HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-709 THE BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY, CALIFORNIA
Adopted this Resolution on November 1, 2005,by the following vote.
AYES: Gioia,Piepho,DeSaulnier,Mover and Uilkema
NOES None
ABSENT; None
ABSTAIN None
SUBJECT: Approving the Drainage Improvement`Agreement for DA 04-00049(crass-reference
Subdivision 04-08923),being developed by Windemere BLC Land Company,LLC,
San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Subdivision 04-08923,
drainage`acceptance file DA 04-00049,property located in the San Ramon(Daugherty Valley)area,
Supervisorial District III.
A drainage improvement agreement with Windemere BLC Land Company,LLC,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within two years from the date of said agreement.Improvements generally
consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows.
I hereby certify that this is a true and correct copy of an action taken
WgioatowPublic<Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: Teri Rte(313-2363)
TR:nn shown.
G:ZTData1EngSvcW\24o5\11-01113A 04•00049:80-20Aoc
cc: Pubic Works- T.Bell,Construction
T August 11,2005 ,/' t Vdei "7✓ ✓' C �
Windemtre BLC Land Company,LLC ATTESTED:J�
Stmt Bolliarnon,CA Canyon Road #sOt) JOHN SWEETEN Clerk of the Board of Supervisors and County
Sam Ramon,CA 95831 a
Attn:Brian Olin Administrator
Fidelity and Deposit Company of Maryland
881 N.Brand Blvd.,Penthouse
Glendale,CA 41203
Atte:Teri Apodaca
By ,.Deputy
RESOLUTION NO.2005/ Mo
SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00049 (cross-
reference Subdivision 04-08923),being developed by Windemere BLC Land
Company,LLC, San Ramon(Dougherty Valley) area. (District 11
DATE: November 1, 2005
PAGE: 2
1. Cash Bond
Performance Amount: $1;500.00
Auditor's Deposit Permit No. DP451038 Date: September 12,2005
Submitted by; Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16;
H. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08821655 July 13,`2005
Performance Amount: $149,500.00
Labor&Materials Amount: $75,500.00
Principal: Windemere BLC Land Company,LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED;
All deposit permits are on file with the Public Works Department.
.J�t..6O/ d 'sem ,/l/�+ . �e�S�,�,,f►
D MAGE NPROVEM NT AG,rREEM NT
Subdivision:, DA 04-00049(cross-ref SUB 8923) Effective Date: Id 1 /0
Developer: Windemere'BLC Land Company.1 FSC_ Completion Period: 2 year
W INDEMERE BLC LAND COMPANY,LLC
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company
By:LEN-OBS Windemere,LLC,
CONTRA COSTA COUNTY DEVELOPERA Delaware limited liability company
Maurice M.Shiu,Public Works Director Managing Member
By:Lenar Homes of California,Inc.,
Managing Member
n '
By: 7
(signature)
RECOMMENDED FOR APPROVAL (print name&title) ul enaker,Asst:Secretary
741-05
By: (signature)
Engineering rices Vvision (print name&fAle)-bon-UsoN Vice President
FORM APPROVED: Victor 1.Westman,County Counsel
(NOTE- All signatures to be`acknowledged.If Developeris Incorporated,sigusum nutst
conform with the designated representative groups pursuant to Corporations CodeS313.)
I. PURL IES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called*Co nay,"and the above-named
Developermutually promise and agree as hollows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certainoff-tractdrainage improvements 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 CountyPublic(Yorks Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion periodfrom date hereof 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 plans and the County Ordinance Code,the stricter
requirements shall govern.
3. I vIPROVEMENT SICU TY.Upon executing this Agreement,the Developer shall provide as security to the County.
A; , For PerfDrInance and 0ua nils tee.: S 1.50000 cash,plus additional security,in the amount of$ 149.500.00
together total'one hundred percent(100%)of the estimated cost of the work. Such additional 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 Developer 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.
& For Pawnent: Security in the amount of$ 75,500.00 ,which is ftftypercent{50°!e)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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free fromdefects in material or workmanship and
shall perform satisfactorily for a period of one(1)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.Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN W RRANTY. Developer 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 development.-If,at any time 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,Developer shall make whatever
changes are necessary to aecornpiish the work as promised.
6. 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 Developer 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 againstare•any liability or claim for damage of any kind allegedly suffered,incurred or threatened 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),actions)or other proceedings)concerning said liabilities and claims.
C. The actions causin .liabitity are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,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 indemnity has
prepared,supplied,or reviewed any plans)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 from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails 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 complete and/or maintain the work by contract or otherwise,and Developer 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.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. 1f,before the Board of Supervisors accepts the work as complete,the development is annexed to city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
RL.kw
t1PWS"HARDATA\GrpDatuTAigSvc\Fomis\AG WORMAG-17.d00
Rev.April 6,2000
CALIFORNIA ALL-:PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On July 12, 2005 before me,Karen L. Keenan,NotMPPublic,personally appeared
Don 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 uponbehalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
N?37 827
E@. CornmiWon
otay RAft -CcafF72W6
Signature of No Public Contra Costa CouComm.Expires Oct
DEPCtW PElltmff
OFFICE OF COUNTY AUDITOR-CONTROLLER
CALIFORNIA
, i
TO THE TREASURER: MARTINEZ -•�-;��, �;'
RECENED FROM J
ORGANIZATION NUMBER .
(For Cash Cdleef on Procedures see Ca intyAdministtptor's Bulletin 105.)
DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOUNT
3 1
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EXPLANATION x TOTAL $DEPOSIT
t
Deposit cmists of the RI-owirghmm
COIN and CURRENCY $
CHECKS,NLO.,ETC. $_;
! BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
-
NUMBER r
DATE a Idrri
ASSIGNED
The amount of money descrbed above is for Treasurer's receipt of above amount is approved Receipt of above is hereby.
deposit into the County Treasury. f� t aKktowied
S1ec3,ei`r Ir'"r pate
Si"
Ti! i r. �:. I i f 1 t' EXT. ' l% ti/ .Deputy County Audyt or Deputy ounty Treasurer
D-3A REV.(7-93) I /6
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA -
RECEIVED FROM tf`
O CNIZATIONNUMBER � :
(For Cash Colecfion Procedures see County A trator's Bulletin 105.),
DESCRIPTION PUND/ORCx SUIL TASK OPTION ACTMTY AMOUNT
J y ti r� $ e
1
{{:o
Z4 3611
1
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EXPLANATIOK- TOTAL $ I
DEPOSIT I
Deposit consists of the following items''
COIN and CURRENCY $
CHECKS,MO.ETC. $
BAW DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
DP 0.e22 2 S
DATE
A551C+NE!?
The amount of mmmyr described above is for Treasurer's receipt of above amount is approved Recg pt of above amount is hereby
deposit into the County Treasury: acknowledged
t Signed: G qty ySigned:
True t�; t j r, . , ;,. EXt l
r Deputy County Treasurer
D-34 REV..(7-93) s
'yF A � e:✓
COUNTY-, F CONTRA COSTA - CENER`' RECEIPT p
.,��,, THIS COPY IS 8 4
DEPT: ! / -tom- NOTA RECEIPT /2z -]}
l DOLLARS$ ..
?� � /tel: 0 q
FOR
CASH ACCT.
BAL.
RECEIVED FROM
CHECK Ll" AMT. �/ a
PAID ,
MONEY BAL.
� � s�`) `. ✓ r, Y7 k i?�." I " 'L 3 ORDER DUE
By:
(D57.REV.7189)
819800-0800: G1189846, $1,500.00, DG 04-00049, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189848, $3,500.00, DG 04-00049, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189850, $5,300.00, PA 05-0024, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189852, $53,200.00, RA 04-01171, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800. G1189853, $1,000. RA 04-01178, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Shite 500, San Ramon, CA
94583
819800-0800: G1189855, $4,200.00, PA05-00023, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Raman, CA
94583
819800-0800: 01189857, $23.000.00,RA04-031175, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA
94583
819800-0800: G1189859, $3,300.00,DG04-00050, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189861, $43.300.00 PA03-00015, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
0649-9665 212300: G1189862, $90,000.00, PA 03-00015, , Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
819800-0800: ' 61189815, $102,800.00, RA 04-01175, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd;, Suite 500,
San Raman, CA 94583
819800-0800: G1189822, $30,500.010, Sub 05-08925, Cash Band,
Windc;mere 3Lrr,.land_Coatpcmyl. LI.0, _61 1_dal{infer Canon_Rd„ Suite 500,
San Ramon, CA 94583
819800-08017: 611898280 $20,700.00, Sub 05.08924, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-0800: G1189833, $27.900.00, Sub 05-08926, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Raman, CA 94583
819800-0800: 01189838, $2.300.00, Sub 05-08926, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189840, $1.700.00, Sub 05-08925, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189842, $1.800.00, Sub 05-08924, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189844, $5.800.00, b6 034-00048, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
0649-9665 i 112304: G1189843, $11.700.00, Sub 05-8924, Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd , Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61189845, $29.400.00, DG 04-00048, Drainage
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61189847, $10,300.00, DG 04-00049, Drainage
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd. Suite 500, San Ramon, CA 94583
0649-9665 f 112300: 61189849, $19,300.00, D6 04-010049, Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd.,Suite 500, San Ramon, CA 94583
0649.9665 / 112300: 61189851, $27,500.00, PA 05-0024, Landscape
Inspection Fees Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite'500,;Son Ramon, CA 94583
0649-9665 / 112300: G1189854, $5,900.00, RA04-01178, Road Acceptance
Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd.,
Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1189856, $22,300.00, PA' 05-00023, Landscape
Inspection Fee, Windemere BLC Lane! Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500,'San Ramon', CA 94583
0649-9665 / 112300: G1189858, $107,200.00, RA 04-01175, Landscape
Inspection► Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61189860, $18,500.00, DC 04-00050, brainage
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0682-9752 139200: G1189425, $309.493.55, Sub 8331, CONS 80,
86,87,88,105,106, 107, Danville Tassajara Ptrs LLC, 6121 Bollinger Canyon
Rd, Suite 500, San Ramon,
CA 94583
0682-9752 1 239200: G1189426, $6,500.00, Sub 8331, COA #118A,
Construction of bus step shelter , Danville Tassajorn" Ptrs, LLC, 6121
Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583
Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd., Suite 500, San Raman, CA 94583
0649-9665 / 112300: G1189825, $1130.000.00, Sub 05-08925, Subdivision
Improvement Inspection Fee, , Windemere RLC Land Company, LLC, 6121
Bollinger Canyon Rd;, Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1189831, $96.700,00, Sub 05-08924, Major
Subdivision Improvement Inspection, Windemere BLC Land Company, LLC,
6121 Bollinger 'Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 1 112300: 61189836, $>100,000.00, Sub 05-08926, , Major
Subdivision Improvement Inspection, Windemere BLC Land Company, LLC,
6121 Bollinger Canyon Rd., Suite500, San Ramon, CA 94583
0649-9665 / 112300: 01189839, $13,600.00, Sub 08926, Landscape
Improvement Inspection, , Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Raman, CA 94583
0649-9665 1 112300: 61189841, $11.300.00, Sub 05-08925, Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500,>San Ramon, CA 94583
WINDEMERE BLC LAND COMPANY,LLC.,a California
limited liability company
By: LEN-OBS'`WINDEMERE,LLC.,a,Delaware limited
liability company,;its Managing Member
By: LENNAR HOMES OF CALIFORNIA,INC.,a California
Corporation,its Managing Member
Lawrence H.Thompso ice President
Al-
By:
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 14. 2005 before me, Dina Printy, 'Notary Public, personally>
appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacity, and that by their signatures
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. INA PRINTM
Commission# 1453610
Notary Public-California
syr Orange County
nny Comm.Expires Nov 2$,2007
OPTIONAL
Though the data below is not required by taw, 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 VicePresident Lennar Homes of California Inc.
Dee Baker- Assistant. Secretary Lennar Homes of California Inc.
DESCRIPTON Of ATTACHED DOCUMENT
Type of Document: Surety Bond No. 08821655
Number of Pages: Three (3)
Date of Document: July 13, 2005
Signers (other than those named above):Jeri Apodaca
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT` No.5907
State of California
County of Orange
On July 13 2005 before rile, Rosa Estela Rivas,Notaq Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC
personally appeared Jeri Apodaca
NAME(S)OF SIGNER(S)
® personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hisiher/their
signature(s) on the instrument the person(s); or the entity upon
behalf of which the person(s) acted, executed the instrument.
R01,3A ESTELA RIVAS�
OMM.#1447661 :EWITNESS my hand and official seal.
NOTARY PUBLIC CALIFORNIAORANGE COUNTY
11 s�l
00MR1,expires Oct.28,2007
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not:required by law, it may prove valuable to person's 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
H GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHE=R:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
54067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State ofMaryland,by PAUL C ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in
pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w " set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful a e � ac e,execute,seal and
deliver,for,and on its behalf as surety,and as its act and de • " and the execution of
such bonds or undertakings in pursuance of these in ' any,as fully and amply,to all
intents and purposes,as if they had be ac w guiarly elected officers of the Company at
its office in Baltimore,Md,in p rs e a orney revokes that issued on behalf of Jeri
APODACA dated 7, '
The said Assistant o t the extract set forth on the reverse side hereof is a tate copy of Article VI,
Section 2,of the By ' y,and is now in force.
IN 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 14th day of April,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
T'E. Smith Assistant Secretary Paul C. Rogers VicePresident
State of Maryland ss:
City of Baltimore
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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 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.
"AAA, U[Ws.,, t—A"-Mr
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025)
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 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 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 10th 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
01
Assistant Secretary
ZURICH,
THIS IMPORTANT DISCLOSURE NOTZCL fS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American
Insurance Company, and American Guarantee and Liability Insurance 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
$ _v4,aived_ This amount is reflected in the total premium for this bond:
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorists Risk Insurance;Act of 2002,we have made available to you coverage for losses resulting.
from acts of t=oriom(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 Insurance Cotnnan vIN 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. For 2002,the insurance company deductible is I% of direct earned
premium in the prior year, for 2403, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned
premium 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.
Definition of Act of Terrorism
The Terrorists 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
I. to be an act of terrorists;
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 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 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 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 act 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.
Those disclosures are informational onI,y and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 20[03