HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-217 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/ 217
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8158, 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
8158 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
G:tCi pData\EngSvc\Bd\200214-9-02\SUB 8158 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
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, 2002
Richard A.Peterson
Winamere 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
j-,A�
RESOLUTION NO.2002/217
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8158, being developed by Windemere BLC Land Company, LLC, San Ramon
area(District III).
BATE. April 9, 2002
PAGE 2
IL Surety Band
.Bond Company: The American Insurance Company
Bond Number and Date: 1112750 7744 February 27, 2002
Performance Amount: $15,500.00
Labor&Materials Amount: $8,250.00
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. 2002/217
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 66463)
Subdivision: 8158 Effective Date: " i 0
Subdivider: Windemere BLC Land Company, LLC Completion Period: 1 year
DEVELOPER 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 Dire Managing Member
r `
B L1� �� (signature
y� (printam) utle}
lhwband Peterson Vice President
RECOMMENDED FOR APPF`tOVAL:
1
% va6"
By: (Signature)
Engineering Services Div ion (print name a ode)
Don Larson Chief Financial Ofticer
FORM APPROVED: Victor J.Zistman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must oonform with the designated representative groups
pursuant to Corporations Code§318.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called" unty,,"and the
above-mentioned Subdivider,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 lihis, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required In the
Improvement p ans 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 complate 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
rulings made thereunder; and where there Is a conflict between the Improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENTS Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provideas security to the County:
A For Performance an • $I.QQO.00 cash,plus additional security,In the amount of$ which
together total one hundred percent(100% of the estimated cost of the work. Such additional security Is presented in t e rm 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 and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security In the amount of$ 8.250.00,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form o:
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 comTlete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§04-4.408 of the Ordinance Code.
d. GUARANIgg ANSubdivider guarantees that said work shall be free from defects in material or
workmanship ands all perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
In accordance with Article 86-4.6,"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 ESTABI-iSHMENT WQ 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. !WROVEMgNT PLAN YVARRANTY. Subdivider 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 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. NU WAIVER BY Q9 . Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee ol 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.
8. IND MMNIi: Subdivider shall hold harmless and Indemnify the Indemnitees from the liabilities as defined in this section:
A. The I m itl 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 protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de ned 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 liabilities and claims.
C. The actions cat#si_ng liabliity are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable utabie 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.
8. : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SUMYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County Road mmissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. : 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. Nj P _TION/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.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
WL1ad
i3 KGrpCato%En %tiWarren12 ZFsbrurry13t13 8158 AG4Mdoc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of all li 1cn I L
Counrtty of t� C"bti'�`�-'
Onh �,
i - before me, i
D to Name and Title of officer(e.g.:"Jane Doe,Nota Public")
personally appeared kd1' r �f'I `tl L �')r 4
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) Ware subscribed to the within instrument
and acknowledged to me that Se#Ae/they executed the
* DEBRA A.SHERWOOD same in hisft erltheir authorized capacity(ies),and that by
cot,J hk#1313582 Zk iiltheir signature(s)on the instrument the person(s),
NOTARY PUBLIC-CAIIfORNiA or the entity upon behalf of which the person(s) acted,
CONTRA COSTA COUNTY C}
COMM.FXP.JULY 16,2005 executed the instrument.
WITNESS my hand and official seal.
Signature of N tary 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) 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
El Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . . ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmat Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Cali Toll-Free 1-800.676-6627
. COUNTY Of CONTRA COSTA '
a
09POSIT PERMIT
'C4FFICEQi COUNTY AUDITOR-CONTROLLER
r MARTINEZ,CALPOR.NIA
r,
ORGANISATION NUMBER '
h t t 7 { pmt* —
(For Cash Collection Procedures see County Administrator's Bull$fiin 105 '
DESMPTION FUND/ORG. B" TASKCsPTION ACTIVITY AMOUNT
ACCT .
i '
.1 1 19 1 1 1 1 1 1 1 1i
OP 3oo #-99 PI-AN C'. 'V1t61C?C-
1",/5 )
so Ioz>
U f5C t�A5,E i�AP 1=-i. �, c/`)'� ! �;�L%t',�5 f;1/vviAxa
1
1 # 11 t?N U til t NT V-_ C - ( rL)(.r, q6� C L U 't Ti m i s
qq 3 l
fit 11111 111
aC# tv )}11�N tl13t ir�1i '� 1J1v5+t � 9-1 [ 1131 dd icy
tJ rY�% e . }"- GIG> ¢ i 9` 31 r' ,z),
1
,_
!XPLANATION: TOTAL $
Gr�11'C1 J DSPC}51T
Cj./
Deposit consists of the Wowing items
COIN and CURRENCY $ -r.
CHECKS,M.O.,ETC. $ ',
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT ['gyp .
NUMBER
DATE
ASSIGNS , 05 11 f .
rhe amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby f
deposit into the County Treasury. acknowledged.yf/
Sign$d: Stgfr$dY
title: '' efs { ( t(lr� EXT }' Deputy oun y Audi ty County Treasurer
34 REV.(7-93) 4),
'3
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 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
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: 61091188, 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, some 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: G1091193, $19,712.00, RA1107, Shapell Industries, 100 n Milpitas Blvd,
Milpitas, CA 95035
2
Subdivision: SUB 8158
Bond No.: 211 2750 77+4
Premiums $100.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC FIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66.462 and 66463)
1. RzCITAL. OF SUBDIVISION ACREFMElip 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 La 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 ordrr to satisfy conditions for fling of The Final Map or
Parcel Map for said Subdivision.
2. OBLICAIM: Windemere BLC Land Company, LLC ,ashincipal,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:Fifteen'T housand five Hundred and O /100 Dollars(S 1 JQ0.0_Q)for
itself or any city assignee under the above County Subdivision Agreement,plus
B. payment: Eight Thousand Two Hundred Fifty and 00/LO0 Dollars($8,250.00 to secure the claims
to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division M of
the Civil Cade of the State of California.
3. CONDITION:
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 aad 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 judgment rendered.
B. The condition of ibis 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 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 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 band shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)ofPart 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 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 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
PRINCIPAL: Windemere,BLC_Land Company, LLC SLWTY: THE AMERICAN INSURANCE COMPANY
Address: 3130 Crow Canyon PI., Ste. 310 Address: 5 Peters Canyon
Ci Zip: 94583 City: Irvine CA Zip: 92606
By: By: r
Print Name: r c A►OQQ '-*4-16-Q6QV6M Print Narne: Patricia Brebner
Title: sut-tatX1 "LT& -t' Title: Attorney-in-Pact -
wL.M
$159 SN-12A 4M
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of Calif'omia
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- E] 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 H.BRYAN
WITNESS my hand and official seal.
COtT11Tli:s:alOfi#1306736 .,, \14
z k� .,: � Notary Public-C64sfornie 7i, d
rh :a' t7rinc�eC=ounty
My Comm t:xpires Jun 1,2005 SIGNATURE OF qqTARY
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 TYKE OF DOCUMENT
TITLE(S)
[� PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
TRUSTEE(S)
0 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 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Parc,CA 91308-7184
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORA'T'ION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUCOMOBH E INSURANCE COMPANY
GENERAL POWER OF AMRNHY
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
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTONOBILE INSURANCE
COMPANY,a Mssouri corporation,(herein collectively called"the Companies")does eacb hereby appoint Patricia Brebrier
of Costa Mesa, CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their nacre, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the Presidmt,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 die premises.
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 are now
in full force and effect.
This power of attorney is signed and sealed ander the authority of the following Resolutiop 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 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 WITEREOR 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
�•o�t; ,uu,r `ti►u+a, �� } d� FIU&MAN'SFUNDINSURANCECOMPANY
#` ,� �.•`:.•...,,,e,+ w,+�.+r.rya � " a cl••-- NATIONAL SURETY CORPORATION
' THE AMERICAN INSURANCE COMPANY
y aen.Iwo '• �?
1`i tcaaa 'r • •` a;� ` ASSOCIATED I D CORPORATION
AMII21C
INSURANCE COMPANY
STATE OF CALIFORNIA SS. By `
COUNTY OF MARIN viae-ftsiaoac
On this_30 day of January 2 001,before me personally came Donn R. Kolbecic
to me 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 instrustent;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 WTWREOP,I have hereunto set my hand and affixed my official seat,the day and year herein first above written.
r K1tISTIN A.GAZZZOU D
0 COMM{.$1262M ,I
woe N �CYWixMANCOUNTY0
Q My camera M gi Apd 211,2004 1
K b'
STATE OF CALIFORNIA SS. CERTIFICATE
COUNTY OF MARINT
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY 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
09".311670
tt �i r •�is a� +� �• t. .s..-s
President Assistant
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of r r
County of — ('m. t�<r 2-)' :�_ 1
On r� °>—ftx—(tom �S5, x3 Y before me, r' tC-
J b to 7 Name and Title of Officer(e. .,"Jane Doe,Notjy Public')
personally appeared S 1(1)(-1.1'd ()
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/afe,subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/he eif-authorized capacity(ies), and that by
r CIEBRA A.SHE 13582 his/herftheir signatureon the instrument the erson s
- NOTARYPUBUC-CALIFORNIAQ or the entity upon behalf of which the persons}acted,
CONTRA COSTA COUNTY 0 executed the instrument.
COMM.EXP.JULY 18,2005'A
WITNESS my hand and official seal.
Signature of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying 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
C Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
Attorney-in-t=act ❑ Attorney-in-Pact
❑ Trustee * r D Trustee -
• Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here [] 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 1-800-878.6627