HomeMy WebLinkAboutMINUTES - 09162008 - C.13 5E---L
TO: BOARD OF SUPERVISORS :=
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 20081 w//
SUBJECT: Approving the Road Improvement Agreement for Barclay Drive,Road Acceptance
06-01215 (cross-reference Subdivision 05-08950), for project being developed by
AvalonBay Communities, Inc., as recommended by the Public Works Director,
Pleasant Hill, (BART Station) area. (District IV)
These improvements are located near Treat Boulevard and Oak Road .
The following document was presented for Board approval for Barclay Drive, Road
Acceptance 06-01215(cross-reference Subdivision 05-08950)property located in the Pleasant Hill,
(BART Station) area, Supervisorial District IV.
A Road Improvement Agreement with AvalonBay Communities, Inc., principal, whereby
said principal agrees to complete all improvements,as required in said road improvement agreement,
within two years from the date of said agreement. Improvements generally consist of road
improvements.
Said document was accompanied by security to guarantee the completion of road
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 Board of
BB# Supervisors on the date shown.
G:\EngSvc\BO\2008\09-16\RA 06-01215 BO-15 FORM.doc —�
Originator:Public Works(ES)
Contact: S.Gospodchikov(313-2316) ATTESTE /(0�D/' �
cc: Public Works- K.Guruwaya,construction
T—June 16,2010 DAVID TKA, Jerk of the Board of Supervisors and County
AvalonBay Communities,Inc. - Administrator
100 Bridgeport Avenue
Shelton;CT 06484
Attn:Mark Forlenza
Travelers Casualty and Surety Company of America /�
One Tower Square By Deputy
Hartford,CT 06183
Atm:Mark W.Edwards,11
RESOLUTION NO.2008/ ���
SUBJECT: Approving the Road Improvement Agreement for Barclay Drive,Road Acceptance
06-01215 (cross-reference Subdivision 05-08950), for project being developed by
AvalonBay Communities, Inc., as recommended by the Public Works Director,
Pleasant Hill, (BART Station)area. (District IV)
DATE: September 16, 2008
PAGE: 2
L Cash Bond
Performance Amount: $9,500.00
Auditor's Deposit Permit No. DP 507508 Date: July 31, 2008
Submitted by: AvalonBay Communities, Inc.
II. Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number and Date: 105134925 July 10, 2008
Performance Amount: $943,900.00
Labor& Materials Amount: $476,700.00
Principal: AvalonBay Communities, Inc.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
RESOL UTION NO. 2008/�gl
* Cost Summary With Itemized Revenue for: RA0601215 - 04/18/2006 Thru 08/12/2008
Billing Account: 9649
08/1212008 Owner: MILLENIUM PARTNERS ACTIVE
Deposits: RA0601215
-$281.28 02/20/2007 JV073821
-$4,207.54 02/20/2007 JV073821 TRANSFER
-$1,098.56 06/14/2007 JV076243 TRANSFER
-$6,251.84 06/14/2007 JV076243 TRANSFER
-$15,598.60 08/13/2007 JV070481 TRANSFER
$32,480.00 07/31/2008 1243659 507508 DEPOSIT
Total for SCode 085H: $32,480.00
Total Fund 1123 $36,590.79
Fund: 8198
Description Deposit Amount Date Poste Journal# Receipt# Deposit# Rev Type
PBND TRUST 8198 PERFORMANCE BONDS $9,500.00 07/31/2008 1243659 507508 DEPOSIT
Total for SCode PBND: $9,500.00
Total Fund 8198 $9,500.00
i
Total Non-Restricted Funds: $36,590.79
RA0601215 Net Balance: $33,511.34
Related Applications
DP0203041 TRANSFER FUNDS FROM GP970001 TO DP023041 PER M.TOMS REQUEST
r
DP0403099 TRANSFER FUNDS FROM RZ023116 TO COVER FEES FOR THIS APPLICATION PER MAUREEN TOMS 11/29/2004
EL0520796 STREET CUT TO INSTALL UTILTIES AND CONSTRUCT IMPROVEMENTS IN RIGHT OF WAY
GP9700001 REF ACCOUNT RZ963047. UNDER REVIEW
RZ0203116 TRANSFER FUNDS FROM RZ963047 PER M.TOMS REQUEST
RZ9603047 REF.ACCOUNT GP970001
SD0508950 18 ACRE PROPERTY PROPOSAL TO SUBDIVIDE INTO 8 LOTS. 1-LOT 100 UNIT CONDOS, 1 LOT RETAIL, BALANCE OF LOTS
MIXED-USE RETAIL, RESIDENTIAL,OFFICE&PARKING
SP9700001 APPLICATION 1/3 COUNTY INTIATED;2/3 APPLICANT INITIATED.
Page 2
ROAD IMPROVEMENT AGREEMEN't
Developer: AvQ�oRB0.t/ COft xofii Effective Date:
Development: RA 06-01215 Completion Period: 2 years
Road: SGtrgkotCj 'Pf1Me
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER A4 m (y Com+rtuni4ties-•Znc..,
Julia R. Bueren.Public Works Director I - '
B 1>ignalure) x6l
(print name&lido �-e- J f n vi-
MIM
� ----
MAPPROVALENDED FOR APPROVAL
t 70
0�
By, ��fv Y �'p� ,ILaa1VM1'i
Enginceri 4 Services Division ouimllaln'slill,) jo0_ v\e. M. Lock-ridge-
FORM
I�S3\SiO.,.t StCIC-�0..vL�
FORhI.APPROVED: Victor J. Wesunan.County Counsel )
(NOTE: All sipanoes w be ucknuwledgcd, If Subdivider is incorporated.siguature>must
collronll With(lie designated wtimsentative groups plal'Saa111 to Colpfora lons Code S313.)
I. PARTIES S DATE.Effective nn the above dale,the County of Contra Costa.Califomia,hereinafter cal led"County,"and tlicahove-mentioned Develoner,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer 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 Iitrthis development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contrd Costa County Ordinance Code(including future amendment;thereto).
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from dale hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the CountyOrdinance Code and
rulings nlade thereunder:and where thele is a conflict between the improvement plans and the County Ordinance Code.the stricter requirements shall govern.
3. IMPROVEMENT SECURrry. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as socurity to the
County:
A. For Performance and Guarantee: S 9.500.00 cash,plus additional security.in the amount of S 943.900.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the f ann of.-
Cash.
f:Cash,certified check or cashiers check.
X Acceptable corporate suety band.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work I'or one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory perfomla ice.
B. For Payment: Security in the amount olS 476,700.00 ,which is filly percent(50%.)ofthe estimated coal oflhe work. Such
security is presented in the loan of:
Cash,certified check.or cashier's check
X Acceptable corporate surety bond. -
Acceptable irrevocable letter of credit.
With this security,the Developer guar unces payment to the contractor, to his subcontractors.and to persons renting equipment or furnishing labor or
materials to Orem or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the untounl securities
may be reduced in accordance with S94-4.406 and S94-4.409 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said Work shall be rice front defects in material or workmanship and shall
perfinm satisfactorily I'or a period of one-year fora and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6."Acceptance,"
of Ilse Ordinance Coda Developer agrees to correct,repair.or replace,at his expense,any defects in said work.
�y
The guarantee period does not apply to road improvements for private roads which arc not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perlbnn 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 otherpesl control and olher work determined by the
Public Works Department to be necessary io insure establishment of plants. Said plant establishment work shall be performed for a period of tine-year from and atter
the Board of Supervisors accepts the work as complete.
6. IMPROV EMENT PLAN WARRANTY. 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(fie 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 aeeomplish tine
work as promised..
7. NO WA I I ER BY COUNTY. Inspection of the work,andior materials,or approval of work and/or materials or statement by any officer,agentoremployee
of the County indicating the work or any par(thereof complies with the requirements of this Agreement,or acceptance or file whole or any part of said work audlor
materials.or payments.Therefor,or any,combination or all of these acts,shall not relieve the Developerol'his obligation to fulfill this agcement as prescribed;nor shall
the County be thereby be slopped from bringing any action for damages arising from the failure to comply with any of the terns and conditions hereof.
S. INDEMNi,rY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this pnnnise 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 clamage,inverse condemnation,or any combination ofthese,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said imprrventcnt plans or accepted the work as complete,and including the
defense of any quilts).action(s),or other proceedings)concerning said liabilities and claims.
C. The actions caush g liability ire any act or omission(negligent or non-negligent)in connection with the matters covertdby this Agreement and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged danmge resulted partly fonu any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when clue,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
IU. NON-PERFORMANCE AND COSTS:I f 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 pmceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incun'ed by the County iincluding,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should Courtly sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work.Developer agrees to pay,
all auomcy's lees,and all other expenses of litigation incurred by Conray in connection therewith,even if Developer subsequently proceeds to complete the work.
It. INCORPORATION/ANNEXAI)ON. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as ai 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 Developer.who shall fulfill all the terns of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hercoV..
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development.assuming it fully complies with other applicable regulations.
County agrees to accept the mad(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RLke
'.TiVS4'tSHARDA'tA':Grp6aanfingSre\Fonn.�AG WOR D'AG-2A.doc
Ree.March 21.2006
State of Connecticut
County of Fairfield
On August 13, 2008 appeared before me, Mark J. Forlenza, Vice President of AvalonBay
Communities, Inc., personally known to me to be the person whose name is subscribed to
the Road Improvement Agreement and acknowledged that he is authorized to execute the
Agreement.
1A Ll
Signature of N tary Pu' c
BETH MERYL DEITZ
Notary Public,.
MyC=mkision Expires April 30,2009
State of Connecticut
County of Fairfield
On August 13, 2008 appeared before me, Joanne M. Lockridge, Assistant Secretary of
AvalonBay Communities, Inc., personally known to me to be the person whose name is
subscribed to the Road Improvement Agreement and acknowledged that she is authorized
to execute the Agreement.
AiA huy I
, s
Signature of iv tary Pu is
BETH MERYL DEITZ
Notary Public
Expires`Aprrfl 30,2009,
Bond No.: 105134925
Development: RA 06-01215
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA 06-01215 to complete said work within the time
specified for completion in the Road Improvement Agreement, all in accordance with State and local laws
and rulings.
2. OBLIGATION: AyalO Qay CotwftuhifieS , ZhG• as Principal and
Travelers Casy(A( -y 111\A Surely COmpa tVd{AMgrt'ca ,acorporationorganizedunderthelaws
of the State of C-T' , and authoriT zed 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 as follows:
A. Performance: Nine Hundred Forty Three Thousand Nine Hundred and 00/100
Dollars ($ 943,900.00 )for itself or any city assignee under the above County
Road hnprovement Agreement, plus
B. Payment: Four Hundred Seventy Six Thousand Seven Hundred and 00/100
Dollars ($ 476,700.00 ) to secure the claims to which reference is made in
Title 15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly keep and perforni the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa 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 performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought.upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court, all 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 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on July 10, 2008
Travelers Casualty and Surety
PRINCIPAL: AvalonBay Communities, Inca SURETY: Company of America
Address: Address: One Tower Square
City: City: /Hajetfor_d. CTT 06183
By:
PrintName: L_
Print Name: Mark W. Edwards. I .
Title: Title: Attorney-in-Fact
:11tH'
G:G1j1Ua1a93npsacn,mn'13N WORD,,4.9.duc
�811wln 26.2005
Development: RA 06-01215
Bond No. 105134925
AVALONBAY UNITIES,INC, a Maryland corporation
By:`
Print Name: ff)nyV
Title: ' Vk Cj- Prt. 'I'u-, t
By:
Print Name: Jco'na Irl. LacJlc�nlCk.
Title: I15C isian SeaarP�O�nc_I
STATEOF
SS.
COUNTY OF a I Y ar On July 10 2008 before me, /,I ir" 11
jya
PERSONALJ
LY APPEARED OCK Toru Lnr( irdc, .
personally known to me (or proved to me on the basis of
satisfactory evidence)to be the person(s)whose narne(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the sante 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.
WITNESS my hand and official seal.
Signature oo'_��
This area for Official Notarial Seal
6ARBAEPd J SMITH
NOTARY PUBLhC
My OCM11OM EMPO=.31. ,Lb 10
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 Improvement Security Bond for Road Improvement
CO PORATE OFFICER Agreement
o TITLE OF TYPE OF DOCUMENT
TITLEIS)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 3
F-1 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: July 10,2008
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONISI OR ENTITY(IES)
AvalonBay Communities,Inc. SIGNER(S)OTHER THAN NAMED ABOVE
I0-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
. 1
M
STATEOF
1n ss.
COUNTY OF 1111/ (2 �Q/
On July 10, 2008 before me. (� ILMo 11 J. sm
PERSONAUN APPEARED t4(X-f l 1. EL 10_l7 Q`a
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which j
the person(s) acted,executed the instrument.
WITNESS my hand and official seal.
Signature U '�
This area for Official Notarial Seal
CARMENJ
NOTARY PUBLIC
MY COMMISSION E(NRES GOT,31, '�)b I�
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 Improvement Security Bond for Road Improvement
nX CORPQRATE 0):FICER Agreement
V IC'Q {ire IrOo�(-f' TITLE OF TYPE OF DOCUMENT
ITLEIS)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 3
n ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: July 10,2008
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME Or PERSONIS)OR EN71TV(IES)
AvalonBay Communities, Inc. SIGNER(S)OTHER THAN NAMED ABOVE
10.081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF ALABAMA
SS.
COUNTY OF JEFFERSON
On July 10,2008 before me, Donna Jane Austin
PERSONALLY APPEARED MARK W OWARDS 11
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by 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.
z.
WITNESS my hand and official seal.
Signature This area for Official Notarial Seal
Donna Jane Austin
MY COMMISSION EXPIRES: M L 31,2010
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 Improvement Security Bond for Road
❑ CORPORATE OFFICER Improvement Agreement
TITLE(S)
TITLE OF TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 3
Fxl ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
July 10,2008
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Travelers Casualty and Surety Company of America
SIGNER(S)OTHER THAN NAMED ABOVE
10-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company SL Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 218588 Certificate No. 002108478
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut.that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Mark W.Edwards,II,Ronald B.Giadrosich,Jeffrey M.Wilson,William M. Smith,and Evondia H.Woessner
of the City of Birmingham , State of Alabama ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory 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
ppeerr`metpiin any-actions�+ or proceedings allowed by law.
' 27th
IN WITNESS WHEREOF,the Com ave have caused this instrument tube siggned,an�d+t�he\ii corporate seals to be hereto affixed,this
day of April
.22 UU k �\�•`.�Y.
Farmington Casualty Comp ny' yy Sl.Paul Guardian Insurance Company
- Fidelity and GuarantyllnsurancefCumpany St.Paul Mercury Insurance Company
Fidelity and Guaranty InsuranccUnderwcirs,Inc. Travelers Casualty and Surety Company
Seaboard Surely Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
OI.SUar pyo.•• Stnr/Y f\RE6 �t.1t INyL\ "j 1•MSyyti't� p\.1Y 9ry° �'I•.-
�p(fe 4 O 9\\iJf JP,..........9 qJ P �IREEIWr/y -•O
OLV ~f` �LO * � � '9 ff°R F°P�>�i PL�. .'4�� rp L,R 6 •(
5 �n N�PORATED ri m �1 _ F'n v,tLORrOR9rf:n C
55-� t > 1951 N �
Ny �r J T� �`ORnEW� s�q`.;uc•.� 'is':'ix�Df P+r' RPa di r° �� f A!N
State of Connecticut By.
City of Hartford ss. Georg Thompson, enior ice President
On this the 27th day of April ,, 2007,before me personally appeared George W.Thompson,who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal TAO W w" y �rAik
My Commission expires the 30th day of June.2011. rOUBUG ; Marie C.Tetreault,Notary Public
NN Cfu�
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ' •�
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This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and itis
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice 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 Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-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 on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company,Travelers Casualty and Surett�5ompany-y4Americaiand United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the PoweAttomey executed by sard!Companies,which is in full force and effect and has not been
revoked. � �
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the-seals of said C�mpanies this 10th day of July 20 08.
Kori M.Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER'