HomeMy WebLinkAboutMINUTES - 09102002 - C12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on September 10,2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 525
SUBJECT: Approve the Drainage Improvement Agreement, DA 0413 (cross-reference
Subdivision 7976)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,Drainage Acceptance file DA
0013 (cross-reference Subdivision 7976),property located in the San Ramon (Dougherty 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 one year from the date of said agreement. Improvements generally
consist of sanitary sewer bridge 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
and entered on the minutes of the ward of Supervisors on the date
shown.
ATTESTED: September 10, 2002
WL_cw JOHN SWEETEN, Clerk of the Board of Supervisors and County
G:\GrpData:TngSvc\6012002\9-t0-02tDA0013 BO-20.doc Administrator
Originator;Public Works(ES)
Contact: T,'be(313-2363)
cc: Pubic Works- T.Bell,Construction
T-June 2003 By Deputy
Windernerc BLC,LLC
Aunt Brian Olin
3130 Crow Canyon Place,#310
San Marron,CA 94383
St.Paul Fire and Marine Insurance Company
333 City Blvd.West,#1100
Orange,CA 92868
RESOLUTION NO.2002/ ,5
SUBJECT: Approve the Drainage Improvement Agreement, DA 4013 (cross-reference
Subdivision 7976)being developed by Windeere BLC Land Company,LLC, San
Ramon(Dougherty Valley)area. (District III)
DATE: September 10, 2002
PAGE: 2
I. Cash Band
Performance Amount: $5,000.00
Auditor's Deposit Permit No,. DP391077 Date: August 7, 2002
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-I5-16
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date:;'''ISV9445
Performance Amount: >$487,000
Labor chi Materials Amount:;;'$246,000
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.
RESOLUTION NO. 2OO2/525
DL61NAOE LMP&(2VEMM A,QUET?MENT
Subdivision: A Q-01�ferns- j '
� �rte; bdivision'79 61 Effective hate:
Developer: Windemere SLC Lad CornpM.LLC Completion Periods 1 year
DEVEsLOPER:WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATT'ES'T'TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By:LEN-OBS Windernere,LLC,
CONTRA COM QQ y A Delaware limited liability company
Maurice M,Shiu,Public Works Director Managing Member
By:Lennar Homes of California,Inc.,
Managi ember
By: l-tl /�wt l� (signature)____ -
(print name&Title Don Lar n,Vice President
RE OMMEND F APPROVAL
By: r (signature).. —
Engine�ri g Services ivision (print name&Title) Lynn 3oe ' ,Asst.Secretary
C)RM APPROVED: Victor J.Westman,County Counsel
(NOTE All signatures to be acknowledged.If Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Codeu313.)
l. P,AR11L &DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"C r nty,"and the above-named
ev to er mutually promise and agree as follows concerning this acceptance:
2. LWROVEMENTS.Developer agrees to install certain off-tract drainage 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 County Public Works 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 period from 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. IMEROVEMI NT Sl QMIY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: S5,QLQ cash,plus additional security,in the amount of$487.000 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.
B. Eor.Payment: Security in the amount of$24 000,which is fifty percent(50%)of the estimated cost of the work.Such security is
presented in the form of.
Cash,certified check,or cashier's check
JamAcceptable 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 594-4,406 and 594-4.408 of the Ordinance Code.
4. GVARLNLU AND WARRANTY OF WO1tK. Developer guarantees that said work shall be free from defects 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 PLS VTARRANTY. 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 accomplish the work as promised.
6. N WAi ER BY COUNU. 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 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)or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability 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-Coltditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
E. 1, Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa
County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,
liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arisingout ofor alleged to arise out
of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shapell Industries,Inc.
("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell
against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned
Supplement to Cooperation Agreement,
2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or
District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any
claims, losses, liabilities, damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing
improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall
survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District.
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 COBS. 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 1"ieveloperagrees 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. AESQNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a 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,in accordance to the Dougherty Valley
MOU.
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G:%ftData\EngSvc\ChrissTrojects\windemere Phasc ADA0013 AG-I7.doe
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
ss,
' County of rtn,
fR
4n . C G j= , before me, Li /
0 Date Name andntle of officer(e.g.,"Jfjne Doe,Notary Pub ")
personally appeared vVV� {�, ,L
Name(s)of Sr er(s) d}
impersonally known to me
❑ proved to me on the basis of satisfactory
h evidence
to be the person(s) whose name(s) ,W/are
'TRACI R. RANDALL subscribed to the within instrument and
~; Commissi° 1242394 acknowledged to me that be/s /they executed
No,erry?UblIC-c.OROM110
Alameda Ccfur3fy the same in hi�/ftOitheir authorized
myCcrnm��krr19.20M capacity(ies), and that by W*rltheir
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument,
9
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WITN SS my hand and fficial seal.
rn 3.
Place Notary Seal Above Sig ature o atary Public
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OPTIONAL
Though the information below is not required by law,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:
Document[late: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer r
Signer's Name: "thumb
ER ❑ individualTop
Corporate Officer-w-Title(s):
V" ❑ Partner—❑limited ❑General
❑ Attorney in Pact
❑ Trustee
❑ Guardian or Conservator
}� ❑ Other: 4
Y� ^
Signer is Representing: –
Q 4.897 National Notary Association"9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Tata-Free 1-800-876-6827
_.
-DEPOSIT PERMIT
y OFFICE OF COWTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM j L
ORGANIZATION NUMBER
(owr+ )
(For Cash Collection Procedures see County Administrator's Bulletin 103.)
DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
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is-1 L1 3IRD lob
7/� �1 •1T.- .;'/,
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6 ("! J..t'�' r`)�` 1 y' f VJ1.+E,n.✓�
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EXPLANATION: g, f_ -. �, ( 1 1 o . °k TOTAL $ 31-S33t
25
y� Deposit consists of the following Stems
/60
100 "` COIN and CURRENCY
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
1J� DEPOSIT
PERMIT DP
C NUMBERDATE
AUG �
ASSI #7# A !6 rC l
The amount of.money described above is for Treasurer's receipt of above amount is approved. Receipt of above a unt is hereby
depo,'t into thl County T .,Bury acknowledged.
< nn
Signed: t ° f Date it
/ ) Signed: ' T.1 L; Signed: f
Ti l(} ; EXT. Dep County i Depir#y County Treasurer
D-34REV!(7-93) �
_ DEPOSIT PERMIT
OfflCfRTRVEZ,CALIFORNIA
TY AUDITOR-CONTROLLER
`
To o THE TREASURER:
RECEIVED FROM
CuP) r J C v-�s __ ORGANIZATION NUMBER
(tkgantmifoni
(Por Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. S TASK OPTION ACTIVITY AMOUNT
CCT
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EXPLANATION: TOTAL $ #
DEPOSIT
Deposit'vo sists of the following items
COIN and CURR $
CHECKS,M.Q,ETC.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT f �
PERMIT: D�+ � f
NUMBER -meg
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved: Receipt ofpbove amount is hereby
deposit,into a County .T usury acknowledge .
Signed:. Signed:
fitly: XI spu aunty,Avd' r Deputy.County Treasurw
D-34AW.(7-93)
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V
000649-9665 / 831000; G1107753, 500.00, RS 2690 Record of Survey
Map Check Fee, Jon B. Rogers, 3370-A McGraw Lane, Lafayette, CA 94549
000649-9665 / 831000: 61107754, $500.00, RS 2691 Record of Survey
Map Check Fee, James P. McClure, 1179 Glen Road, Lafayette, CA 94549
000649-9665 / 831000: 61107767, $LOOO.00, SUB 8549 Major Sub Plan
Check Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507
000649-9665 / 831000: G1107769, $23.490.00, SUB 8669 Major Sub Plan
Check Fee, Brookfield Ambridge, LLC, 5960 Inglewood Drive, Suite 200,
Pleasanton, CA 94588
000649-9665 / 831000: G1107772, J2,000.00, DA 0013 Drainage
Accelerated Review, Windemere BLC Land Company, LLC, 3130 Crow Canyon
#310, San Ramon, CA 94583
000649-9665 / 831000: 61107774, $2,000.00, DA 0009 Drainage
Accelerated Review, Windemere BLC Land Company, LLC, 3130 Crow Canyon
#310, San Ramon, CA 94583
000649-9665 / 831000: G1094033, $500.0 0, FC 607-02, J.P. Morris & Co.,
Inc., PO Box 560, Alamo, CA 94507
000648-9140 / 812100: 61107767, $-1554.00, SUB 8549 Drainage
Mitigation Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507
?c&F teft rt S.►,�t0
819800-0800: 61107771, $7,300.00, RA 1129 Sty, Windemere BLC Land
Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583
819800-0800: G1107773, $5,000.00, DA 0013 Performance Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA
94583
Development No. DA0013 (cross-reference Subdivision 7976)
Bond. SV9445
Premiums $15218.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance&maintenance, AND labor and materials)
1. OBLIGATION. Windemere BLC Land Company, LLC (Principal), as
Principal, and St. Paul Fire and Marine Insurance Company ( uty),a
corporation organized and existing under the laws of the State of Minnesota
and organized and existing under the laws of the State of 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. Faithful Performance, & Maintenance: Four Hundred Eighty-Seven Thousand and 00/100
($487,000) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus
B. Labor & Materials Two Hundred Forty-Sir Thousand and 00/100
( ►246,000) for the benefit of Two
protected under Title 15 § et seq. of the California Civil Code.
2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in Subdivision 7976, as specified in the Drainage Improvements Agreement, and to
complete said work within the time specified in the Drainage Improvement Agreement for completion,all in
accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for
Subdivision 7976,
3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors,
and persons renting equipment or furnishing labor or materials to them for said work and improvement,and
protects the premises from claims of such liens,then this obligation as to Section i-(B)above shall become
null and void; otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this bond; and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable
attomey fees fixed by court to be taxed as costs and included in the judgement.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 29, 2002 before me, S. McDonald, Notary Public, personally
appeared Cindy Thompson and David Evans, 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 person or the entity upon
behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
MC.SAM
#120M
omrflp CCU*
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 Officers Lennar Homes of California, Inc.
Cindy Thompson—Asst. Secretary
David Evans—Vice President
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. SV9445
Number of Pages: Two (21
Date of Document: Jul 26 2002
Signers (other than those named above): Patricia H. Brebner
C- IFCIRNIA ALL-PURPO% ,CKNOWLEDGMENT No.5007
State of California
County of O ange
On July 26, 2002 before me, Alexis H.Bryan,Notary Public
t
DATE NAME,TITLE of OFFICER-ao„"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H. Brebner
,
NAME(S)OF SIGNER(S)
personally known to me-OR- El proved to me on the bads 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 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.
"" RYA N' WITNESS my hand and official seal.
nr
or rn:ss pari t x zx
r
Oranga County
mXPi.{es.tar SIGNATURE P 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(S) TITLE OR TYPE OF DOCUMENT
{ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
M TRUSTEE(S)
[] GUARDIAN/CONSERVATOR NUMBER OF PAGES
0 OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON($)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
5-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,GA 91 3 9-7184
POWER OF ATTORNEY
.r7he 1ju (€
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Pahl Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
t
Power of Attorney No. 22775 Certificate No. (��j
1j„(
115
KNOW ALL HIEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the Taws of the State of New York,and that
St. Pagel Fire and Marine Insurance Company,St.Paul Guardian.Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the Taws of the State of Minnesota,and that Tinted States Fidelity and Guaranty Company is a corporation duly organized under the Taws of the State of Maryland,and I
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State oflowa,and that Fidelity and Guaranty Insurance Underwriters,
Inc.is a corporation duly organized i.nder the laws of the State of Wisconsin (herein collectively culled the "Companies"). and that the Companies do hereby make,
constaute and aapo;n1,
James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
Costa Mesa California '
of the City:>f______,_.._� ,State _ ��,their one and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the,nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signedand sealed this +th day of_ October 2001
I
Seaboard Surety Company United States Fidelity and Guaranty Company
St,Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
zl
1927 t _ yeas 1977 195i PI:,Trrt W.cA tMAN.vies Pr icent
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State of Maryland v
City of Bahilrore THOMAS F,.IIUI4KHGTS6,Assistant Secretary
Qn this nth Say of October 2001 ,before rue,the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibregtse,who acknowledged themselves to be the dice President and Assistant Secretary,respectively,of Seaboard Surety Company,St, Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seats affixed to the foregoing instrument are the corporate seals of $
said Companies,and that they,as such,being authorized so to do,executed the foregoi
I' is?ower of Attorney is granted under and by the authariry of the ioilowirg resoiutians adapted by the Boards of Directors of Bosons d Surety Cam pary,St.Pain
fire and �8arire Insurance Ct;mpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Comnnnany,and Fidelity and Guaranty Insurance Underwriters,Ine.on September 2, '1498,which resolutions are ow in Pun ItIrct and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of t_hc Company,ail bands,ulndertakiangs,contracts aa3d other instruments relating
to said hltsincss may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-;;act pursuant to a Power of Attorney issued in
accordance wit`?these resolutions, Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and or:behalf ofthe
Company,either by the Chairman,or the President,or any 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 sigarature of each of the'foregoing o t icers asci
the seal of tine Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attcrrey(s)-in-Fact for puMoses
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and subject to any limitations set forth thercin,any
{ sr:ch Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company,and any such power so I
j executed aye;certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
whicl-it is validly attached:and
RESOLVED FURTHER,that Attorrncy(s)-in-Fact shall have the power and authority,and,in any case, subject to the terms and limona ions of the Power of
Attorney issued them,to execute and deliver on bchaif of the Company and to attach the seal afthe Company to any and all bonds and undertakings,and other
writings obligatory in the natt:re thereof,and any such instrument executed by such Attonney(s)-in-tract shalt be as binding upon tete Company as if signed by an
Vxccwtive Officer and sealed and attested to by the Secretary of the Company.
Thomas F.fluibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St, Pan?Guardian Insurance Company,
St.Paul Mercury insurance Company,United States Fidelity and Guaranty Company.?�idelity and Guaranty insurance Company,and Fidelity and Guaranty Insurance
Underwriters,;nc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Com-pan-'es,w:nich is in full force
and eficet and has not been revoked.
3
26th Til
€4 1 ESTI4t£3�Y WHEREOF,1 hereunto set my isnot this day of 2002
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�i�� ,.. 'n �'9RaOR�T�;:�S s`'��ar{ o ��tFcq�3t� �� � ,t C ..•,,e.�.. `t
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Thomas E.Huibrcgtse,Assistant Sc,rcta,y
To veri, the authentecl y of this Power of Attorney,call 1-800-421-3880 and ask for the Power ofAt£orney clerk, Please refer to the Power of'Attorney numhen the
above-named individuals and the details of the bond to which the Power is attached.
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