HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-696 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 25,2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES': None
ABSENT: None
ABSTAIN- None
lEsI�UTON .
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
05-08928, being developed by Windermere IBLC Land Company, LLC, San
Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Subdivision 05-
08928, 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 years 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`
LT:rm I hereby certify that this is a true and correct copy of an
G:1GrpData\Engsvc\80\2005110-25\SD 05-08928 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T—July 13,2047(PI) ATTESTED:' s.i/�• -Y '��' a�i+d"t -
Windemere BLC Land Company,LLC
6121 Ballinger Canyon Road,Ste 500 JOHN SWEETEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Attn:Lawrence H.Thompson
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Rachelle Rheault By Deputy
RESOLUTION NO.20051 ��
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
05-08928, being developed by Windemere BLC Land Company, LLC, San
Ramon(Dougherty Valley) area. (District III)
DATE: October 25,2005
PAGE: 2
II'. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08821652 July 13,2005
Performance Amount: $117,300.00
Labor&Materials Amount: $59,250.00
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 Works Department.
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66465)
Subdivision: SUB 05-08928 Effective Date: 71
Subdivider:` Windemere SLC Land Com,papy, LLC Completion!Period- 2 year
THESE SIGNATURES ATTEST TOTHE PARTIES'AGREEMf=NT HERETO: WiNDEMERE BLC LAND COMPANY,LLC
,A California limited liability company
By:LEN-OBS Windemere,LLC, ,
CONTRA COSTA COUNTY SUBDIVIDEFL' .Delaware limited liability company
Man ing Member
Maurice M. Shiu, Public Works Director nar Homes of CWifornia,Inc,
M er
(signaturs ''c '
By. (print name&t' e)p ul maker, ss secretary
RECOMMENDED FOR APPROVAL:
(signature) r4f
By: (print name&title)Don Larson,Vice President
Engineering Services Di i ion
FORM'APPROVED: Victor J.Westman,County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must'conform with the designated representative groups
pursuant to Corporations Code§313,)
1. PA 31LE5&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup "and the
above-mentioned Subdlvider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS Subdivider agrees to Install certain road improvements(both public and private), drainage Improvements,
signs, street fights, fire hydrants, 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 Works Depattrnertt and in conformance
with the Contra'Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete saki work and Improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in'a good workmanlike manner,in
accordance with accepted construction practices and in a manner equator superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requirements shall.govern.
3. IIuIPR IVEMENT SECURITY.Upon executing this Agreementjhe Subdividershall,pursuantto'Government Code§66499,and
the County Ordinance Code,. as security to the,County:?.
A. For Performance and uarantee $ 1200.00 cash, plus additional security,in the amount of $ 117.300.go
which together total one hundred percent(100°l0)of the'estimated cost of the work. Such additional security is presented in the forret of:
Cash,certified check or cashiers check.
_2L 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 Payrnent, Security fn the amount of$ 59.25(1.00 ,which is fifty percent(50°l0)of the estimated cost of the
work. Such security is presented 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 Subdivider guarantees 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 shail'be free from defects in material or
workmarf ship and shall perform satisfactorily for a periodofone-year from and after the 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 accepted into 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 Warks Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County, bids may released after final acceptance of landscaping improvementsby 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 anytime before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any.
respect,Subdivider shalt 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 any part 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 indemnittes 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 anysuit(s),action(s),'or other proceeding(s)concerning
said liabilities and claims.
C. The actions causinci liabillty are any act or 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 of 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 partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the,costs of the work,including inspections thereof and relocating existing utitities
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 fells to maintain the work,the County may proceed to complete'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.
Once 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/ANNEXATi ON. 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 anydePosit,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,whoshallfulfill 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
Gt1GrpC)aJaXEnpsvcToi nsXAG WORMAG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT
Mate of California
County of Contra Costa
On Jul8.2005 before me Karen L.Keenan,Notary Public.personally appeared
Don Larson&Paul 3. 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 lbehalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
KAHN L, KEENAN
Commlrrn t 378827
Notary PUbk -CCOOM10
Contra Costo county
sign tote of No Public My Comm.E t7.2006
.... .....................
DJIPAIWTI '
OFFICE OF. OL AtJMOR-CONTRC)LIER
MARTINEZ CALIFORNIA
T6 THE TREASURER:
ZtCEMDFROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION ACCT
RJND/ORG SU" TASK OPTION ACTIVITY AMOUNT
,
$ t .
t -L-
611
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:: 1' 5r } t I 3:�
A'L I I L LA
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EXPLANATION: TOTAL
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS.M.O.,ETC. $
BANK DEPOSITS $
FOR.AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE 4k
ASSIGNED
The amount of money described above is for lreasurer*s receipt of above amount is approved. Receipt of above amount is hereby
deposit into the,County Treasury. acknowledged.
Ar, Date
Sign
hor Signed: Deputy County Treasurer
Title EXT. Deputy County Audi
-34 REV.(7-93)
r
PERM T i V4
Ff
7u.""7 OFFICE Of COUNTY AUDITOR-CONTROLLER .
'' - MARTINEZ,CALIFORNIA
TO THE'FR lSURER:
RECEIVED PROD '
ORGANIZATION NUMBER,,'.
tt�rgor�imHary
(For Cash Collection Procedures see County Administrator's Bulletin 305.)
DESCRIPTION FUND/ORGY SU& TASK OPTiON ACTNtTY AMOUNT
ACCT.
$ f
I lit
1
I
I _
t
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EXPLANATION: TOTAL $
DEPOSIT
Deposit consists of the following iterns
COIN and CURRENCY $
CHECKS,MA ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
'NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amountis hereby
deposit into the County Treasury, acknowledged
S3nedx t f t ' Date
Signed. `" ' Signed:
Title i )±X L' > .. Deputy County Auailor Deputy County Treasurer
%-34 REV.(7-93)
f
0649-9665 /! 112300, 61161389, $1.400.00, Drainage Permit 409-05, Cash
Deposit', Oskar G. Sundstrom, 5326 Sobrante Ave., El Sobrante, CA 94803
0649-9665 / 112300, 61161390, $500.030, P'S 3024, Record of Survey
Deposit, Carlson Barbee & Gibson,',Inc., 6111 Ballinger Canyon Rd., x#154, Sun
Ramon, CA 94583
819800-0800, 61161371, $11.0 .00 RA 05-01198; Performance Cash
Bend, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
5030, San Ramon, CA 94583
819800-0800, G1161375 $25.8Q%00, A-04-01174, Performance Cash Bond,
Windemere IBLC Lund Company, LLC, 6121 Ballinger Canyon Rd., Suite 500,,
San Ramon, CA 94583
819800-0800, 6116137;7, $3.800.010, RA 04-01174, Performance Cash Bond,
Windermere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-0800, G1161379 $1.200.00, Sub 05-08927, , Performance Cash
Band, Windemere BLC Lane! Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583
819800-0800, G1161381, $1.200.00, Sub 05-08928, Performance Cash
Bond,,, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon,;CA 94583
819800-0800, 61161383, $1.700.00, Sub 05-08929, Performance Cash
Band, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583'°
0648-9140 / 112200: 61188818, City of Brentwood, 708 Third St.
Brentwood, CA
76.911.60, BW DA 105 S.R.
$155.763.44, BW DA 104 S.R.
0649-9665 / 112300, 01161370, $9.6UU.44, RA 05-01198, Road Acceptance
Inspection Fee Deposit, Windemere RLC Land Company, LLC, 5121 Bollinger
Canyon Rd., Suite 500, San Ramon,;CA 94583
0649-9665 i 112300, 61161373,$119.500.0Q, 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, 61161376, $20.540.00, RA 04-01174, ;Landscape'
Improvement Inspection Fee, Windemere 'BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Shite 530, San Ramon, CA 94583
0649-9665 / 112300, 61161378,$9.100.00, Sub 05-08927, Landscape
Improvement Inspection Fee, Windemere BLC Land' Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665` / 112300, 61161380, $8,800- , Sub 05-0898 Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112304, 61161382,$11,000.00, Sub 015-08929 Landscape
Improvement Inspection Fee, Windemere' RLC Land Company,> LLC, 6121
Ballinger Canyon!Rd., Suite 500, San Ramon,CA 94583
0649-9665 / 112300, 61161384, $9.778.40, RA 05-01193, Road
Improvement Pian Review,' Shapell Industries of Northern California, A
Division of. Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA
95035
0649=9665 / 112300, G1161385, $9.658.40, SD 78-04990, Inspection
Deposit, Mariner Estates, LLC, 222 Rush Landing Rd., Novato, CA 94945
EXECUTED IN DUPLICATE'
Subdivision: SUB 05-08928
Bodd No. 08821652
Premium:$1,114.00
IMPROVEMENT SECURITY BOND
]Folt PUBLIC PJrHT OF WAY LANDSCAPE AG. BMffNr!'
(performance,Guarantee,and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL;OF SuB01ViS10N AGREF-MENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision
05-08928 as specified in the Subdivision Agreement (fight of Way.Landscaping), and to
complete'said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final Map or Parcel Map for said Subdivision.
2. 013LIC.,&TION• Windemere >3LC Land Company ],L.0 _,asPrincipal,and
F-1delity a d Dego_ed t Company of.Maryland _ _,a corporation organized existing under the
laws of the State of Has•x and and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors,and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee. Thousand Three H=dred and 00/100
Dollars($ 117,300.00 )for itself or any city assignee under the above County Subdivision
Agreement,plus
B. Payment: Fifty Nine Thousand Two Hundred Fifty and UO/100 Dollars($ 59.250.00' }
to secure the claims to which reference is made in Title XV(commencing with Section 3082)ofPart
4 of Division III of the Civil Code of the State of California.
3. CONDITION'
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by,;and well and truly beep and perform the'covenams,conditions and provisions in the
said agreement and any alteration thereof made as therein providcd,on is or its part,to be kept and
performed at the time and in the mariner therein specified,and in all respects according to their true
intent and meaning,',and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,Hien this obligation shall become
null and void; otherwise it shall be and remain m full force and effect.
As par[of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and 'fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation,all to be taxed as
costs and included in any judgement 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 iti the parforrnanc of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished 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; and also in case suit is brought upon this bond, will pay, in addition to the fact
amount 'thereof, costs and reasonable expenses and fees, including reasonable'attorney's fees,
incurred County for city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
)tis hereby expressly stip
ulated and agreed that this bond shatl inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(eotnrnencing with Section
3082)ofPart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this;bond.
Should the condition of this bond be fully performed 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 plan or specification ofsaid work agreed to by the
Principal and the County shall relieve any Surety'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 itselfbound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on_ July 13, 2005
PRINCIPAL: See attached signature block Fidelity and Deposit Company
S[1RETY: of Maryland
Address: 6121 Bollinger Canyon: Rd. Ste. 500 Address: 801 N. Brand Blvd. , 'Penthouse Suite
City: San Ramon: CA Zip. 94583 City: , Glandala. CA Zip: 91203
By: By ,
Print Name: Print Name: Rachelle Rheault
Title: Title: Atrr, n Tn—F
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WINDEMERE BL,C 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 C 'forma
Corporation,its Managing Member
B .
Lawrence'H.Thompson,Vice President
iy:. 6A,
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT'
State of California
County of Oran e
On July 14,2005 before me, Dina Prints, Notary Public, personally
appeared Lawrence H. Thompson and Dee Baker, 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. DINA�TY
commission# 1453610
Notary Public-California
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:
Lawrence H. Thompson—Vice President Lennar Homes of California Inc.
Dee Baker-Assistant. Secretary Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. '08821652
Number of Pages: Three (3)
Date of Document: July 13, 2005
Signers (other than those,named above):Rachelle Rheault
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On July 13 2005 before me, Rosa Estela Rivas,Notary Public ,
DATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC"
personally appeared' Rachelle Rheault ,
NAME(S)OF SIGNERS)..
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(es), and that by his/her/their
_ signature(s)on the Instrument the person(s), or the entity upon
iROSA ESTEI_A RIVAS
behalf of which the
person(s) acted, executed' the instrument.
IT
C4 COMM.#'1447661
NOTARY PUBLIC CALIFORNIA�
ORANGE COUNTY � ' WITNESS rn hand'and official seal
My comm.axptres tct. �,201$ Y
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required bylaw, 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(IES)
SIGNER(S)OTHER';,THAN NAMED ABOVE
5-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 9 1309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEAT BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State ofMaryland by PAUL C.ROGER$,Vice,President,and T.E.SMITH,Assistant Secretary,in
pursuance of authority granted by Article VLSection 2,of the Pay-Laws of said Com-pany,;w ' set forth on the reverse
nate,constitute and
side hereof and are hereby certified to hereos
be in full force and effect on the date f d o make,execute,seat
appoint Rachelit RIIEAI.TLT,of Irvine,California, its true and lawfu o gigs,and,the
and deliver,for,and on its behalf as surety,and as its act and o an ,as full and
execution of such bonds or undertakings in pursuan x 's on said Cped by the regularly elected officers of
amply,to all intents and purposes,as if
the Company at its office in Ba ' t� ir
The said Assistant er ct set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- s ' ow in force.
IN WITNESS D he said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of May,
A.D.2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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By:
T. Smith assistant Secretary Paul C Rogers Tice President
State of Maryland SS:
City of Baltimore
On this 24th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly'
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITI , Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument; and they each acknowledged'the execution of the same, and being
by the 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.
Ns NA NI
Dennis R.Hayden Notary Public
My Commission Expires: February 1, 2005
POA-F 01912-50308
EXTRACT FROM BY-LAWS OF;;FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
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, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of rnortgages,...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 additionalVice-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 Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 1 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 of any 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 13th day of July 2005
Assistant Secretary
..
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ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
I~idelity acid Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich Americana
insurance Company,and American Guarantee'and Liability Insurance Company are making the following
informational disclosures;in compliance with The TerrorismRisk 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 pfemium for this bond
M8,91-0—sure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2042,we have made available to you coverage for losses resulting
from acts of'terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insuzauee Company's Terrorism 1,c►9ses
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 1%of direct earned ;
premium in the prior year;for 2003,7%of direct earned premium in the prior year; for 2004, l t)%of direct earned
premium in the prior year;and for 2005, 1Silo of direct eamed premium in the prier 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 Asst titres not currently provide for insurance industry or United States goverment participation in
terrorism losses that exceed$100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism"'as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United Staten
1. 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 air 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 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 to 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 am is committed as part of the course of a war
declared by Congress(except for workers'compensation) or property and casualty insurance losses resulting from the
act,in the aggregate,do not exceed$5,000,000.
These disclosures are informational only and do not modify your band or affect your rights under the band.
Copyright Zurich.A rnerium Insurance Company 2003