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HomeMy Public PortalAbout09) 7E Release Surety Bonds and Other Security For Tract No 71792 6128-6130 Temple City BlvdAGENDA ITEM 7.E COMMUNITY DEVELOPMENT DEPARTMENT DATE: December 2, 2014 TO: The Honorable City Council Jil:IiTi101:L1►1bill Jil FROM: Bryan Cook, City Manager Via: Michael D. Forbes, AICP, Community Development Director By: Ayla Jefferson, Chief Building Official SUBJECT: RELEASE OF SURETY BONDS AND OTHER SECURITY FOR TRACT NO. 71792 FOR THE PUBLIC IMPROVEMENTS AT 6128-6130 TEMPLE CITY BLVD RECOMMENDATION: The City Council is requested to a) Approve the work that has been completed and accept the public improvements for public use; b) Authorize the partial release of the Performance Bond in the amount of $64,650, Bond No. 388067-S, dated April 9, 2013, issued by Indemnity Company of California for Tract No. 71792; and keep 25 percent of said Performance Bond in the amount of $21,550, as required per Section 12.2 of the Subdivision Improvement Agreement; and c) Authorize the release of the Labor & Material Bond in the amount of $43,100, Bond No. 388067-S, dated April 9, 2013, issued by Indemnity Company of California for Tract No. 71792. BACKGROUND: 1. On April 9, 2013, Dexter Temple City LLC (developer), submitted a Performance Bond in the amount of $86,200 for Public Improvements for Tract No. 71792. The Performance Bond was provided to guarantee the faithful performance of the Public Improvements and all the provisions of the Subdivision Agreement for Final Tract Map No. 71792. Per Section 12.2 of the Subdivision Improvement Agreement, 25 percent of the estimated costs shall be retained until the end of the warranty period of one year following completion of the work and acceptance by the City. City Council December 2, 2014 Page 2 of 3 2. On April 9, 2013, the developer submitted a Labor & Material Bond in the amount of $43,100. Per Subdivision Agreement Section 12.3, Labor & Material Bond is required to secure payment to the contractors, subcontractors, laborers, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements. The Labor & Material Bond may be released six months following completion of the work and acceptance by the City. 3. On May 8, 2014, the permits were finalized by the City; the warranty period will end on May 8, 2015 and the remaining portion of the Performance Bond may be release only after May 8, 2015. le1LR/e1W&I65 Per Temple City Municipal Code Section 9-2-12, with respect to any subdivision, lot split, or other division of land, for which certain improvements are required, the City Council, in its discretion, may execute an agreement with the subdivider or other qualified person, providing for the construction of such improvements; provided that any such agreement shall contain provisions concerning security for the construction of such improvements. On March 15, 2013, a Subdivision Improvement Agreement was executed requiring a Performance Bond in the amount of $86,200 and Labor & Material Bond in the amount of $43,100. Those bonds are ready to be released in accordance with terms of conditions cited in Subdivision Improvement Agreement Sections 12.1, 12.2 and 12.3. CONCLUSION: The City has approved the work as completed, accepted the public improvements for public use, and may partially release the security deposit in the amount of $64,650 filed for Performance Bond and retain a portion thereof in the amount of $21,550 until May 8, 2015, when the warranty period will terminate and the remainder of the Performance Bond may be fully released. The Labor & Material Bond may be released in full in the amount of $ 43,000. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2014-15 City Budget. City Council December 2, 2014 Page 3 of 3 ATTACHMENTS: A. Letter Confirming Building Permits Finalized on May 8, 2014 B. Copies of the Bonds tEMAr F w Epi Cq�f' i, og K CITY OF TEMPLE CITY, CALIFORNIA ,x Community Development Department nma 4trFORN�P November 7, 2014 Public Improvements Parcel Map No. 71792 6128-6130 Temple City Blvd. To: The Honorable City Council ATTACHMENT A 9701 Las Tunas Drive Temple City, California 91780 Phone 626.285.2171 Fax 626.285.8192 www.templecity.us The construction of the Public Improvements for Parcel No. 71792, guaranteed by the securities below have been completed in compliance with the approved plans and specifications and permits finaled on May 8, 2014. It is recommended that the City Council: 1. Approve the work that has been completed, and accept the public improvements for public use and maintenance. 2. Approve the release of the following portion of the lasted securities. Tract Map No 71792 Public Improvement Performance Bond Bond No.: Original Performance Bond Amount: Partial amount approved to be released: Financial Institution: Material and Labor Bond Bond No.: Original Faithful Performance Amount Amount approved to be released: Financial Institution: 388067-5 $86,200 $64,650 Indemnity Company of California 386467-5 $43,100 $43,100 Indemnity Company of California Please instruct the City Clerk to send a copy of the City Council's action on these recommendations to the Depositor, Financial institution. Respectfully, Ayla Jefferson, CBO Chief Building Official ISSUED IN THREE (3) ORIGINAL COUNTERPARTS ATTACHMENT B BOND NO. 388067-S INITIAL PREMIUM: 2,586.00 FOR (2) YEARS SUBJECT TO RENEWAL CITY OF TEMPLE CITY TRACT MAP NO. 71792 IMPROVEMENTS FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: . WHEREAS the City of Temple City, California ("City") and DEXTER TEMPLE CITY, LLC ("Principal"), have executed an agreement for work consisting of, but not'limited Jto, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 71792 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated MARCH , 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and INDEMNITY COMPANY OF CALIFORNIA ("Surety"), a corporation organized and existing under the laws of the State of CALIFORNIA , and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of EIGHTY SIX THOUSAND TWO HUNDRED NO/100 Dollars ($ 86,200.00 ) said sum being not less than one hundred percent (100°/x) of the `hal cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if 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, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performedat the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. SUBDIVISION IMPROVEMENT AGREEMENT As part of the obligation secured hereby, and in addition to the face amount specified Iherefor, 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. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et seg. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at COVINA, CA , this 9TH day of APRIL 2013 DEXTER TEMPLE CITY, LLC INDEMNITY COMPANY OF CALIFORNIA Principal Surety By: By Its: Managing Member Attorne ct CHARLES HUAN IDENT PHILIP E. VE A (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. 2 SUBMVISION IMPROVEMEM' AGREEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (9-09) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Jadon H. Smith, Philip E. Vega, Frank Morones, Britton Christiansen, jointly or severally*** as their true and lawful Attomey(sLin-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporatans, as sureties, bonds, undertakings and contracts of surely - ship giving and granting Old said Allorney(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, lint reserving to each of said corporations full power of substitution and revocation, and at of Me acts of said Attorney(sNii-Fad, pursuant to these presents, are hereby rattled and confirmed. This Power ofAllomey is granted and is signed by facsimile under and by authority of the following msolutons adopted by the respective Boards at Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Exseutve Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, quarifying the altorney(s) named in the Pavia of Attorney to execute, on behalf of the corporations, bonds, undertakings and contacts of suretyahip; and that the Secretary or any Assistant Secretary of either 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 o(Attomey or to any ced4tcate 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 band, undertaking or contract of suretyship to which it Is allached, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and abraded by their respective Secretary or Assistant Secretary this January 1st, 2008, By./ Baniel Young, Vlce-President By: Stephen T. Pale, Simia-Vice-President State of Catfomla County of Orange On January 31. 2011 before me, Date Personally appeared AIOALVARADO NTONQMM. # 1860643 3 NOTARYPUBLiCCALIFORNIA Opt"ECOUNTY s jl MY comm. expires Aug. 9, 2013 Place Notary Seal Above OCOT. 1936 OCT. 5 1967 Antonio Alvarado. Notary Public Here Insed Name and The of the Officer Daniel Yourm and Stephen T. Pate Name(s) of Slgner(s) who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to the within Instrument and acknowledged to me that he/shellhey executed the same M hlstherAheir authorized capadly(ies), and that by hisrherhhelr signsture(s) on the instrument the persor(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I ceNfy, under PENALTY OF PERJURY under the laws of the Stale of Catifamla that the foregoing paragraph Is We and coned. WITNESS my hand and ofhdal said. Signature CERTIFICATE 64aw'V4- Antonio Alvarado, Notary Public The undersigned, as Secretary orAssialanl Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA does hereby certify, that the foregoing Power ofAttomey 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 corporadans set forth in the Power of Atomey are in tome as of the date of MIs Certificate. A,;, This Cenificate is executed In/thpeeCCkiyo?IIrvine, CCalifornia, this 9TH dayot APRIL, 2013 By: � C/ �i.U�sislant Secretary _ ID-13B0(Rsv.01/11) ��Iii !11 7-1111 State of California County of Los Angeles J On APR ��� 2013_ before me, Monica Date personally appeared Philip E. Vega CIVIL CODE � I189 Blaisdell, Notary Public Here Insert Name and TAle of the 01I Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(; whose name(g is/afe- subscribed to the within instrument and acknowledged _ to me that he/slae/tfley executed the same in ON MONICA (iIAISCELI hislher/their authorized capacity(ig&), and that by Commission # 1970845 z his/her/their signature( on the instrument the Notary Public - California z z orange County a person* or the entity upon behalf of which the My Comm. Expires Mar 26, 2016 t personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: "' 0A'I J Place Notary Seal Above Signature of Notary Public CALIFORNIA LLL -PURPOSE ACKNOWLEDGMENT State of California County of 1.-06 Ayt ¢(e5 On Aril ID .2a[3 J before me, `3k1kA i�an` �_ �(o}zir J Wc. DAle , Here Ince eme antl W. o tty' 0 personally appeared clo' A S UltarnM --_ Name(sj of 519ner(s) who proved to me on the basis of satisfactory evidence to be the person, srwhose name(sris/are-subscribed to the within instrument and acknowledged to me that SHIRLEY PAN helshelthey executed the same in hisAie0heir authorized Commission k 1998668 eapacitypes-; and that by hislbeAie-iwsignature(B-Yon the Notary Public - California instrument the person(a)s or the entity upon behalf of E , , I., , --Los Angelas County which the person(.%yacted, executed the instrument. M Cammwoomm..Eztlires•NAo1$2016 uaw I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signatura g�gna ire of ��%��(�NI�Notary' Public OPTIONAL Though the intormallon 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(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorneyr in Fact - ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Tftie(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IGHTTHUprEPRINT: QF StGNER.. ®200]National Notary Pssociation•.93500¢ Sofo Ave., P.O.Box2402•Chabworlh, CA 91313-2402•waay.NatlonalNotaryorg Item 85901 Reortler:CallTall-Frea1-BW8]6-6827 ISSUED IN THREE (3) ORIGINAL COUNTERPARTS BOND NO. 388067-S Il41TIAL PREMIUM: INCLUDED IN PERFORMANCE BOND. SUBJECT TO RENEWAL CITY OF TEMPLE CITY TRACT MAP 71792 IMPROVEMENTS FORM OF LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS; WHEREAS the City of Temple City California ("City") and DEXTER TEMPLE CITY, LLC ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 71792. . ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated MARCH 2013 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors Shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and INDEMNITY COMPANY OF CALIFORNIA ("Surety"), a corporation organized and existing under the laws of the State of CALIFORNIA -and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the Sum Of FORTY THREE THOUSAND ONE - „Dollars (S 43,100.00 _), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. `HUNDRED NOMOO SUBDIVISION IMPROVEMENT AGREEMENT THE. CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department front the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As 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. This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons famishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. 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 California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at COVINA, CA thus 9TH day of APRIL 12013 DEXTER TEMPLE CITY, LLC INDEMN Principal Surety By:=HUANG,PR By: ts: CHA (print name) (print name) 2 SUBDIVISION IMPROVEMENT AGREEMENT NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. 3 SUBDIVISION IMPROVEMENT AGRL-EMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19775, IRVINE, CA 921323 (949) 263-3300 KNOW ALL BYTHESE PRESENTS [hat except as expressly limited, DEVELOPERS SURETY AND INDEMNIFY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Jadon H. Smith, Philip E. Vega, Frank Morones, Britton Christiansen, jointly or severally*"' as their We and lawful Alminey(slJn-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety. slip giving and granbn9 unto said Atlorney(s)-in-Fact full power and autbodly to do and to pertonn 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 Atlorney(s)9n-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power ofAttomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -Presider, Senior Vice -President or any Vice President of Ne corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the altomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power al'Aliamey; RESOLVE O, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney a to any re rdfirale relating thereto by faaimile, and any such Power ofAttorney 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 mused these presents to be signed by their respective officers and attested by their respective Secretary orAssislznt Secretary this January 1st, 2003 By: I _ /.IAc aN AND OR41�...,, PANY Dams) Young, Vice-president ,.;t�j•Ap pR4. ; GO ,,POR Op y: �o rF+.vy,. .t.A VO 4T 9 � — Swt ODT i"rc =$ OCT,5 mar 8, r.2 W 1967 O Stephen T, Pate, Senior ce-Pres=oi 1936 'o ident Oyp Q.2 State of California County of Orange On January 31. 2011 before me. Date personally appeared ANTONIO ALVARADO COMM7. W S 1880643 NOT ORMP(BCE COUP IA s 3� vimmm. a relies Aug. 0, 2013 rvrv+ay Place Notary Seal Above '9IFOP�� d xk Antonio Alvarado, Notary Public Here Insert Name and Tale of the Officer Daniel Youno and Stephen T. Pale Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the pascals) whose names) islare subscribed to the within instrument and acknowledged to we that helshelthey executed the same in hisfnerltheir authorized capadty(ies), and that by histhetAheir stgnabse(s) on the Instrument the pascals), w the entity, upon behalf of which the persons) acted, executed the Instrument 1 Unity under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is true and mucct. WITNESS my hand and official seal. Signature CERTIFICATE 64a44-4- AntonioAlvarado, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or 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 Attomey are in force as of the date of this Certificate. This Certificate Isexecutedin the C(ii�tyty'offIIrvine, California, this DTH day of APRIL, 2013 By: ADD , istant Secretary ID-1380(Rav,011i1) ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL COME ss89 1 State of California County of Los Angeles APR 09 2013 On before me, Monica Blaisdell, Notary Public Date Here Insert Name and TRI. of the Oemet =k personally appeared Philip E. Vega MONICA BLAISDELL `" - Commission # 1970845 •.(�.� Notary Public -California > Z ' _::. z •. Orange County My comm. Expires Maar - 2016 Place Nolary Seal Above Name(s) of Sgner(s) who proved to me on the basis of satisfactory evidence to be the personK whose name, is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/tier/their authorized capacity(ies), and that by his/faer/thein signature(* on the instrument the person(; or the entity upon behalf of which the personal acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 'A VUA�(, i btawrak✓ Sgnature of Nolary Public CAL11FOR IA ALL-PURPOSE ACKNO LEDGMEMT State of California County of L<,s FYAr& On Alai( l0 zom before me, SlrurlPs mart ll aPublic Da `7 Hare 1.s ame a d a Officer personally appeared merits Rlxamg J Names) of SlgneKs) SWRILEY PAN Commission 0 T998968 Notary Public . California Los Angeles County y M Comm; € )res Nov 18, 20�76�b Place Notary Seal Abasre who proved to me on the basis of satisfactory evince to be the person(s)• whose namek4 is/are-subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/herfHieir authorized capacity(ie*, and that by hisiherkheig signatura(q on the instrument the persoriW, or the entity upon behalf of which the persot.0racted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ignaare d Notary "'V. - OPTIONAL Though the Information below is not required bylaw, 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: Signer(s) Other Than Named Above: Capacity(ios) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General r ❑ Attomey in Fact Cl Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s) ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Othe Signer Is Representing• IGHT : urr_ I r: RF SLGrvER_ . ®20W National Nolary Assodation•9a500e Sora Ave.,P.O.Bax 2402•Cha4vmrth.GA 9i31&2402•wwivNatlanelNotarywg Ilam k5997 ReoNpr:CaIIToOFreet-SOUH768027