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08-0318_HABITAT FOR HUMANITY_Release32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org January 30, 2013 Developers Surety & Indemnity Co. PO Box 19725 Irvine, CA 92614 MEMBERS OF THE CITY COUNCIL Re: Release of Bonds — Habitat for Humanity of Orange County, Inc. — Tract_ 17027 Dear Sir or Madam: SAM ALLEVATO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR This letter is to inform you that the following bond issued to Habitat for Humanity of Orange County, Inc. for Tract 17027 are officially released as of January 30, 2013: BOND NO. PURPOSE AMOUNT 733918S Street and Related Appurtenances $ 149,195.00 733919S Storm Drain 160,905.00 734616S Sanitary Sewer 213,699.00 734617S Landscaping and Irrigation 146,536.20 734619S Monumentation 1,000.00 733347S Water Improvements on Calle Rolando Street 38,940.00 734618S Water and Related Appurtenances 167,512.00 The City of San Juan Capistrano hereby fully and forever releases and discharges Developers Surety & Indemnity Co. from any and all liability under the abovementioned bond numbers. The original — released — documents are enclosed. If you have any questions, please do not hesitate to call me at (949) 443-6310. Sincerely, Christy Jakl Deputy City Clerk Enclosures as noted cc: (Letter copy only) James G. Ross, Interim Public Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future n `) Printed on 100% recycled paper RELEASED Date:% Signature* City Clerk City of San Juan Capist o, CA B, 1 No 733918S Premium $2,984.00/2 year term SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 2nd 20 08 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: Street and Related Appurtenances NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One hundred forty nine thousand one hundred ninety five and 00/100 Dollars ($ 149,195.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 20 08 , at Irvine 17TH day of March , California. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) APPROVED S TO F RM: SURETY Devel ers Su eV and Indemnity Company +0 c By John R. haw, City Attorney Natalie Caicedo Lopez, Attorney -In -f=act (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan Notary Public Date Here Insert Name and Tide of the {Vicar personally appeared Natalie Caicedo Lopez Nnme(s) of Signer(s) ,goANA ROLDAN COMM. # 1697782 NOTARY PUBLIC CALiFOANIA ORANGE COUNTY +►� . comm, expires Oct. 5, 2010 Place Notary Seal Above 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 which the person(s) 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 4y, Sign e of Notary PuNic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-600-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(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. State of California County of Orange On - January 1st, 2008 before me, Christopher J. Roach. Notary Public Date Here Insert Name and Title of the Officer personally appeared ,...,._.__ Stephen T. Pate and Charles L. Da 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 C�IR)S I I F� J. ROACH which and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM, # 174%39 NOTAFry PUSUC C1W010IIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. W oarrtm, ttptres Nfay 19, 2011 WITNESS my hand and offl;ial seal. Place Notary Seal Above Signaturer.�= --_-- x - Ch or 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 17T&y of March 2008 8y: Albert Hillebrand, Assistantecretary ID -1 380(WeQ(Rev.07/07) BY: _ti. ,'' tt a,H4�`y, O�t,?AtVle Stephen T. Pate, Senior Vice President 4 a 3'eyp RJ4p ..�y? ty PO R.4f 0 5a: OCT c f0 �.� UOR 2 OCT.5 0 n Wtx� '4�:3� Charles L. Day, Assistant Secretary o`; 1938 $mss '• �r':, "3 1967 State of California County of Orange On - January 1st, 2008 before me, Christopher J. Roach. Notary Public Date Here Insert Name and Title of the Officer personally appeared ,...,._.__ Stephen T. Pate and Charles L. Da 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 C�IR)S I I F� J. ROACH which and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COMM, # 174%39 NOTAFry PUSUC C1W010IIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. W oarrtm, ttptres Nfay 19, 2011 WITNESS my hand and offl;ial seal. Place Notary Seal Above Signaturer.�= --_-- x - Ch or 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 17T&y of March 2008 8y: Albert Hillebrand, Assistantecretary ID -1 380(WeQ(Rev.07/07) B, I No 733918S Premium $Included In Performance Bond RELEASED Date: I Slgnature: City Clerk City of San Juan Capistrano, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Street and Related Appurtenances WHEREAS said Agreement dated January 2nd , 20 08 Is hereby referred to made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and C Developers Surety and Indemnity ompany , as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One hundred forty nine thousand one hundred ninety five and 00/100 Dollars, ($ 149,195.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound 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, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, 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. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE 1T FURTHER RESOLVED: 9 _ As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the day of March, 20 g$ , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 APPROVED AS TO FORM: By John R. haw, City Attorney NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Habitat for Humanity of Orange County Inc. (NOTARIZATION AND SEAL) SURETY Devel per Sur ty and Indemnity Company n i Nat ie'Caic do opez, Attorney -In -Fact (NOTARIZATION AND SEAL) Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan, NotaryPublic Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez lVame(s) of Signer(s) ANA ROLDAN COMM. # 1697782 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY } My comm, �t $ Oat. 6, 2010 [ Place Notary Seal Above 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 which the person(s) 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 hanand official al. Signature _ 1 1.41, 0�Kdijein,, Signature of Kotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):� ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �'.`Ct;`�c,;�' .' � _. - ._".`�i`�`�'''�<+"=��i� ' _ �'._.^�`�i`�'c.`�`�i:`�"�»•'��'C;•`�<;•`�i;'�`-�`'�t:�`'<>�i.`�;7�`±+;,.`Ct,'."v'�.'L= 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(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. -- �ar.rrrrarrr,r� ay:;.� ANc ryo.PAhfYO Stephen T. Pate, Senior Vice President r`�.',Q p rF��� G OFPo 1 0 W gni 2 By: celx�� Za OCT. o: 1936 O: � ? W f]CT.5 1967 -^ Charles L. Day, Assistant Secretary v ria 0. C5 P �� QFOS State of California 11 r'''• •'* � •r••r!r!llIr141rl+�W Or County of Orange On _ January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared CHRISTOPHER J. ROACH comm. # 1745939 NOTARY PUBLIC CALIMAN1A ORANGE COUNTY N My comm. eVros May 19, 2011 Place Notary Seal Above T Pate and Charles L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by hisfher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 off 'al seal. Signature Ch ' sr 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, that 7THday of March 2008 By: Albert Hillebrand, Assistant Secretary I D-1380 (Wet)(Rev.07/07) Br -4 No 733919S Premium $3,218.00/2 year term RELEASED Date: 1 �' Signature h,z��%L. rel City Clerk i - City of San Juan Capistrano, CA SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 2nd , 20 08 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: Storm Drain NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One hundred sixty thousand nine hundred five and 00/100 Dollars, ($ 160 905.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 9. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed 20 0$ , at this 17TH day of Irvine Z March . California. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Developers Surety and Indemnity Company r Natalie Caicedo Lopez, Attorney -In -Fact (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17. 2008 before me, Ana Roldan Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signor(s) ANA ROLDAN F o COMM. # 1697782 g ZE r NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comm, ex,Pires Oct. 5,2010J Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose natne(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 which the person(s) 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 h d and official seal Signature Sian re 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 + eattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Companv - Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ��"�5:•`�v'�G.'`���.�t^!��_,'+�i�"�C•�`k}�v .... _ `. . ��`_�=4'�_`cr�`�`--_Ss�f`�`ss�-�SY`�%i;�r'`�'�-`.C',��"�t,`�..�Le;`�c.•'��a` © 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-600-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia ]. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(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. B� ,`'�'AN©`% �, PANY Y" 1+Q , L}R Stephen T Pate, Senior Vice Presldeml o �.� aILPOR,q"� :A. , -'�. pp POp1 OC T. �` a 2` OCT. 5 4 -n t10 By' = = 19 3 6 i ° w 1987 Charles L. Day, Assistant Secretary �„s':, + a �- x. 0 Z State of California '+,,+ «� °`` Or County of Orange On January 1st, 2008 before me, _ Christo her J. Roach Nota Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized CHRISTOPHER J. FiflACFI 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. COMM. # 1745939 0 NOTARY PUBLIC CALIFORNIA p I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY � true and correct. - My comm. expires May 19, 21311 WITNESS my hand and off ial seal. Place Notary Seal Above Signature ChrWWWr 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 1 7TIay of March 2008 By: Albert Hillebrand, Assistant ecretary ID -1 380(Wet)(Rev.07/07) P d No 733919S RELi ASED Premium $Included In Performance Bond Date: Signature t +; City Clerk City of San Juan Caplst no, CA SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Storm Drain WHEREAS said Agreement dated January 2nd 20 [}8 Is hereby referred to made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One hundred sixty thousand nine hundred five and 00/100 Dollars, ($ 160 905.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound 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, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, 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. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1 _ As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the I t I h day of March, 20 �$ , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL Habitat for Humanity of Orange County Inc. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY Develo r Sur y @nd I demnity Company By John R. haw, City Attorney ,+, Nata Carcedo +apez, Attorney -In -Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Rol Notary ublicIn Date Here sert Narne and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA ROLDAN f O7 COMM. # 1697782 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My COMM. expires Oct. 5, 2010 Place Notary Seal Above 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 which the person(s) 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 ld official seal. Signature 10 - Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):— El itle(s)—❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia ]. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: r X45 Qe!*DRq©:�s Stephen T. Pate, Senior Vice Presiden rr : OCT, c .W; l �i a- 1. Charles L. Day, Assistant Secretary State of California County of Orange On January lst, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Da Name(s) of Signer(s) CHRISMPHER J, ROAM COMM. # 1745939 ` NOTARY PUBLIC CAUFOWtA ORANGE COUNTY AAy Comm, exp m May 19, 2011 Place Notary Seal Above 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 which the person(s) 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 ofkjall seal. 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 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 17 T�ay of March 2008 By: Alber201,�rand. Assistantecretary ID -1 380(Wet)(Rev.07/07) .RELEASED UL L Date: signature k ity Clerk City of San Juan Capistrano, CA Br I No 734616S Premium $4,274.00/2 year term SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 2nd 20 08 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: Sanitary Sewer NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Two hundred thirteen thousand six hundred ninety nine and 00/100 Dollars, ($ 213,699.00 } lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed 20 08 , at APPROVE By John R. 17TH March this � day of Irvine , California. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) D S TO F RM: SURETY Developer Su ret and In emnity Company � s haw, City Attorney _ Natalie Caice o Lopez, Attorney -In -Fact (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan. Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA R OLDAN OMM.# 169778 2 NOTARY PUBLIC CALIFORNIA Cii ORANGE COUNTY N My COMM. expires Oct. 5, 2010 Place Notary Seal Above 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 which the person(s) 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 harA and official seal. Signature LIZ Slg11a1tkWV f4010Fy PUblIC OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s):_ ❑ Partner — ❑ Limited ❑ General G6 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s).-- El itles)—❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: @2007 National Notary Association • 9350 De Soto Ave.., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www. NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Adomey(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 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(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. State of California County of Orange Mel On January 1 st, 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared CHRISTOPHEfl J. ROACH COMM. # 1745939 NOTARY PUBLIC CALIFOIIMA ORANGE COU-NTY My =nm. expires May 19, 2011 Place Notary Seal Above T Pate and Charles L. Da 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 which the person(s) 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 off `al sem. 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 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, the17THday of March 2008 13y: Albert Hillebrand, Assistant 96cretary I D-1380(Wet)(Rev.07/07) �y 4,1111 '4 By: _ND _ _ �Y P..... ryQ�y. PAf Vpa Stephen T Pate, Senior Vice President aywlr Qpp4R•.fi 3 Cy �G aR1P0 r OCT. By. `w 10 OCT. w 1987 � Charles L. Day, Assistant Secretary =a} 1936 hoz ;jus$ a "� 4��.,fOY4tA•. C3 C) !� � "�Cli`GtR� ��.rs+rr' -ks' State of California County of Orange Mel On January 1 st, 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared CHRISTOPHEfl J. ROACH COMM. # 1745939 NOTARY PUBLIC CALIFOIIMA ORANGE COU-NTY My =nm. expires May 19, 2011 Place Notary Seal Above T Pate and Charles L. Da 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 which the person(s) 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 off `al sem. 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 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, the17THday of March 2008 13y: Albert Hillebrand, Assistant 96cretary I D-1380(Wet)(Rev.07/07) RELEASED Date: \ Signature /tKA City Clerk City of San Juan Capistrano, CA B 1 No 734616S Premium $Included In Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Sanitary Sewer WHEREAS said Agreement dated Is hereby referred to made a part hereof; and January 2nd 20 08 WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company , as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Two hundred thirteen thousand six hundred ninety nine and 00/100 Dollars, ($ 213,699.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound 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, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, 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. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1 _ As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 17TH day of March, 20 0$ , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 PRINCIPAL Habitat for Humanity of Orange County Inc. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY Devel r Sur ty�and Indemnity Company By John R. haw, City Attorney � � ux, Natalie Caked opez, Attorney -In -Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan Nota Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(&) of Signer(s) ANA ROLDAN CV' ' COMM. # 1697782 Zi NOTARY PUBLIC CALIFORNIA ORANGE COUNTY r°u N1y comm, expires Oct. 5, 2010 Place Notary Seal Above 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 which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my handMind officials Signature � tm '0� ACA,-, Signature Y Nota uis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):,- ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: `�`4`�L`'�-`•.W"�`.4'�C?'`�`—tri.,_- `�Xvs'�G`��` Y��-+�'1'�}?%Z..':'�-`vim-`4;7�v^�;.�'�:c.`t`�Sv'`v`�r.-.`�,v�vf-`�%G'°�v�S.`�G`G�`,�v' ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www,.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the 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 adomey(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. State of California County of Orange On January 1st 2008 before me, Christopher J. Roach, Notary Public _ Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Chad L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histherltheir authorized CHRISTOPHER J. ROACH which 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. COMM. # 174W39 NOTARY PUSUC CAUPORNIA � I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE GWN7Y true and correct. cnmrn. xplres May 11.21" WITNESS my hand and Mal 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 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, thel 7THday of March 2008 By: Albert Hillebrand, Assistant ecretary ID -1 380(Wet)(Rev.07107) .dwu..M111rrer. Stephen T Pate, Senior Vice President `; o9'P0 ti 4 OCT. By: a = 10 . n =O z- 11936 rb r Charles L. Day, Assistant Secretary State of California County of Orange On January 1st 2008 before me, Christopher J. Roach, Notary Public _ Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Chad L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histherltheir authorized CHRISTOPHER J. ROACH which 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. COMM. # 174W39 NOTARY PUSUC CAUPORNIA � I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE GWN7Y true and correct. cnmrn. xplres May 11.21" WITNESS my hand and Mal 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 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, thel 7THday of March 2008 By: Albert Hillebrand, Assistant ecretary ID -1 380(Wet)(Rev.07107) aELEASED Date: 1 D Signature: City Clerk City of San Juan Capistrano, CA B, � No 734617S Premium $2,931.00/2 year term SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 2nd 20 03 and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: Landscaping and Irrigation NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One hundred forty six thousand five hundred thirty six and 20/100146,536.20 Dollars, ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. day March Executed this ay of 20 08 , at Irvine , California. John R. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Deve, pers S ety and Indemnity Company Natalie Caiced Lopez, Attorney -In -Fact (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan. Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA ROLDAN COMM. # 1897782 NOTARY PUBLIC CALIFORNIA tr ORANGE COUNTY N Place Notary Seal Above 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 which the person(s) 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 handd official seal. Signature Signature o Notary P6t7ltc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):^ ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: wti'."�:`%(�'�Gi`�%c.'�.�v"�iv"('4`"U�`S:`��✓'�`.,'fi�:�T�'4`�}`t` v`�v'�!v�'�-.`4'�%Er'Z%C.`�i'..�?:''�%Z.`�`C`���i�'-`�'eC.`�-`�v��S�sC7'�Cr-r"�^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETYAND 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: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the allomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. 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 CHRISTOPHER J. 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. O COMM. # 1745939 - NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORMGE COUNTY true and correct. COMM. expires May 19, 2011 WITNESS my hand and offs al 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 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 17Tgay of March 2008 By; Albert Hillebrand, Assistant Secretary ID-1380(Wet)(Rev.07/07) .............. ,., By. Srt.�nA!!c"�""4 y O Stephen TPate, Senior Vic ePresident oq�¢fi�r o,tYAnr A� 0�t'Oy4 .rgr ?OCT '� 10 ''� OCT. 5 rpn By: c 3 x 1936 i o W 1987 Charles L. Day, Assistant Secretary I¢yr �CIF0 ,�O ... State of California County of Orange On January 1st, 2008 before me, _ Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ste hen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized CHRISTOPHER J. 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. O COMM. # 1745939 - NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORMGE COUNTY true and correct. COMM. expires May 19, 2011 WITNESS my hand and offs al 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 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 17Tgay of March 2008 By; Albert Hillebrand, Assistant Secretary ID-1380(Wet)(Rev.07/07) RELEASED Date: l Signature City Clerk l City of San Juan Capistrano, CA B I No 734617S Premium $Included In Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Landscaping and Irrigation WHEREAS said Agreement dated January 2nd , 20 08 , Is hereby referred to made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company , as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One hundred forty six thousand five hundred thirty six and 20/100 Dollars, ($ 146,536.20 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound 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, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, 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. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the day of March, 20 08 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page 2 of 3 APPROVED AS TO FORM: ByQ 14&j- John R. ha -w, City Attorney NOTE: Please Attach Acknowledgement and Power of Attorney PRINCIPAL Habitat for Humanity of Orange County Inc. (NOTARIZATION AND SEAL) :•311:1 A WA Developr Suret and Indemnity Company f Natalie Caicedo C6pez, A orney-In-Fact (NOTARIZATION AND SEAL) Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan, NotaryPublic , Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA ROLDAN C11"' "; COMM. # 1697782 g NOTARY PUBLIC CALIFORNIA i A, ORANGE COUNTY 2 Place Notary Seal Above 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 which the person(s) 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 liar and official sealG�6& Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �C;`��',w'��� i�C.v`�^%.-.`C`�C."�`t:"i`��.<i`�':`�C:""�it�}"`'�iT'�v'�—t.�..''�%`t,`�` ,�`�:- , - • a -.. ... '�,(�*�/>'7G 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said 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 Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the 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. 4fi Stephen T. Pate, Senior Vice President �y� tiV-P0RT ��,y . SAG OqkP 0,9 0 2 w e OOT. ` z OCT. 5 By: sp1936?as ist 1967 Charles L. Day, Assistant Secretary >� ` State of California County of Orange .... ytr .-., On January 1st, 2008 before me, Christopher J. Roach NotM Public Date Here Insert Name and Title of the Officer personally appeared CHRISMPHER J, ROACH �- COMM. # 1745939 ' NOTARY PUBLIC CALL [A ORMGE COUNTY M canm, expires May 19, 2011 Place Notary Seal Above T. Pate and Charles L. D2 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 which the person(s) 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 offf ial seal. Signature�y 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 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 17 T%ay of March 2008 By: Albert Hillebrand, AssistantSecretary ID -1 380(Wet)(Rev.07/07) RELEAS ED Bond I\- 7346195 Premium $100.00/2 Year Term Date: ; Signature: " City Clerk City of San )uan Capistran , CA SUBDIVISION FAITHFUL PERFORMANCE BOND FOR SETTING SUBDIVISION MONUMENTS (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 2nd _ > 20 Os and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee the proper setting of all required survey monuments associated with the Subdivision Development. NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One thousand and 00/100 Dollars, ($_ 1.000.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE 1T FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 17TH day of March 20 os , at Irvine , California. APPROVED AS TO FORM: f By John R. Ww, City Attorney PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Developers Surey and Indemnity Company Al Natalie Caicedo Lopez, Attorney -In -Fact (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan. NotaryPublic Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA ROLDAN COMM. # 1687782 oL.;W NOTARY PUBLIC CALIFORNIA ORANQE COUNTY N My comm, expires Oct. 5, 2010 t Place Notary Seal Above 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 which the person(s) 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 Signa-ofSjgnak4gof PJoE}ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages:_ Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):— El itle(s)_❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 85907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: ,•t 1ANQ Iryjja Stephen T. Pate, Senior Vice Prbsfden _ ,� d P0R,�A �,��s� = yu 110 n �' L 1014 1936 7�0 Charles L. Day, Assistant Secretary State of California County of Orange On January 1 st. 2008 _ before me, Christi her J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L. Da Name(s) of Signer(s) CHRISTOPHER J. ROACH COMM. # 1745939 - ? NOTARY PUBLIC CA3JFQANIA ORANGE COUNTY ru My comm. oxpires May 19, 2011 Place Notary Seal Above 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/hedtheir 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. I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and offr ial seal, Signature + �aOtj,r - 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 17 TNay of March 2008 By: Albert Hillebrand, Assistant Secretary ID -1 380(Wet)(Rev.07/07) RELEASED Date, 1 ,? -- Signature: City Clerk City of San Juan Capistrano, CA Resolution 06-08-22-3 Bond No 733347S Premium $779.00 / 2 Year Term SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of. San Juan Capistrano, State of California, and _ Habitat for Humanity of Orange County, Inc. (hereafter designated as "Principal'), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated and made a part hereof, and 120 WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows~ Water Improvements on Calle Rolando Street NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of Thirty eight thousand nine hundred forty & 00/100 dollars, (.;� r 38,940.00 lawful money of the United States, for the payment of which slim well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing Stich obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and if does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 28TH 20 07 ' �t Irvine APPROVEDS TO F RM; lay John R. Phaw, CityALLurm5y day of June , California. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Developers Surety and Indemnity Company Natalie Caicedo Lopez, Attorney -In -Fact (NOTARIZATION AND SEAL) STATEOF California COUNTYOF Orange 017 June 28, 2007 before me, Ana Roldan, Notary Public (here insert name and title of the officer), personally appeared Natalie Caicedo Lopez personally 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 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. 1 .1 1 03. 1 W. will I nip, W�J� I Mj OPTIONAL ANA ROLDAN COMM. It 1697782 NOTARY PUBLIC CALIFORNIA S ORANGE COUNTY O.Mycomm.expir"00,5.20110 This areafor Official 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL A ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Developers Surety and Indemnity Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 9623 (949) 263-3300 KNOW ALL MEN 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: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorneys) -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 saki cotporations full power of substitution and revocation, and all of the acts of said Attorncy(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile tinder 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 November I, 2000: 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 attornev(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contacts of surekyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, audmrized 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 corporation 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 Executive Vice President and attested by their respective Secretary this I st clay of December, 2005. IRAN AND AN By: David F{. Rhodes, Executive Vice-President"P0R'� Qc.y �4 PPOI1 [� Walter A. Crowell, Secretary STATE OF CALIFORNIA COUN'T'Y OF ORANGE On December I, 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David FL Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis ofsatisfactory 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 hisAier./their authorized capacity(ies), and that by his!her,'lheir signaturc(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 6 GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY my comm, expires May. 0, 2009 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 28TH day of June 2007 L By Albert Hillebrand, Assistant Secretary ID- 13 80 (Rev. 12/05) OCT. z OCT. 5 10 n e toss 1967 1936 On December I, 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David FL Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis ofsatisfactory 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 hisAier./their authorized capacity(ies), and that by his!her,'lheir signaturc(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 6 GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY my comm, expires May. 0, 2009 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 28TH day of June 2007 L By Albert Hillebrand, Assistant Secretary ID- 13 80 (Rev. 12/05) RELEASE® Date: e A Signature:`" City Clerk City of San Juan Capistrano, CA Resolution 06-08-22-3 Bond No 733347S P _.Aum $Included In Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County, Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby 1-1hrictpal agrees to install and complete certain designated public improvements more particularly Water Improvements on Calle Rolando Street WHEREAS said Agreement dated Is hereby referred to made a part hereof, and described as follows: , 20 , WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company - as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of Thirty eight thousand nine hundred forty & - Dollars, (�_ 00/100 38,940.00 --- ---- - ,._� lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound 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, page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and perFormed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, 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. J Sdrety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. ` 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the 28TH day of June 20 07 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body - Page 2 of 3 APPROVED AS TO FORM: Q qjAj ., �_- John R. dhaw, City Attomey NOTE; Please Attach Acknowledgement and Power. of Attorney PRINCIPAL. Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) SURETY Developers Surety and Indemnity Company UU (k Natalie Caicedo Lopez, Attorney -In -Fact (NOTARIZATION AND SEAL) Page 3of3 STATE OF California COUNTYOF Orange On June 28, 2007 before rte, Ana Roldan, Notary Public (here insert name and title of the officer), personally appeared Natalie Caicedo Lopez personally 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 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 (SEAL.) OPTIONAL ANA ROLDAN COMM. It 1697782 2 -NOTARY PUBLIC CALIFORNIA � # ORANGE COUNTY My comm. expires Oct. 5, 2010 This area for Offccial 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) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Developers Surety and Indemnity Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 12/05) ALL-PURPOSE ACKNOWLEDGEMENT POWER OFATT'ORNEY FOR DEVELOPERS SURETYAND INDEMNITYCONIPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN 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: ***Keith E. Sandrock Sr., Patricia I Sandrock, Natalie Caicedo Lopez, 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 contracts of suretyship giving and granting unto said Attorneys) -in -Fact full power an([ 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 Attorncy(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. ']'his 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 November 1, 2000: RESOLVED, that [he 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 ofthem hereby is, authorized to attest the execution of any such Power of Attontcy; 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 hearing such facsimile signatures shall be valid and binding upon the corporation 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 SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist (lay of December, 2005. p• u.nnrr.,. By: ,.� AND 7 '' OFANY �. By: David H. Rhodes, Fxecutive Vice -President Walter A. Crowell, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE: 0R qt 'ZQs; •, �1• ti� Uq "y �� OCT. = < OCT. 5 zy' 10 =n r�u 1967 :q• 1936 3' �+ �CiCjFe On December I, 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis ofsatisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknow]ufged to me that he/she/they executed the same in his/her./their authorized capacity(ies), and that by his-'hedtheir 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 62-Z' 'x/ GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comm. expires May 13, 2009 CERTIFICATE. The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttorrtcy 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 28TH day of June 2007 BY_ .... ._._.. Albert Hillebrand, Assistant Secretary D-1390 ( Rev. 12/05) RELEASED Signature. , City Clerk City of San Jua`p Captstra CA Br I No 734618S Premium $3,350.00/2 year term SUBDIVISION FAITHFUL PERFORMANCE BOND (GOVERNMENT CODE 66499.1) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements, which said Agreement dated January 2nd 20 OS and made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement to guarantee certain work, more particularly described as follows: Water and Related Appurtenances NOW, THEREFORE, we, the Principal and Developers Surety and Indemnity Company , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee"), in the sum of One hundred sixty seven thousand five hundred twelve and 00/100 Dollars, ($ 167,512.00 } lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements, then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified, 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. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration, or modification of the contract documents or of work to be performed thereunder. Executed this 17TH 20 08 , at Irvine day of March , California. PRINCIPAL Habitat for Humanity of Orange County Inc (NOTARIZATION AND SEAL) APPROVED S TO F RM: SURETY Develo er Sur ty and Indemnity Company C, By John R. Phaw, City Attorney _ _ Natali CaicedoLopez, Attorney-In-Fct (NOTARIZATION AND SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17. 2008 before me, Ana Roldan. Nota Public ! Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of signer(s) ANA ROLDAN 4 COMM. # 1697782 _ "'NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ti d'` �iy comm. expires Ocl.5, 2010 �� 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 capacty(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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my lian and official seal. Signature t4&A Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Off icer Title(s):� ❑ Partner — ❑ Limited ❑ General 54 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �.`=%C:'�'vr^�.'`�G�S3�'� k•''��,'��4`�t.'"�'�:'���`�(;zt.`t`�G.`�G:'cif'?=�'�"�a'�4�v':�t.�;�_'_ 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the 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 attomey(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. Sy: iy 0.N9 /4,. , ANYO, Stephen T. Pate, Senior Vice Presiden -`yp4 pgRgT + ; �G Po ra sf G OCT i ti 2U�" 10 0 .5 � n By' ,© 4 9 3 6 $ A 1987 Charles L. Day, Assistant Secretary ;,a' x 70W a.. �db�a - 4+,y4'FaR�yLQ t3 •.•........ a Slate of California `.•a,�'� * "�LA4a r County of Orange On January 1st 2008 before me, Christi her J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared CHRISTOPHER J. ROACH COMM. li 1745939 a NOTARY PUBLIC CALiFpRNIA ORANGE COUNTY N My COMM expires May 19, 2011 Place Notary Seal Above T. Pate and Charles L. Da Name(s) of Signer(s) who proved to me on 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/she/they executed the same in his/her/their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 o%al seal. 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 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 17Tly of March 2008 Albert Hillebrand, Assistantecretary ID -1 380(Wet)(Rev.07107) RELEASED Date: Signature City Clerk City of San ' - cepist 1qo, CA B, A No 734618S Premium $Included In Performance Bond SUBDIVISION LABOR AND MATERIAL BOND (GOVERNMENT CODE 66499.2) WHEREAS, the City Council of the City of San Juan Capistrano, State of California, and Habitat for Humanity of Orange County Inc. (hereafter designated as "Principal"), have entered into a Subdivision Agreement whereby Principal agrees to install and complete certain designated public improvements more particularly described as follows: Water and Related Appurtenances WHEREAS said Agreement dated January 2nd 20 08 Is hereby referred to made a part hereof; and WHEREAS, said Principal is required, under the terms of said Agreement, to furnish a bond for the faithful performance of said Agreement; NOW, THEREFORE, we, the Principal and C Developers Surety and Indemnity ompany , as Surety, are held firmly bound unto the City of San Juan Capistrano, hereinafter called "City" in the penal sum of One hundred sixty seven thousand five hundred twelve and 00/100 Dollars, ($ 167 512.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. NOW, THEREFORE, the condition of this obligation is such that if the above bound 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, Page 1 of 3 conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its offers, 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. Surety waives any rights, if there be any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: 1. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety hereby stipulates and agrees that no change, extension of time, alteration, or modification of the terms of the agreement or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the terms of the agreement or of the work or to the specifications. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named on the / day of March, 20 0$ , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. Page z of 3 PRINCIPAL Habitat for Humanity of Orange County Inc. (NOTARIZATION AND SEAL) APPROVED AS TO FORM: SURETY Develoqrs §ure apd Indemnity Company By John R. 8haw, City Attorney � �M ( � � �/� — Natalie aicedo L pez, A orney-In-Fact (NOTARIZATION AND SEAL) NOTE: Please Attach Acknowledgement and Power of Attorney Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On March 17, 2008 before me, Ana Roldan. Notary Public Date Here Insert Name and Title of the Officer personally appeared Natalie Caicedo Lopez Name(s) of Signer(s) ANA ROLDAN COMM. # 1697782 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comm. expires Oct. 5, 2010 Place Notary Seal Above 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 which the person(s) 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 nd official seal. Signature �s Signalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General Cf Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Number of Pag Signer's Name: ❑ Individual ❑ Corporate Officer Title(s) _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Keith E. Sandrock Sr., Patricia J. Sandrock, Natalie Caicedo Lopez, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorneys) -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 Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(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. personally appeared CHRISTOPHER J. ROAC COMM. # #74,5939 NOTARY PUBLIC CAUFO14NIA OFIANGE COUNTY ny MY COMM. MOMS Mtty 19, 2Dtl Place Notary Seal Above T Pate and Charles L. Da 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 histher/their authorized cepacity(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. 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 off 'al seal. 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 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 17Tly of March 2008 Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07107) By:f o'*,( A NrDrmyp :O 'Of' o", PAN Q T Pate, Senior Vice Presiden r.� Po q rp, e5r MT. OCT.S�Q rt pZBy Rwj :01936 b�OC'�M 187 Charles L. Day, Assistant Secretary C, ?3 . ,/p ,. .. ........ p .r�A<lFO4L State of California * 't, �It.tfp County of Orange kf6klLtk��'' On January 1 st, 2008 before me, Christ her J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared CHRISTOPHER J. ROAC COMM. # #74,5939 NOTARY PUBLIC CAUFO14NIA OFIANGE COUNTY ny MY COMM. MOMS Mtty 19, 2Dtl Place Notary Seal Above T Pate and Charles L. Da 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 histher/their authorized cepacity(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. 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 off 'al seal. 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 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 17Tly of March 2008 Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07107)