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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-534 t� TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 10, 2002,by the following vote: APES: Supervisors Gerber, Uil.kema , DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: done RESOLUTION NO. 20€l21534 SUBJECT: Approval of Road Improvement Agreement for Culvert#4,RA 1129(cross-reference Subdivision 7976)being developed by'Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Culvert#4,Road Acceptance file RA 1129 (cross-reference Subdivision 7976) property located in the San Ramon (Dougherty Valley) area, Supervisorial District M. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of road 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 WL:cw taken and entered on the minutes of the Board of Supervisors on Cs:1GrpData\EngSvcl$a\2002\9-10-02\RA 1129 B&Mdoc the date shown, Originator: Public Works(M Contact Warren Lai(313-2408) ATTESTED: September 10. 2002 cc: Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Conarwnity Development T—dune 2003 Administrator Windomere BLC,LLC Aft:Brian Olin 3130 Crow Canyon Pl.,#310 San Ramon,CA 94383 St.Paul Fire and Marine Insurance Company By Deputy Attn:Patricia K Brebner D 333 City Blvd.West,#1100 Orange,CA 92868 RESOLUTION NO.2o02/ 5 34 SUBJECT: Approval of Road Improvement Agreement for Culvert##4,,RA 1129(cross- reference Subdivision 7976)being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: September 10, 2002 PACE: 2 L Cash Bond Performance Amount: $7,300.00 Auditor's Deposit Permit No. DP391077 Date: August 7, 2002 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: SV9446, July 26, 2002 Performance Amount: $721,700.00 Labor&Materials Amount: $364,500.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/534 ROAD IMPROVEMENT AGREEMENT /06 Devel :per. Windemere BLC Land Company,LLC Effective Dater Develapment. RA 1129(cross-reference SUB 7976) Completion Period: 1 year Road.Windemere Parkway Culvert No.4 DEVELOP :WINDEMERE BLC LAND COMPANY LLC, THES:#±,SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC CONT#: OTA CO 1N- A Delaware limited liability Company Maurit.N4.Shiu,Public Works Director By:Lennar Homes of California,Inc., Managinember, By: (signature) (print name&Title) Don Lars ,Vice President REM"— EMMFOR ApPROV�L (signature) Engineering Se is s Divi on (print name&Title) Lynn Jochim, t.Secretary FORNf APPROVED: Victor J.Westrm,County Counsel (NOTE: An signatures to be aeiarowledgrd. If'Subdivider b incorporatai,signatures mut conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned mutually promise and agree as follows concerning this development: 2. IMPROVEMENT u. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,stroot lights,fire hydrant,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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). Developer shall complete said work and improvements (hereinafter called"work")within the above completion period from date hereof in a good worknu alike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings iaade thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT'SEQ=. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County.;: A. For Performance and Guarantee: 57,300 cash,plus additional security,in the amount of$721,700,which together total one hundred percent (100%)<.f the estimated cost of the work. Such additional security is presented in the form of. Cash,certified check or cashiers check. _ 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 acceptavw against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$364,500,which is fifty percent(S(°1o)of the estimated cost of the work. Such security is presented in the form:0f: Cash,certified check,or cashier's check _X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or famishing labor or materialalo them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be P.duced in accordance with 5944.406 and 5944.408 of the Ordinance Code. 4. GUARANTEE AkM WAR_R ANTU OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform&3tisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Ameptance," of the CWinance Code. Developer 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 ESTABLISIJZNT WORK.. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establWunent 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 Boa d of Supervisors accepts the work as complete. 6. WR_OVEMENT PLAN WAItItAN TY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section and as required by the Conditions of Approval for the development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the C 11nty 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 materisE x,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the Colraty be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the tams and conditions hereof. 8. INDEMNITY: Developer 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 7elow,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?7f any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions gausim liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Co di°ons: 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 has insurance or other indemnification covering any of these matters,or that the alleged i<$mage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERPOCOSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to lointain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer 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. Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attor ,els fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. RICORPORA'I'ION/ANNEXATION. If,-before the Board of Supervisors accepts the work as complete, the development 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 transfemd to the new or annexing city. Such city shalt have all the rights of a third party beneficiary against Developer,who shall fulfill all the tams of this agreement as though Developer had contracted with the city originally. 12. QQMMERATION. In consideration hereof- (Check ereof(Check applicable sectiou(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval CL:lap G:1OrpDatt'<,3msvclCbrisiPilgjw \Windemere P1use 1\RA 1129 AG-24-doe Rev.Apr?£c 2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 7 ss. r County of c 'lL l Cin.AMkA (I R d I7 before me, t46 Date Name and a of Officer(e.g.,'Jane Notary Public') personally appeared C Names of Sig ar{e} ersonaily known to me ❑ proved to me on the basis of satisfactory evidence TRAGI R. RANI.7ALl. Commission# 1242394 to be the person{s} whose name(s) dare .': Nolary Pubi'le-Coliforms subscribed to the within instrument and . .� Alameda County 73 acknowledged to me that ire "/they executed tvtyCamm•Ex the same in /their authorized capacity(ies), and that by *//Vr/their signature(s) on the instrument the person-(S), or the entity upon behalf of which the person{s} acted, executed the instrument. WITNESS my hand-and official seal. � 1 Place Notary seal Above signature otNotary Pubilc 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 Gate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual 13Corporate Officer—Title(s): Top of thumb here ❑ Partner—❑Limited U General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association•9350 De solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876.8827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICt OF COUNTY AUDITOR-CONTROLLER 7O TME'rREASURER: MARTINEZ,CALIFORNIA � J 4 RECEMD FROM � � `;i --- ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORt, A B. TASK TION ACTIVITY AMOUNT I T. y { .� ` ; ' l a Ile I L I L'I I P,�.I 0- 1 1"c_)b t• I V72. A_U,4, VA) /I tk3i t <t 61 I t fZT1,S111111 # 1 I fit 11 � '. . E ANAT`ON: TOTAL � $ 31�� ' T.06 ET jj R 3 -iDeposit consists of the following rterru t "i.J I COIN and CURRENCY ffi _ jf A30, - ('l,d CHECKS,M.0,ETC. $ rf did' C'" BANK DEPOSITS $ f Y G C. G 1 t ..s FOR AUDITOR-CONTRMLER USE ONLY J DEPOSIT PERMS DP C ' NUMBER DATE51G�M 077 �U'� 112 A5 T1,e crmaunt x#maruey describedave.his far Treasurer's receipt of above amount is Reca°rpt of above nt is hereby dep/a/sJT inns tf)q County+JT osury, ocknowledged DGteel- ai E7CT, '< Caurrty Deputy County Treasurer 04 REV.(7-931 COUNTY OF CONTRA COSTA DEPOSIT PERMIT - (f 4,Cbmclfb ►AUNTY AUDITOR-CONTROLLER s ,jRER: MARTINEZ,CALIFORNIA AOM L-r ORC9ANIZATlON NUMBER {avert (For Cash Collection Procedures see County Administrator's bulletin 105.) DESCRIPTION FUNDJORCr A� TASK TION ACTIVITY AMOUNT x i ' 1 # I I 1 t # t # # # i 1 t # # 1 # L VA I I L I I I I I I I I I I I L-J--L—I--L- # EXPLANAtION: TOTAL $ DEPOSIT Deposit�c #s,.'�ts of the faiitrwit items COIN and CURR $. ---- CHECKS,MAt,ETC. BANK DEPOSITS $ FOR ALXXTOR-CONTROLLER USE OKY DEPOSIT PERMIT DP NUMBER ASS�NED I t> The amount?f money described above is for Tceasuees receipt of above amount is approved. Receipt of-above amount is hereby deposf�into the County T ury. ocknow Date t r� Signed: ty Audi Deputy County Treasurer Title: /!([71 l iQ XT. ,,/` 5-34 REV.(7-93> 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: G1107754, 1500.00, RS 2691 Record of Survey Map Check Fee, James P. McClure, 1179 Glen Road, Lafayette, CA 94549 000649-9665 / 831000: 61107767, .+1,000.00, SUB 8549 Major Sub Pian Check Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507 000649-9665 / 831000: G1107769, $23.490.00, SUB 8669 Major Sub Flan Check Fee, Brookfield Ambridge, LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: G1107772, $2,000.00, 15A 0013 Drainage 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 000649-9665 / 831000: G1094033, $500.00, FC 607-02, J.P. Morris & Co., Inc., PO Box 560, Alamo, CA 94507 000648-9140 / 812100: 61107767, $1,554.00, SUB 8549 Drainage Mitigation Fee, James Cooper, 1280 Laverock Lane, Alamo, CA 94507 819800-0800: G1107771, $7,300.00, RA 1129 Surety, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61107773, $5,000.00, DA 0013 Performance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Bond No.: SV9446 Premium: $1,804.60 Development: RA 1129 (cross-reference SUB 7976) IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 65499 - 66499,10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Windemere Parkway Culvert leo. 4 to complete said work within the time specified for completion in the Load Improvement Agreement,all in accordance with State and local laves and rulings. 2. OBLIGATION: Windemere BLC Land Company, LLC ,asPrincipal and St. Paul. Fire and Marine,*a corporation organized under the laves of the State of Minnesota , 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 as follows: *Insurance Company A. Performance: Seven Hundred Twenty-One Thousand Seven Hundred and 00/100 Dollars ($721,700.00)for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Three Hundred Sixty-Four Thousand Five Hundred and 00/100 Dollars ($364,500.00)to secure the claims to which reference is made in Title 15 §§et seq.ofthe Civil Code of the State of California. 3. CONDITION: A. The Condition ofthis obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's 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 it 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa 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,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions 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 Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the 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. 4. SIGNET) AND SEALED: The undersigned executed this document on July 26, 2002 WINDEMERE BLC LAND COMPANY, LLC By: Lennar Humes of California, Inc. ST. PAUL FIRE AND MARINE PRINCIPAL: its manager SURETY: INSURANCE COMPANY Address: 3130 Crow Canyon Suite 300 Address: 333 City Blvd. West, #1100 City:; San Ramon CA 94583 City: Orange, CA 92868 By: r By: Print Name: Davidy ns, "Mice President Print Name: Patricia H. Brebner Title> Title: Attorney-in-Pact Cindy yliopson, sst Secre ary MW GAG Acta Tomn113N WORMBN-9.dw 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. Cc S.MC n DO Noksy 6once Can* 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: C Mgrate Officers Lennar Homes of California Inc. Cindy Thompson—Asst. Secretary David Evans—Vice; President DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. SV9446 Number of Pages: Two M Date of Document: July 26, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On July 26, 2002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally 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) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislherftheir authorized capacity(es), and that by hislherltheir 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 Commission#1306738 Z WITNESS my hand and official seal. Notary Public-California s y Orange County My Comm Expires Jun 1,2005 0 SIGNATURE O 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 TITLES) PARTNER(S) H LIMITED GENERAL ATTORNEY-IN-FACT 'TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT atAME OF PERSON(s)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE -406770EEF 2A)8 01993 NATIONAL NOTARY ASSOCIATION•$236 Remmet Mt.,P.O.Box 7184-cam Park,CA 01309-7184 v Sffh ul 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 POW.,,.of Attorney No. 22775 Certificate No. 1401116 KNCY-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.Pail Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the lag's 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 Ffilelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State.of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc.it a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, const`ute and appoint James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the, try of Costa Mesa State California their true and lawful Attorney(s)-in-Fact, each i{l 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, contra>ts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the perfarxrance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN W)NESS WHEREOF,the Companies have caused this instrument to be signed and sealed this _ 4th day of_ QCtober 2M 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 Vii: ti► � �w �A5 yJa,xrxA sUTYA,� 1 � x96A,, y J �A,r?rr 19 :71 3E Rr;Ip t i PETER W.CARMAN,Vico President 4,t:i Aauct 15.A� �+.• A1N J��JJI •J , State c<f Maryland City m Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On thi. 4th day of October _ before me,the undersigned officer,personally appeared Peter W.Carman and Thorns E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marim Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guararty Insurance Company;and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Czimpanies;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 corporxions by themselves as duly authorized officers. gyp!• �Y 1LAAj rr In Wit'aess Whereof,I hereunto set my hand and official seal. r�Ay My Co-emission expires the i st day of July,2006. Vo REBECCA EASLEY ONOKALA,Notary Public 86203 Rev.7-2002 Printed in U.S.A. i Thas 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 Ad Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, FideW and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2,1998,which resolutions are now in full force and effectreading as follows: R#SUL'VED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings;contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions, Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Ctttpany,either by the Chairman,or the President,or any Vice President,or an Assistant"Vice President,jointly with the Secretary or an Assistant Secretary, ut :er their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the.Seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-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 sue3 Pourer of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so exc =ted 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 wlch it is validly attached;and RZ^:33OLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of AtV0ey 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 wr sings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an Exticutive Officer and sealed and attested to by the Secretary of the Company. I,Thotsas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Parr:Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Undery riters,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 effect and has not been revoked. IN"TE4TIMGN"Y WHEREOF,l hereunto set my hand this 2 b th day of July 2002 Thomas E.Huibregtse,Assistant Secretary TO vertf`% the authenticity of this Power efAttorney,call 1-800.421-3880 and ask for the Power of Attorney clerk. Please refer to the Tower ofAttorney number,the above-n4med individuals and the details of the bond to which the power is attached