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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-525 co; THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 10, 2002, by the following vote.- AYES: ote:AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5 2 5 SUBJECT: Approve the Drainage Improvement Agreement, DA 0013 (cross-reference Subdivision 7975)being developed by Windernere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date,Drainage Acceptance file DA 0013 (cross-reference Subdivision 7975), property located in the San Ramon(Dougherty Valley) >' area, Supervisorial District III. A drainage improvement agreement with Windernere BLC Land Company,LLC,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of sanitary sewer bridge improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 10, 2002 wL:ow JOHN SWEETEN, Clerk of the Board of Su ervisors and County c\ftDugv 4SVCt30\200z19-ia02\DA 0013 BO-20.&c Administrator p motor.Puwk Works(BS) Contact T.Pie(313-2363) cc: Pubic Works- T.Bell,Construction T—June 2003 WWcme BLC,LLC By Deputy Attn:Brian Olin 3130 Crow Canyon Place,#310 San Ramon,CA 94583 St.Paul Fire and Marine Insurance Company 333 City Blvd.West,#1100 (range,CA 92868 RESOLUTION NO.2002/ 5_25 SUBJECT: Approve the Drainage Improvement Agreement, DA 0013 {crass-reference Subdivision 7976}being developed by Windemere BLC Land Company,LLC,San Ramon(Dougherty Valley) area. (District III) DATE: September 10,2002 PAGE: 2 I. Cash Band Performance Amount: $5,0100.00 Auditor's Deposit Permit No. DP391O77 Date: August 7, 2002 Submitted by: Windemere BLC Land Company,LLC Taxpayer identification number: 94-329-15-16 II. Surety Band Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: SV9445 Performance Amount: $487,000 Labor&Materials Amount: $246,000 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20102/525 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /d� L � ss. County of _ On AL4JAegA Q D , before me, - & ,,( Date Name and Titl of Officer(e.g.,'Jhns Doe,Notary P ") personally appeared -4- Name(s)of s er(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) R/are TRACI R. RANDALL subscribed to the within instrument and CommLulcin# acknowledged to me that be/sem/they executed Notary PUbk-califor7da � Alameda County the same in hfi/ljf/their authorized WComm. Nov 19,2M3 capacity(ies), and that by ll) ftr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. m my hand and-official seal. ea Pltu 417 Jid Place Notary Seel Above Sig ature 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 Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): El Partner—❑ Limited ❑ General Attorney in Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association"9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1.800-976.6827 sxirV7ss t'��Cf�t1 tl OFFICE OF Coww AwITOR.CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVW FROMPu L L --,t �5 ORGANIZATIONNUMBER (For Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION FUND/Olt C� TASK OPTION ACTIVITY AMOUNT $ i " -L6 � I I I I I I L-A--Lhj�(Z r - �, ► 0 V, (k Is l i l`lJ r `> l/ ► Xy-W N zz9�6d (` E b. BiL13, I I J�l I I I �l t I t I I I I I � t t i EXP ANA:3'iON: r. Y + TOTAL $ DEPOSIT. ✓ i . � ` C��/ it consists ofthe follovii►vg►terns JIC t +� COIN and CURRENCY $ 4150 °' o ( ", – ��� CHECKS,'MO.,ETC. $ Vo-Tr E- "` `- BANK DEPOSITS $ -- C> � 7��C�.`� � tr' C)&03 A0 ! �� FOR At1[}iFi'�t-CONTRC+EEER USE ONLY DEPOSIT PERMIT, DP - NUMBER .=077 AUGLEIN!—,..,.._ The omouht of.money described above 4 for Treasurer's receipt of above amount is approved. Receipt of above is hereby dspot into Caunty T Bury. aclmoxrtadgZd Dote�r,( Tats 1 C EXT 'r ed: County Dapiity.Coi t ty Treasum D-34 REV(7-9-7J G Z1 t� /44A44L,, t > 1 �.w 011P OSIT FIRMIT (/ ` OpmE*bF AUDITOR-CONTROLLER 70 THE TREASURER: MARTINEZ,C ALFORNIA REawl.w FROM _ l ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's BuNtin 10&) DESCRIPTION FU►D/ORa AWI TASK OPTION ACTIVITY AMC►lfW CCT r1 . 3w 16C ! - r I r 3 r 1 r 1 r r r ! r r i 1 } } 1 i EXPLANATION: TOTAL ! DEPOSIT Deposk-aaaOsts of the Qpng hems COIN aril CURa $ CHECI(S,M.(:t,ETC. BANK DEPOSITS $ FOk AUDIT611-CONTROLLER USE ONLY DEPOSIT PERNT: NUMBER -meg DATE. / - ED The csamr ©f nmey descrberd&"is for Treosurer's receipt of above or*rvt is d' Receipt o bme amount is hereby dep .onto County T ur)i acknowledge. d '. A, Tule: <` 22 .; oyhfy Deputy.County..T . D-34 REY,(7-4'j ,: M 000649-9665 / 831000: 61107753, $500.00, RS 2690 Record of Survey Map Check Fee, Jon B. Rogers, 3370-A McGraw Lane, Lafayette, CA 94549 000649-9665 / 831000: 61107754, $500.00, RS 2691 Record of Survey Map Check Fee, James P. McClure, 1179 Glen Road, Lafayette, CA 94549 000649-9665 / 831000: G1107767, $1.000.00, SUB 8549 Major Sub Plan Check Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507 000649-9665 / 831000: G1107769, $23.490.00, SUB 8669 Major Sub Plan Check Fee, Brookfield Ambridge, LLC, 5960 Inglewood brive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: 61107772, $2,000.00, DA 0013 brainage Accelerated Review, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 000649-9665 / 831000: G1107774, $2,000.00, DA 0009 Drainage Accelerated Review, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0006497-9665 / 831000: G1094033, $500.0 0, FC 607-02, J.P. Morris & Co., Inc., PO Box 560, Alamo, CA 94507 000648-9140 / 812100: G1107767, $1,554.00, SUB 8549 Drainage Mitigation Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507 vkxr- CAS*t 1,%—D 819800-0800: G1107771, t7,300.00, RA 1129 Suety, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1107773, $5,000.00, DA 0013 Performance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Development No: DA0013 (cross-reference Subdivision 7976) Bond: SV9445 Premium: $1,218.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AND labor and materials) 1. OBLIGATION: Windemere BLC Lend Company, LLC (Principal), as Principal, and St. Pawl Fire and Marine insurance Company a corporation organized and existing under the laws of the State of Minnesota and organized and existing under the laws of the State of 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, Faithful Performance, &Maintenance: Four Hundred Eighty-Seven Thousand and 001100 ($487,000)for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor&Materials: Two hundred Forty-Six Thousand and 001100 ($246,000) for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Subdivision 7976, as specified in the Drainage Improvements Agreement,and to f complete said work within the time specified in the Drainage Improvement Agreement for completion,all in I'< accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Subdivision 7976. 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions Ii of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. ' 3. CONDITI 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 attorneys fees, incurrect,by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement 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 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 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 Vf 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 remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification ofsaid 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. S19NEQ AND SEALED on July 26,_ 2002 ST. PAUL FIRE AND OMKE WINDEMERE BLC LAND COMPANY, LLC its Wager By By.- K_'Liz_ Address� Address 333 City Blvd. West, #1100 y thoin 0" MMLk Lary Orange, CA 92868 e 300 Cr-W an on SUA ~.~.~~�^_~__-__- -__ ___--' __ - - - GAG DSUNT& ~ DRAIN LMPROVEMME AGREEMENT Subdivision:vision: Effective Dater Deve,)per: �Yindg=e Q=&UL LLCCompletion Period: X year DEV ELOPEt -WINDEMERE BLC LAND COMPANY LLC, TH&r-E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONi3TA CO-UM Delaware limited liability company Maur:,-e M.Shiu,Public Works Director Managing Member By:Lennar Homes of California,Inc., Managi ember Hy '" W (signature) (print name&Title n La n,Vice President REC;Ci: F LEMYAL Ey. (signature) Engin ri g Services ivssion (print name&Title) Lynn Inc Asst.Secretary ,EPRQVED: Victor J.Westman,County Counsel (t+rd)Ta: All asgimtsaes to be acknowledged.If 33eve1aper is itwsxpotated,signatures Worst oonfonu with the designated representative vows pursuant to Corporations Co&S313.) 1. PAEMES DATE,Effective on the above date,the County of Contra Costa,California,hereinafter called"C,otanly,"and the above-Warned pty . v[,mutually promise and agree as follows concerning this acceptance: 2. t)MMENTS,Developer agrees to install Certain oft-tract drainage improvements and such other improvements(including appurtenant equips nt)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in confc-imarsce with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good w4knionlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinar Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requiretients shall govern. 3. lh�- the Developer shall provide as security to the County: r cECr lrzt rv,Upon executing this Agreement, A. For PcdQrrr1at11ce and Guarantee: S=cash,plus additional security,in the amount ofS4 together total one hundred percent (100°19)rif the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashice-is check. _.X_._ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavinerlt: Security in the amount of$24 ,QN,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. '?Vith this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or rr<terials to them or to the Developer.Upon acceptance of the work as complete by the Hoard of Supervisors and upon request of the Developer, the amour of the securities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code. 4. QVA_i��NTEI?AN_Q WASRAM til;W_QRK. Developer guarantees that said work shall be free from defects in material orworkmtanship and shall peform satisfactorily for a period of one(1)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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. S. ML _PROVEMEff ELAN W U AN'I'Y. Developer warrants the improvement plans for the work are adequate to accomplish the work as promise I in Section 2 and as required by the Conditions of Approval for the development. It at any time before the Board ofSupervisors accepts the work as cotnlete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. 1 .Q WAIVER,BY COUNTY. Inspection of the work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or empioyt t.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 viork and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agree=.it 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 term:and conditions hereof: 7. IMEMN1`I Y. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The jDAqMaifig benefitted and protected by this promise are the County and its special district,elective and appointive boards, comrnissons,officers,agents and.employees. B. The/fah if' protected against are any liability or claim far damage ofany kind allegedly suffered,incurred or threatened because of actions d:-fined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether r 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 proceedings)concerning said liabilities and claims. C. The agtiQns causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreemet.t and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non•Conditi ns: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepares/;:supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering firly of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. 1. Windemere BLC Land Company LLC(­BLC`*)shall indemnify,defend and protect Contra Costa County("County")and the Contra costa County Fkb d Control and water Conservation District(collectively,"District'")against,and hold county and District harmless from,any and all claims,costs,losses, liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,wising out ofor alleged to arises out of BLC's u itivities under Section 5(c)of that certain"Supplement to Cooperation Agreement"dated June,2000,by and between BLC and Slsapell Industries,Inc. ("Shapell";including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against Co my or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplemerv,to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or kay other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extant any claims, lossts, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in staining or repairing improvernea is that have bean offered for dedication to and accepted by County or District for maintenance. The obligations ofBLC contained in the Agreement shall survive term ination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 8. ! M. Developer shall pay when due,all the costs of the work,including inspections thereofand relocating existing utilities required thereby. 9. NQbRE =AA y MSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,1117 fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developeragrees to pay all cosh:and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Otice action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequend, proceeds to complete the work. Sh>�uld County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay.all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. SINT GNME . If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city thCounty's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty"Valley MOU. rel.*w {,NftDablEng,5jclCh \Pr6tots\windeamm Phase ADA0013 AG-1 Moe Itev.Aprid 6,2M CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 29, 2002 before me, S. McDonald, Notary Public, personally appeared Cindy Thompson and David Evans, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal - S. MC DOK4D comm t i 120M -• Newry Pct-Cart errfb omrQe caffl*. My Carr►m. l yx 3d��110Yt OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Lennar Homes of California Inc. Cindy Thompson—Asst. Secretary David Evans—Vice President DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. SV9445 Number of Pages: Two (2) Date of Document: July 26, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPO: ',CKNOWLEDGMENT No.5907 State of California County of Ctrange On July 26, 2002 before me, Alexis H.Bryan,Notary Public , [TATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personalty appeared Patricia H.Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- (l 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(tes), 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.13RYANN i—XII "- -Commission#13Q$73$ WITNESS my hand and official seal. � Notary Public-Calif0mia � = Grange County . _�,' My Comm.Expires Jun 1,2Q05 SIGNATUREOF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [� CORPORATE OFFICER TME(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: IGNER IS REPRESENTING. DATE OF DOCUMENT slAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 4tI8TlGEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 RemmetAtre.,P.O.Boat 7184-Canoga Park,CA 9530&Ti64 7h StFaul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Powe."of Attorney No. 22775 Certificate No. 1401115 4011q5 KNt?N ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St,Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the lmws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that F;delity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and thatVidelity and Guaranty Insurance Underwriters, Inc.ii a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, cons*ute and appoint Tames A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Pazizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the,,, —ity of Costa Mesa State California their true and lawful Attomey(s)-in-Fact, each it,:their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contrasts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perforr,umce of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this day of October , 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company PETER W.CARMAN,Vice President State of Maryland City of Baltimore THOMAS E.IfUIBREOTSE,Assistant Secretary On this 4th day of October , 2001 before me,the undersigned officer,personally appeared Peter W:Carman and Thornat E.Huibregtse,who acknowledged themselves to be the dice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the eorpora,,ions by themselves as duly authorized officers. In Wltn ass Whereof,I hereunto set my hand and official seal. Afopu?Ay r My Con::mission expires the Ist day of July,2006. ' REBECCA EASLEYONOKALA,Notary Public 86203 Fev.7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire anti Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity ind Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading:as follows: RE'W;7LVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to ssd business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accat'dance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Corr..�any,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the 1 al of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so exerI ited and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RE OLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and,in any case, subject to the terms and limitations of the Power of Atuy..Iney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writ>ngs obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thom,is E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Pau!Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Unders-viters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effebt and has not been revoked. IN TESJIMONY WHEREOF,I hereunto set my hand this 26th day of July 2002 , g7lik:r rs « g�,,M �Ya� t,■sw,4 �rMFs `)(/� genta� g # 1851 Thomas E.Huibregtse,Assistant Secretary To vert# the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the ab~4.amed individuals and the details of the bond to which the power is attached.