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HomeMy WebLinkAboutMINUTES - 01282003 - C6-C7 Recorded Carla�� '$Costa Co my of, cdr; CCONTRA COSTA Cc Recorder Office F,dbic Wo:°`_Ks STEPHEN L, WEIR Clerk Recorder L3epa :e7t eturee seed Division DOC— —0043985 Rez�:���e: —00 Public Works Depatt-ment Wednesday, JAN 29, 2003 11:20:28 Engineering Services Division FRE $0.0e Tt 1 Pd 0 a 00 Nbr-0001285840 THE BOARD OF SUPERVISORS OF CONTRA COST.COUNTY, CALIFORNIA Adopted this Resolution on January 28, 2003,by the following vote: A 'FS; SUPFVISCOS IIA, �IUKLMA, s G x��. A�1D l�ESA�3�I� NOES: NONE ABSENT: ?WJE ABSTAIN. RESOLUTION Oa 20031 43 SUBJECT: Accepting completion of improvements, Road Improvernent Agreement for Road Acceptance 1032(cross-reference Subdivision 7578),and declaring a certai=n road as a County load(Dorris Canyon Road), San Ramon area. (District HI) The Public 'Works Director having notified this Board that the innprovernents for load Acceptance 1032(cross-reference Subdivision 7578)have been completed as provided in the Road improvement Agreement with Toll Brothers, Inc.,heretofore approved by this Board; PE:rw G:\GroData\EngSvc\BO\2003\1-28-03\RA 1032 BO-42.doc Orighlator:Pub"ic Worcs(ES) i hereby certify that this is a true and correct copy flf aiii act' n Contact: Rica Lierly(313-2348) CC: P-oi:c Works -Tax I.L. 23-2417123,Accounting taken and entered on the FYiinates of the Board of Supervisors -'r.Beu,Construction Div. on the date shown. M.ValdeZ,M&T Lab -1'I.F31:C ,Maintenance Div. i. Be.g—o;Ma;, ng Div. T-12-28-04 ATTESTED, .JAMOARY 28, 2003 Recorder(via Clerk),then PW Engineering Services slle-ir Patel Div.Cm-imt1tr JOHN SWEETEN,Glee of the Board of Supervisors and CrIP,c/o AT County Adnninistrator CSAA-Carog National Fire-,'ns Co.o`Harford v t CNAPIaza y a a �_: r ty ¢ ,.__v... ,�e it Chicago,IL 50685 National,Fire ir.su=ce Co.of'-Iarbrd P.O.Box 8286 PEa aeipl-aa,PA 19101 iall Bre#te.s,Inc.(Norther,Caiffomia Division) i00 Park Place,Suite 140 San.Rsunon,CA 94583 To",Broti:e- inc. 3103 Philt.or.t Ave. I-mntirgdon,PA 19101 :SA Arlene Os--off P.O.Box 1787 Paoli,PA 19301 43 RESOLUTION NO.2003/ SUBJECT: accepting completion of improvements, Road Improvement Agreement for Road Acceptance 1€332(cross-reference Subdivision 7578),and declaring a certain road as a County Road("orris Canyon load), San Ramon area. (District M) DATE. January 28, 2003 PAGE: 2 NOW THEREFORE BE IT-RESOLVED that the improvements have been COMPLETED as of January 28, 2003,thereby establishing the six-month terminal period for the filing of liens in ease of action under said Road Improvement Agreement: ATE OF AGREEMENT-7 T SLTRETY April 20, 1999 National Fire Ins-c-irance Co. of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,400,000.10, Bond No. 193402336 issued by the above surety be RETAINED for tine six month lien guarantee period until July 28, 2003, at which tinge the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT 17U`RTHER RESOLVED that the widening of Norris Canyon Road is ACCEPTED and DECLARED to be a County road; the right of way was conveyed by separate instrument, recorded on September 13, 1999,in Book 415 of Maps at Page 4 of€Jff€cial Records of Contra Costa County, State of California. E IT FURTER RESOLVED that the beginning of the warrantyperiod is hereby established, and the $28,300.00 cash. deposit (Auditor's Deposit Permit No. 318564, dated August. 18, 1990 made by Toll Brothers,Inc. and the performance/mainter ance surety and rider for$420,000.00 Bond Flo. 190402336 issued by National Fire Insurance Company of America be RETAILED pursuant to the recuirements of Section 94-4.406 oftlie Ordinance Code until released by this Board. RESOLL'TIO O. 2003/43 Continental Casualty Company CNS National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania CINA Plaza A Stock Company Chicago,Illinois 6€3685 DECREASE RIDER To be attached and made a part of Bond No. 190402336 issued by the'National Fire Insurance Company of Hartford, (hereinafter called the Surety),on behalf of TOLL BROS., IN-C., (hereinafter called the Principal), in favor of:he COUNTY ESE CONTRA COSTA, (hereinafter called the Obligee),and sated the 27 TH Day of JULY, 1995. Ir.consideration of the premium charged for the attached bond and other gonad and valuable consideration it is understood and agreed that effective the 6 TH clay of JANUARY, 2003 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the scone is hereby decreased ftorn the sum of TWO MILLION EIGHT I-l:IJIN` RED THOUSAND AND NO/100 DOLLARS ($2,800,000.00) to the sum of FOUR HUNDRED TWENTY THOUSAND AND 'NO/100 DOLLARS ($420,000.00). R, is father understood and agreed that subject to all the terms, conditions and limitations of the attached bond,the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum.of TWO MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($2,800,000.00), or for any loss occ ing subsequent to said slate shall not exceed the sura of FOUR HUNDRED 7, WEN;TTY °I'-IO SANT3 AMD NO1100 DOU AaS($420,000.00). In no event,however,shall the aggregate liability of t-he Surety exceed the larger of the aforementioned sum- s, it being the intent hereof to preclude cumulative liability. Signed,sealed and dated this 6 TH day of JANUARY,2003. ATTEST. TOLL BROS.,INC. BY: a >ABO REBY AGREED NATIONAL EIRE INSURAll�CE COMPA'��Y OE HARTFORD COSTA, gp r d, (TITLE) DAEE I AN,e €T Y-IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ) SS. County of #� �" before me, A` ye �8 �� � Z` #s Name and Me of Ofifice?(e.g.,`Jane sloe,NotarXONVI, . I• j � personally appeared Mi €� I rne($)of Signer($) (' personally known to ;tee ❑ paved to me or: the basis of satisfactory evidence to be the person } hose name(sf is/a subscribed to the within instrument and acknoWedged to me that he/s /t iVy executed the same in hisll)4r/t it authorized THERESA r-.MAC NE€�����E���� capacity��, and that by his/. 4r/trA C#3MMIS s. #12657"41 signatureV, on theinstrument went the person , or NOTARY NBUG-CALEr i iiaf the entity :upon behalf of which the personkK) °g CO' Tl a a i�� L € , executed tl n �'at dkment. %OM.M.EXPIRES MAY 29,2'004� >s ,mrc 1 1/+ITN SS my hand and off€ciai seal Place N'Wa y SaaE Above Signature o€'Notary Pubo:c ti OPTIONAL Though the information be!ow isnot required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and f-ssa2tachment of this form to another document. Description of Attached Document Titie or°type,of Docurnent: DocurnenDate: Number of Pages: r' Signer(s)Other Than Narned above: Capacity(les) Claimed by Signer i S'igner's Narne: ❑ Individua i To,,of thumb here r ❑ Corporate Officer-®Title(s): F I ❑ Partner—❑ Limited ❑General I ❑ Attorney in Fact ❑ `trustee ❑ Guardian or Conseneator � 9 ❑ Other: Signer Is Representing: c• a 0 1,993 Na+.'!anal Notary Asscciaiion•9350 09 Swo Ave.,P.O.Box 2402>Chatswoedi,CA 91313-2402 Prod.No.5907 Reorder:C0 Foil-Free 1-900-87"827 ALI lA'ALiL-PURPOSE ACKNOWLEDGMENT State of PENNS VANTIA Cdunty of CHES R ENEOSROd On JANUARY—6, 2003 before me, NOTARY PUBLIC 9 DATE NAME,T,TLE OF OFFICER .G.,'JAW—DOE.NOTARY PUBLV personally appeared DANIEL P. DUNIGAN NAME(S)OF SiGNER(S) personally known to me ® O - prayed to me on the basis of Satisfactory evidence to be the person xwhos e* ishom subscribed to the within instrument and ac- knowledged to me that heftKaftW executed the Same in hls1XW4T9W authorized capacity(' ), and that by his1 - Sigrlature(s) on the instrument the p r onM, or the entity upon behalf of which the person(S) acted, executed the instrument. WITNESS ray ha d and official seals ARLFN a ;,,Gfi,Nut,'y PLA�k Pat*,U'itshe Gu4s-,y,PA SIGNATURE 6F NOTARY OPTIONAL Thougin the vete.below Is not required by law, It may prove valuable to persons relying on the document and could prevent sraudu ent reattachment of this toren.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ie INDIVIDUAL D. CORPOPATE OFFICER - - --- - TITLE OR TYPE OF DOCUMENT PARTNER(S) I WITED GENERAL _ ATTORNEY-IN-FACT NUMBER€3F PAGES TRUSTEE(S) GUARDIANICONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPR wSEN-n G- NAME OF?cRSON(S)OR FENT"(;ES) R T F ORD SIGNER(S).OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY A93C EATION-8236Ram t Ave.,P.C.00�7184>Canoga Pam CA 91309-7"84 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mere By These Presents,That.CC's T.INEI TA' CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corpopation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA;a Pennsylvania corporation(herein collectively called"the CCC Surety Companie),are duiy organized and.existing cti omQraor having their principal offices In•the City of*Ch€cago,and Mate of€€€€nois,and that they dna by virtue of the signature and sees herein iei ein affixed hereby Make,constitute and appoint Willism F.Simkiss,John R.Waite,Joh ,A.Sirnkiss,III,Daniel,P.Dungan,Richard J.Dec€cer,Indiviouaiiy of g=aol Pennsyl ori:a their true and lawfu. Attorney's;-in-Fact with fu€I poser aind authority hereby conferred to s€gr:,seal and execute for and on their behalf - bonds,undertakings and ether obligatory instruments of sim:!!'ar mature In Unlimited Amounts and td bind therm thereby as f i y and to the ea ns extent as if such instruments were signed by a dulyy auftt zed officer of their orperations and all the acts of said Attorney,pursuant to the author€ty hereby given are hereby ratified and confined, Thls Power of Attorney is made and executed;pursuant to and by authority of the By-Laws and Reso€utions,printed or,the reverse hereof,duly adopted,as indicated,by he Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused:hese presents to be signed by their Croup Vice President and their corporate seals to be hereto nixed on this 17th day of €ovember 2000 CONTINENTAL CASUALTY COMPANY NAT€ONAL FIRE INSURANCE COMPAN'Y OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 111r7D)\NN S EAL Olt �Mael�Gngller ��Group 1ce Freslder�t State of illinols,County of Cook,ss: Ori thls 17th. day of November 2 ,before me persona€€y came Michael Gengler,to me known,who,being by me duly sworn,d d depose and say:that he resides in the City of Chicago,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PEN14SYLVANIA described in and twitch executed the above instrument;that he knows the sears of said ccorpo dons;that the seals affixed to the said instrument are such corporate seals,that they were so mixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dead of said corporations.DIANEFAMMER Y "OFFICIAL. SEAL" of wh-As a 9117101 �® s My Commission Expires Saptember 4 7,2001 Diane Faulkner Notary Pubiic CERTIFICATE €,Mary A.'Ribikawskis,Assistant secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the power of Attorney herein above set forth is stir€in force,and further certify that the Sy-Lav and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof"I have hereunto subscribed my name and mixed the sears of the said cerposa*ions:his 6Tji day of JANUARY CONTiNE?�TAL CASUALTY COMPANY I` AT`i0'NAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READ€NG,FENNSYL`V°AVIA 'tis a SEAL 6�Y Vii, MapeA. RibikaWSSKIS Asslstartt Sev ry SNA INSURANCE COMPANIES NATIONAL FIRE INSURANCE COMPANY OF HARTFORD STA i Ei ENT OF ASSETS AND LIABILITIES December 31, 2001 ASSETS: Cash $ (22,163,625 Short-term investments fprinc paily U.S.Government ONigations; 404,777,073 United States Government obligations 707,232,412 Other public bends 255,414,271 Industrial and miscellaneous bends 527,312,000 Preferred stocks 110,642,500 Common stocks of affiliated companies 340,0265,673 Other common stocks 16,131,000 Real ate 0 Premiums and agent'balances in course of collection 78,395,4011 Premiums,agents balances and installments booked but deferred and not yet Tae 62,418,955 Accrued retrospective premiums 13,039,920 Accrued interest dividends and rents 16,270,365 0dhearAssets 168,651 757 Admitted,Assets �-----�,�78��3,702 Unearned premium reserve 300,399,356 Reserve for less and loss adjustment expense 1,053,654,1 Reserve for tastes,licenses and fees(Including federal Income tastes) 16,880,055 Other Liabilities 434 947 1 211 Total Uabilitles MBWM Capital paid up($2,000.00 par value, Shares authorized: 2,000,000 issued: 2,5€30 $ 52,20 ,0003 Surplus 720,x€143,056 Surplus as Regards Policyholders 772 243 056 Total Failure of items to acid to totals shown is due to round!n Stag of Illinois )ss County of Cook) On this 1 Oth day of April,2002,before me came Lawrence J. Boysen and Jerry E.Sliver,known to me personally to b;r�the Senior Vice President and thm Assistant Vice president,respectively,of u�e National Eire insurance Company of Hatord being fully sworn,certify and west that the fore omg statement is a true and correct.statement of the assets and liabilities of the said company as i e date shove in the statement Jerry O�Siwa, nt Vice res! ent 0 re_nce;,Boys r +enior i ePresi int 'otary . U 4Ic LISA R. w a'�RL� $ (nary Public,State or 1111n*18 Mir C4mrmazaan Expires 8,19103 THE BOARD OF SUPERVISORS € F CONTRA COSTA COUNTY, CALIFORNIA Adopted t1 is Resolution on January 28, 2003,by the fallowing gate: AYES: SUTERVISORS GIOIA, OILKENA$ GOER, GLOVER LN-ID OESX-U-1NIER NOES- NONE ABSENT. 0 N E ABSTAIN; N^-,'qE RESOLUTION NO. 2O03/ 44 SUBJECT: Approve the fifth extension of the Subdivision Agreement for Minor Subdivision. 11-91, Walnut Creek area. (District 1H) The public Worlics Director having recorrt ended that he be authorized to execute the fifth agreement extension which extends the Subdivision Agreement between Brennan OSrien and Darla Leibowitz and the County for constriction of certain improvements in Minor Subdivision 11-91,in the Walnut Creek area, through October 11, 2003; APPROXIMATE PERCENTAGE OF WOR COMPLETE: 0% ANTICIPATED DATE OF COMPLETION:: bate Spring 2003 REASON FOR EXTENSION: Most of the work consists of a drainage culvert. Intend to proceed after rains. IT 1S BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. ^r F:cw G:\C-pDedC-P.gSvc\BO\2003\1-28-03\MS edC-P.gSvc\BO\2003\1-28-03\MS 11-91 BO-1,2.doc 11-hereby ce--tfl fy that fais IS a true and correct copy of an action taken an Ong€nator: Public Works(ES) entered on the minutes of the Board of Super-visors on ffie date shown. Co:tact: Rich Lierly(313-2348) ATTESTED: �;A°`UARY 28, 2003 M. Cu a armnm T.Be!',Construction Development JOHN SWEETEN Clerk of the Board €lb Supervisors and Ccunty Cev�re�+t Pianr::ng,Cornnumizy i3eveloptxte^t v � P.Edwards,Lug,-*-eersng Senrices A(fir nista or T-8-::04 Drennan O'Brien and i£aria T eihowi� 32:Mw.-"-i to Drive � Walnut Creels,CA 94595 B — ' � ,Deputy ndermuty Co any of Califorria y 17780 Fitch,Suite 200 lnnr_e,CA 92914 L:23enrity Company of Cat4fo pia 3100 Oak Road WaL.ut Creek,CA 94596 RESOLUTION NO.20031 44 ry?l SI. BD SION AGREEMENT EXT NSI€ N Contra Costa County Development Number: Minor Subdivision 11-91 Developer: Brennan O'Brien and Karla Leibowitz a Original Agreement Bate: October 11, 1994 Stir Extension New Termination Bate: October 11,2€03 Improvement Security Security Tyre Security Amount i Cash.. 1.,008.00(1% cash, $1,000 Min.) Barad: 15,908.00 (Performance) S 8,45€1.00(Labor& Material) Bond No. (Date): 1514055 (August 31., 1994) a Surety: Indemnity Company of California c The Devutcper and the bonding company desire this Agreement to be extended t'hzough the above date;and Contra Costa County and said SLuety hereby agree thereto and acknowledge same. Dated: Z�`44 o ' O C€ NTINA COSTA COUNTY Developer's ygrgatureks) M., auriceM. ~iu, lic Works Director �� f3 �a. Printed By: Printed Address Developers Surety and indennity Cor.pan y By: Surety or a inane'al Institution En. _ung Services Division) 3100 Oak Rd„ Ste. 260 ` Walnut Creed C t Address T Attorney in racts Signatur"e (NOTE. Developer's, Surety Is and Financial Institution Is Signatures must be Notarized.) J cce?yn Y. Quirt Printed After Appmvdl Return to Clerk offre 3oac FQRAfAFP?0YEQ: ✓lctarl..Wsstmam CoUnUCOunse! _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of i .; ' �. :• OPTION SECTION 3 County CAPACITY CLAIMED SIGNER Can before aNe, 3 � Though statute daces ryast require the Notary to fW DATE ,,.-N xArr�,_.T�E OF OF-r au E.�,^.ANE rxaa,xoTARvav Esc^ in the data below,doing so may prove tr?valuabl to persons relying on the document. personally appeared ` s a s NAME S`OF SSGNER(S) i s NAME(S) ❑ � INDI'VIDTIAL � P e o ily o ❑a Wvjded to me on the basis of satisfactory evi nce to ❑ CORPORATE©FFICER(S) be t'ne person( whose rsme isr subscribed TZTr s(S) :'SA A [)ALMIL o the wit n ins rsent and a.,�owiedged to r o'?'rnlss- `s"� td ira ize execc;ed die same in ❑ it PARTNER(S) ❑ 0 LIMITED Notay P;.b:.c - Ca rn o, a rtt orsz d capacity( and that by ❑ 0 GENrERA' 1ontrc� Cast �.;�untl; s�ss� sig. ar ( or fn..astsc tie^##be ❑ 0 ATTORNEY-FNS-FACT E be sor�or t:e entity upon behalf of wbicn the ❑ 0 TRUSTEE(S) p sc:rac ed,execu tens ruiner+€ ❑ Gi ARi3IANICCINSER�%ATGR €a WITNESS shy hand anai•seal � ❑ � OTHER: #` if a t i s f zm <' SIGNER IS REPRESENTING: 3• ". j ST�-`MATURE 01 OSAl � {NAMM OF PERSONS)OR£h"r1'r�.'(:ES)) ❑0 adcnewledged to me that such co poratioi eiaecutcd the within ins€rumert pursualit to its by.4aws or a resoiutiion of its Board of Directors. F; "s OPTIONAL SECTION THIS CERTIFICATE MUST EE ATTACHED Title or Type of Document IC HE DOCUMENT AT Rl MT. Number of Pages f 7l gh the adjacent da€a is:got required bylaw,it may prove valuable Ila€e of Document E to persons reiy`ng on the document:t and could prevent fraudulent Signer(s)Othar^_Tuan Named Above ' re-attachment of`his form INSTRUCTIONS TO NOTARY 'i he folFo ng information is provided in an effort to expedite processing of the documents. Signatures required on doc Bents must comply with thi folloiiing to%e acceptable to Contra Costa County. I. F CIS ALL SIGMA''URES m Tl<e nave a^bd interest of the sigr:er should be wed or printed I3 ENEATH the signature. The name must ;.e signed exactly as it is typed or printed. IL SIGNATURES FOR IVIDUALS e The name must be signed exactly as it is printed or typed. The signer's interest in the property bars'be stated.. III. SIGNATURES FOR PARTNERSHIPS s Signing party roust be either a general partner or be authorized in wnting to have the authority to sign for and.bind the partetebglLp. IV. SIQTNATURES FOR CORPORATIONS F)ocu€ner is should be signed by two offi vers,one from each of the following two groups: GROUP 1. �a) The Chair of the Board b The president c,Any Vice-President GROUP 2, (a)The Secreta_7z b'An Assistant Secretary c The ChiefFinancial Officer d T he Assistant-Treasurer U signatures of officers frorn each of the above two groups do not appear on tthe instrut ent,a certified copy cfa resolution efttye Board of ,Directors authorizing the erson sigfsing the i_nstrtkment to execute 1nstru_ments ofthe type in question is required. A currently valid.power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the foifo%ring pfxase: "..,and ac owledged to me that such corporation executed tf e wilffiin instrument pursuant to its bylaws or a resolution of its Board of Directors." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 14o.6907 State of CALIFORNIA County of CO TRA COSTA On 0-1-07-03 before me, M. A. Atwater,Notary public DATE NAbtE,"rI TLE OF OFFICER e E.G.,""ANE JOE,NOTARY PUBLIC' personally appeared Jocelyn Y. Quirl, NAME(S)OF S!GNER(S) personally known to me -O m proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) :stare subscribed to the within instrument and acknowledged to rye that he/she/they executed the same in his/her/their authorized capacly(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 hard and official seal. SIGti3aYL•RE Or NOTARY OPTIONAL Though the data below is not required by iaw, it may prove valuable to persons relying on the docurne„t and could prevent fraudu€ent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 43TLE(S) El PART ERI ) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTE (S) GUARDIAN/CONS RVATOR NUMBER OF PAGES f OTHER: s f 3 t 's SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENT€TY(IES) � De°,re oilers Surety and Indemnity Co pxiy } S€GNER(S) OTHER THAN NAMED ABOVE f 1 I S-4067/GEEF 2/86 Q 1993 NATlONAL NOTARY ASSOCIATION<8236 Rsmmst Ave.,P.0,Box 7184•Canoga Parc,CA 91389-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 15725,'RV IN .,CA 92523 s(949)253-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND 1NDEMNI Tv COMPANY are INDEMNITY COMPANY OF CALIFORNIA,do each severally,but notointly,hereby make,constitute and appoint: ***FRANK R. OLSSONe CORDON J. Fl %CHER, JOG LYN Y. WIRT, JOINTLY OR SEVERALLY*** as tae true and lawful Attorney(s)-in-Fac,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and grantdrg unto said Attorney(s)-in-Fact, fu:l power and authority ,o do and to perform. every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but nese ving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-:n-Fact,pursuar'to these presents,are hereby reified and conf=..ed. This Pourer of Attorney is granted and is signed by facsimile under and by ar'liority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALiFORNiA,effective as of Novernber 1,2000: RESOLVED,that the Chairman of the Board,the?resident and any Vice President of the corporation,be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney lo exc ate,on behalf of the corporations,bonds,,ardertakings and contrac's of sure:ysh p;and that the Secretary or any Assistant Secretary of the corporations be,and cacti of them hereby is,authorized to a;est the execution of any such Power ofAttomcy; RESOLVED,FURT:HEIB,that the signatures of such officers may be affixed to any such bower of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attar zey or certificate bearing such facsi:ni:e signatures shrill be valid and binding upon tae corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to whichitis attac:aed. IN WITNESS WHEREOF, DEVELOPERS SiJR TY ANIS INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by°heir respective Executive ecce President and attested by their respective Secretary this g;,day of Novctrber,2€300. Bv. c aa,aeees°:s°ratnoe s W ANDDavid H.Rhodes,Executive+lice President /�'`• �PAh Ory � ��+ s o3S s 6® 7zt 857 By°;n/aitcrA.Croweii, Secretary a,-7 >t74yti° °�baY« y'i1 9r�` f 6I�b0Pe°°assssaszaaaa+0.�6�et STATE,'OF CALIFORNIA ) )SS. COQ.N'Y OF ORANGE On November 8,2000,before rhe,Diane J.Kawata,personally appeared David P.Rhodes and Walter A.Crowell,persona'siy=known:to me(or proved to rrre o=the basis of satisfactory evidence) to be the persons whose names are subscribed to the within inst-u-cent and acknowledged to nae that they executed the same i:'heir hither and capaci'ies,and that by their signatures on the insnutmcnt the entity upon bchaifcf which the persons acted,executed the instr<.:mcrt. WITNESS my hand and o`flciai seas. Signa tare r sa OR&NOECOUNTY CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNIT`! COMPANY OF CALIFORNIA, docs hereby certify that the foregoing Powcr of Attorney remains in full force ar,d has lot sheen revo=ked,and furthermore,that:rsc provisions of tho resolutions of the respective Boards o*D;rectors ofsaid corporations set forth it the Power ofAttomey,are in force as of the date of this Certificate. leis Cor if date is cxec,:ted i-the City of Irvirtc,Ca€i`crtaia,the _ day c` av i F � By David C.Lanc,Chief Operating Officer ID-1380 llOD)