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HomeMy WebLinkAboutMINUTES - 12142004 - C.20 TO: BOARD OF SUPERVISORS 00, 01, FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ][TATE: December I4, 2004 SUBJECT: Approving the Second Extension and Amending the Subdivision Agreement for Subdivision 90- 07535. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 668 for Subdivision 90-07535,approving the Second Extension and amending the Subdivision Agreement, for project being developed by Bruns Properties, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements are not complete and the Subdivision Agreement has expired. The developer,Bruns Properties, has renewed the Subdivision Agreement, amended with a bond rider and an additional cash bond to reflect the updated engineer's estimate. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will not be renewed and cash bond and security bonding will not reflect the current costs of the improvements. X Continued on Attachment: r,...-''. SIGNATURE: ,� ECOMMENDATION OF COUNTY ADMINISTRATOR l ——RECOMMENDATION OF BOARD COMMITTEE ,, -X PROVE OTHER SIGNATURE S �_,...' ACTION OF BOAO.ON DFCMRFR 14, 2()Pjc APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the xx UNANIMOUS(ABSENT_ V ) minutes of the Board of Supervisors on the AYES. NOES: ABSENT: ABSTAIN: date shown. os vanubiB �s( S14-o4,sD 90_07535 order.docnDiPlccWoikE) ATTESTED: DECEMBER 14, 2004 Contact: Frank Navarro(3i3.2264) JOHN 7 �+��y �-v -may cc: Public Works—T.Bell,Construction JOH SWEETEN, Clerk of the Board of Currentg,Community Development T—.rt;;y 17, Supervisors and County Administrator l'1,20 zoos Bruns Properties 239 Main Street,Suite E Pleasanton,CA 94566 �+y A.:Rosalyn Simon ,,/� Ins.rrance Company Blvofid., West By / r^` , Deputy 155 Treat Bivd.,#200 Walnut Creek,CA 94598 — Attn;Roberta Lehrman THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 14, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, f)-7SAUL IER AND GREENBERG NOES: NONE ABSENT: SUP.-`RVISOR FEDERAL GLOVER ABSTAIN: DONE RESOLUTION NO. 2004/ 668 SUBJECT: Approving the Second Extension and Amending the Subdivision Agreement for Subdivision 90-07535, Byron area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Bruns Properties and the County for construction of certain improvements in Subdivision 90-07535, in the Byron area, through September 17, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: September 2005 ♦ REASON FOR EXTENSION: Developer was unable to complete project. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. The following substitute security to guarantee the road improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Bruns Properties as principal in the form of a corporate surety bond and rider (Bond No. 1846676) dated May 1, 2002, and issued by Insurance Company of the West in the amount of$220,295.00 for faithful performance and$111,260.00 for labor and materials. JD:rm G:\CrrpData\EngSvc\3012004\12-14-041SD 90-07535 BO-12.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact. Frank Navarro(323-2264) 1� Shown. cc. Public Works—T.Bell,Construction Current Planning,Community Development DEt.,E ffiER 14 2004 T-July 17,2005 ATTESTED: > Bruns Properties 234 Main Street,Suite B JOHN SWEETEN, Clerk of the Board of Supervisors and County Pleasanton,CA 94566 Administrator Atte:Rosalyn Simon Insurance Company of die West 1575 Treat Blvd.,#200 Walnut Creek,CA 94598 AM:Roberta Leluman By— � ,Deputy RESOLUTION NO.20041 668 SUBJECT: Approving the Second Extension and Amending the Subdivision Agreement for Subdivision 90-07535, Byron area. (District III) DATE: December 14, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on September 17, 2002, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond and riders BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to retain the cash deposit(Auditor's Deposit Permit No. 386790 and 434403, dated May 21,2002 and November 10, 2004 (respectively), in the amount of$2,075.00 and$150.00 (respectively)). All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/668 CONTE COSTA COUNTY i Development t lkmber: Subd a#c "1 r Developer- Rms lades I Original Agreement Date: September III It ' 68coAd XMnift New'rermt on 1)9z-. SepW04r 17,205 buprovement Security Surety: Innrmm Compuy 61 tho West Bond Na. (Ante), 184"76(May 1,2002) cash., $=5180(1%924$1000 .) # $at& $220*29S.00(Perfbrmauee) 1 $111,260.00(Labor& a ial) T1a 1)eveUVer and ttw surety denim this Avemw to be exuded tbrough fm above d ,Ind C=ft Costa Co=ty and aid Surety baby afpe&=ta aid adsnowledge ume. Dated: t+1�J�+'�g��« &L. 2=i DateC tober.,�•28 20014 FOR CONTRA COSTA COUNTY 1'vf azrioe Ibi ubboWorlsDiracwr - Join Steinbach PrbAed MOM M. FOR APPROVAL.- / Arthur Dunkley By: Al, Prfuted .� n� . SLva) 239 Main Strut, Suite E Pleasantanx CA 94566 -- Addr=s Insurance Company c of the West TE. D +o;W% SurVIS and` Rand i SM Fkuna l utblr. t ##240 ln8�on00$ turesMUMbddV'O�.} Walneek, CAS 94595 PiwdM044"IVLWT, wm cbpw6wg � An=my in Form 54�Wt� Roberta Lehrman t:�nS�ed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisca SS. On October 28, 2004 before me, Antoinette D. Mitchell , Date Name and Title of Officer(e.g.,`Jane Doe,Notary Public") personally appeared Roberta Lehrman Name(s)of Signer(s) ® personally known to me proved to me on the basis of satisfactory evidence t, to be the person(e) whose name{r4 isles subscribed to the within €nstrument and acknowledged to me that 4e/she/ executed the same in 4Wherl4authorized ' capacity{+, and that by 4Wherlt Signature( on the instrument the persons) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand nd official seal. Place Notary Seal Above �M ure of oto Ei 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 Date: Number of Pages: Signer(s)Other Than Named Above: Capacity Claimed By Signer(Principal) Signer's Name: ❑ Individual Corporate Officer—Title(s)- Partner-❑ Limited ❑ General Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: No.OW2729 ICW GROUP Posner of Attiorney >Insurance Company ofthe West The Explorer Insurance Compstoy Independence Casualty and Surety company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized tinder the laws ofthe State ofArizom,and Independence Casualty and Surety Company,a Corporation duly organizer)under the laws ofthe State of Texas,(collectively referred to as the"Companies'),do hereby appoint SHARON I4 HARMS AND MELISSA A.DAVIS,S TACEY 11 OEN,KAREN SMITH-DILLONT ,ROBERTA LEIIl21'rIAN I ' their true and lawful Attorney(s)-in-Fact with authority to date,execute sign,seal,and deliver on behalf ofthe Compal les,fidelity and surety bonds,undertakings, i and other similar contracts ofsuretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001 f a*r'�ar4. 31F2 v� INSURANCE COMPANY OF THE 'WEST _ Q air I E 1-+• , THE TRANCE COMPANY£ kL SEAL INDEPENDENCE CASUALTY AND SURETY COMPANY OF John H,Craig,Assistant Seactary John L.Hannum,Executive'Vice President State of California County of San Diego Sg, On Tannery 1f,2001,before me Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instmment,and acknowledged to me that they executed the same in their authorized capacities,and that by 1 l their signatures on the instrument,the entity upon behalfofwhish the persons acted,executed the instrument. Witness any stand and official seal. NQMkIA PORTER I COMM—#12557745540 �t 4 iQ:f?At##3��t3fE�aC.CCI i 3J"FY;A f �� t�y f;c�s�rnt9axrosc�xgiedu '` i MARCH t t.20 04 cr #r Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adapted by the respective Boards ofDirectors of each ofthe Companies! 'RESOLVED:OLVED: 'That the President,an Executive or SeniorVice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Atton ey appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign, seal,and deliver an behalf of the Company,fidelity and surety bonds,undertakings,and other similar contrasts of suretyship,and any related documents. RESOLVED FLIRT F-k. That the signatures _ of tixd officers snaking the appointment,and tlYe signature of any officer certifying the validity j and current status ofthe,appointment,may be facsimile representations of those signatures,and the signature and seal:of any notary,and the seat>of the Company,may be facsfinffle representations ofthose signatures and seals,and such facsimile sentaiis s shall Have the same fore and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing;or photocopying." 1 CERTIFICATE ( I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Con4my,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in.full force and effect,:end has not been revoked,and that the above resolutions were duly adopted by the respective Boards ofDirectors of Companies,and are now in full force. IN WITNESS WHEREOF,Ihavesetmyl-4ndthis Z-,t 1 day of October XY1 John H.Craig,Assistant Secretary f I To verify the atiitherrticlty of this Power of Attorney you tray call 1-800--877-1111 and ask for the Suety Division. Piease refer to the Power of Attorney Nun ber, i the above named individual(s)and details ofthe bond to which t1u,power is attached. For information or filing claims,please contact Surety Claims,ICGV Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call($58)350.24f. P " OCT.18.2004 11:49AM CCC PUBLIC WORKS NO.625 P.4 CALIFORNIA ALL-PURPOSE ACKNOPt LE+DGEWN' State of ° c % '', OMONAL SECTION County of l CAPACITY CLAT74ED BY SIGNER On ,before me, °. F .. W s .t= T h � � Pt�iL"fit. ,. :�. atsv euun.tO* statute does not require the Notary to till �E in the data below,doing so may prove involuablo personallyr app r J 1 ''R is h:^} i to persons ralying on the doeument. tvaru las xi) Q INDIVIDUAL .porsonally known to fne-OR- C; provided to me on the basis of satisfaccouy O%ddence to 0 CORPORATE OFFICER($) f be the porsvn(s)whose name(s)Ware £tTt is subscribes#to the within insrrumeat and acknowledged to me that hetsltt/they executed Q PARTNER(S) ❑ LIMITED ROSALYN S1iitiON � the soma in hioedtheir gitltorized Comm.#t 1470445 capaeity(ies),and that by his/her/their ❑ GENERAL Cl ATTORNEYZX=SACT signatus*a)on the instrument the on(b)or } #t3vsft Can t tfic ontity upon behalf of which the person(s) CI '17it7S IES{S) sty Cum,€0at ttt,11,2tHSt "r''� ed.executed the instrument,_ 0 rXJARD€kN/C0N'SER'VATO`R i Fr `. ❑ OTHER; Z"d ao cisl'sds+� SIGNER IS REPRESENTING. 1 NaaM Or flrtR+iONCS)OR SNttaY(MS)9 St QPI�QTA$Y C1 aalmowledged to me tbat such corporWon exe ted the within in-ttumatrt pursuant to its by-laws ar a resolution of its Bond of Directors, OPTIONAL SECTION THE CERTMCATP.:MUST BE ATTACHED Title or"Type of Dooutomt TO THE DOCUMENT AT RSGRT, Nuinber of Pages Tbourh tltc a ucant data is not required by law,it may prove valuable Date of Clocurr t to persons relying on the document and could pteyer,t fmt1dulcm Signer(s)Other Than Named Above fe-auaa}rrnont of this fear INSTRUCTIONS_TQ NOTARY The following iaf= t1on is provided in an effort to expedite processing of the docurnents. Signatures required on documents must comply with th6 fallowing to be acceptable to Contra Costa Co=ty, 1 FOR ALL I N�RBS -The name and,interest of the signer should be typed or printed AMEAT14 the sisgnaature. Ilse name roust a signed exactly as it is typed or printed. It. SIGNAT' OR DMI'VIDUALS-The name must be sued exactly as it is printed or typed. The signer's interest in the property mast me smTec.. III. SSGNAT�=S FOR PART ERSMPS -Signing party must be either a general parbw or be authorized it writing to have the aunty to sign lot Effbiiia the partnership, IV. SIGNATLT FR CORPORATIONTS ocuments should be signedby two o seers,one from each of the following two groups. GRCItT 1, The Chair of the Board The President c Any Vice-President CIRC TJP 2. a The Secretary b An Assistant Secre any C The Chief Finanoiaf grocer d The Assistant Treasurer If signatures of officers from each of the above tworoups do not appear on the inatntment,a cenified copy of a resolution,of the Board of Directors authorizing the person signing tie instru=nt to execute instruments of the type in question is xequired. A currently valid Mower of attorney,motorized,wilt.suffice. Notarization of only one corporate siI namte or sig=tures from only one groups must contain the following phrase: "—and acknowledged to me that such corporation executed the within mstnunent pursuant to its by-laws or a resolutiot of its Board of Directors," OCT.18.2004 11:50PP1 CCC PUBLIC WORKS N().62C P.5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ENT r County of �v CArACrrY CLAMED BY SIGNM on before TT, ��� 71ough statute does not ruluire the Ne ary to(tll ern stn F. tr 0OFIRCEM0."SAND ZODWARY rur e° in The dine below,doing so may prove inyalvaible ' #, Y' w_ to persa»s relying on the doeumant. p wally aimpcased NAtauts)oN staNEW) CI INDIVIDUAL impersonally known to me-OR- Cl provided to rn�:on the'basis of satisfactory evidence w Q CORPORATE OFFICER(S) " be to person(s)whose nar*s)istare riri s{sl subscribed:o the within instrument and ROSALYN SIMON � ap) mowledged to Tne that be/sheAhey executed Q PARTNER(s) C1 LIM= Comm.#1470946 the same in hialhorlthair%u torized © (2NERAL N4M PDX-CAi FORMA c"ity(ios),and that by hislieerlthcir CC] ATTORNEY-IN-FACT moraotftklY ggrature(s)on the instrumenT the perswis)or Coma+.Expim fa.17.3o0t " a entity upon behalf"of which the peTson(s) 17 TRUSTEE(s) ✓ � 4,executed the Instrurnen Q GUARI}IANICONSERVA,TOR CI OTHER. hen and official sc c>vnMg OF Psusozwrisr OR Va°rtrrtM*} CI acknowledged to me that such corporation ezeoptcd fho within instrument pwrsusnr to its try-laws Ar arosolnon of its Board of Directors, orTl:oNAL sr.cnON THIS CERTIFICATE MUST BE ATTACKED Title or Type of Document TO THE DOCLrTtR#NT AT RIGHT. Number of Pages Though the adjacent data is not roquirrd by law,it may prove valuable Date of Document to persons relying on the docutnont and could prevent fra &lent Signcr(s)Other Than Named Above re-attachtnemn of this farm INSTIZtJCn0NS TO NOTARY The following information is provided in ars effort to expedites proceming of the documents, Signatures required on documents must comply with the foo viug to be acceptable to Contra Costa County, 1, FOR ALL SMNATMES - The n=e a=sd interest of the signer should be typed or printed BRnA R ttto signature. The name mus the—signed xactly as it is typed or printed, II. SICYNATURES FOR INDI '�VIDUA.I.S -''lie name must be signed exactly as it is printed or typed, The signer's interest in rhe property mulff5e stltecl, III. SIGHT ATURES FOR PARIS 'S-Sipug party roust be either a general party or be authorized in writing to have t ie` anthonty t+3 s3gFn—f -and-bind the jiastnership. N. SIGNATUF, CIZ Ct 'QI�.ATIt]�TS Voc,-uments Should a Signad by two ofricers,one€corn each of the following two groups: GROLT 1. (a)The fir of the Board (its}The President c Any Vice-president GROUP 2. ?dl Thee Secretary Art Assistant Secretary Time Chief Financial Officer The Assistant Treasurer If signatlzres of officers from each of the above twogrcups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A Currently valid povsrer of attorney,notarized,will slafEce. ?' otar3zation of only one corporate signature Of siguatu es from only one group,must contain the following phrase; "—and acknowledged to me that such corporation 4xec11ted the witMn instrument pursuant to its by-laws or a resolution of its .Board of Directors." _. SURETY RIDER To be attached to and form a part of Bond No. 9846676 Type of Bond: PERFORMANCE,GUARANTEE AND PAYMENT dated effective 05/01/2002 (MONTH-DAY-YEAR) executed by BRUNS PROPERTIES as principal, (PRINCIPAL) and by INSURANCE COMPANY OF THE WEST as Surety, in favor of COUNTY OF CONTRA COSTA (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing THE PERFORMANCE BOND AMOUNT TO: $220,295 AND THE PAYMENT BOND AMOUNT TO: $111,260 Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 10/28/2004 (MONTH-DAY-YEAR) Signed and Sealed 10/28/2004 (MONTH-DAY-YEAR) BRUNS PROPERTIES INSURAN OMPA OF THE WEST By: ri .� - -- (ATTORNEY-IN-FAS ROBERTA LEHRMAN S-0443/GEEF 20/99 _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco SS. On October 28, 2004 before me, Antoinette D. Mitchell , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Roberta Lehrman Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence 3 to be the person(c4 whose name(4) is/sr4 ,.n �, _ subscribed to the within instrument and acknowledged to me that /she/they executed t t. the same in 414lher/t4eiF authorized capacitykies}, and that by 4Wher/tl w.- signature(r4 on the instrument the person{43 or the entity upon behalf of which the person(f4 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Si tur 40fof ' u ' r �! 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 date: Number of pages: Signer(s)Other Than Named Above: Capacity Claimed By Signer(Principal) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-❑ Limited ❑ General ® Attorney-In-f=act ❑ Trustee Guardian or Conservator ❑ tither: Signer is Representing: STATE OF CALIFORNIA COUNTY OFALAMEDA }ss On November 22, 2004, before me, Rosalyn Simon, Notary Public, personally appeared Arthur W. Dunkley personally known to me on the basis of satisfactory evidence 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(s) acted, executed the instrument. WITNESS my hand and official seal. ROSALYN MON Comm.#1470945 its t rr NOTARY POW-CALO;ORN Atftd4Cofy '• Loam for"fwil 7,10pb " _._...... ......... ......... ..... .... 1.11.1 ......... ............ ......... ......... ......... ......... ......... ......... ...111.1. .. ......... ......... ......_.. ......... ......... ......... ......... . ...... .......... ......... ......... ......... ......... ......... ICW'GR©UP >Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW OW ALL MEN BY THESE PRESENTS: 1liat hisurance Company of the>.West,a Corporation drily organized under the latus of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws ofthe State of'Arizona,and hrtde ctulence Casualty and Surety Company,a Corporations duly organized under the lags of the Stam of Texas,(collectively referred to as the"Companies'j,do hereby appoint SHARON K.HARRIS ANIS MELISSA A.DAVIS;STACEY MOEN,KAREN IT'IIMILL QN,ROBERTA LEHRMAN their true and lawful A.ttomey(s)in-Pact with authority to date,execute,sign,seal,and deliver on behalf ofthe Companies,fidelity and surety#mels,undertakings, and other similar contracts ofsuretyshfp,and any related documents. IN WITNESS WHEREOF,the Companies hayeeccaused these presents to be executed by its duly authorized 6f3icers this l6th day of January,2401. INSURANCE COMPANY OF THE WEST A lobo . S L THE EXPLORER INSURANCE COMPANY �R9r 1< 1 WSEA « a "INS Ii'+DEP 'YllE14CE CASUALTY AND SURETY COMPANY �`P�',/jf { i John H.Graig,Assistant Secretary;. John L.Hannlum,Executive Vice President State of Cali&rftia County of Sari Diego ss Oil January 16,2001,before rite,florins Pouter,Notary Public,personally appeared John L.Haltom and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and:acknowledged to me that they executed the satire hi their authorized capacities,and that by i their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. l Witness my hand and official sea[. Nt�BI�lA��FZTI;R rt h#t t�sFY f°##3#it-t Ptifr}i?t4fR tt71 � +� too 3E Ca{<ECkk3FY mm xizrn >t f f FlG3 4 A X64 Norma Porter Notary Public RESOLUTIONS` This Power of Attorney is granted and is signed,sealed and notarized,with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards cf Dirrctors of each ofthe Companies.- `RESOLVED, ompanies.`RESOLVED, That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(a)named as Attomey(s)-m-fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,rutty be facsimile representations of those signatures,and the signature and seal of any notary,aid thee SW ofthe Company,may be facsimile representations of those signatures and,seals,slid such facsimile representations shall have the same force and effect as if manually affixed. The facsimile:representations referred to herein may be affixed by stamping,,printing,typing,or photocopying-" C$RTIFiCATE a is L the Undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in flrll force and effect,and has not been revoked,and that the above resolutions were duly adopted by the l respective Boards of Directors ofthe Companies,and are now in full€ori. j IN WITNESS WHEREOF,I have set my hand thi„2�01 dsy of Or-t ober 2~ r Jahn l-L Craig,Assistant Secretary a To verify the authenticity ofthis Power of Attorney you may earn f-80"77-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s3 acrd details of the bond to which the power is attached. Por information or filing claims,please con€act Surety Claims,TCW Group, 11455 El(Imino Real,San Diego,CA 92130-2045 or call(8U)350-2440.