HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-215 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 9, 2002 by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO..2002/ 215
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8154, 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
5154 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 5
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: 352409 March 1, 2002
Taxpayer's Identification Dumber: 94-369-15-16
CIJcw I hereby certify that this is a true and correct copy of an
Originator:
Public Works 214-9-02VS1JB 8154 B0-16.doc action taken and entered on the minutes of the Board of
Orlglnatar: Publio Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Pubic Works- T.Bell,Construction
Current Planning,Community Development
T-2/9/03(P1) ATTESTED: April 09, 20102
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 ,Deputy
RESOLUTION NO.2002! 2.1-5
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8154, being developed by Windemere BLC Land Company, LLC, San Ramon
area(District IIT).
BATE: April 9, 2002
WAGE 2
II. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 1112750 7769 February 27, 2002
Performance Amount: $63,200.00
Labor&Materials Amount: $32,100.00
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. 20021215
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 166463) 10 2,
Subdivision: 8154 Effective Date:
Subdivider: Windermere BLC Land Company—LIG— Completion Period: 1 year
pjVEL.,Q'_ER:WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By.LEN-OBS Windemere,LLC
CQNTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability Company
By:Lennar Homes of California,Inc.,
Maurice M.Shlu, Public Warks Director Managing Member
'1.
r
By.
(pdnt nano Otte) Mchwd Peterson"*4e e President
RECOMMENDED FOR APPROVAL:
By: WWV%4.A___/
{:tw )
Engineering servicds DIV {pant nom&Ode) non Larson Chief Financial Officer
FORM APPROVED. Victo . 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. PITIES&DATE. Effective on the above date,the City of County of Contra Costs,California,hereinafter called" .o to ,"and the
above-mentioned 6ubdivlder,mutually promise and agree as follows concerning this subdivision:
2. #PEN Subdivider agrees to install certain road Improvements(both public and private),drainage Improvements,
signs, street lights, ire 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 compplete said work and Improvements(hereinafter called"work"
the above completion period from date
hereof as required by the Caiifomla Subdivision Map act(Government Code§§66410 an 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
rulings made thereunder, and where there Is a conflict between the Improvement plans and the County Ordinance Code,the stricter
requ{rements shall govern.
3. IMPROVEMEI+IT Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Goa i. ' $1.0W.00 — us additional security,In the amount of$ ,which
together total one hundred percent(100%)o the estimated cost of the work, uch 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 performance under this Agreement and maintenance of the work for one year after its
completion end acceptance against any defective workmanship or materials or,any unsatisfactory performance.
B. For Payment: Security In the amount of$ 32,100.00,which Is fifty percent(50%)of the estimated cost of the work.
Such security is presented In the form of:
Cash,certified check;or cashler'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 therm 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§944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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 the work as complete
In accordance with Article 964.6,"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 UTABLISNMENT WORK. Subdivider agrees to perform establishment work for landscaping Installed under this
agreement. Sold 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. IMPROVEMENT PLAN W RF . Subdivider warrants the improvement plans for the work are adequate to accomlish the
work as promised In Section i as required by the Conditions of Approval for the Subdivision. If, at any time before the oard 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 WAIVER BY_CQUNZ. 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 Subdivider of his obligation to ful ill 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.
S. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section:
A. The In ti benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,o cars,agents,and employees.
B. The i i protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened
because of actions de nod low,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 sult(s),action(s),or other proceedings)concerning
said liabilities and claims.
C. Thecaul sintriia�ill are any act or 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 or willful misconduct of
any Indemntty.
9. T : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SUMLM. Subdivider shall set and establish survey monuments in accordance with the filed rap and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. : If Subdivider falls to complete the work within the time specified in this Agreement,and
subsequent extensions, or falls to maintain e 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 limited 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. INCORPORATIONJANNEXATION. 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. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
WU&d
O:\ alfa,g3vLAW&rren%-�obnmynsua 8t54 AG-30A doe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of (A C I�pr r�t a-,
County of C lmsy (�r� e�--
On K f�J)Ag �_.-92 before me, .�� y� r4�rd�ptia ott . ., pan DM NotAry to P i
Dat
personally appeared `
Nama(s)of Signer(a)
1' 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 4elshe/they executed the
DEBRA A SNERWpp� same in her/their authorized capacity(les),and that by
COMM.#1313562 � *~their signature(s)on the instrument the person(s),
orARr PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY Aor the entity upon behalf of which the person(s) acted,
COMM EXE'.SUZY 16,2W5'& executed the instrument.
WITNESS m7 and ffic' I seal.
Signature ofi Nota Pubtic
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(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Individual ❑ Individual
• Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner---❑ Limited ❑ General Cl Partner--❑ Limited L General
13 Attorney-in-Fact ❑ Attorney-in-Fact
El Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer is Representing:
01995 National Notary Association.8236 Rammet Ave.,PO.Box 7184•Canoga Park,CA 81309-7184 Prod.No.5907 Reorder:Cali Toil-Free 1-800.87&8827
COUNTY OF CONTRA COSTA t
`77DEPOSIT PERMIT
x - OFfItE QF COUNT'f AUDITOR-CONTROLLER ._ ' �'- fi4,' `
YCt 1
MARTINEZ,CALIFORNIA
12 TR RER:
IlECE11b'F
r
( ) ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105, °>
DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT
DP
J7 l-'9! ( LANt'_'K L7V1C7F. vv(r�.`"l C� 1rD ` 1-G 'J`� ��, 1c�Uivc
i
L is n IY1vNuiy\r Nr V-, �,LL✓ 1 +7 r; 00
U 15 '7 Y}}`�r� .tf�1En�7y �v � �� IV'W
S1g.l 5 n)d P r� ,�. 5,� q')3I - 50e)�2_ X 5 1
1= �
vor731 qS95 IN
�U Svc �yJUNL1;t� l�'7� = 0100 K-`�V �O1-til L� 5 � ;oc,
66)q5x-i ex:
!moi v� vvv 1 106
:XPLANATION: TOTAL
%.A'6 5 UC.5 ; -r C "1 % — C e�'`I l r r,3 DEPOSIT j dD
Deposit consists of the following items
COM and CURRENCY $
CHECKS,M.O.,ETC. $ 1' e
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
AS111E2x9 HRR
f
rhe amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby i
deposit into the County Treasury. acknowledged.
signed: Data 3 !'
J_ ,f Signed: i.. ;t.c.. S�gtledt�.` "... '"'.__..-' `-'::,i,�-°'v i..,•='. - �'
rttle:i i('7{ ( J)I� EXT. �t' Y Deputy oun y Audi# r uty County Treasurer
34 REV.j7-93j f ,, j
0649-9665 / 831000: G1091191, $59,715.17, DA0002, Inspection Fee, Windemere BLC
LandCo LLC, same as above
0649-9665 / 831000: G1091192, $100,000.00, SUB 8042, Inspection Fee, Shapell
Industries, 100 n Milpitas Blvd, Milpitas, CA 95035
0649-9665 / 831000: G1091193, $50,000.00, RA1107, Inspection Fee, Shapell Industries,
100 n Milpitas Blvd, Milpitas, CA 95035
819800-0800: G1091180, $40,000.00, E16241, Metropolitan Life Insurance Co, One N
Broadway Suite 500, White Plains, NY 10601
819800-0800: G1091184, $1,100.00, SUB 8152, Landscape Cash Bond, Windemere BLC
Land Co LLC, 3130 Crow Canyon ##'310, San Ramon, CA 94583
819800-0800: G1091185, $1,300.00, SUB 8149, Landscape Cash Bond, Windemere BLC
Land Co LLC, same as above
819800-0800: G1091186, SUB 8150, Windemere BLC Land Co LLC, same as above
Performance Bond $8,100.00
Landscape Bond $1,000.00 .
819800-0800: G1091187, 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: G1091189, $1,000.00, SUB 8158, Landscape Cash Bond, Windemere BLC
Land Co LLC, same as above .
819800-0800: 61091190, $1,000.00, SUB 8154, Landscape Cash Bond, Windemere BLC
Land Co LLC, some as above ,
819800-0800: G1091192, $66,440.00, SUB 8002, Shapell Industries, 100 n Milpitas Blvd,
Milpitas, CA 95035 .
819800-0800: 61091193, $19,712.00, RA1107, Shapell Industries, 100 n Milpitas Blvd,
Milpitas, CA 95035
2
Subdivision: SUB 8154
Bond No.: 111 2750 7769
Premium,: $221.00
IMPROVEMENT SECURITY BOND
FOR PUBLic R.icHT OF WAY LANDSCAPE.ACREEMENT
(Performance,Guarantee, and Payment)
(California Covernrrient Cade Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGItEEMEN - 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 1IL4 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(Fight of Way Landscaping),all in accordance
with State and local laws and rulings thcrcunder in ordcr to satisfy conditions for filing of the Final Map or
Parcel Map for said Subdivision.
2. OBLIGATION: Windemere BLC Land Company, LLC .asPrincipal,mid
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 hears, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and guarantee: sixty--Three Thousand Two Hundred ani t)/lot} Dollars
($63,200.00} for itself or any city assignee under the above County Subdivision Agreement,plus
B. Payment: thirty-T)Ko Thousand Caneundrr and f lOQ Dollars{S3U to secure the:}amts
TO which reference is made in Title XV(commencing with Section 3082)of Fart 4 of Division III of
the Civil Code of the Stare of California.
3. C DITION:
A. The Condition of this obligation as to Section 2.(A) above is such that 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
casts and included in any judgement rendered.
Bg The condition of€his 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 odwpersons employed in the performance of
the aforesaidagreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the'Unemployment 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 thereof; costs and reasonable expenses a-ad fees, including reasonable attorney'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 Part 4 of Division 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 ruin 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 fzu Cher 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.
SIGNER AND SEALED on February 27, 2002
PMCIPAL: Windemere RLC Land Company. LLC SLIPtETY: THE AMERICAN INSURANCE COMPANY
Address: 3130 Crow CanyonPi., Ste. 310 Address: 5 peters Canyon
Ci an 94583 City: Irvine . CA ZiP: 92606
By: By: . '
Print Name: Print Name: Patricia Brebner
Title: 0Q Q4Q Title: Attorney-in--Fact
WVU4
Y`a*o&MtP 0"CkWmrM%20*2%FCW rtYTJZ 5151 RN-12A WC
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/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
ALEXIS ti.BRYAN
commisstan#1-3os'r38 � WITNESS m hand and official seal.
7 ; Notary Public-California �
J
orange County
hjiy Comm Expires Jun 11 20,05 SIGNATURE OF OTARY
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 PANES
❑ OTHER:
SIGNER IS REPRESENTING. DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
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 redomesticated In
Nebraska. ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia B r ebn e r
of Costa Mesa., CA
their true and Iawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognisances or other written obligations in the nature thereof------------
and to bind the Companies thert*y as fully sad to the same extent as if such bonds were signed by the President,sealed with the corporateseals of the
Comparikis and duly attested by the Companies'Secretary,hereby ratifying and confurtning all that the sand s)-in-Fact may do in else pmmises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions ane now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Res"Ou adopted by the Board of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of Miarcit, 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 seal of the Compatuexs may be affixed or printed on any power of aaomey,on any revocation of any power of attorney,
or on any certificate 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 WITNESS 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 January 2001
M�•�,,'.,.°• ��,r,i•nh:, wr FIILEMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
sm a+s� I•a,�L! THE AMERICAN INSURANCE COMPANY
. • •
ASSOCIATED IlVDEMNCIY CORPORATION
t`o' `'•.,,',..••` ''Nis ` '+Nc`1""++v�' +rte+ AMERI UTOMOBIM INSURANCE COMPANY
STATE OF CALIFORNIASS. By `~` .�•
COUNTY OF MARIN } WA-Ptesitim
On this 30 day of January 2 0 0� ,before me Wally e�rme Dons R. Kw11see:k to the known,who,being by me duly sworn,did depose and say: that he is a Vice-Pres di entt 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.
ISEiSTIN A GA ZOU
COMM.012W=
worAaY ruatr,�"IFOraMN
MAFUN COUNTY A
M,cc4,maaol-�Apro 26,2W
r�
STATE OF CALIFORNIA 1 SS, CERTIFICATE
COUNTY OF MARIN J
I, the undersigned, Resident Assistant Secretary of each company, DO HEIIEBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked;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
7fd1•f.AitU v � r • • a III E.►L
�+ O `••'`•••• �6a� ** t �tlfel t� Resident Assistant
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Lz / ar~r't(a-
County of Lrr f(J psi rc�
On�bfiteylt r 'Cid_before me" iJm n L. r_�,
�J Date Name and Title of Officer(e. . Jane Doe,Notaryublic")
personally appeared 16)e k, Cy- s t`5 y1 ,
Name(s)of Signer(s)
personally known to me-OR--171 proved to me on the basis of satisfactory evidence to be the person.(s)
whose name(a) is/afe subscribed to the within instrument
.- DEBRA A.SHS~W{50 and acknowledged to me that he/sbe*ey executed the
0 COMM.# 1313562 ; same in his/herd authorized capacity(ies),and that by
NOTARY PUBLIC-CALIFORNIA r0 his/Ire�ir signature(s)on the instrument the person(&),
CONTRA COSTA COUNTY 0 or the entityupon behalf of which the person
(s) acted,EXP.JULY 1b,2005
AL executed the instrument.
WITNESS my hand officials al.
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:
Document Date: Number of Pages:
Signer(s) tither Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual ❑ Individual
D Corporate Officer O Corporate Officer
Title(s): Title(s):
0 Partner—Cl Limited Cl General 0 Partner—❑ Limited El General
13 Attorney-in-Fact 0 Attorney-in-Fact
El Trustee 0 Trustee
Q Guardian or ConservatorElm
El Guardian or Conservator
El Other: Top of thumb here El Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder;Call Toll-Free 1-800-878-5827