HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-715 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 1, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uiikema
NOES: None
ABSENT: None
ABSTAIN: None
E�OLUT�OI`d 1�IO. 21 � �f�
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-08778, being developed by Windermere BLC Land Company, LLC, San
Ramon(Dougherty Valley) area. (District 111)
The following document was presented for Board approval this date for Subdivision 04-
08778, located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Comapany, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right'of Way Landscaping) within one year 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: $1,490.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 436206 December 16, 2004
TR:rm I hereby certify that this is a true and correct copy of an
o:\c,pData\Engsvc\BO\2005\11-01tsv 04-08778 BO-ls.doe
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-July 13,2006(P1) ATTESTED: ItleeVG
Windermere BLC Land Company,LLC
6121 Bollinger Canyon Road,Ste 500 JOHN SWEETEN,Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Attn:Brian Olin
National Farmers Union Standard Insurance Company
One Financial Plaza,1'0'Floor
Hartford,CT 06103
Attn:Patricia H.Brebner By ,Deputy
IV
RESOLUTION NO.2005/ ;;r
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision
04-08778, being developed by WindemereBLC Land Company, LLC, San
Ramon(Dougherty Valley) area. (District III)
DATES November 1, 2005
PAGE: 2
II. Surety Bond
Bond Company: National Farmers Union Standard Insurance Company
Bond Number and Date: 4410188 December 3, 2004
Performance .Amount: $147,410.00
Labor&Materials Amount: $74,450.00
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.
�tvwiitv1 Mvay;d.C1lubgQNn1li1
(Government Code§66462 and§66463
S46division: SUB 8778 EffectiveDate: C7
Subdivider: Windernere BLC'Land Company, L.L.C. Completion Period: year
WINDEMERE 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 SUBDIVIDER: `A Delaware limited liability:company
Managing Member
Maurice M.Shits, Public Works Director By:Lennar Homes of California,Inc.,
"Managing Member
By: AAAM
(signature) l
RECOMMENDED FOR APPROVAL: (print nam&title)Don Larson,Vice President
By: (signature) '
Engineering`ServiCes D isi (print name&Atitle)Darleen Carpent ,Asst.Secretary
FORM APPROVED: VIC#Or . 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. 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 plans 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 superiorto 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. 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: $ 1 49100 cash,plus additional security,in the amount of }
$ 147 4110.00 which together total one hundred percent(100%)of the estimated cost of the work. Such add€tional
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 for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. ,
B. For Payment: Security in the amount of 74.450:00 which is fifty percent(50%)ofthe'estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashler'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§54-4.408 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
................................................................. ............
... .... ................................... ................... ................::::::...........L................. ................................... ...................... ...........
In accordance with Article 964.6,"Acceptance",of the Ordinance Uode. 5uwivicter agrees to correct,repair,or replace,at nis expense,
any defects in said work.
The guarantee period does not app,, to road improvements for private roads which a, .rot 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 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 orduring 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 agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and Its special district,elective and
appointive boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred 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 anytime before the County reviewed said Improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s),or other pmeeeding(s)concerning said liabilities
and claims.
C. The actions causing liability are any act oromission(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 Indernriltee 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 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 fails 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 to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
gSvcNFormMAG WORD\AG-30A.doc
6trP1).t-T1_
Rev.May 18,2001
o-r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On C_E Me-QEo'004 before me, �1'
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Publi(f)
personally appeared NtsNAga' Z zP a_4L f-N f1 Y�1S' �f2
• Name(s)of Signers)
t'personally known to me
❑ proved to meon the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
KAREN L KEENAN � acknowledged to me that helshe/they executed
CommWon#137'$627 the same in hielher/their authorized
Notary Public -Ccllfornia
Contra Costa County - capacity(ies), and that by ttisfher/their
MyGomm.Expires Oct 7,2006 signature(s)'on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES my hand a offi is.seal �
Signature No ry Public.
OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
1
Document Date: Number of Pages: '
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑'Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑'Guardian or Conservator I
❑ Other:'
Signer is Representing:
0 1999 National.Notary Association-9350 Do Soto Ave..P.O Box 2402.-Chatsworth,CA 91313.2402-www.nationatnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-878-8827
DBMSIT PNMT
VOICE M'CWNTY AUDHOR CONTROLLER
RER:
MARTINEZ,CALIFORNIA
O TH
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ORGANIZATION NUMBER
(For Ca$h CoH*ctjon Pracq&ras see County Adminishator's Bulletin 105.)
DESCRIPTION FUND/ORG. SULTASK OPTION ACTIVITY AMOUNT
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DEPOSIT 1
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CHECKS,Ma ETC-
BANK DEPOSITS
TC.BANK'DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
-"2 - DEPOSIT
PERMIT DP
NUMBER
DATE 4`02 L) •.��.,ti, I
ASSIGNED
he amount of money described above is for Treasurer's eipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury.: cknowledged
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Signed: Signed:
EXT. '7' j y Coun aitrx Deputy County Treasurer
;d REV.IT-93} 1r7 Ii. a
819800-0800: G1158981, $3,090.00, Sub 8773, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800 61158983, $1,000.00, Sub 8774, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: G1158986, $1.700.00, Sub 8775, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: G1158988, $12720.00, Sub 8776, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61158990, $2,690.00, Sub 8777, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: G1158992, $1,490.00, Sub 8778, Performance Cash Bond,
Windemere BLC Land Company LLC, 3150 Crow Canyon PI #310, San Raman,
CA '94583
819800-0800: 61158994, $2,500.00, Sub 8690, Performance Cash Bond,
I C pal' (rig[ fA
819800-0800: 11 8995, $6,100.00, RA1148, Performance Cash Bond,
3250 Crow Canyon ri 173M, San RtMun,—
`k;r'� S Y\o, G(
I�' +'fo
819800-0800: 61158996, $3.500.00, SJB8685°, erfo mance Cash Bond,
3150 rrow Canyon 219310, San Ramak
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819800-0800. G1158997, $9,870.00, RA111, Performance Cash Bond,
Windemere BLC Land Company LLc 3150 Crow Canyon P1 #310, San Ramon,
CA94583
0649-9665 / 831000: 61158982, $25,200.00, Sub8773, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon P1 #310, San Ramon, CA 94583
0649-9665' / 831000: 61158984, $7,600.00, Sub8774, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon P1 #310, San Ramon, CA 94583
0649-9665 / 831000: 61158987, $14,130.00, Sub8775, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Craw Canyon PI #310, San Ramon, CA 94583
0649-9665'" / 831000: 61158989, $14.280.00, Sub8776, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158991, $22,010.00, Sub8777, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61158993, $12,410.00, Sub8778, Landscape
Improvement 'Inspection Deposit, Windemere' BLC Land Company LLC, 3150
Crow Canyon P1 #310, San Ramon, CA 94583
0649-9665 / 831000: 61158994, $14,700.00, Sub8690, Landscape
Improvement Inspection Deposit,
ccul Ca FVen' GGA 11 31.-c_
(.-'0 r
0649-9665 ! 831000: 61158995, $30,900., RA1148, Landscape
Inspection, an ompany ,
0649-9665 J 831000: 01158996, $19.400.00, Sub8685, Landscape
Improvement Inspection, &w---
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0649-9665 / 831000: 01158998, $79.480.00, RA1151, Landscape
Improvement Inspection Deposit, Windeme,re BLC Land Company LLC, 3150
Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: G1158999, $947.17, FC Permit 633-03, Cash Deposit,
Kinder Morgan SFPP,LP, 1100 Town ,& Country, Orange, CA 92868
0649-9665' / 831000: G1159000,'$196.83, FC Permit 632-03, Cash Deposit,
Kinder Morgan SFPP,LP 1100 Town ,& Country, Orange, CA 92868
Subdivision; SUB 8778
Bond No.: 4410188
Premium: $737«00
Executed in Duplicate
YMPRO VENMNT SECURITY BON
FUR.Punic RIGaT EBF WAY LAh'USCA r AGREP.NaN T
(Performance,Guarantee,and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL. OF SUBDIVISION ACRERMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision 8778
as specified in Subdivision,Agreement(Right of'Way Landscaping), and to complete said work within
the time specified for completion in the Subdivision Ageemem (Right of Way Landscaping), all in
accordance with State and local laws and rulings thereunder in order to sarisfy conditions for filing of The
Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Windemere BLC-Land Com watt L.L.C. asP cipal,and
National Farmers Union Standard Insurance Company BCorpmmonorg=zed ,SLt Sunderthelw5
of the State of Colorado and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa,California to pay it:
A. Performance and Guaranvee.One Hlundred Forty Seven Thousand Four Hundred Ten and 00/100
Dollars ($ 147,410.00l for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment.- SevM Four Thousartd Four Hundred Fifty and 00/100 Dollars
($ 74,450.00 ) to secure the claims to which referetace is made in Title XV
(commencing with Section 3082) of Part 4 of Division IH of the Civil Cadre of the Stste 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 status to
and abide by and well and truly keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the mantler 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,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
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 andncluded in any judgement rendered.
B. The condition of this obligation as to Section 2.
undersi ed as co �) above is such Hutt said Principal and the
rporate surery are held firmly bound unto the County of Contra: Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code formaterials furnished or labor
thereon of any land,or for amounts due under the Unemployment Insurance Act with respect r 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; casts and reasonablees and fees,
Coon e:rpens including.'reasonable attorney's fees,
incurred by County(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(commencingwith Sectioxt
3082)ofPart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigtas
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 alterationofsaid subdivision agreement or any plan or specification of said work agr�cl to b the
Principal and the County shall relieve any Surety from liability on this bond;and consent is h eby
givers 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.
SIGl'VD AN73 SEALED
on December 3, 2004
WINDEMERE BLC LANDCOMPANY, LLC, a California limited liability company
By: LEN-OBS Windemere, LLC, a Delaware dorporation its Managing Member
B • Lennar Homes of California, Inc. ,
PRINjts Man__BL�iri Member S TY: NATIONAL FARMERS UNION STANDARD
Address: 25 EnterpriseCOMP RT--
TRUMCE
Address: One Financial Plaza, 10th floor
City: Aliso Viejo 92656
City: Hartford CT Zip: 06IQ
$y: ...`
By:
Print Name• David L. Evans
• Print Namr: Patridg:a H'. Brebner
Title: Vice President
Title:. _ Attorney-in-Fact
OWSIMIARDATA4?pDAc%ga,;S-aor=BN WORD%8N-12A.4ae
..13 -.s>tY a n-s 3i 9 3 E$`e:3M 8N!xsx::73 aft 3+ 9a+sE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On December 6, 2004 before me, Dina Printy, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
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 PRINTY
Commission#1453610
,/ ..,.
Notary Public -Cal
itom[a
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:
Corporate Officer-Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 4410188
Number of Pages: Two (2)
Date of Document: December 3, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL,-PURPOSE A( IOWLEDGMENTN0.5907
State of California
County of Orange
On December 3, 2004 before me, Rhonda C.Abel,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
Z 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 capecity(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.
WITNESS my hand:and official seal.
- RHONDA C.ABET � ---�
( COMM.#1312777 `^
NOTARY!'UBLIC-CAUFORNIA
ORANGE COUNTY () SIGNATURE OF NOTARY
COMM.EXP.AUG.9.2005",
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
H 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-40871GEEF 2(98 01993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Ave„P.O.Box 7184»Canoga Park,CA 91309-7184
NATIONAL Ft ..,MERS UNION STANDARD INSUhnNCE COMPANY
[in the process of being renamed Quanta Indemnity Company]
New York City,New York 10020
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:that National Fanners Union Standard Insurance Company[in the process
of being renamed Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute
and appoint:
Patricia H.Brener
of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,seal,
and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course
of its business up to a penal sum not to exceed FIFTY MILLION AND'001100 DOLLARS ($50,000.000.001 each,and to bind
the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.
This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in
full force and effect:
ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC.
Section 2. All bonds,undertakings, contracts,and other instruments,,other than as above for and on behalf of the Company
which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Deputy Chairman,;if any,or the President or a Vice President,jointly with the Secretary or an
Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-fact designated in
any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in
Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of
attorney.
Section 3 All powers of attorney for and on behalf of the Company may and shall be executed in the name,and on behalf of the
Company,either by the Chairman or the'Deputy:Chairman or the President or a Vice President or an Assistant Vice President,
jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be
engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President,
any Vice President,any Assistant'Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be
affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-
in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,
and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by such facsimile'signature and facsimile seal shall be valid and
binding upon the Company with respect to any bond or undertaking to,which"it is attached.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and
the corporate seal of National Farmers Union Standard insurance Company[in the process of being renamed Quanta Indemnity
Company]has been affixed thereto in New York City,New York this 2b`s day of March,2004.
National Farmers Union Standard Insurance Company
[in the process of being renamed Quanta Indemnity Company]
By
Walda Decreus,Assistant Secretary
STAIN(1
�. 1869
' GORP `G
IMPORTANT DISCLOSURE NOTICE
REGARDING
TERRORISM RISK INSURANCE ACT OF 2002
Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we
are providing this disclosure notice for bonds for which a subsidiary,of Quanta
U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused`
by a certified act of terrorism as defined by The Act may be partially reimbursed
by the Federal Government under a formula established by The Act.
The term "certified actof terrorism" means any act certified by the Secretary of
the Treasury, in concurrence with the Secretary of State and the Attorney
General of the United States, to be an act of terrorism; to be a violent act or an
act that is dangerous to human life, property or infrastructure; to have resulted in
damage within the United States, or outside the United States in the case of an
air carrier or vessel or the premises of a United States Mission; and 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 influence the policy`or affect the conduct' of the Federal
Government by coercion.
The formula established by The Act requires the Federal Government to pay
90% of losses arising from certified acts of terrorism that exceed the'statutorily
established deductible to be paid by the surety.
Acts of terrorism are not excluded'from any surety bonds issued on your behalf
and your premium charge for terrorism coverage is $0.00.
This is a notice regarding your terrorism coverage 'which should be used for informational
purposes only. Please refer to the bond form for the terms and conditions regarding your
terrorism coverage.
Form Number SUR 10001 (Ed.4104)