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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-535 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 10, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 535 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8456 (Sandy Cove Shopping Center) being developed by Pacific/Bowie-Tracy If, Byron area. (District III) The following document was presented for Board approval this date for, SUB 8456 located in the Byron area. A Subdivision Agreement (Right of Way Landscaping) with Pacific/Bowie-Tracy II, 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: $2,400.00 Deposit made by: Pacific/Bowie-Tracy II Auditor's Deposit Permit No. and Date: 387891 June 11,2002 CL.cw I hereby certify that this is a true and correct copy of an action GACrrpData\Engsvcv80\2002\9-10-02\suB 8456 Bo-ts.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact: Rich Lierly(313-2348) ATTESTED:_ September 10, 2002 cc: Public Works- T.Bell,Construction JOHN SWEETEN Clerk of the Board of Supervisors and County Current Planning,Community Development s � T—6-13-03(P l) Administrator Pacific/Bowie-Tracy II One Corporate Plaza,20°Floor Newport Beach,CA 92660 ATT:David Powell By ,Deputy American Motorists Insurance Company 7470 N.Figueroa Los Angeles,CA 90041 ATT:Patricia White RESOLUTION NO.2002/ 5 3 5 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 8456 being developed by Pacific/Bowie-Tracy II,Byron area. (District III) DATE: September 10, 2002 :PAGE 2 II... Surety Bond Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM 04686500, June 5, 2002 Performance Amount: $232,000.00 Labor&Materials Amount: $117,200.00 Principal: Pacific/Bowie-Tracy B 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. SUBDIVISM AGREBAENT epe ( moment Code ht of WayLa Z aet<i ) Set em: 8456 *ftrt x Landscape E W* rr� ,.� $u#a#1 r Pacific/Bowie—Tracy Il Compkdon pyo W: 1 year THESE SIGNA717I ES ATTEST TO THE PARTIES'AGREEMENT HERETO. TA=NTY Sl, D R: (Name and Title) Maufte M.Shia,P'ubk Woft Pacific/Bowie--Tracy Ii BY FOR �p��//+► � enn $ . erryritan, ar net J3rtrS ,,.,,,.,&rte Arn .' Youngman, Partner PS APt RQVEIJ: Vkftr J.VVs*nan,County Counsel {Wt7 M AN sWahm fa be aaykiwxbOlesd. If$Wx#Mw M hpar�pratad, rcx�,t sot t wrMh the DMWGpursusr�t y�,.��y,�,,�,,may,, Y,�- /i,,.,., bo Ccrpa+Mtor�nw,c..aid:rp�3�fy&.}� `' ,.,.�p� 1t ,,r,�,�i,,,� �r � on the above dabs,idle City of County d�CW*CWNon sRRr,horain ".QMW OW the above�rn ec mutiny promise and agree as fdk)%s concerning this subdivision: Subduer ► cert►cued knprowrrranbs(bow plrbltC and prdva improvemer s�eet�� adsoapdr�,men such otlxerimpnwernenOs appuefisnarrlequipment)as thelmpnwarrer� for Ithy: as end on!�with the Contra Costed County Pubic oris and in with the Comte Cour>Et�t3 Code(fes ft�r+s smnwrrrdmenbstheareto)r Sal alsel cornpk t sd d wmk wW knpmvemwft(teen kwftw within this compi+alotr period hcxxt cmin,h*W as the Ca orris SubdlvWon Map ad(Government Code 10 mend in a workmar�ce manner,In accordance with accepted aarat�tlon practices mend to a manner equal or superior to the +off the County Code and n*4P made theree�ader end where;there Is a conilid beb�rsen the improvement plane and Ordinance Code,the shier nxiuliamenla stall g 3. - Upon eeacutdno ft Agiver nmt the Su Wad pu to Govemmw* ,and the CW*1 pMvft as sswcudly b the Courtly: 232.001.00 P a 1N nal.d 3 24400.00 +r,Fps al Inihesrnountott one perex�r►t )of the cost a me work. such Wim5i VW IRR R. Cash,cabled check or cashWe check X Accept"owporabe sareby bond, Aoc:eplable knocable letter of M& With this security,the SubdMdw guarantees performance under this Agreement and maintenance of the work for one year after Its trim and acceptanico against any worlen or mob mils or any unsaWoMw perfcxmsince. B. For Secuity in the amount of S 117,200.00 which in My (SD%)ofthe sellimpled cast Of the viark. Such presented In the form of. Cash,certillod check,or eas a chsck Acceptable corporaft surety bond Accept"10mmcable Wer of crew With 0%amity,the Subdivider wariless psymerrt to the contactor,to his subcontiactDrs,and to poisons renting equipment or ftcml W g labor or maladmis to torn or to A Subdivider. C. Upon acceptance of the work se complete,by the Board of Supervisors and upon request.of the Subdivider,the amount MW a n"w he svA w-ad in mos vAh XQ"Anot arvi AM nE th a r}k'6svont-a f%*w4a 4. Subdivider that add work "be free from deflects kv matar;jil or wo+rknperform satiolbatorily for al psrW of one-yewirOm and after the Board of Supervisors accepts the work so complete in accordance with Article 96-4.6,*AcceptancoP,of the Ordkonoo Code. Subdivider agrees to comer#, repair,Or replace,at his wqxmso,arty defecl0i,in add work The.guarentoo period does not apply to road improvements for private roads which are not to be accepted Into the County Woad 5. EN�WURK Su th m wdworkbr tandscapirnginotdod urxiwft Sold purr momwork wW or wWquabiy g u plerft doingweed,rodentand otherpeatoon0d and ober work determined by the Publo Wort Deportmortto be necessary to insure am Pah mi mentor plates.Sold plant odal3khmord work shat'bi perbrmed for a period of on from and af'ber the Board of Supervisors accepts the work so complete. At the discretion of the Count,bbkb may be released afm of lsndeosping Improvements by the AKI pre tarecr rn�eoaon z ane ae by the C„onditlons of for ��,amt a�W*ne belbre the Board Supervisors �1isorlc Su ;iter mains or during�one-year arc t the soldworImprovement:piano prove to be Inetdequabs in any reopmA 7. A1QBY ar n n ofthe work dfor orapproval ofwork ander ma terlds or ant by any officer, wint r r em a ne uksrling the work or any pertthersof with the requirements of this Agreement,or oftine hole err any pot of add worts aetdfor ,or theroW.or any combination or all of theseacts,cts,shell not ralove the of his obi on to MR this agneme A mi nor the County be thereby be tom bringing any action*w arldng from th,*failure to comply with any of the harms and conditions hereof. f3. MEW Subdivider"hold hamdow and kx1emnifytheindemnlissaftm,the labilitles,as dollned In"section: A. The 1COMnft bermfted and protected by this promise are the County, and its special dtsbK dective and appointive commissions, ,agents,and employees. B. The apean� or claim for of any kind suffered, Or ed becaue g of actions deft ,and pwwn kqury,death,property knvww condern,wft,orwW combinetlon oft mee, and regardless of whether or not such limblay,claim or was unforeseeable at any time befbre the County reviewed said improvernera plane o'accepted the work as compW^and including the of any suit action(s),or other g(e) said bbrAn and C. The m we any act or omission(negligent or non-u in connection Wth the msdters coveredbythis Agnmr,ont and attributable to he Sum , ,subcOnftftr.or any offloar,agae*,or employee of One or more Of ihem; D. No The promise andIn this secWnn are not or on whether or not any Indemnitee has prepay ,su or any�a)or sPeollicallon(s)In connection with this work or subdivision,or has insurance or other idem #my of these metters,or that the alleged damage resulted partly form any neglgertt or wilful misconduct of any Ind mw1y. g. COUS: Subdivider shall pay when due,all the costs of the work,Including Inspectione thereof and relocating adding uNks requaed thereby.. Subdivkkr dial ad and establish survey monument in accordance with the fled map and to the samwisclion,of the County, w-Survdyor before sMoplance of any work ss complete by the Board of Supervisors. MME ANb CbSTS: If Subctivkdw fak to complete the work within the tine specified kr this Agrowkent, and tam or falls to roalrdain to work,the County may proceed fro complete wx for rmaintsirn ft work by contractorothaiwisik and St .WMdw agrees to pay ail owes and charges Irmffod by the County(including,but not linked ta. ng, surveys, conte 0,, etc.)immediately upon County# SubdWdw tiro com sndtar ID entry maintainthe v o k by the tis fo and rces,inciudi►g th in e~the Once action Is taken by County to complete or maintain the work,SubdivkW agrees to pay sl costs incurred by the County,even If Subs sex w mptetes the work Should County we to compel performance under,this Agreement Or to recover carets incurred In ownpleting or mobleining the work, Subdh*er OWON to pay all aftwnWa fees,and all other of litigation Incurred by County In connection therewith,even tf Subdivider o+►►til►Pmcse&to complete the work 12. If,before the Board of Supervises the as complete,the subdivisionle Included In isHti %€moor rawsa as a seat or is annesaso th an tadsfir�oily,the County�s rigtrts underthis crsdR sa�cu aid agraemant andiron any or letter of ni�nts steel be bo three new or em Such sterol have slthe rl�rbs rota#tnicd peaty Subdivk��, shait f�sl the foetus of this as through S hod co with dire ctiyr origindly. against 13. RECOR12 MM, In consideration hereof, County shall allow Subdivider to fps and record the Find Map or Parcel Map fbr sold Sub&*Sn. tau fl J NATE OF CALIFORNIA }ss. COUNTY OF oranae } }n August 6r 2002____----, before me, Julie Ann Edmiston , personally appeared Dennis M Berryman _ personally known to me (Cir proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are sbscribed to the within instrument and acknowledged to me that he/she/they executed the same ir'. his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the p€ rson(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S}gnature 'n Y1 .wtLr�l-xrrrt EoMrsTON co:��sronaxzae�o�rli �, Notary pie-CINlftmia � Orange county %7MVCwnm D8c25, (This area for officlai notarlai seal) Ti-.,Ie of Document Mate of Document No. of Pages Cather signatures not acknowledged 3008(1194)(General) Firet Amariran'itla inmimnro Gomoanv CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Stene of California County of orange On .7,,,,P 5, 2002 before me, Susan E. Linder, Notary Public, DATE NAME,TITLE OF OFFICER-E,G.,"JANE DOE,NOTARY PUBLIC" Arn K `Y personally appeared K. Youngman NAME(S)OF SIGNER(S) i Personally known to me - OR - ❑ to be the person( whose name{§j is/a;4a- subscribed to the within instrument and ac- knowledged to me that he/s494ha* executed the same in his/49+44e4 authorized capacity(ires), and that by his/#ttktr SUSM E.LINGER signature(s) on the instrument the persono, Comm!salon*tat,5eta Not"Public-California or the entity upon behalf of which the Orange county XMi person($) acted, executed the instrument. My Comm.Expires,iul3t, WITNESS my hand and official seal. 00, SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent traudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION DE ATTACHED DOCUMENT ❑ INDIVIDUAL EJ CORPORATE OFFICER Subdivision Agreement — �covery TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESEMrNVG: NAME OF PERSON(S)OR ENT1TY(IE3} SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P,O.Box 7184•Canoga Park,CA 91309-7184 LVUtV I i VP l.Vi 1I KR 4_VOL#k DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM :.•-� u�, ORGANIZATION NUMBER (—} (For Cash Collectl procedures see County Administrator's Bulletin 105.) DESCRIPTION', fUNb/ORG SUB.ACCTASK OPTION ACTIVITY AMOUNT i $ _JLI t I I I I �- C qjqL 4 1 0. j d_0 53, �yb too ( ( ( ( ( ( ( ( ( ( EXPLANATICrN t 3 TOTAL S fI !/ l DEPOSIT. j�.. ��t�ta[ x � � Depcuit ew�sists of the' °ng'tertns COIN and CURRENCY $ CHECKS,M.O;ETC. $ BANK DEPOSITS $, t� j �i�✓ j FOR AUDITOR-CONTROLLER USE OKY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of mo,,r1*�y described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby d ik 4he Count Treasury. ack QA 1A EXT. j y itor Deputy,County Trorssurer. -34 REY,(7-93) r, 000649-9665 / 831000: 01093300, $14.048.00, SUB 8456 Landscape Inspection Fee, Pacific/Bowie - Tracy II, PO Box 3060, Newport Beach, CA 92658 819800-08.,90: 01093299, 2 40 0.00},' SUB 8456 Landscape Performance Bond, Pacific/Bowie - Tracy II, PO Box 3060, Newport Beach, CA 32658 i Subdivisift: SANDY COVE SHOPPING Bond No.. 35HO4686500 CENTER Premium $3,480.00 IwROVtJmm SECURITY BOND FOR Muc RIGHT OF WAY LANDScAPE AGREE R+ea (Performance, Guarantee, and Payment) (California.Government Code Sections 66462 and 66463) 1. &cuAz,of S—►mr-at-N Ac"Emzm: The Principal has executed an agreement with the to install and pay for public right of way landscaping,and other related improvements in Subdivision SAMDY COVE SHOPPING CENTERS* as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thaeunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision, 2. OXJGAnON: PACIFIC BOWIE-TRACY II ,asPrincipal,and AMERICAN MOTORISTS INSURANCE COMPANY acorporation organizedenstingunder the laws of the State of ILLINOIS and authorized to transact surety business in California,o as Surety, hereby,jointly and severally bind ourselves,our heirs,executors,administrators, successors,and assigns to the County of Contra Costa, California to pay it. A. Performance and Guarantees TWO HUNDRED THIRTY TWO THOUSAND & N01100 Dollars(S 2 32,0 0 0. 0 0- - - - - - 1 for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: ONE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED & N01100- - Dollars($ 1 - ®_ _ to secure the claims to which re&renm is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California, 3. Cco►N: A. The Condition ofthis obligation as to Section 2.(A)above is such that ifthe 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 Courcy 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. • i ! I . ! t «t: t ! # .•M. :# #:+ -t : t♦ # ; 4 4 ! ♦ # ! i ; t • - i I :t +# :i ! #:. - Is #M a # i' # ♦ > �dI t 'z .{t t t '. '+ ## 1 ; # 1 ?.� ! f- Sf` &t !y. ilk + # i i t. f • • i !# ';to ! I • I f'# � ►• # # t • M: i t I I .i .. �If:�# ; ♦ r! ; ,, # .. � t -t - i t �f A: f r • # - R • ! !- ; t t : 41 #tl...; • ;� t t! #tR ! ;.t4 :+ l.:#-�- 11 .# ; t • t ++ !+i '!'I ' .-1tt!-• i. I t t ! i„#i•” • ' ! - f •A ;.;af A.`-# : # f :1 :r! • 1 A " • :.�:.; # !I - ! A: AI "t Mi ♦ � t>! :•!.1 i .0 I# ! t tf ! ti !#. R t :i # • i #i *i t I. ►.t- • • • ; 4♦ I.;. . ':. # `t � f •. I' ! # :.i t} I i rF' t � t w :.t#♦ I A Lf.'. A I• ! f SII '.4 t ! ' # iilI I. . f !#.1 I; : ta. a ! ♦ t.` t' I#• • fl R �i it i'-^:'IF # • t ' 1. !M :. f ! ! i:. : e. M �# t !f +,f f • f t i i ' ;�! • ' ! ! I '. I a - f t f # * .,� A I I � - ! ". t f :1 f _ t; * # . R M R • t ' sr ;! : ! +� r aa / ! # Afi •' 1` •at. I I ! • � I R! t # 4• f t 1 • #+ r a ! • iy i ! t,l I ! .± ! tl :t ' R R a ♦# *..# f +• • t 1 ! f • i.i :. f ! i ! i 't f• :i ! !I �!1 A ! 1 f I R t If : : t t f ! i ! •i +,•+tet ! t ,"�J t :• ft.: "± .t ! R I * f • �« 1 t A � i ! # Gti • ;.t t f- I +^f :.t A tt• i=t t.�t f I A • 1 �.: * yf t : , i # .. � �i# •f1 i i ♦ ♦ � * * • t AMER , Ilk I $,',TATE OF CALIFORNIA }ss. COUNTY OF orange } On Augua . 6 . 29 , before me, Julia Ann Edmiston , personally appeared Arn K. Youngman personally known to me (€)r proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are s{abscribed to the within instrument and acknowledged to me that he/she/they executed the same ii",his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the p>�A,rson(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S nature n 3ULIE EDMWTON convniuim#1247016 Notary i•UMC-CaNfon is om"lle CDU* (This area for official notarial seal) Tile of Document Dte of Document No. of Pages flther'signatures not acknowledged 3008(1/S4) (General) �1 RI flYtt6Yln..f.Y Tiiln IRWYrv]ww9,/"mm�anYi STATE OF CALIFORNIA SS. COUNTY OF ORANGE On JUNE 5,2002 before me, DOLORES MUIR, NOTARY PUBLIC PERSONALLY APPEARED PATRICIA M.WHITE personally known to me evidemT)to be the personk)whose name(ir)islaft subscribed to the within instrument and acknowledged to me that Wshelthey executed the same in#islherllheir authorized capacity(ied�,and that by h4Aerl4eir signature(,)on the instrument the person(.r},or the entity upon behalf of which the persons)acted,executed the instrument. DO-OI ?iR COMMISSION#196496o to Natary Public-Cluifcrnia ORANGE COUNTY LE WITNESS my hand and eal. My Commission expires MAY 25,2004 Signature This area for Official Notarial Seal {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 Q INDIVIDUAL CORPORATE OFFICER BOND TITLE OF TYPE OF DOCUMENT TITLE(s) PARTNER(S) El LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: JUNE 5,2002 DATE OF DOCUMENT ;iGNER IS REPRESENTING: 3.AME OF PERSON(S)OR ENTITY(IES) AMERICAN MOTORISTS INSURANCE COMPANY N/A SIGNERS OTHER THAN NAMED ABOVE io-1211(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT in ".Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be aftxed by their authorized officers, this Octoberl2, 2001. Ati ested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company ��I' 1 ggggg CORP A71 4t CfArM01t�TKiN C�eAt 7! rd) of,, K. Conway, Corpor Secretary Gary J. Iy, nlor Vice Pres` t ST,kTE OF ILLINOIS SS C <UNTY OF LAKE SS 1, V.Aarie I. Omod, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to mi to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American, M9'nufecturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of lillrols, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged thst. they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as;the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" � ''lc �•�. C�►7�t/1.i" MAFRtA L OMORI NOTARY KXX,STATE OF ILUNM WCOMMISSiONWIFS 17 zoos Maria I. Omorl, Notary Public My commission expires 9-17-03 CEiZTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists lns-arance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the atft�cheid Power of Attorney dated Octoberl2, 2001 on behalf of the person(s) as listed above Is a true and correct cqy and that the same has been In full force and effect since the date thereof and Is In full force and effect on the dae of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Se(lior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice Pro.sident of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMOW WHEREOF, I have hereunto subscribed-my name and affixed the corporate seal of the Lumbermens MI'Aual Casualty Company, themeU rican Motorists Insurance Company, a the American Manufacturers Mutual inaarance Company on this t day of JUKE , 20 Q �1 X �Bmtr�tL 7 yA' AY 14l1MClb W tsAear:GRAililli Joh K.)--oaway, Corporate Mratary Tl<s Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein'and they have no authority to bind the Company except In the manner and to the extent herein stated. Ho€Tie{Office; Long Grove, IL 60049 FKV9 15 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of lllin<)is, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do her<jby appoint PaL, C. Hughes , Patricia M. White and Kenneth D. Huller of IRVINE, CA (EACH) thea true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Arc<? and all bonds and undertakings E)f<,EPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. Th<s authority does not permit the same obligation to be split into two or more bonds in order to bring each such bdfd within the dollar limit of authority as set forth herein. Ths appointment may be revoked at any time by the Company. TK.a execution of such bonds and undertakings in pursuance of these presents shalt be as binding upon the said CoMpany as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by.their regularly elected officers at their principal office In Long Grove, Illinois. Th..s Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Hoards of`<Directors of the Company on February 23, 1988 at,Chicago, Illinois, true and accurate copies of which are he=einafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "NOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in waiting and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thIreto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature th.3reof, and any such officers of the Company may appoint agents for acceptance of process." Tt<is Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following rolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called a,-5,d held on the 23rd day of February, 1988: "' OTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees dsignated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to re0lution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such p¢Wer so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." R-16 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A.