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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-216 cell 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.2002/216 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8157, 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 8157 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: 1. 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 CUcw I hereby certify that this is a true and correct copy of an Originator: public o`ks(ES) 8157 Bo-16.dcc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Fie(313-2363) Supervisors on the date shown. cc: Pubic Works- T.Bell,Construction Current Planning,Community Development T-2/9/03(Pl) 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 ,Deputy RESOLUTION NO.2002/ 216 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8157, being developed by Windemere BLC Land Company, LLC, San Ramon area(District III). DATE: April 9, 2002 PAGE 2 II. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 1112750 7751 February 27, 2002 Performance Amount: $78,800.00 Labor&Materials Amount: $39,900.00 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. 2002/216 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: 8157 Effective Date: '' Subdivider: Wlndemere BLC Land Comaanv. LLC Completion Period: 1 year 12EYILOPER WINDEMERE 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 By: (signature) (print name n a • hard Peterson Vice President RECOMMENDED FOR APPROVAL: C)6�LBy: (signature) Engineering Services Divi (print name S tine) 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,Calffomia,hereinafter called"County,"and the above-mentioned Subdivid2r,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, stree# 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 compplete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the Califomla 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 rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMEROVEMEUI SEQURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A i ^ min $ of w Guarantee: $1.000,00 cash,plus additional security,In the e o amount of$ ,which together total one hundred percent(1001e)of the estimated costork. Such additional security Is resented in# n of: Cash,certified check or cashiers check. 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 and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Securiin the amount of$ 39.900.00,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 _ 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§94-4.4116 and§94-4.408 of the Ordinance Code. 4. QUARANTEE 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 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted Into the County road 5. PL NAT §TABLISd 4E ff AOR . 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. IMPROVEMEbIT_PLAN WaRRATY. Subdivider warrants the improvement plans for the worts are adequate to accomplish the work as promised in 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 WAIVER BY CQUNTY. 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 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. 6. LNDEMNiTY: 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 liabilities 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,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 ilabflitles and claims. C. The actIong gaUsIngliability 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 Indemnity. 9. Subdivider shelf pay when due,all the costs of the work,Including inspections thereof and relocating existing utilities required thereby. 10. 51MM. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Ro mmissloner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCENDA CO§M: if Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or falls to maintain the 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. INCORPORATION/ANNEXATION. 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. 19. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. wLUd 0-. iOmNtelErosyLAwamen%2OO2 obmw)ASUS 8157 Ali-WA.d= CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State ofd-Ij County of C-0 ri On L-h-Q'Ieyl) . )Ott) - before me, 1�AJ(23 U s�V- Ir N D�N , LwI le , DaW r� Name and Title of Officer e.g.,"Jane Do Notary Public") personally appeared `C'�16yu'A r�_r� C2 u1[� Qe)) Xzl-seni f 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 DEBRA k.SHE WWO0D and acknowledged to me that f efsk+e/they executed the V COMM.it`13135%2 same in bisA;er/their authorized capacity(ies),and that by COWRA COSTA COUNTY{�? g ( ) person(s), hfsfi�rltheir signature(s)natures on the instrument the COMM.EXP.JULY 16,2005-' or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Z,Ze(jcd - Signature of Notary Pu Iic 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 ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator moll"9071,10"LIM, ❑ Guardian or Conservator ❑ {Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: iCi 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.878-8827 COUNTY 00 CONTRA COSTA DEPOSIT PERMIT A C1i�FICE OF COUNTY AUDiT6p.-CONTROLLER TQ 11*TR RER° MARTINEZ,CALIFORNIA ` RECEIVED f t ' (S3i9animxwn) ORGANIZATION NUMBER V (For Cash Collection Procedures see County Administrator's Bulletin 105.j` DESCRIPTION FUND/ORG. Sulk ACCT. TASK OPTION ACTIVITY AMOUNT M1 $ P rI5 `}' 5 PEC 5 (. 0q`7 c-)o 9V3 j /'i D P 3&)o 1--99 Pl-AN /'k 0Vf R1gGC. �DCr�.51 �f'le�G' �. LCG%'I5 l r<e �4t�inc t 13 v i I Y10 N U tYti E N),F IwL5 UI c` k + 5 A P f i✓. L'ic)3 � S i•t ! L. 161 W 7-1 N C�t �. L`t •/ �j't; t; 7 0 it LA e) 1 5'l 0)0 N LI Ili E Wr P_t (��=()/�.> �o (�G ( I'IDS/ LY AI j 'SASE i AHP L U S g931 5r.� i51 1- 161R7' +lg67 tv'7.3171/ 9S15 ; !`7 St! S0a� i�1Nur11 c PJT �EE . L11>U(� it��t� KF I�LaS1 L`7 55o ,o�a ] till 11 1 I QLD ted 151, 00 EXPLANATION: TOTAL N,61 5(/e 5 _ 1'`� It I Cy7 /C7 J I`/3 DEPOSIT � Deposit consists of the fallowing items COIN and CURRENCY $ CHECKS,M.O.,ETC. $- BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DIa _ NUMBER DATE ASSIGNE� 8240-9 HAR '02 The 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. 'r Srgned � .j�jaF"Yt. Date / \ Signed: t.i..- s.gn�d ?' ::....•... . z. . Title:j.�i'1 Ao'T k 1 j)�j EXT r -,2 3�2 4! Deputy oun y Aud" _PqputySounty Treasurer 34 REV.(7-93) 0649-9665 / 831000: G1091191, $59,715.17, DA0002, Inspection Fee, Windemere BLC Land Co LLC, same as above 0649-9665 / 831000: G1091192, $100,000.00, SUB 8002, 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: 61091184, $1,100.00, SUB 8152, Landscape Cash Bond, Windemere BLC Land Co LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 1819800-0800: 61091185, $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: 61091188, .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, some as above . 819800-0800: G1091190, $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: G1091193, $19,712.00, RA1107, Shapell Industries, 100 n Milpitas Blvd, Milpitas, CA 95035 2 t ` Subdivision: S`UB 8157 Bond No.: 111 2750 7751 Premium. $276.00 IMPROVEMENT SECURITY BOND FOR PVBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66452 and 66463) 1. RECITAL OF Svnt3tvrSI0N AGREEW : 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 8157 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 taws and rulings thereunder in order to satisfy conditions for filing of the Final Mop or Parcel Map for said Subdivision. 2. OBLIGATION: Windemere BLC Land Company, LLC as Principal,and a The American insurance Companv ,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: SevenrN-Eight Thousand Eight Bur�dred and 001100 Dollars ($78,800.00) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: "I'himL-Nine Thousand Nine Hundred_and 001100 Dollars (S39.900.00} to secure the claim's to which reference is mane in Title XV(commencing with Section 3082)of Parr 4 of Division M of the Civil Code of the State of California. 3. CON : 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 perforin 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 for 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 attorneys fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgment 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 contactors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement 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 and fees, including reasonable artomey'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 stipulator 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)ofPar%4 ofDivision 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 further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Corte Section 2819,and bolds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on February 27, 2002 PRINCIPAL- Windemerc BLC Land Company LLC SURETY. THE AMERICAN INSURANCE COMPANY Address: 3130 Crow Canvon Pl., Ste. 310 Address: 5 Peters Canyon Ci OMC 34583 Ciry: Irvine CA 'p, 92606 i By: 13y Print N C. A T Print Name: Patricia Brebner Title: xLrrl'1C*)n..1�'c. Title: Attornex-in-Fact — WL-134 G+G* 34a EDSSrr%WaMc 2002\Ftbr4rynSUS$159 M12A Rot CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of ©range 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 HMF.-i WITNESS hand and official seal. ^" r} Cnrnmission38 Ai Notary Public- Celif�rnia `,. Orange County xSIGNATURE OF NOY my Comm. xres Jun , 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 Z 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-40671GEEF 2/98 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,as Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redornesticated 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 Brebner of Costa Mesa, CA their true and lawful Attorney(s)-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,recognizames or other written obligations in the nature thereof------------ and ----®_-- -_--- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of tate By-laws of each of the Companies which provisions am now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolutiou 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 March, 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 Companies may be affixed or printed on any power of attorney,on any revocation of any power of awney, 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 VIBEREOF,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 J an ua ry 200 l MC , , FUMMAN'S FUND INSURANCE COMPANY '°'►,, +` r `� " �., NATIONAL SURETY CORPORATION ' • r s �t THE AMERICAN INSURANCE COMPANY av'car,o ' �_._, ASS INDEMNITY CORPORATION cy ...:...•• 'Nee °*+re'Y`eo+` +>ts AMF�I UTC}MC)$11B INSURANCE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MARIN vres-t*resfaent On this 3 0 day of January 2 0 01,before me personally came Doan R. Kolbeck to ane 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 instrudtcnt;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 V;HEREOF,I have hereunto set ray hand and affixed my official seal,the day and year herein first above written. r KRISTIN A GAZZOU COMM.S1202M NoMAMN COU 1FGRNtA Mr omni.W*u Apia 2.2004 (3e��� "t H b' STATE OF CALIFORNIASS, CERTIFICATE COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of each company, DC? SHY 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 • {{R.3070 w � • • • ■S A t. y,fawrcf�' ~+►y +` � l� fro +�F� "A`""'•� �r .... tMrs c+�'� �awsrt"c°� Resident Assistant CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0 0 1 1 f0('Yl e_1 County of C-lf +i-YL ( Ls,+(&, before me, Date Name and Title of Officer(e.g.,'Jdne Doe,Nota ublic") personally appeared JA- , Names)of Signer(s) l personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(e) whose name(*is/.am subscribed to the within instrument and acknowledged to me that he/sley executed the .11- DEBRA A.SHERW®OD same in his/#ier}their authorized capacity(iee�,and that by 0COMM.*1313582 his/heMheir signature( on the instrument the person(4), NOTARY PUBLIC-CALIFCRNIA+Q or the entity upon behalf of which the erson acted CONTRA COSTA COUNTY� y p p (� , COMM.EXP,JULY 16,Zoos j executed the instrument. WITNESS my hand and official seal. Signature of Notary Pub 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 ❑ Partner—[I Limited ❑ General O Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee El Trustee cJ Guardian or Conservator ❑ Guardian or Conservator �;.. [] Other: Top of thumb here [1, Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No,5907 Reorder:Call Toll-Free 1-804-87&8827