HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-213 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on April 9, 2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Clover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 20021 21.3
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8151, being developed by Windemere BLC Land Company, LLC, San Ramon
area(District III).
The following document was presented for Board approval this date for, Subdivision
8151 located in the San Ramon area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No, and Date: 382409 March 1, 2002
Taxpayer's Identification Number: 94-369-15-16
CUM I hereby certify that this is a true and correct copy of an
o:\GrpDatalEngsvc\Bo12002i4-9-0215UB 8151 Ba-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Pubic Works- T.Bell,Construction
Current Planning,Community Development
T-219103(P1) ATTESTED: April 09 2002
Richard A.Peterson
Windmere BLC land company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
3130 Crow Canyon Place,Suite 310 County Administrator
San Ramon,CA 94583
Patricia Brebner
The American Insurance Company
5 Peters Canyon
Irvine,CA 92606 By a Deputy
RESOLUTION NO.2002/_Z13
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8151, being developed by Windemere, BLC Land Company, LLC, San Ramon
area(District III).
DATE: April 9, 2002
PAGE 2
ll. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 1112750 7801 February 27, 2002
Performance Amount: $57,800.00
Labor&Materials Amount: $29,400-00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/213
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: 8151 Effective Date:
1.
Subdivider: Windemere BLC Land Company, LLC Completion Period: 1 year
PEYELCPER:WrNDEMERE BLC LAND COMPANY LLC;
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By:LEN-OBS Windemere,LLC
CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability Company
By:Lennar Homes of California,Inc.,
Maurice M. Shiu, Public Works Director Managing Member
r
By: C:✓ �.� Us teia+ •l
(print nuns Us)
Richard Peterson Vic $i ant
RECOMMENDED FOR APPROVAL:
r
By (Signature)
Engineering Services Division (print name a etre) Don Larson Chief Financial Officer
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§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the
above-mentioned SU divid2r,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider 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 subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following), 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
rulinggs matte 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 Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. dor Performance and Guarantee: $1,000.00 cash,plus additional security,In the amount of$ which
together total one hundred percent(100%)of the estimated cost of the work. Such additional security Is presented in the form of.
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees pperformance 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$. 29.4.00.00,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced In accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE A WARRANTY_OFWOM Subdividerguarantees 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 the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider 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 ESTABLI§LAMENT WORK. Subdivider 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. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMP]�OVEMENT PLAN WA.I3RANIY• Subdivider warrants the Improvement plans for the work are adequate to accompUsh the
work as promisedin Section 2 and as required by the Conditions of Approval for the Subdivision. 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO>WA IVER_fY CUIJNIY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or empioyee o the County indicating the work or any part thereof compiles with the requirements of this Agreement,or
acceptance of thew ole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider 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.
B. The i litl
protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened
because of actions defined be ow,and Including personal Injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any actor omission(negligent or non-negligent)In connection with the matters covered by
this Agreement and attributable to the Subdivider,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 subdivision,or has Insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent orwfilful misconduct of
any Indemnity.
9. Subdivider shall pay when due,all the costs of the work,Including inspections thereof and relocating existing utilities
required thereby.
10. . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Roa mmissloner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NO P�ERF_ORMAN AL3 COST Z: If Subdivider falls to complete the work within the time specified In this Agreement,and
subsequent extensions, alls to maintain work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not fimited to: engineering,inspection,
surveys,contract,overhead,etc.)Immediately upon demand.
Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs Incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation Incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXAT ON. If,before the Board of Supervisors accepts the work as complete,the subdivision 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 party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECOR[3 MAP, in consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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G:%GrpDalal6pSvolWorramiYOOMobnmry%SUB SW AG-VA.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of _ ^O rj)i+t i-n i c -
1 I
County of (-n pnsfrL.
On o,-IjCl, before me, ? 14
D to Name and Tote of Officer(e. .,`Jane Dae, aNtl�ryPublic")
personally appeared i r 0
r
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)*are subscribed to the within instrument
and acknowledged to me that /they executed the
same in his tter/their authorized capacity(ies),and that by
r DEBRA A.SNERWpOD hw/their signature(s)on the instrument the person(s),
D COMM.#131s5a2 S
0 NOTARYPUBUC-CAUFgRNIAIt or the entity upon behalf of which the person(s) acted,
CO COSTA COUNTY 0 executed the instrument.
COMM.EXP.JULY 16,2005-'
WITNESS my hand and official seal.
Signature of Notary Public
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: _s
Document Date: Number of Pages:
Signer(s) tither Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner--❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Pact ❑ Attomey-in-Pact
11 Trustee ❑ Trustee if++
E3Guardian or Conservator . r, . ❑ Guardian or Conservator
❑ Other: Top of thumb here El Other: Trip of thumb here
Signer Is Representing: Signer Is Representing:
&t 1995 National Notary Association+9236 Remmet Ave.,P O.tJox 7184+Canoga Park,CA 91309-7i 94 Prod.No.5407 Reorder.Coit 7oli•Pre9 1-800.876.6827
COUNTY OF CONTRA COSTA
't I019POSIT PERMIT z
,. • a:- �_Of'FICE OF COUNTY-AUDITOR-CONTROLLER ,_-'•- - T 6jV*}C�.� ! r1.�
"y
1Q fNE_TRER: MARTINEZ,CALIFORNIA
1tEC1< t�F x:
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator"s Bulletin
104
DESCRIPTION FUND/ORG AACCT. TASK PTION ACTIVITY AMOUNT
`1`)3 ! j;J L-La_ .5 �!v 0 i
. 161 HT/N 6 G-r'/3? t'G3 17 6) 1,
E; 19" 614545 P)d P F qq3I
15 I ) >N u t?I e N7- PES IJC.L}G 5 �0 R,!F
Su 8 �00,;� 0tV U rte t Nl er,6" � C�L3L31��I eil'1-D ki
t
)2 1,4 if 6-1_)g5'jq of 3i 7.51 06
0 50.16r 1194
151,
:XPLANATION: TOTAL $ , j t
(-7 { }/ r Cry /L' 1 c/3 DEPOSIT `7 a. ?(n
Deposit consists of the following items
COIN and CURRENCY E _ ~
CHECKS,Ma ETC. $7 0 1"G x36)
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNED
409 MAR 1 '02
Phe amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury, acknowledged }
iigned:� i t t� .. _Date
Signed' x
1001",of,- (' C ' f)Ill EXT. .3 Deputy oun YAudir
uty County Treasurer
M REV.(7-43) } 1 -f
0649-9665 / 831000: G1091191, $59,715.17, DA0002, Inspection Fee, Windemere BLC
Land Co. LLC, same as above
0649-9665 / 831000: 61091192, $100,000.00, SUB 8002, Inspection Fee, Shapell
Industries, 100 n Milpitas Blvd, Milpitas, CA 95035
0649-9665 / 831000: 61091193, $50,000.00, RA1107, Inspection Fee, Shapell Industries,
100 n Milpitas Blvd, Milpitas, CA 95035
819800-0800. 61091180, $40,000.00, E16241, Metropolitan Life Insurance Co, One N
Broadway Suite 500, White Plains, NY 10601
819800-0800. 61091184, $1,100.00, SUB 8152, Landscape Cash Bond, Windemere BLC
Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583
' 819800-0800: 61091185, $1,300.00, SUB 8149, Landscape Cash Bond, Windemere BLC
Land Co LLC, same as above
819800-0800; 61091186, SUB 8150, Windemere BLC Land Co LLC, same as above
Performance Bond $8,100.00 .
Landscape Bond $1,000.00
819800-0800: 61091187, SUB 8157, Windemere BLC Land Co LLC, same as above
Performance Bond $5,800.00 -
Landscape Bond $1,000.00.
819800-0800: G1091188, SUB 8151, Windemere BLC Land Co LLC, same as above
Performance Bond $3,800.00
Landscape Bond $1,000.00
819800-0800: 61091189, $1,000.00, .SUB 8158, Landscape Cash Bond, Windemere BLC
Land Co LLC, same as above .
819800-0800: G1091190, $1,000.00, SUB 8154, Landscape Cash Bond, Windemere BLC
Land Co LLC, some as above.
819800-0800: 61091192, $66,440.00, SUB 8002, Shapell Industries, 100 n Milpitas Blvd,
Milpitas, CA 35035
819800-0800: 61091193, $19,712.00, RA1107, Shapell Industries, 100 n Milpitas Blvd,
Milpitas, CA 95035
2
t
Subdivision: _SUB 5151
Bond No.; 11.1 2750 7801
Premium. $202.00
IMPROVEMENT SECURITY BOND
.FOR PuBuc RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
z.
RECITAL-OF SU8PPISI0N AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of'way landscaping,and other related improvements in Subdivision&15 1 as
specified in the Subdivision Agreement('Right of Way Landscaping),and to complete said work within the
time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance
with State and local;laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or
Parcel Map for said Subdivision,
2. OBLIGATION: Windemere BLC Land Company, LLC ,asPrincipat,and
The American Insurance Company a corporation organized existing under the laws
of the State of Nebraska , 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 it:
A. Performance and Guarantee: Fifty--Se = Thousand ]right Hundred and OUIt00 Dollars
($57,800.00 for itself or any city assignee under the above County Subdivision Agreement, plus
B. Payment: Toren, tv_N.ine Thousand Foui Hundred and 00/100 Dollars ($22AQ0.W to secure the
claims to which reference is made in Title XV(commencing with Section 3052)ofPart 4 ofDivision
M of the Civil Code of the State of California
3. CONN.OMON:
A The Condition of this obligation as to Section 2.(A) above is such than if the'above bounded
Principal,his or its 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 agreement and any alteration thereof made as therein provided,on is 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 costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as
costs and included in any judg=ent 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 otherpersons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials Rumished or labor
thereon of any kind,or for amounts due under the Uncruployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereat casts and reasonable expenses and fees, including reasonable anorney"s fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and 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 ofbivision 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition 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 subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby
given to make such alteration without fiurther notice to or consent by 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.
SIGNED AND SEALED on February 27, 2002
PRINCIPALS Windemere BLC Land CoM2anv LLC SUUTY. THE AMERICAN INSURANCE COMPANY
Address: 3130 Crow Canyog Fl.,Site. 3.0 Address: 5 Peters Canyon
Ciori Zi 914583 City: Irvine CA 92606
By: By:
Print Name: Print Fame: Patricia Brebner
Title: A OYHOPJ Vic Title: Attorney-in-Fact
WL-hd
�i Grpt�sttEnFStew.ereautXS2tFcen s nSL78 6159 Btu-12A Cot
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On February 27, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia 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/shelthey 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.
... .� ._
t. xls BRYAN WITNESS my hand and official seal.
Commission#1306738 7
a� Notary Public-California z r
' Orange County ltJ
' My Comm.CxpdreS Jun!,2005 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 CL=AIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
[:1 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNERS) ® LIMITED
GENERAL
ATTORNEY-IN-FACT
M TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
F� OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMP m
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomaticated in
Nebraska, ASSOCIATED IND0dNIT'Y CORPORATION, a California corporation, and AMERICAN AU OMOBUX INSURANCE
COMPANY,aMissouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia. Brebner
of Costa Mesa, CA
their taus and lawful Attorney(s)-in-Fact, with full power of authority hereby confcned in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognixances or other written obligations in the nature thereof------------
and m bind the Companies thereby as fully and,to the same extent as if such bonds were signed by the Wit,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and ccs all that the said Attamey(s)-in-Fact may do in the per.
This power of attorney is granted tinder and by the authority of Article VII of the By-laws of each of the Companies which provisions ares now
in full force and effect.
This Trower of attorney is signed and sealed under the authority of the following Resoludoo adopted by the hoard of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of Much, 1995,and said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the veal of the Compania may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any ccttificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WTITVESS WHEREOF,the Companies have caused these presents to be signed by their vice-President,and their corporate seals to be hereunto
affixed this 30 day of v January _-- -- , 2001
tie:err, ;,urn a„ I& FIRE.MAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
+ic.r# "'r ,,•,,: #' a, r$ ,,—•_, ASSOCIATED INI}Iil!►+INITY CORPORATION
u .»,.....• 'ger c�� `s`+wc"r"cba" +tt` AMERI UTirIMOBILE INSURANCE COMPANY
STATE OF CAL FORNIAB 04.4.1
COUNTY OF MARIN I SS' y vXV-President
On this -30day of _._ _ janUiar,y , 2 001,before me personally came Donn R Kolbeck
to roe known.who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed
the above instrument;that he knows the seals of the said Companies,that the seals affixed to the said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
r KRISTIN A tAZZt' U b
C COMM.012ftm
NOTARY FUNJtrC+V.1MrCMIA
WAN covtm 0
ray sourer. Apii err.moo+ t
N
STATE OF CALIFORNIA, SS. CERTIFICATE
COUNTY OF MARIN
I. the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY retrains in full force and has not been ttvoke:d;and furthermore that Article VII of the By-laws of each company,and the Resolution
Of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 27th day Of February 2002
sv
Off? *8 err �%!,1I19Q :
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Residrtu A.uijunt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of I_ a x)I��..
County of C CL_%_
Ontit (+�, Yj� before me, �)#g-.-Publie)
le Name ar d TINe of Officer{e.g.,°Jana Dae,Notaty
C
personalty appeared i r
Name(s)of Signer(s)
((personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persons}
whose names} is/are subscribed to the within instrument
and acknowledged to me that he/sheAhey executed the
t- DEBRA,q SH RWOOD same in his/hey#*jr authorized capacity(ies} and that by
{) COMM. 1313582 his/hertteir signature(e)on the instrument the person(s)
0CtTARY PUBLIC-CALIFORNIA
.� CONTRA COSTA COUNTY t? or the entity upon babel# of which the persons} acted,
COMMEXP,suLY fib,2C05executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Pu
OPTIONAL
Though the information below is not required by law, it may prove valuable to parsons 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 Mages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Titles): Title(s):
Partner—❑ Limited ❑General ❑ Partner--❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee p ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Tap of thumb here ❑ Other: Top of thumb here
3
Signer Is Representing: Signer Is Representing:
01895 National Notary Association•8236 Remmet Ave.,P.O.Box 7184 N Canoga Park,CA 81909.7184 Prod,No.5907 Reorder:Call Toll-Free 1.604-978-6827