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Resolution 08-1210 RESOLUTION NO. 08-121.0 A RESOLUTION OF THE CITY OF LONGWOOD. FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MATLING OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Longwood, Florida (the "City") is contemplating the imposition of non-ad valorem special assessments to fund the cost of certain capital improvements and maintenance thereof including: (i) road paving anal resurfacing; (ii) enhancement of rights-of- way, subdivision walls, subdivision entrances and medians; (iii) street lighting, drainage, anal underground utilities; (iv) water and wastewater improvements; and (v) fire services and facilities. WI-AREAS, the City intends to use the uniform method for collecting the above- described non-ad valorem special assessments imposed against property within the incorporated area of the City as authorized by section 197.363.2, Florida Statutes, as amended, because this method will allow such non-ad valorem special assessments to be collected annually . commencing un November 2009, in the same manner as provided for ad valorem faxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida, that: Section L Commencing with the fiscal year beginning October 1, 2009 and with the tax statement mailed for such fiscal year, the City intends to use the uniform method of collecting non-ad valorem special assessments authorized in Section 197.3632, Florida Statutes, as amended; for collecting non-ad valorem special assessments imposed by the City to fund the cost of providing certain capital improvements and maintenance thereof including: (i) road paving and resurfacing; (ii) enhancement of rights-of--way, subdivision walls, subdivision entrances and medians; (iii:) street lighting, drainage, and underground utilities; (iv) water and wastewater improvements; and (v) fire rescue services and facilities. Such non-ad valorem. assessments shall be levied within the incorporated are of the City. A legal description of such area subject to the non-ad valorem special assessments is more particularly described as follows: The corporate Limits of the City of Longwood, Florida, shall consist of the boundaries of the City as established by Chapter 9825, Laws of Florida, 1923, Section 6, and in addition thereto all land annexed by the City of Longwood, Florida subsequent to 1923, and prior to the effective date of the City Charter. f Section 2. The City hereby determines that the levy of the assessments is needed to fund the cost of providing certain capital improvements and maintenance thereof including: (i) road paving and resurfacing; (ii) enhancement of rights-of--way, subdivision walls, subdivision Resolution No. 08-]210/ Page 2 entrances aild medians; (iii) street lighting, drainage, and underground utilities; and (iv) water and wastewater improvements, all withal the incorporated area of the City. Section Upon adoption; the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Seminole County Tax Collector, and the Seminole County Property Appraiser by January 10, 2009. Section 4. This Resolution shall become effective immediately upon passage and adoption.. ~ II PASSED AND ADOPTED TILLS ~~DAY OF J~ecevr~berA.D., 2008. G Brian D. Sac t, Ma or ~TTE Sarah i~~1. Mirus, CMC, City Clerk Approved as to form and legality for the use and re.lian~~ of the City of Lonb good, Florida, only. Teresa S. Roper, City Attorney E~IIBIT A ~ PROOF OF PUBLICATION - -gq~~ p~ Published Twice Weekly Sanford, Seminole County, Florida NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS STATE OF FLORIDA COUNTY OF SEMINOLE: ~ The City of Longwood, Florida (the "City') hereby provides Before the undersigned authority personally appeared Gene Kruckemyer, who on oath says that he notice pursuant to Section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad vat- ~ is Publisher of The Sanford Herald, a twice weekly newspaper published by the Seminole Herald orem special assessments to be levied within the incorporated i Newspaper Group at Sanford, in Seminole County, Florida; that the attached copy of the advertisement, area of the City, for the cost of providing (i) road paving and ~ resurfacing; (ii) enhancement of rights-ol-way, subdivision ~ walls, subdivision entrances and metlians; {iii)' street lighting; being a in the matter of drainage, and underground utilities; (iv) water and wastewater I ~ U O~ ~ improvements; and firs rescue services and facilities com- mencing for the Fiscal Year beginning on October 1, 2009. The in the Court, City will consider the adoption of a resolution electing to use the was publish_ ed in said newspaper in the issues of uniform method of collecting such assessments authorized by /L,ul~v 1 ~ Section 197.3632, Florida Statutes, at a public hearing to be - ~ 7 ~ O dC~ held at 7:44 p.m. on Docember 1, 2008, at 175 V:'esf V/arren Avenue, Longwood, Florida 32750.. Such resolution wilt state the need for the lovy and will contain a legal description ot.tho Hffiant rurther says that said The Sanford Herald is a newspaper published by the Seminole Herald boundaries of tho real property subject to the levy. Copies of Newspaper Group at Sanford, in said Seminole County, Florida, and that the said newspaper has' the proposed form of resolution, v:hich contains the legal heretofore been continuously published in said Seminole County, Florida, twice weekly and has been description otthe real property subject to the levy, are on file at entered as periodicals matter at the post office in Sanford, in said Seminole County, Florida, fora the Office of the City Clerk, ns west vlarren Avenuo, period of one year next preceding the first publication of the attached copy of advertisement; and affi- Longwood, Florida 32750. Atl interested persons are imrited to attend. ant further says that he or she has neither paid nor promised any person, firm or corporation any dis- count, rebate, commission or refund for the purpose of s curing this advertisement for publication in In the event any person decides to appeal any decision by the the Said newspaper. /Z City with respect to any matter relating to the consideration of the resolution at the above-referenced public hearing, a record (Signature of Affi~nt) ~ of the proceeding may be needed. In such event, such person a~ ~ ~ f vO v ~ may need to ensure That a verbatim record of the public haar- Sworn to and subscribed before me~his day of ~ , 2D ~ ing is made, vrhich record includes the testimony and evidence / ~ \ on which the appeal is to be based. In accordance with the ~`}Tt7~r/ G~ ~ 9I Americans with Disabilities Aci, persons needing a special accommodation or an interpreter to participate in this pra;eed- otir~Y °va` Notary Public State of Florida (Signature of Notary Public) ing should. contact the City's AOA Coordinator at (407) 260- 2 ~ Patricia W Smith 3481 at least 48 hours in advance of the hearing. Personally Known or Produced Identification ~ o My Commission DD556418 - DATED this 24th day of OCTOBER, 2008. Y~CF f:~P Expires 05/2412010 Sarah M. fvlirus, CMC, MBA, City Clerk CITY OF LONGWOOD, FLORIDA ' Publish: November 2, 9, 16, 23, 2008 KD10 Resolution No. 08-1211 A Resolution of the City of Longwood Adopting A Corporate Resolution and Certificate of Incumbency ~l0~ll/~ SUlV 11`UST Deposit Account Resolution And Authorization For Business Entities ~ Business Entity Account Information Name CITY OF LONGWOOD Business Type PF/State Local Florida Taxpayer Identification Number Date Resolution and Authorization Adopted 11/17/2008 Account Number(s) The undersigned in Section IX or X hereby certify to SunTrust Bank (`Bank") that the above named Business Entity is organized and existing under the laws of the State of Florida and has been. registered in the manner prescribed by law and is currently in lull compliance with all requirements relating to its organization and continued existence wider applicable law. These resolutions and authorizations apply to the above referenced deposit account(s) (hereinafter "Account") currently open with the Bank and any additional Accounts opened in the future in the nanre of the Business Entity. For purposes of this resolution and authorization, Accounts will include any certificates of deposit in the name of the Business Entity. These resolutions and authorizations shall remain in full force and effect until written notice in a form acceptable to the Bank of their rescission or modification certified by the appropriate authorized individual(s) applicable to the Business Entity has been received by Bank and the Bank has had a reasonable time to act on said change. Receipt of such notice shall not at2ect any action taken by Bank prior thereto and Bank shall be held harmless from any claims, demands, expenses, loss, or danrage resulting from, or growing out of, honoring the acts or instructions of any individual so certified or authorized in these resolutions to sign by delegation of authority in accordance herewith or refusing to honor any signature not so certified or authorized. II. Authority to sign, act, give instructions, access information, use Bank's services, perform transactions, enter into agreements and delegate authority on behalf of Business Entity Resolved, that Bank be and is hereby designated a depository for the Business Entity; that any one of the individuals or entities named ur Section III below is an "Authorized Signer" and is authorized to act, give instructions, access information, use Bank's services, and perform transactions on behalf of Business Entity with respect to any Accounts of Business Entity with Bank or services provided to Business Entity by the Bank, to enter into on behalf of the Business Entity any of Bank's agreements including checking savings, certificates of deposit, wire or electronic ftmds transfer, night deposit, cash management, or other treasury management services agreements and to delegate to any other individual or entity his or her authority to act, give instructions, access information, use Bank's services, perform transactions, and enter into agreements on behalf of the Business Entity, including agreements that delegate his or her authority to other individuals or entities with respect to the Business Entity's Accounts or Bank's services; that the Business Entity shall be bound by the terms and conditions of all such agreements and Bank's Rcdes and Regulations for Deposit Accounts related thereto, all as now existing or as amended from time to time; and that any Authorized Signer named in Section III, is uthorized on behalf of this Business Entity to sign and to endorse for deposit, negotiation or collection, any and all checks, drafts, certificates of ~-deposit, savings certificates, items or other instruments or written orders for the payment of money payable by or to the order of this Business Entity. Signatures and endorsements, if any, may be in writing, by stamp, or otherwise affixed, with or without designation or signature of the person so endorsing, it being understood that all prior endorsements on such items are guaranteed by this Business Entity, regardless of the lack of an express guarantee in the endorsement of this Business Entity. Further Resolved, Bank is hereby directed to honor, pay and charge [o the Accounts of this Business Entity, without inquiry as to the circumstances of the issuance or application of the proceeds of, any checks, drafts, items or other written orders on any of this Business Entity's Accounts with Bank, whether payable to, endorsed or negotiated by or for the credit of any person signing the same or any other of the Authorized Signers named in Section III when signed by any of the Authorized Signers named in Section III. III. Officers/Owner/General Partners/Members/Managers/Governors authorized to act, give instructions, access information, use Bank's services,. perform transactions, enter into agreements, and delegate authority on behalf of the Business Entity The full name, title, and signature of each person authorized to act, give instructions, access information, use Bank's services, perform transactions, enter into agreements, and delegate his or her authority on behalf of the Business Entity as described in the resolutions set forth in this document is immediately below. [Irrstnrction: If the General Partner, Member or Manager is also an entity (e.g., a corporation, LLC, or partnership), the name of the entity is entered in the column headed "blame", applicable title of General Partrrer, Member or Manager is entered in the column headed ""title", and the name of the individual signing on behalf of that entity and individual's title or position are entered in the cohmm headed "Signature" and the individual signs directly underneath his/her nanre and title. The individual must provide a resolution on that entity reflecting the individual's authority. ] Name Title Signatu~ / f Brian D Sackett Mayor ~ ;~~fl~ ~~t~.G~f'..L~ John C. Maingot Deputy Mayor ,r~ _ Sarah 111. Minis City Clerk ,h User ID Account Number a~~~~~ r~rnn Perna ~ „e IV. Facsimile Signatures`(Complete this section only if machine or facsimile stamped signatures are to be used on items.) Further Resolved, that Bank is hereby requested, authorized and directed to honor any check, draft, item or other written order on any of this Business Entity's Accounts with Bank when bearing or purporting to bear the following authorized machine or facsimile signature of any of the above named individuals whose signatures are reproduced below, regardless of by whom or by what means the actual or purported machine or facsimile signatures may have been affixed. The Business Entity shall indemnify and hold the Bank harmless from any and all claims, expenses, asses, damages and costs, including attorneys' fees, resulting from, or growing out of the Bank's honoring the facsimile signature of any of the ''following individuals, its refusal to honor any facsimile signature of an individual not named below, or resulting from the unauthorized use of the instrument used to provide the facsimile signatures by persons other than authorized individuals. Name of Authorized Signer Listed in Section III Machine or Facsimile-Stamped Signature of Auth 'zed Signer Brian D. Sackett, Mayor John C. Maingot, Deputy Mayor ~ .F.. ~ Sarah M. Mires, City Clerk V. Additional Signatories on Business Entity's Accounts Further resolved, the following individual(s) are authorized. as additional signatori s ~Ig~,.~id orse ~ collection any checks, drafts, or other instruments or written orders for the payment of money payable to the order of the Business ntity an to sign checks, drafts, items or other written orders, and initiate wire or funds transfers and execute Bank's Funds Transfer Authorization wire request and disclosure form on any of the Business Entity's -Accounts with Bank. [Instruction: ff an additional signatory is not .authorized to sign on all Accounts, specify the Account Number applicable to the signatory as indicated below.] Refer to the Signature Card(s) on the Account(s) for signatures of the Additional Signatories. Additional Signatory's Name Position with Entity Specific Deposit Account Number(s) Applicable to Signatory (Complete only if signatory is not authorized on all accounts) VI. Qualification Certification for Public Fund, Organization, Political Organization, Homeowners and Condominium Owners Association or Corporation Not Operated for Profit to earn interest on a checking account (NOW Account) Mark this section with an "X" o~ if Business Entity is eligible to earn interest on a checking account. ? UWe further certify that the above named Business Entity is eligible to earn interest on a checking account (referred to as a Negotiable Order of Withdrawal or NOW Account) in compliance with Regulation D of the Federal Reserve Act (12CFR 204) as a Public Fund or a Non-Profit Organization that is operated primarily for Religious, Philanthropic; Charitable, Educational, Political or other similar purposes under one of the following sections: Organization -Section. 501 (C) (3) through (1`3), and (19) of the Internal Revenue Code (26 USC (1RC 1954) 501 (C) (3) - (13) and (19): Political Organization -Section 527 of the Internal Revenue Code (26 USC (IRC 1954) 527). ' Homeowners and Condominium Owners Associations -Section 528 of the Intemal Revenue Code (26 USC (IRC 1.954) 528). VII. Power to Act The undersigned certifies that there are no limits to the undersigned's powers to adopt this Authorization and to attest that the resolutions stated herein are accurate and that this Deposit Account Resolution and Authorization is in conformity with the provisions of the organizational instruments, which include the Business Entity's charter, bylaws, operating agreement,, partnership agreement, shareholders' agreement or similar agreements by which the Business Entity or the undersigned party may be bound and does not. violate the provisions thereof. VIII. Prior Acts All previous acts of or on behalf of the Business Entity as provided for above are hereby approv_ed•and ratified. IX. Certification -Corporation or Professional Corporation ~ - I, the undersigned, hereby certify to Bank that the above is a true copy of resolutions and authorizations-of said Business Entity and that such resolutions and authorizations are in full force. and effect and have not been amen or rescinded. - - In witness whereof, I have hereunto subscribed my name andaffixed seal o e Corpor tion this 1Th y,of November,`2008 (Affix Seal here, if available) ~ ' - Authorized Signature Sarah M. Mires, City Clerk Name and Title of President, Secretary, Assistant Secretary or Other Officer as designated in the.. Corporation's Bylaws User ID Account Number r,Ft ~ r~rrcn aa„A ~ „r I X. Certification -Limited Liability Company, Partnership, Public Fund, Sole Proprietorship, Unincorporated Organization or Association, or Other Entity UWe, the undersigned, hereby certify to Bank that the above is a true copy of resolutions and authorizations of said Business Entity and that such resolutions are in full force and effect and have:,not been amended or rescinded. [Instruction: If the General Partner, Member or Manager is also an entity (e.g., a corporation, LLC, or partnership), the name of the enfity and the word "By" are entered in the column headed "Signature"; the ~dividual signing. on behalf of that entity signs directly below the name of the entity; and the name of the individual and individual's title or position ~,ue entered in the column headed "Title". The individual must provide a resolution on that entity reflecting the individual's authority.] Signature ~ Name and Title Date C7.~~t~= % ~ Brian D. Sackett, Mayor 11/1.7/08 ~ John C Maingot, Deputy Mayor 11/1.7/08 Sarah M Mirus, City Clerk 11/]7/08 Signahre Requirement instructions: The following signatures are required to complete and certify the Deposit Account Resolution and Authorization to be correct: - Corporations: Corporate Officers authorized to act on behalf of the corporation named in Section III should include the President and Secretary and any other applicable corporate officers, sucfi as Vice President or Treasurer. The President, Secretary, Assistant Secretary, or other corporate officer as designated in the bylaws of the corporation is required to certi the Deposit Account Resolution and Authorization under Section IX. -Limited Liability Companies: Section III and X require the signatures of all membersJmanagers/board members, unless the Operating Agreement authorizes one or more members/managers board members to conduct banking business, in which case the signatures of all such authorized members/managers/board members are soft-icien~. Public Fund Entities: SectionIlI requires the signatures of individuals authorized to sign on behalf of the Public Fund Entity as designated by'the ,overning unit, e.g:, Board of County Commissioners, Mayor, Secretary of State, etc. The individual(s) authorized to represent the governing unit rs required to certify the Deposit Account Resolution and A thorization under Section X. -Partnerships: Section II1 and X require the signatures of all General Partners, unless the Partnership Agreement designates one or more partners to conduct banking business and perform banking transactions In such cases, the designated general partner(s) are named in Section III as the General Partners authorized to act on behalf of the entity and these same General Partners will certify the Deposit Account Resolution and Authorization tinder Section X. -Sole Proprietorships: Section III acrd X require'the signature of the proprietor (owner) or in the case of a spousal proprietorship, the signatures of the husband and wife who own the Business Entity. -Unincorporated Organizations or Associations: Section III requires the signatures of the Officers or Positions designated in the Organization or Association's bylaws or charter as authorized to act on behalf of the organization or association. The President or°Secretary of the organization or association (or other individual designated to do; so) is required to certify the Deposit Account Resolution and Authorization under Section X. Bank Use Only Prepared By Phone Number Center Name ~ Center Number Account Number(s) ~ Verification Method User ID Account Number a~FF~~ ~~inT va,:A ~ „f a p~ih~~ SU1V 11(v~7' Business Account Signature Card Account Title CITY ®F LONGWOOD Region CONTROLLED DISBURSEMENT ACCT Account Number Type ofOrganization Municipality ~ Verification/Tax Identification No. Authorized Signature(s) ~ R Signature 1 c ?b'/7~~j Name/Title Brian D. Sackett/Mayor V Signature 2 Namelritle John C MaingoUDeputy. Mayor Signature 3 NameTtle Sarah MMirus /City Clerk Signature 4 `.J~~ ~A~ ~ ~~^r ~C/ Vl~ Namelritle Facsimile Brian D. SacketUMayor Signature 5 Name>Ttle Facsimile, John C. MaingoU~Deputy"Mayor Signature 8 Name/Title Facsimile Sarah M. Mirus/ City Glerk Date Opened t-- ~ Date R ised Reason Center Officer Number ID Work Phone ~ `~By,/, ? New ? Replacement Change SSunTrust Bank ("Bank") It is agreed that all transactions between the Bank and the entity listed in the above Account Title ("Depositor") shall be governed by the rules and )`~gulations for this account and the above signed• as the authorized agent(s) of the Depositor hereby acknowledge(s) receipt of such rules and ~..egulations and the funds availability policy. The Depositor also acknowledges the funds availability policy has been explained. Check Appropriate Box: ? Individual /Sole Proprietor ? Corporation ? Partnership ? Limited Liability Company Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ? Other (See Instructions.) ? Exempt payee r Certification-Under penalties of perjury, 1, as authorized agent of the Depositor certifyYhat: 1) is the correct taxpayer identification number for the Depositor (or the Depositor is wading for a number to be issued), and 2) The Depositor is not subject to backup withholding because: (a) the Depositor is exempt from backup withholding, or (b) the Depositor has not been notified by the Internal Revenue Service (IRS) that d is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding, and 3) The depositor is a U.S. citizen or other U.S. person (defined in the instructions). Certification Instructions. You must cross out item 2 above if the depositor has been notified by the IRS that the depositor is currently subject to backup withholding because the depositor has failed t/o r'epo~,rt~all interest and dividends on the depositor's tax return. Signature of _ u.s. Person ~ Date 11/17/08 630306(1/08) Page 1 of 1 ,lll~l~~ S~ZjJ~'r Business Account Signature Card Account Title CITY O'~ LONGWOOD Region. PAYROLL FUND Account Number Type of Organization Munici ality \ Verificatiohfrax-Identification No. Authorized Signature(s) ~}I,~ 1 ~f Signature 1 _ 1~.~`~' I Name/Title BriarrD Sackett! Mayor Signature 2 Namelritle John C MaingoU Deputy Mayor - Signature 3 NameTtle Sarah M Mirus fCity Clerk C Signature 4 ~ d~ ~ ~ ~ ~ Nameffitle Facsimile Brian D SacketU Mavor Signature 5 ~ NamelTiffe Facsimile John C MaingoU Deputy Mayor Signature 6 Name/Title Facsimile Sarah M Mirus/Facsimile Sarah M Mirus/ Ci~Clerk .f DateOpened DateRevised - ~.~.iv~ Reason Center Officer Number ID Work Phone `7BY~~' ? New ? Replacement (j~Change S/unT_rust Bank ("Bank") Jt is agreed that all transactions between the Bank and the entity listed in the above Account Title ("Depositor") shall be governed by the rules and ~gulations for this account and the above signed: as the authorized agent(s) of the Depositor hereby acknowledge(s) receipt of such rules and regulations and the funds availability policy. The Depositor also acknowledges the funds availability policy has been explained. Check Appropriate Box: ? Individual /Sole Proprietor ? Corporation ? Partnership ? Limited Liability Company Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ? Other (See Instructions.) ? Exempt payee Certification-Under penalties of perjury, I, as authorized agent of the Depositor certify that: is the correct taxpayer identification number for the Depositor (or the Depostor is waiting for a number to be issued), and 2) The Depositor is not subject to backup withholding because: (a) the Depositor is exempt from backup withholding, or (b) the Depositor has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding, and 3) The depositor is a U.S. citizen or other U;S. person (defined in the instructions). Certification Instructions. You must cross out item 2 above if the depositor has been notified by the IRS that the depositor is currently subject to backup withholding because.the depositor has fai?ed to report all interest and dividends on the depositor's tax return. Signature of ~ ~ Date 11/17/08 U.S. Person Ls Page 1 of 1 630306 (1/08) ~(~I~~~ SvnfI~tvsz' Business Account Signature Card Account Title CITY OF LONGWOOD Region Pool_eo Furu~s Account Number Typeof Organization Municipality Verification/Tax Identification~No. Authorized Signature(s) ^ ~ Signature 1 ~ Namelritle Brian D. Sackett/Mayor Signature 2 Name/ritle Jobn C. MaingoU Deputy.Mayor r Signature 3 Namelritle Sarah M. Mirus /City Clerk Signature 4 VL( -~/`~JE~..•• ~ n Name/Title Facsimile Brian D. SacketV.Mayor Signature 5 ? Name/Ttle Facsimile ,John C. MaingoU Deputy Mayor Signature 6 Name/ritle Facsimile ,Sarah M..Mirus/City Clerk Date Opehed ~ D e R iSed - Reason Center Officer Number ID Work Phone By ? New ? Replacemerit ~hange SunTrust Bank ("Bank") --•It is agreed that all transactions between the Bank and the entity listed in the above Account Title ("Depositor") shall be governed by the rules and ` ~gulations for this account and the above signed as the authorized agent(s) of the Depositor hereby acknowledge(s) receipt of such rules and regulations and the funds availability policy. The Depositor also acknowledges the"funds availability policy has been explained. Check Appropriate Box: ? Individual /Sole Proprietor ? Corporation ? Partnership ? Limited Liability Company Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ? Other (See Instructions.) ? Exempt payee Certification-Under penalties of perjury, I, as authorized agent of the Depositor certify that: 1) is the correct taxpayer identification number for the Depositor (or the Depositor is waiting for a number to be issued), and 2) The Depositor is not subject to backup withholding because: (a) the Depositor is exempt from backup withholding, or (b) the Depositor has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding, and 3) The depositor is a U.S. citizen or other U.$. person (defined in the instructions). Certification Instructions. You must cross out item 2 above if the depositor has been notified by the IRS that the depositor is currently subject to backup withholding because the depositor has failed to report all interest and dividends on the depositor's tax return. Signature of - U.S. Person ` ~G• Date 11/17/08 630306 (1108) Page 1 of 1