Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-695 THE BOARD OF SUPERVISORS OF CONTRACOSTA COUNTY, CALIFORNIA' Adopted this Resolution on October 25, 2005 by the following vote: AYES: Gioia,Piepho,DeSauinier,'Glover, and Uilkema NOES: None ABSENT: None ABSTAIN: None RES )tU` ` ON O2i111 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08927, being developed by 'Windernere -- BLC 'Land'Company, LLC, 'San Ramon(Dougherty'Valley)'area. (District III) The following document was presented for Board approval this date for Subdivision 05- 08927, located in the San Ramon(Dougherty Valley) area. A'Subdivision'Agreement '(Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, 'whereby said developer'agrees to complete all improvements as required in said Subdivision Agreement(Right of Way Landscaping)within two year(s) from the date of said agreement'. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,200.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 448563 July 25, 2005 EH:rm I hereby certify that this is a true,and correct copy of an o:\c,.pData\EngSvc\Bo�2005\10-25\sn ds-09927 Bo-16.aoc action taken and entered on the minutes of the Board of Originator: Put4ic Works(ES) Contact. Teri Rie(313-2363) Supervisors"on the date shown. cc: Public Works- T.Bell,:Construction Current Planning,Community Development /J�,.'�` e 71 T-3uly 13,2007(P1) ATTESTED: 67674P � •� windetnere BLC Land company,LLC JOHN SWEETEN; Clerk of the Board of Supervisors and 6121 Bollinger Canyon Road,Ste 540 San Ramon!,CA 94583 County Administrator Attn:B.Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203B Deputy Attn:Rhonda C.Abel y —, RESOLUTION NO.2005/ � SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08927, being developed by Windemere $LC Land Company, LLC, San Ramon(Dougherty Valley),area. (District III) DATE: October 25, 2005 PAGE: 2 II. Surety Band Bond Company: Fidelity and Deposit Company of Maryland Band Number and Date: 08745437 July 11, 2005 Performance Amount: $123,400.00 Labor&Materials Amount: $62,300.00 Principal: Windemere BLC Land Company,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Warks Department: SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SUB 05-018927 Effective Gate: Y-Z Subdivider: _Winderoere BLC Land Comoan Ly. LC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO` WINDBMERE BLC LAND COMPANY,LLC A California limited liability company CONTRA C(JSTA COUNTYSUBDIVIDER:By'LEN-OBS Windemere,LLC, 'UBD' —D—A Delaware limited liability company Maurice M.Shiu, Public Works Director Managing Member By: nnar Hames of C forma,Inc., an 'ng a bar � By: (sgnat f [? (print name&title}; au Menaker,AsT-1 cretary RECOMMENDED FOR APPROVAL: By: ; w (signature) ' Engineering Services ivi fon; (printname& ide)Don Larson,Vice President FORM APPROVED:. Victor J.Wastman, County Counsel (NOTE:AN signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&l7AT)=. Effective on the above date,the City of County of Contra Costa,Calffornla,hereinafter called"Coun and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdlvision: . IMPRM}VEMENTS. subdivider agrees to install certain road improvements(both pubilc and private),drainage improvements, signs, street lights, fire hydraints, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Warks Department and in conformance with the Contra Costa'County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completionperiod from date hereof as required by the Callfornia,Subdivislon Map act(Government Code6841#1 end following),g),in a good workmanlike manner,in accordance with accepted construction'practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement pians and the County Ordinance Code, tits stricter requirements shall govern. 3. IMPRLpUI=I#rIEINT SECURITY. Upon executing this Agreement;the Subdivider shall,pursuant to Government Code§86499,and the County Ordinance Code,provide as security to the County. A. For Performance and Guarantee• $_ 1.200.00 cash, plus additional securl ,In the amount of 0 f which together;total one hundred percent(100oTa)of the estimated co-st.,of the work. Such additi cna security is presented in the farm_$ 123.4flfl.00 Cash;certified check or cashiers check. X'' Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavrn6%:'Securfty in the amount of$ 62,3 0400 work. Such securitywhich is fifty percent(50%)of the estimated cast of the is In the form of Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdtviderguarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon-acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code: 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily far a period of one-year from and afterthe Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be acceptedinto the County road system., 5. PLANT ESTABLISHMENT WORK. 'Subdivider agrees to perform establishment work for landscaping Installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed fora period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids maybe released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2'and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement pians prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or anypart of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A. The Indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,';agents,and employees'. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee'o#one or more of them; D. Non-Conditions. The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,'or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partiyform any negligent orwill#ul misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: if Subdivider falls to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to compete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and Its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. {ince action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even If Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County In connection"therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall°allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kwlap GNGrpDateEng5vclFomrs\AG WORMAG-30A:doc Rev.May 18,2001 :: ,:. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 8,2005 before me Karen L.Keenan,NotarX Public,personally appeared Dan Larson&Paul J. Menaker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. `KAgN L.KIrEf�AN Corti Ism#137M7 Notal Pubjk- -Cdlf,6r to . Si store ofNot Public Cex►tres Croats County "COMM- Oct 7 20CJ6 OfffCE OFCt5NTY a4't [ i i-CONTROLLEW TO Ti#TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ( I`_"777, CRtGANIZAT*N NUMBER �� (For Cash Collection Procedures see County AdrninistmWs Bustin 105.) DESCRIPTION PUN3/0RG ACCT TASK OrPTIO ACTIVITY ;,AMOUNT $ I # r. .1t F` iZf JE A=3 I I I I I I I f I I I I .. 6 a Li 4 r t £ t 'f € I I I f A I I wit I 9 11 EXPLANAMON: r F TOTAL $ I n~ DEPOSIT "" I t x,r Deposit consists of tfw Wlawltg Item t '$ COIN and CURRENCY # {, CHECKS,MO ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE 5' N. ASSIGNED The amount of money deskcnled above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Signed Ined Title - EX7. r— Deputy County Auc*w Signed: Deputy County Treasurer ( f 34 REV.(7-43) C. DEPOSIrAwl OFFICE OF COLIWY AU TOR-CONTROL LER . ., MARTMZ,CALIFORNIA TO THE Y46MRER: , RECEIV'EI7 FRObA ORGANZATIONNUMBEIiiL tom) {For Cash Cd6dion Procedures see County Arbninisirator's Bulletin IDS.) FUND/OR{'z �' TASK OPTION ACTfVtTY AMOUNT DESCRIPTION ACCT. $ ILL - i i i i i i i I l i L.. 1 t i I' I i I I i . i ° i i Ir ' EXPLANATION: TOTAL I DEPO5iT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,MD,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP " -.: NUMBER DATE ' 7' ASSIGNED The amountof money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury." acknowtedd oil— d f Dote L—L.1— Signed: - d, r,. _r' Signed Tule f EXT Deputy County Auditor Deputy County Treasurer a 34 REV.(7-93) 0649.9665 1 11230 0, C11613�i9, 1.4 .00, Drainage Permit 409-fly, Cash Deposit, Oskar 6. Sundstrom, 5316 Sobrante'Ave., El Sobrante, CA 94803 0649-9665 / 112300, 61151390, $5001. , FS 3024, Record of Survey Deposit, Carlson Barbee & Gibson, Inc., 6131 Bollinger Canyon Rd.,#150, San Ramon,CA 94583 819800-0800, G1161371, $1 }-00, RA05-01198, Performance Cash 8ond, Windemere KC Land Company, LLC, 6121 8oliinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161375 $2 .8t .00.RA-04-01174, Performance Cash Bond,' Windemere l BLC Land Company, LLC, 6121 Bollinger Canyon'Rd., Suite 500, San Ramon,CA 94553 819800-0800, 61161377,$-3,-8-00.00, RA 04-01174, Performance Cash Bond, Windemere' KC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA.94583 819800-0800, 61161379 $ 200.03_0, Sub '05-08927, , Performance Cash Band,', Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 63161381, $1.200.00, Sub 05-08928, Perf ormance' Cash Bond, , Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd.,';Suite 500, San Ramon, CA 94583 819800-0800, 61161383, $1.700.00, Sub 05-08929, Performance Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 800, San Ramon, CA 94583 0648-9140' 1 112200: 62188818, City of Brentwood, 708 Third St Brentwood, CA $76.911.60, &W DA 105 S.R. $155.763.40, BW DA 104S.R. 0649-9665 / 112300, 61163370, $9 kOO.00, RA 05-01198, Road Acceptance Inspection 'Fee Deposit, Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd.,'Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161373,$119,50 .00, RA 04-01174, Road Acceptance Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665' / 112300, G1161376, $20,500.00, RA 04-01174, Landscape Improvement Inspection Fee, Windemere' BLC Land Company,: LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665' / 112300, G1161378,$9,,100.00, Sub 0 -08927, Landscape Improvement Inspection Fee, Windemere BLC Land' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300, G1161380, $8.800.00, Sub 05-0898 Landscape Improvement Inspection Fee, Windermere RLC Land Company, LLC, 6121' Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665" / 112300, G1161382,$11,000.00, Sub 05--08929 Landscape Improvement Inspection Fee, Windemere BLC Land' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161384, $9,778.00, RA 05-01193, Road' Improvement Plan Review, Shapell Industries of Northern California, A' Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA; 95035 0649-9665' / 112300, 61161385, $9,658.00, Sr) 78-04990, Inspection Deposit, Mariner Estates, LLC, 222 Rush Landing Rd., Novato, CA 94945 EXECUTED IN DUPLICATE Subdivision. SUB 05-48927 Bond No.; _ 08745}3,7 Preinium:$1,172.00 1iv1P1 OVEMENT SECUIUTY BOND FOR PUBLIC RICHT OF W—AY LANDSCAPE AGRlrEWNT {Perforrnahce,Guarantee,and Payment} (California Government Code Sections 66462 and.66463) 1. REC1 F Sy801vtsra» A,GRjtEM_XNTt The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other relaxed improver eatsin Subdivision 05-08927 as specified in the Subdivision Agreement(Ritght of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping, all in accordance with State and 'local laws and rulings thereunder in order to satisfy conditions for filing of the fiinal Map or Parcel Map for said Subdivision. 2. aRLAGA•r Otv: ere-BLC Land Cc mpaLLQ Principal, d Fidelity and Deposit Company of Maryland ,a corporation organized existing under the laws ofthe State of Maryland , and authorized to transact surery business in California, as Surety, hereby jointly and severally bind',ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Otte Hundred Twenty Three Thousand Four Hundred and 001100 D�ilars($ 123.4010.00 }for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment; Sixth wo T c usand ih rem Hundred and 001100 Dollars($ 62,300.00 to secure the claims to which reference is trade in Title XV(commencing with Section 3082)of Fan 4 of Division III of the Civil Code of the State of California. 3. CoNgb)Tr�UN: A. The Condition of this obligation as to Section 2.(A) above is such:,that if the above bounded Principal,his or its hairs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform-.the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its par,to be kept and performed at the time:end in the mangier therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County Of Contra'Costa,for city assi6mec),its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect: As part of the obligation secured hereby and in addition to the We amount specified therefore,there shall be:included costs and reasonable expenses and fees, including reasonable attorney's fees, h==ed;by County(or city assignee) in successfully enforcing such obligation, all to be taxed ars costs and included in anyjudgement rendered. B. The condition_of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate.surety are held firmly'bound'unto the.County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed.in the performance of the aforesaid ageement and referred to in the aforesaid Civil Code for materials famished or labor Thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, andalso in case suit is brought upon this band, will pay,in addition to the fact amount thereof; casts and reasonable expenses:-and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court, andlo be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 ofDivision 3 of'the Civil Code,so'as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this band be fully performed then this obligation shall become null and void,' otherwise it shall be and remain in full force and effect. C No alteration of said subdivision agreement or any plait or specification of said work agreed to by the Principal and the County shall relieve any'Surery from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety,and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard_ to and independently of any action against Principal whenever taken': StGNIED AND SEALED on July 11 2005 PRINCIPAL: See Attached far Signature Block SURETY: Fidelity and Deposit Company of ary and' Address: 5121 Bollins;er Canyon Rd. , Ste. 00 Address: 801N. Brand Blvd. , Penthouse Suite City: San Ramon Zip: 94583 City_ Glendale Zig: 91203 Print Name: Print Name: Rhonda C. Abel Title: Title: Attorney-In—Fact MAW tPWSItSM.tiRDA7�+GpDu�rSatiF,.m+aBN WORUsUN-t2A.aoa rrr rpt WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.;a California Corporation,its Managing MAKnber By: f L41'1—— Greg 1,' ce President By: ,�. Cindy Thompson ssistant Secre I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 20105 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Cindy Thomoson, personally known to me to be the persons' whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument: Witness my hand and official seal. n;NAPRENI�Y Commissio n# 1453610 l / < . tyotary PubNc-Cglftomia orange County My Comm.Expires Nov 28.2007 OPTIONAL 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 SIGNER IS REPRESENTING: Greg Pomi—Vice President Lennar Homes of California Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond leo. 08745437: Dumber of Pages: Three (3) Date of Document: July 11, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before me Rosa Estela Rivas,rotary Public DATE NAME,TITLE OF OFFICER'-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared' Rhonda C.Abel , NAME(S)OF SIGNER(S) ® personally known to me -OR' E j 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 samein his/her/their authorized capacity(ies), and that by his/herttheir signature(s);on the instrument the person(s), or the entity upon _.. RC��`�A srSTELA R{UAS behalf of which the person(s) acted, executed the instrument. ... G()jAtr1.##1447661 0 NOTARY PUBLIC CALIFORNIA ro- C�FRANGE COUNTY WITNESS my hand and official seal. 4 iv COMM,expire Oct.c8,2097 t' t5> � SIGNATURE OF NOTARY OPTIONAL 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE'OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES- ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(]ES) SIGNER(S)`OTHER THAN NAMED ABOVE S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184.Canoga Park,CA 91309-7184 ftwer cy#Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN:BY.THESE PRISENT :That the F1T3L1 TY ANTS DEP( SfT CC3MPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and L.L.GOUCHER,Assistant Secretary,in pursuance of authority granted by Article Vi,Section 2,of the By-Laws of said Company,w j;, set forth.on the reverse side hereof and are hereby certified to be in full force and effect on the date hereo d s rate,constitute and appoint Rhonda C.ABEL,of Irvine,California, ,its true;and lawful a - ke,execute,seal and deliver,for,and on its behalf as surety,and.as its act and dee s ° ,and the execution of such bonds or undertakings in pursuance of these r m ' ny,as fully and amply,to all intents and purposes;as if they had been ac k larly elected officers of the Company at its office in Baltimore,Md.,in p rs © attorney revokes that issued on behalf of Rhonda C. ABEL,dated Sept The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,ofthe By- y,and is now in force. IlI WITNESS ( F, the said Vice President and Assistant Secretary have hereunto;subscribed their names and affixed the Corporate Seal of the said FIDELITY'AND DEPOSIT COMPANY OF MARYLAND, this 19th day of Marek, 1 A.D.'2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND UP p��r z ,fir * By: L.'L. Goucher Assistant Secretary Paul C .Rogers Vice President State of Maryland SS: City of Baltimore On this 19th day of March, A.D. '2003, before the subscriber, a Notary Public of the State of Maryland, duly coninussioned and qualified, came PAUL C. ROGERS Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY'AND DEPOSIT COMPANY OF MARYLAND, to me personally kno" to be the individuals and officers described in an&who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly,sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal' and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above' written. 8 &aAA- Sandra Lynn Money Notary Public My Commission Expires: January 1,2004 POA-F D12-50250 ........................................... ..........-.......................... __.......... ............ .............. .............. ................ ......... ............ EXTRACT FROM BY-LAWS OFFIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the ti nt Preside , or any Executive Vice-President, or any of the Senior Vice-Presidetts or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Conunittee, shall have power,by and with the concurrence of the.Secretary or any one of the Assistant Secretaries to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking recognizances, stipulations, policies, contracts, agreementsi deeds, and releases and assignments of judgements,decrees mortgages and instruments in the nature of mortgages,...and to affix the seal of the.Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate,and:I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificateng may be signed by facsimile under and by authority of the followiIresolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy ofany power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 11th day of., July 2005 Assistant Secretary 0 0 P: R RM ZURICH THISIMPORTANT DISCLOLURE NOTICE'IS PAR'S OF YDUMONI) Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and LiabilityInsurance Company are making the following informational disclosures'in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The,premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived^. This amount is reflected in the total premium for this bond: Disclosure of Availability of Coverag for Terrorism Lasses As required by the Terrorism Risk Insurance Art of 2002,we have made available to you coverage for losses'resulting from acts of terrorism,(as defined in the Act)with terms, amounts,and Iitxzit2Gtions that do not differ rnatezzally as triose for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Com aR 's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the'United States,government will share in insurance company losses resulting from acts of terrorism.(as defined in the Act)after'a insurance company has paid losses in excess of an annual aggregate deductible. ror 2002,the insurance company deductible is I oda of direct earned premium in the prior year;for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned prernium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism;surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar'year. 2efinition of.,pct of Terrflrisut The Terrorism Risk Insurance Act defines "act of tworism"as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General;ofthe United States` I. to be an act of terrorism,,' 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an sir carrier (as defined in section 40102 of title 49,United'17 States Code)or a United'States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of'a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or i influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an,act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation) or property and casualty insurance losses resultirng from the act, in the aggregate,do not exceed$5,000,000 These'disclosures are informational ornly and;do not modify your'bond or affect your rights under-the bond. Copyright Zurich American Insumnce Company 2003