policies of general liability and business automobile insurance required by this
contract shall name the City, its elected officials, employees, and agents as additional
insureds. Any insurance required under this contract shall be primary with respect to the City
and non-contributing to any insurance or self-insurance maintained by the City.
9. Resolution of Construction Claims. Claims made by the Contractor in the amount of
$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3,
Chapter 1, Article 1.5 of the Public Contracts code (commencing with Section 20104). All
claims shall be in writing and include the documents necessary to substantiate the claim.
Nothing in subdivision (a)of the Public Contracts Code Section 20104.2 shall extend the time
limit or supersede the notice requirements provided in this case from filing claims by the
Contractor.
10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to abide
by California Public Contract Code Section 6109 and California Labor Code Sections 1777.1
and/or 1777.7 and certify that they are not debarred and are eligible to work on this project.
11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under
this agreement will be binding on another party without the written consent of the party sought
to be bound.
12. Successors and Assigns. The City and Contractor each binds itself,its partners,successors,
assigns and legal representatives in respect to all covenants, agreements and obligations
contained in the contract documents.
13. Severability. Any provision or part of the contract documents held to be void or unenforceable
under any law or regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon the City and Contractor.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
CITY SEAL
By:
M�aey , City of Reidlands
nt
nty of San Bernardino, California
ATTEST:
�it-.CIerk, City U n d s-
o
aunty of San ino, California
0' Duffy Construction
Name of Contractor
A/4
CONTRACTOR SEAL By:
Signatu�e of Authorized Agent
Signatory's Title
Signature of Authorized Agent (if necessary)
Signatory's Title (if necessary)
647025 A
Contractor's License No.
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Crescent Avenue Storm Drain
CONTRACT No.405300-7340/48024
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 in 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 furnishing 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 Section 1861)
1-2- —
Date -2- _Date
0' Duffy Construction
Name of Contractor
By: x/,"
Signature of Authorized Agent
Signatory's Title
647025 A
Contractor's License No.
ISSUED iN TWO ORIGINAL COUNTERPARTS BOND NO. 728116P
COUNTERPART NO. OF PREMIUM: $1,434.00
PERFORMANCE BLIND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated
as City), and 0 `Duffy Construction . (hereinafter designated as Principal) have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which by said agreement dated May 20' , 2008, and identified as Contract
No.405300-7340%48024, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the
performance of the work, to furnish a good and sufficient faithful performance bond with the City.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly
bound unto the City in the sum of_Seventy One Thousand Si x Hundred Ei ghty 00/100's----- dollars
71,680.00-----------------
{$ ) 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 bythese
presents.
The condition of this obligation is such that if the above bounded Principal, his or her 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,or his or her 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 defend, indemnify and save harmless the City, its elected officials, 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 the face amount specified therefor,there
shall be included costs and reasonable expenses and fees, including attorney's fees incurred by
the City in successfully enforcing such obligation, all to be taxed as costs and included in any
judgement 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
named,
on June 2 , 2008 Bond No. 728116P
O'Duffy Construction {SEAL} Indemnity Company of California (SEAL)
Principal .Surety
By: liz&Lell ,✓' . By:
Sig re James T. Duffy Ow r 3yfgnattt�e Julia B. Gladding, Attorney in Fact
Add SS: 17780.Fitch, Suite 200
<. Irvine, CA 92614
(Notarial Acknowledgments of Principal and Surety) Telephone. ( 49 } 263-3300
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
JUN
On before me, Michele M. Qualls, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Julia e. Gladding
Names)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
I �;01�7042OL4 which the person(s) acted, executed the instrument.
C
NOTA V PUBLIC-CALIFORNIA
RIVERSIDE COUNTY I certify under PENALTY OF PERJURY under the laws
R My Comm Expires Nov.11,2010 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my han�d' and offi ial se/all.(�//Jjj LALI
L
J
Signature -'�
Place Notary Seal Aoove ly� 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 pra,2nt 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 01910
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary org Item#5907 Reorder:Cali Toll-Free 1-800-876-6827
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. 728116P
COUNTERPART NO. OF A-
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:
***Kenneth A. Coate, Julia B. Gladding, jointly or severally***
as their true and lawful Aftomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008,
RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or
any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008.
AND PANYO
By: :-f- '�' 6
Stephen T Pate,Senior Vice President '.'z
V'?0 R4 ^4Po 4 0
OCT,
OCT.5 p C3
10
vu 1967
By: 0 1936 i 0
Charles L.Day,Assistant Secretary jovt W 1, of
State of California
County of Orange
On January 1st,2008 before me, Christopher J.Roach.MM-Puhli,
Date Here Insert Name and Title of the Officer
personally appeared Stephen T.Pate and Chari.-.(z I r);;v
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
CHMTOPHM I ROACH which the person(s)acted,executed the instrument.
COMM,#1745M
N00W PUS CXFOPMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORAINGE COUNTYtrue and correct.
==May
18,2MI
WITNESS my hand and off-cial seal.
Place Notary Seal Above Signature Ch'�er J.Roach
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify
that the foregoing Power of Attorney remains in fill 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 2nd day of June 2008
By
'�Altet H,113ra�ndAsseistan 9-e'cretary
ID-1380(Net)(Rev.07/07)
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. 728116P
COUNTERPART NO. OF PREMIUM: INCLUDED IN THE PREMIUM CHARGED
FOR THE PERFORMANCE BONN
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated
as "City") and O 'Duffy Construction 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 May 20'', 2008, and identified as Contract
No.405300-7340148D24, 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 seventy One Thousand Six Hundred Eighty 00/100's
------------------- dollars 1 71,680.00-------------)for materials furnished or labor thereon of
any kind, or for amounts due under the Unemplcyrrlent Insurance Act with respect to such work
or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also incase 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 judgement 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,thenthis 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 ndtice 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
named,
on June 2 , 2008 Bond No. 728116P
O'Duffy Construction (SEAL) Jnde5ppy Company of California (SEAL)
Principal -'S+arety,,,,,....
By: � /. , By
Signatt dame's-T. 15u.ffy, Owor Sig 8tut8 Julia B. Cladding, Attorney in Fact
Add ss: 17780 Fitch, Suite 200
Irvine, CA 92614
949 263-3300
(Notarial AcknovAedgments of Principal and Surety) 'Telephone: ( )
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On JUN 0 2 2008 before me, Michele M. Qualls, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Julia B. Gladding
Name(s)of Signer(s)
r
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
0lilX1704204 which the person(s) acted, executed the instrument.
NOIAR Y PUSL - ALIFORNIA
I ®Rspi ccu 1 certify under PENALTY OF PERJURY under the laws
t~��COMM' �p4�e�Nov��:���c fY
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
n !
Signature
Place Notary Seat Aoova 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 pi&vant 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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General 00 ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact HE ❑Attorney in Fact
El Trustee [I Trustee Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
-
C 2007 Nabonal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402-www_Nabona[Notary.org Item#5907 Reorder:Call Toll-Free 1-800.876-6827
ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO, 728116P
COUNTERPART NO. OF 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:
***Kenneth A. Coate, Julia B. Gladding, jointly or severally***
as their true and lawful Attorney(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 Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorneys)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 PANYO
Stephen T.Pate,Senior Vice President
90
OCT.5
10 0
1967
By: 1936
Charles L.Day,Assistant Secretary
State of California
County of Orange
On January I 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 I 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 bis/her(their authorized
capacity(ies),and that by histher/their signature(s)on the instrument the person(s),or the entity upon behalf of
CIVIIISTOWER J.FOACH which the person(s)acted,executed the instrument.
00MM.#1745939
NOTARY PUBW CA SA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNTY ro true and correct.
MY wpm may 19,2MI f
WITNESS my hand and official seal.
Place Notary Seal Above Signature
ChrIjal;Wer J.Roach
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify
that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 2nd day of June 2008
XAlb,t�Hillebrand,Assistantge—cretary
ID-1380{7et)(Rev.07107)