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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-713 p THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 1, 2005 by the following vote: AYES: Gioia,Pepho,De5auinier,Glover and Uiltcema NOES: None ABSENT: None ABSTAIN: None 1fES LU c .0N nrO.10 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 04-01174 (cross-reference Subdivision 03-08510), 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 RA 04-01174 (cross-reference Subdivision'03-08510), 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: $3,800.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 448563 July 25, 2005 TR.rm I hereby certify that this is a true and correct copy of an Originator: Public so\2oos\i t oIUZA 04-01174 Bo-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development ,�//�` T—July 13,2007(P1) ATTESTED: >✓'tL1G ' �/, av Windernere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin Fidelity and Deposit Company of Maryland 801'N.Brand Blvd.,Penthouse Suite Glendale,CA 01208 Attn:Rhonda C.Abel By ,Deputy RESOLUTION NO.2005/ J� SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 04-01174 (cross-reference Subdivision 03-08510), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: November 1, 2005 PAGE 2 Ii. Surety Bond Bond Company: Fidelity,and Deposit Company of Maryland Bond Number and Date: 08745438 July l 1,2005 Performance Amount: $374,100.00 Labor&Materials Amount: $188,950.00 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§66463) Subd'ivision: . RA 04-01174(cross-ref SUB 85101 Effective Date: 0 k 0 � Subdivider: Windemere BLC Land Company,LLC CompletionPeriod: 2 year THESE SIGNATURES ATTEST TO THE"PARTIES'AGREEMENT HERETO WINDEMERE BLC LAND COMPANY,LLC ,A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER: By LEN OBS Windemere,LLC, A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member By.Lennar Homes of 'Iffibmia,Inc., M Ing Member By: a 1__1(AAA.0, (signature) (print name&title) ul .Menaker Asst.S` etary; RECOMMENDED FOR APPROVAL: 1 AjAAA �, (signatureos-:) BY (print name&title)Don Larson,Vice President Engineering Services Divisi n FORM APPROVED: Victor J.Westrnan, 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. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above--mentioned Subdivider,'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 lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement p ans for this subdivision as reviewed and on file with the Contra Costa County Public Works 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 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 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 govem. 3. IMPROVEMENT SECURITY: Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County—Ordinance'Code,provide as security to the County. A. For Performance and Guarantee: $ 3,800.00 cash,plus additional security,in the amount of $ 374,100.00' 1 which 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 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 fbr one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For'Pavment: Security in the amount of$ 188.350.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashlees 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 shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-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. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted Into the County road 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 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 be 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 plans 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 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-alreement 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 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),action(s),orother proceeding(s)concerning said liabilities and claims. C. The actions causin a liability are any act oromisslon(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 Indemn4. 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 falls to maintain the work, the County may proceed to complete and/or maintain the work by contractor 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/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 town 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. :kwlsp GAGrpUata%EngSvcTorms%G WORMG.30A.dac Rev.May 18,2001 ........... .................................. ........... .... ........ q.q. ..................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' State of California County of Contra Costa 4n July $,2005 before me,Karen L. Keenan,Notary Public,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 upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN Gorrunts on* 137727 Nok*gy KAAc-Cdftrrdo Signature of No ublic C**o.Costo County +Cormn. UCt7, """A 1 ' TO THE TRC1RItt: MARTZ,CALFORNIA i RE NED FROM ,. ORGANIZATION NUMBER (for Cash Collodion Procedu m we County Adminis"tor's Bulletin 105.) DESCRIPTION RM/ORG. ACCT TASK ' TION ACTIVITY AMOUNT ; f Eft y+.34 TS� t.. ss 3: t x gill, Aft t' f t}f fle ,e _ L #¢ �, ;ry t 1A � EXPLANATION: TOTAL $ � { . t DEPOSIT - t7"*cons6is of the fokwirsg items COIN and CURRENCY $ CHECKS,M:Q,ETC. $ �{ r BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT CSP NUMBER fs _ DATE ASSIGNED The amount of money described above is for 'treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Tr+er y acknowledged. per' ` Signed: f t, t ' .A Signed:Ttkek EX L U Deputy County Auditor Deputy County Treasurer x-34 REV,(7-93) }� ''OFFICE OF COUNTY AliDITOR-CONTROLLER'° ' MARTINEZ,CALIFORNIA TD THE ^`SURER: _.; t nw«+l ORGANIZATION NUMBER f u� � (For Cash Collection Procedures see County Admirtisht tors Bulletin 105.) DESCRIPTION FUND/ORC, A�C B. TASK OPTION ACTIVITY AMOUNT F ! k I i i I i t t i 1)JOY _I EXPLANATION: TOTAL DEPOSIT Depositconsists of the following 5n_u COIN and CURRENCY $ t CHECKS,Ma ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMIT .. NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury acknowledged.' �5 #7nte Si '# rk '" ` < : gid: f� w Signed: Titieir r ,k `' EXT r s Deputy County Auditor Deputy Courtly Treasurer a-3d REV.(7-93} a,: I } 0649-9665 1 112300, G1161389 $1.400. , Drainage Permit 409-05, Cash Deposit, Oskar G. Sandstrom, 5316 Sobrante Ave., EI Sobrante, CA 94803 0649-9665 1 112300, 01161390, $500.00, FS 3024, Record of Survey Deposit, CarlsonBarbee & Gibson, Inc., 6111 Ballinger Canyon Rd., #150, San Ramon, CA 94583 819800-01300, 61161371, $11,000.00, RA 05�-01198, Performance Cash Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583' 819800-0800, 61161375 $25.800.00..RA-04-01174, Performance Cash Bond, Windemere BLC Land' Company, LLC, 6121":Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800.0800, 01161377, $3.800.00, RA 04-01174, Performance Cash Bond, Windemere BLC Land' Company, LLC, 6121BollingerCanyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, G1161379 $1.200.001, Sub 05-08927, , Performance Cash Bond, , Windemere BLC Land 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 Damon, CA 94583 819800-0807, G1161383, $1.700.00?, Sub 05-08929, Performance Cash Bond, , Windemere BLC Land Company, LLC; 6121 Bollinger'Canyon Rd., Suite 500, San Ramon, CA 94583' 0648.9140 / 112200: 61188818, City of Brentwood, 708Third St. Brentwood, CA $76911.bQ, BW DA 105 S.R. $155.763.44, BW DA 104 S.R. 0649-9665 / 112300, 61161370; $9.600.00, RA 05-01198, Road Acceptance Inspection Fee Deposit, Windermere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, &1161373,$119,500.00, 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, 61161376, $2Q,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, 61161378,$9,100.00, Scab 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, $8.800.00, Sub 05-0898 Landscape Improvement Inspection Fee, Windemere BLC Laird Company, LLC, 6121 Bollinger Canyon`Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300, 61161382,$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, 61161384, $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, SD` 78-04990, Inspection Deposit, Mariner Estates, LLC, 2'22 Rush Landing Rd., Novato, CA 94945 EXECUTER IN DUPLICATE Subdivision; RA_04.01174 tcross--ref SUB 85 10) Bond Nm.- 087454438 Premium:$3;.534.60'%- IMPROVEMENT SECLrPJTY BOND SOR PUBLIC PJGHT OF WAY LANDSCAPE AGR,EEMTNT' (performance,Guarantee,and Payment) (California Govemment Code Sections 66462 and 66463) i. R Crrr►t.op SuuUty story Ac n+t ry The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvements in &&; 44-01174 (cross--ref 85tQ1 s specified in the Subdivision Agreement(Bight of Warr Landscaping), and°to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the.Final Neap or Parcel Map for said Subdivision. 2. 0RL1c:,i tom: Windme Land Corn g an y,L.LC ,as Priru#al,and Fidelity and Deposit Company of Maryland ,acorporation organizedexistingunder The laws;ofthe State of Maraland and authorized to transact surety business' in California„ as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to,the County of Contra Costa,California to pay it- A. rA. Performance and Guarantee: Tlrege r Seven" Fo 'and tare ndred and 00/1Q© Dollars ($ 374J00.00 } for itself"or any city assignee under the above County;Subdivision Agreement,plus B. payment: One Hunt reds E t Thous Nine H dr t 1.0i100 Dollars ($ 188.950.00: ) to secure the claims to which reference is made in Title:XV (commencing with Section 3082) of Fart 4 of Division .111 of the Civil Code of the State of California, 3. CON ; 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 this p stand to and abide by,and well and truly keep and perform the cove=ts,conditions and provisions in the said agreement and any alteration thereof'made;as therein provided,'an is or its part,to he kept and performed at the time gond 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'thcrein'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 face amount specified therefore,there shah 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 in the perforce of the aforesaid agreement Arid referred to in the aforesaid Civil Code for materials furnished or labor thereon ofany 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 attorneys fees, incurred by.Coanty(or 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. 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)ofPart 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 tthis bond. Should the condition ofthis 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 specificatonofsaid work agreed to by the Principal aud'the County shall relieve any Surety from liability can 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 it 2005 PIUIYCIPAI.., See attached Signature Block Fidelity and Deposit Company SURETY: of Maryland Address: X121 BolliAaer Canyon Rd. #500 - .-.. ..._. Address: 801 N. Brand Blvd. Penthouse Suite City: SAA Ramon Zip: ,24 _ City: Glendale ,Zip: 91203 By: Print Name: Print Name: _ Rhonda C. Abel Title: Title: Attorne -In-Fact nPw3luttinttDnTnCrrpDYwF.u�svc�fomu�BN 1vQADtgN•12A.+�: H 9'ti +N3igYuaaNNx:...ynrr..u..xSNNo-..u.3:YE..uy n~ ::a?!8& '9iI P sxxji,M,:P:NN_...l......f t 3i fi. 3WA,3-??1i •ni!! 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' By:_ )& Greg oint,Vicve President Cindy Thom n Assistant Secr `ry CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12= 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Cindy Thompson, 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 ofil'ci eal DIN k F! rl T ` Commission# 1453610 �°�i: :;, ,Notary Public•Calitornta Orange County 6My Comm.Exphes Nov 28,2007f 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 farm. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greg Pomi —Vice President Lennar Homes of California. Inca Cindy Thompson -Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No."08745438 Number of Pages: Three (3) Date of Document: July 11, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 112005 before me, Rosa Estela Rivas,Notary 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'- ❑ :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 that he/she/they executed the samein his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSA ESTELA RIVAS ';:MM ##14476561 NOTARY PURI-IC CALIFORNIA cal WITNESS my hand and official seal. ORANGE COUNTY +� Mu Comm.expires Oct.28,gra 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(IES) 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 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 of Maryland,by PAUL C.ROGERS,Vice President,and L.L.GOUCHER,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 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 ,and the execution of such bonds or undertakings in pursuance of these r in y,as fully and amply,to all intents and purposes,as if they had been ac gularly elected officers of the Company at its office in Baltimore,Md.,inp rs �a orney revokes that issued onbehalf of Rhonda C. ABEL,dated Septe 0 51!6 The said Assistant c t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS OF, 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 March, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4,�,p @fiQ�Pi .r 'e ✓ 111 I!} 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 commissioned and qualified, carne PAUL C. ROGERS, Vice President, and L. L. GOUCHER, 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. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025C ............................................................................. ...................... ..............- ................................. .................... .............. ............................. .......................... 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 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 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 11th day of July 2005 Assistant Secretary ....... ............ ........ ............. ............ .. .......... ... ..... .. ZURICH IMS EMORTANT 1) UM ILOND Fidelity and Deposit Company of Maryland,ColonialAmerrie w Casmlty and Surety Company,doh American ltasuxanot Company,and Amen=Guarantee and Liability Insurance Company am ma g the following mfloerrnardonal disclosums in c*mpliance with ne Terrorism Risk Imuranoe Art of 2002 No action is required on your put. �.Ist1p�.Terrorinm 1?htemlurn The proolu m charge for risk of loss resulting ftm acts of terrorism(as defhwd in the A,ct)under this bond is • $_waived....... This amount is reflected'in the totalpremium,for this ltd. -D- ore-# Av i ity v,DC va g_for T,pr Long As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage:for losses resulting &rm 'acts of t sm(as defined in the Act)with terns,atnou nts,and limitations that do not differ materxially as those for losses arising from events other that,acts of terrorism. I?faclers gee of EI&W ham of Imrs-M 111gA Y:aTerroIUM Lasses The Terrrorlam Risk In.s iratnce Act of 2002 establishes a mechanism by which the'United States'government will share in insurance company losses resulting from accts of terrorism(ass defined in the Act)after a insurance company has paid kow in excess of an annual agg vgate`deductible. For 2002,the insurance company deductible is 1%-offtect earned preuaiunm in the prior year,for 2003,"74%of direct tamed premium in the prior year;for 2004, 100%of direct warned pram im n in the prior ye ac;and for 2005, 15%of direct earned premium in the prior year. The federal sham of an imaurance army's losses above its deductible is 90%° In dee event the United States gcver unent participates:in losses,the Lenard States goveruzzmt may direct insu anee companies to collect a iesrtrrism surcharge from policyhol4m. The Act does not currently provide fbr insure=Industry or Unite States government partioitpation in terrorism losses that exceed$100 billion in any one Wonder year, tfla Mn of Act gtTerrarlsm The Terrorism Risk.Insure=Act defines"art oftenorism'as any act that is certified by the Secretary ofthe Treasury, IA eycmourrence with the Secretary of Stater and the Atiomey General of the United Staters:' I. to be an act of terrorism; 2. to be a violertnt act or an act that is chI WW-to 1urman Iiia,property cc inkastructure; 3. to have resulted in damage within the UAitex!States,or outside of the United States in the case of an ei