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HomeMy WebLinkAboutMINUTES - 11062007 - C.12 c';10 TO: BOARD OF SUPERVISORS Contra-� ''—��' J' ' t FROM:: MAURICE M. SHIIJ PUBLIC WORKS DIRECTOR Costa DATE: November 6, 2007 Count v s�q-cooKr �] SUBJECT: Approve the Road Improvement Agreement for Windemere Parkway Phase V Wildlife Corridor, Road Acceptance 04-01164(cross-reference Subdivision 03-08510),for project being developed by Windemere BLC Land Company; LLC, San Ramon (Dougherty Valley) area. (District 11.1) SPECIFIC RLQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ 6.24'for Road Acceptance 04-01164 (cross-reference Subdivision 03-08510), approving the Road Improvement Agreement for Windemere Parkway Phase V Wildlife Corridor,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Road Improvement Agreement has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding storm drain improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. Coutiuued on Attachment: ✓ SIGNATURE: " _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE (S): ACTION OF 130 U DN & -e D 44 APPROVED AS RECOMMENDED OTHER V(�TG OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT_,410 P7-*-- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. L13:vz �� G:\EngSvc\BO\2007\11-06\130-15 RA 04-1164.doc ATTESTED:10de, OG_ o,,s•O Originator:Public Works(ES) Contact:T.Ric(313-2363) JOHN CULLEN, Clerk of the Board of cc: Public Works- Construction Current Planning,Conn,unity Development Supervisors and County Administrator T—September 6,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By , Deputy Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 North Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Patricia 1-1.Brebner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on Nove.rnber 6, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla,Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ G SUBJECT: Approving the Road improvement Agreement for Windernere Parkway Phase V Wildlife Corridor, Road Acceptance 04-01164 (cross-reference Subdivision 03- 08510), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Windemere Parkway Phase V Wildlife Corridor,Road Acceptance File 04-01164(cross-refcrence Subdivision 03-08510)property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company,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 constructing a storm drain for animals to cross under Windemere Parkway. 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: LB:vz I hereby certify that this is a true and correct copy of an action G:U ngSvc\130\2007\11-06\130-15 RA 04-1164.doc Originator:Public Works(Ls) taken and entered on the minutes of the Board of Supervisors ContactJ.Rie(313-2363) on the date shown. cc: Public Works- Construction Current Planning,Community Development 'r-September 6,2008 ATTESTED: Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 North Brand Blvd-Penthouse Suite Glendale,CA 91203 Attn:Patricia 11.13rebner By , Deputy RESOLUTION NO.2007/ 4 .Qe7z-�o SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Phase V Wildlife Corridor, Road Acceptance 04-01164 (cross-reference Subdivision 03- 08510), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: November 6, 2007 PAGE: 2 I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 438801 Date: February 3, 2005 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 11. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08745343 January 14, 2005 Performance Amount: $72,000.00 Labor&Materials Amount: $36,500.00 Principal: Windemere BLC land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOI UTION.NO. 0#71 f� s � ROAD IMPROVEMENT.AGREEMENT Developer: Windemere BLC Land Company,LLC Effective Date: Development: RA 1164(Cross Ref. SUB 85 10) Completion Period: O./year Road: Windemere Parkway Phase V Wildlife Corridor WINDEMERE BLC LAND COMPANY,LLC A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemcre,LLC, A Delaware limited liability company CONTRA COSTA COUNTY DEVELOPER Managing Member Maurice M. Shiu,Public Works Director By:Lennar Homes of Califomia,Inc.,Managing Member : BY u (signatu%Lochim, (print naVice Pres' entRECOMTt4ENDF.,D FOR APPROVALBy' (signatu Engineering Seryivisio (print name&tale)Paul J. n ces r,Asst.Secretary FORM APPROVED: Victor J. Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) l. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned Developer, 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 for this development 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to time County: A. For Performance and Guarantee: $ 1,000.00 cash,plus additional security,in the amount of$ 72.000.00 which together total one hundred percent(100%)of die estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. Willi 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. For Payment: Security in the amount of$ 36,500.00 which is fifty percent(50%)of the estimated cost of the work. Sucim security is presented in the fornm of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. Willi 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 securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts time 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. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT 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 the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvemetit plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. i 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;norshall 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. S. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. i � S B. The liabilitics-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,Rath,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable ai 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-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 damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS: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 procIeed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. 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 County stye 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. IL INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be. transferred to the new or annexing city. Such city shall have all the rights of a third parry beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (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 road(s)into the County-maintained road systern,after the improvements are complete. Other(requires County Counsel approval I, RlAw \\PWS4'\SHARDATA\GrpData\EnoSvc\Fomu\AG WORD\AG-24.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of IJTP`f V COSTA On7fl&1URtY 05.DD65before me,VflREN L.t�EC�1A1V.MarAK'l Pjfk%C_, Date �_ Name and Title of Officer(e.g..,'ane Doe.Notary Public) personally appeared � M y NN .� HLM PAUL— ENIAY-JE Name(s)of Signer(s) Ve personally known to me ❑ 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 KAREN L.-KEENAN acknowledged to me that hefshe/they executed ComrrkWon# 1378827 the same in Ngfilher/their authorized Notary pub#c -Codtorril capacity(ies), and that by hist(her/their Contra Costa County — signature(s) on the instrument the person(s), or My Comm.E)OresOct 7,2006 -• the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and official se Signature of NotaYy Pu is 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(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — _�] Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •`0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 COUNTY OF CONTRA COSTA - DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROL R TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM 1 +1 ORGANIZATION NUMBER `J J (For Cash Collection Procedures see County Administrators Bulletin 105.) DESCRIPTION FUND/ORG. UB. TASK OPTION AClTVITY AMOUNT 25 1 I f - J , 2 1 I 7 I r EXP NATION: TOTAL $ I (7l ' :+ -,1 DEPOSIT of the folloowing items CURRENCY a CHECKS Q ETC $ BANK DEPOSITS $ - FOR AUDITOR-CONTROLLER USE ONLY J. DEPOSIT PERMIT /i r% ! �r: .'•- I :lf,141NUMBER DATE 4�rrCr�i I V �• C a i r_e , �LS ASSIGNED amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a unt is hereby deposit into the County Treasury. acknowledged Signee�`d�.t.; "'., Ci �Jt.I..!.('.:►'.Doted T104 !: ,/ Signed. ( - 'I( jI EXT. ' - �J y ty County Auditor I gpOuty County Treasurer D-34 REV.(7 ? z �r COUNTY OF CONTRA COSTA l--_ DEPOSIT PERMIT �\ AFFICE OF COUNTY AUDITOR-CONTROLLER TC 1 SURER: MARTINEZ,CALIFORNIA j✓r v •j' RECEIVED FROM ORGANIZATION NUMBER } (For Cash Collection Procedures see County Administrators Bulletin 105.) DESCRIPTION FUND/ORG. �B TASK OPTION ACTIVITY AMOUNT ACCT" Zia 2 Lwy �f jilt �9 , 72 V.:� r• <.J:; v :` , r • !. I I EXPLANATION: TOTAL $ I DEPOSIT Deposit consists of the following iterns COIN and CURRENCY b CHECKS.M.O,ETC E BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER ,1 DATE I .I o-5 ASSIGNED The amount of money described above is for Treasurer's of abapproved Receipt f above amount' by deposit into the County Treasury t �: N Si } '' �y' ir',Z(' Dote s ;1.. : Signed: Signed:, TiEXT" '�'- y tI Deputy County Auditor Deputy County Treasurer D-34 REV(7-93) 819800-0800: G1160107, $1,000.00, RA 1164, Performance Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Road #500, San Ramon, CA 94583 0649-9665 / 831000: 61160105, $4,975.00, Sub 8943, Mat Check Fee Major, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1160106, $26,800.00, RA1166, Road Acceptance Inspection Fee, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 831000: 61160108, $6,250.00, RA1164, Road Acceptance Inspection Fee, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 831000: G1160109, $24,251.00, RA1173, Road Acceptance Inspection Fee, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 831000: G1160110, $4,000.00, FS 05-00025, Fee for Service, City of Oakley, A/P, 36369 Main St., Oakley, CA 94561 Executed in Duplicate Bond No.: 08745343 Development: RA 1164 (Cross Ref SUB 8510) Premium: $504.00 JMPROV EMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §5 66499 - 66499.10) I. RECITAL OF Ro.aD IMPROVEMENT AGREEMk.NT: The Drn cloper(Principal)has executed ail agiccmenr (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 1164 to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIC,ifION: _ Windetnere BLC Land Company. L.)-.0 ,asPrincipaland Fidelity and Deposit Company of Maryland ,a corporation organised under the laws of the State of Maryland , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Seventy Two Thousand and 00/100 Dollars (S 72.000.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Thirty Six Thousand Five Hundred and 00/100 Dollar ($ 36. 00.00 )to secure the claims to which reference is made in Title 15 §§ et seg. of the Civil Code of the State of California. 3. :.CONDITION: A. Th. Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, i • pr-.principal's heirs, executors, administrators, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said :1crment and any alteration thereof made as therein provided on it or its pan, to br 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; utherwise it shall be and remain in full force and effect. I i As pan ofthe obligation secured hereby and in addition to the face amount specified theretbre,there. shall be included reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the County ofjContra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any j udgemetrt rendered. B. The condition of this obligation, as to Section (2.8.) 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,subcorntractors,laborers,material men and other persons employed in the performance of the aforesaid age ement and referred to in the aforesaid Civil Code,for materials fun-fished, 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 Pan 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. i 4. SIGNED &ND SEALED: The undersigned executed this document on Jandary 14, 2005 WINDE14ERE BLC LAND.'-COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, al Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC. , a California PRINCIPAL: Corporation, its Managing Member SURETY. FIDELITY AND DEPOSIT COMPANY* Address: 25 Enterprise Address: 801 North- Brand. Blvd. , .Penthouse;StAte f City: Aliso Viejo , CA 92656 City; G1 dale, CA 91203 By: . ►✓�✓ By. Print Name: David E ns Print Name' Patricia H. Brebner: Title: Vice President; Title: Attorney-in-Fact *OF MARYLAND .now G,ZrpDaw%EniSvc\Fanns\8ni.wokD+BN•9 nae ru's*,.J?usim�x131.'2� � i I i j I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On January 18. 2005 before me, Dina Printy, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. D1NA PRI"TM ,. Commission#1453610 Ny c bliC -California otar .u orange county No 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer— Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 08745343 Number of Pages: Two 2 Date of Document: January 14, 2005 Signers (other than those named above): Patricia H. Brebner ('ALIFORNIA ALL-PURPOSE AOMOWLEDGMENT No.5907 loor— State of California County of Orange On January 14 2005 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) ® 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 ASHLEY K.WARD signature(s)on the instrument the person(s), or the entity upon 0Commission# 1483685 behalf of which the person(s) acted, executed the instrument. ` p ( )z :'ee" Notary Public-California Z %. �� Orange County My Comm.Expires Apr 16,2008 WITNESS my hand and official seal. SIGNATURE OF 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 OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C. ROGERS,Vice President,and T.E. SMITH,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint Patricia H.BREBNER,of Irvine,California, its true and law d ey t,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act al p takings and the execution of such bonds or undertakings in pursuan o ,s on said Company,as fully and amply,to all intents and purposes,as if th xe ged by the regularly elected officers of the Company at its office in Ba re heir r This power of attorney revokes that issued on behalf of Patricia H Se e The said Assistant c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- C any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEPps�f +tP1pj�f C. o c W � 4Wn /C . By: z4i zz_ T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland1 ss: City of Baltimore f On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �Nn �AD COu`' Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025M i EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the.Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." i I CERTIFICATE i I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called arid held on the 10th day of May, 1990.1 RESOLVED: "That the i facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,.shall.be valid and binding upon the Company;with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said-Company, i day ay of; Y 14th Januar 2005 Assistant Secretary I i i ;I i I I I i ZURICH THIS IMPORTANT DISCUOSM NOTICE IS PART OF YOUR IOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American insurance Cotnpany, and American Ouarantee and Liability Insurance Company are rruddng the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your per• PiselosuYg of Terrorism R remium Thepremium,charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $ waived,_. 7fhis amount is reflected in the total premium for this bond. Disclosure gj Avat!gbflity of Coverage for T-grE2gkw lAssal As requirtd by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting fi+oa►acts of uvrodsm(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Dladosure of EOer&l Share of Insurance CgrtoaBVs TMgrls-m Losses TM Tentorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share its ice company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid 10eses in t3ccess of as annual aggregate deduotible. For 2002,the insurance company deductible is 1%of direct earned psamitrm in the prior year; for 2003,7%of direct earned premium in the prior year,for 2004, 10%of direct earned Vmmium in the prior year, and for 2005, 15%of direct earned promiutn in the prior year. The federal share of an Iapautioe company's losses above its deductible is 90%.In the event the United States govemment participates in losses,the United States government nay direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. De Wflon of_A,ct ofJerrorlsm The Toamism Risk Insurance Act defuses"Lot of tatodsm"as any act that is cadfled by the Secretary of tke Treasury, b ooaounmee with the Secretary of State and the Attorney Qeneral of the United States: I. to be an act of terrorism; 2, to be it violent act or an act that is dangerous to human life,property or infiastrueture; 3, to have resulted in damage within the United States,or outside of the United States in the out of an al:carrier (aa defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States inoome tax is paid and whose insumce coverage is subject to regulation in the United States),or the promises of a United States misdoa;and 4. to have been committed by an individual or individuals acdag on behalf of any fortip person or foreign isttereat as part of an effort to coeroa the civilian population of the United States or to ItMuence the policy or shot tiro conduct of the United Stater 0ovemment by 000reion. Bin,no got shall be certified by the Secretary as an aot of terrorism if the act is committed as part of the count of a war declared by Coopess(except for wo* m'compensation)or property and casualty inaaraM losses resulting ftom the sloe,k the aggmpte,do not exceed$S,000,Q00. Theca disclosures are Informational only and do not modify your bond or affect your rIXhU under the bond, Copyright Zurich AtnMON inn Moe Compeay 2003