HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-737 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 3, 2002,b the following vote: x'25
P Y `''
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/737
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8618
being developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District III)
`The following document was presented for Board approval this date for SUB 8618
located in the San Ramon(Dougherty Valley) 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 Bond
Deposit Amount: $1,000
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 391754, August 21, 2002
WL:cw I hereby certify that this is a true and correct copy of an
Cr:\C#pData\EngSvc\BO\2002112-03-02tSUB 8618 BO-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: Warren Lai(313-2408)
cc: Public Works- T.Bell,Construction ATTESTED:. DECEMBER 03, 2002
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and
T--10-03-03 County Administrator
Windemere BLC land Company,LLC
3130 Crow Canyon Place,Suite#310
San Ramon,CA 94583
Attn: Brian Olin By Deputy
St.Paul Fire and Marine Insurance Company
333 City Blvd.West,#1100
orange,CA 92868
Attn:Patricia H.Brebner
RESOLUTION NO. 20021 737
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8618
being developed by Windernere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District III)
DATE: December 3,2002
PAGE: 2
H. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST 2232,August 14, 2002
Performance Amount: $16,700
Labor&Materials Amount: $8,850
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. 2002/737
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463)
Subdhilsion: SUB-t 618 Effective Date:
Sub&iider: -- - Completion Period: 1 veer
WINDEMERE BLC LAND COMPANY LLC,
THESE, SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By:LEN-OBS Windemere,LLC,
CONT" A,COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
r. Public Works Director BY:Lennar Homes of California,Inc.,
Maurine M. Sh1U, Managing Member
A IV. A
By: id (signature) Ag, ZA4M
(print name&Title n on, Vice esident
RECOMMENDED FOR APPROVAL:
ABy: — (signature} �
Engint 3ring Se ces i sit3n (print name oj �n_�Asst.Secretary
FORMAPPROVED. for J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1 PASD PN . Effective on the above date,the City of County of Contra Costa,California,hereinafter called"-Cgun "and the
above-r€en#ioned ,mutually promise and agree as follows concerning this subdivision:
2. IMPROVE T Subdivider agrees to install certain road Improvements (both public and private), drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvemen#pans 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 complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof 9s required by the Califomis 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
requirem.ants shall govern.
3. M V.MINTiS F UIRiTY, Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499;and
the Cototy Ordinance Code, provide as security to the County:
A. For_Performance and Guarantee: $ 1000.00 cash,plus additional security,in the amount of
$ 16,700.00 which together total one hundred percent(100%)of the estimated cost of the work. Such
additiom3l security is presented in the form 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
completn and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pav rte_e_nt: Security in the amount of$ - 8,850.00 which is fifty percent(50%)of the estimated cost of t�he
work. Sch security is presented In the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishir;labor or materials to them or to the Subdivider.
<C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
seeuritIO may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
i
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmansh€:)and shall perform satisfactorily for a period of one-yearfrom and afterthe Board of Supervisors accepts the work as complete
in accordan>e with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defect`<in said work.
This guarantee period does not apply to road Improvements for private roads which are not to be accepted into the County road
system.
5. ELNNT ESTABLISHMENT VyORK. 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. L?RQYEMENT PLAN WARI NTY. 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
Supervisorsaccepts the work as complete or during the one-year guarantee period,said improvementplans prove to be inadequate in any
respect, Su0clivider shall make whatever changes are necessary to accomplish the work as promised.
7. N{ W6JVER 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 ounty indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptancebf 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 d mages arising from the failure to comply with any of the terms and conditions hereof.
8. M.j AWT : Subdivider shall hold harmless and Indemnify the indemnitees from the liabilities as defined In this section:
A. The Indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers, agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened
because of;actions defined below,and Including personal injury,death, property damage,inverse condemnation,or any combination of
these, and fl.$gardless 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 causing Ila tilit-y are any actor omission(negligent or non-negligent)In connection with the matters'covered by
this Agreemmt and attributable to the Subdivider,contractor,subcontractor,or any officer,agent, or employee of one or more of them;
D. j��Conitl : The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee las prepare ,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 Indemn{ty.
9. Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities
required the;�eby.
10. SSRVEYS. Subdivider shall set and establish surrey monuments in accordance with the filed map and to the satisfaction of the
County Roaj Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. ��1-PERFORMANCEAND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and
subsequent;:extensions, or !rails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,;gid 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.
SulAlvider 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.
Orte 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.
Shsuld County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the
work,SubdiAder 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. IN' 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 setring 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.
:kw:lap
G:1Grp0ata\Eng�tkFormatAG WORDAG-30A.doc
Rev.May 19,2004
CALIF(3RNIA ALL-PURPOSE ACKNOWLEDGMENT
Mate of 0 r
County of COYt COS
on 2before me,�`�'' C agD.:Jt 3c
D o Name and Me of Oftor( ,•Ja Doe,Notary PUW
PIarsonally appeared '_Dari ANLLou1� 0 A Ar (1'ie%
Namo(e)of Signor(
' fpersonally 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 hey executed the
same in t kAw/their authorized capacity(ies),and that by
DEBRA A.SHERWUOD *~their signature(s)on the instrument the person(s),
fyOMM 1313552 or the entity upon behalf of which the person(s) acted,
NOTARY PUKIC-CAUPORNU executed the instrument.
CONTRA COSTA COUNTY n
COMM.EXP.JULY 16,2005'
WITNESS my hand and official seal.
. U
Signature o4 Nota Public
OPTIONAL
Though the information below is not required by few,It may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
)ascription of Attached Document
71tie or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
rapacity(les) Claimed by Signer(s)
< igner's Name: Signer's Name:
0 Individual ❑ Individual
a Corporate Officer ❑ Corporate Officer
Title(s): Titles):
Partner--ElLimited ❑General ❑ Partner--® Limited ❑ General
0 Attomey-in-Pact
El Attorney-in-Fact
Trustee ❑ Trustee
Guardian or Conservator ❑ guardian or Conservator
Other: Top of thumb here ❑ Other: Top of thumb here.
aigrier Is Representing: Signer is Representing:
0 IM Naftjal Nabry Assodabon*9538 Plammat Ave.,P.O.Box 7184•Carxrga Park,CA 91305.7184 Prod.No.6507 A"rdV,CoA Toll-Free I-800-07645W
COUNT Y OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY:AUDITOR-CONTROLLER
TO THE TREASURER: MARTfNEZ,CALIFORNIA °
RECEIVED ROM
ORGANIZATION NUMBER f
ice)
(For Cash Collection Procedures see County Administrator's Wietin 185.)
DESCRIPTION FUND/0M Sulk ACCT. TASK OPTION ACTIVITY AMOUNT
> till` l�F -14 r r-Ai l 9Ai
n
6 b
Ic
r
7
i
i
EXPLANATI TOTALr�
DEPOSIT
r �/�7• 09',V0 Deposit consists of the fotlowIM ilium
COIN and CURRENCY $
KS, !
CHECM.0,ET S + !
BANK DEPOSIT $ - --
� (� FOR AUDITOR-C ER USE ONLY
Y � Iq 90 DEPOSIT
PERMIT D
t) C '�91?54 AUG
ASSIGNED
The amount o€more described oboes is for Treasurer's receipt of above amount is approved. Receipt N hereby
deposit Wo County
ac
SigneSign
SIV00:. A.A-' _/' ",
d dY"' 1' ( w DaieLl
1 t
Title' #• EXTT
Deputy County ogsurer
r•u REV(7x43) ' I
000649-9665 / 813000: 61093880, $114.684.00, RA 1123 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093882, $58.108.00, DA 0009/10 Landscape Inspection
Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA
94583
000649-9665 / 813000: 61093884, $111.724.00, PA 0001 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093865, $8,221,00, RA 1124 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093867, $1,000,00, SUB 8619 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093869, $2,170,00, RA 1133 Road Acceptance Cash Bond, Windemere BLC
Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093871, $1,000 00, SUB 8155 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, Son Ramon, CA 94583
819800-0800: 61093872, $1,000 , SUB 8153 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093875, $,QN.0O, SUB 8618 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093877, $2,000,00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456
Black Avenue, Suite#200,Pleasanton,CA 94566
819800-0800: 61093879, $1,000,00, SUB 8156 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093881, $14.27300, RA 1123 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: G1093883, 7 2 1 QQ, DA 009/10 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: G1093885, $1303,00, PA 0001 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000678-9191 / 818800: 61094084, 5706.500.00, SPRW ESMUD basement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576
000678-9191 / 818800. 61094085, $72.834.00, 5PRW EBMUD Temporary Easement, East
Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623
000649-9665 / 813000: 61093858, $500,0,0, R5 2695 Record of Survey Map Check Fee,
Bud LoVerne &Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521
000649-9665 / 813000: 61093859, $nQg , RS 2694 Record of Survey Map Check Fee,
DeSolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville,CA 94526
000649-9665 / 813000: 61093860, M.00, RS 2693 Record of Survey Map Check Fee,
Patricia S. Mendell, 92 Lucille Way, Orindo,CA 94563
000649-9665 / 813000: 61093861, M.00, RS 2696 Record of Survey Map Check Fee,
RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek,CA 94596
000649-9665 / 813000:61093862, $500,00, RS 2697 Record of Survey Map Check Fee,
Robert W. Randles&Ling Ling Li, 1 Chapparai Place, Orinda, CA 94563
000649-9665 / 813000: 61093864, $66.828,00, RA 1124 Landscape Inspection Deposit,
Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093866, $5.000, 0, SUB 8619 Landscape Inspection Deposit,
Windemere KC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093868, $13.365,00, RA 1133 Road Inspection Acceptance,
Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093870, 000, SUB 8155 Landscape Inspection Deposit,
Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093873, $5.QN, , SUB 8153 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-9665 / 813000: 61093874, gQM00, SUB 8618 Landscape Inspection Deposit,
Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093876, 000 , SUB 8156 Landscape Inspection Deposit,
Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093878, $11.478.00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC,4456 Black Avenue, Suite#200, Pleasanton, CA 94566
Subdivision: SIM 8618;*--wf=10-19?61---
Houd No.: ST 2232
Premium: $100.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC SIGHT OF WAY I..ANDSCAPE AGREEMENT
(Performance,Guarantee, and Payment)
(California Goverment Cade Sections 66462 and 66463)
1. cF §pVVMRQ : The Principal has executed an agreement with the County to
<astatll and pay for public right of way landscaping,and other related improvements in Subdivision 8618 as
specified in the Subdivision Agreement(Tright of Way Landscaping,),and to complete said work within the
time specified for completion in the Subdivision Agreement(Tright of Way Landscaping),all in accordance
57ithState and local laws and ruiinas thereunder in order to satisfy coswitious for famS of the Final Map or
Parcel Map for said Subdivision.
2. RLIGATCyN: Windemere BLC Land Company, LLC_ ,asPrincol,and
St, Paul Fire and Marine Insurance Company ,acorporationorganized existing underthelaws
Of the State of Minnesota and authorized to transact surety business in
C alifornia, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
sIuccessors, and assigns to the County of Contra Costa, California to pay it:
". Performance and Guarantee: Sixteen Thousand Seven Hundred Dollars($16,700.00)for itself or
any city assignee under the above County Subdivision Agreement,plus
s. Payment: Eight Thousand Eight Hundred Fifty Dollars($8.850.00)to secure the claims to which
reference is made in"Title XV(commencing with Section 3083)ofPart 4 ofDivision III ofthe Civil
Code of the State of California.
3. NVITION:
ii. The Condition of this obligation as to Section 2.(A) above is sash that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all d dugs stated 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 prov ided,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 ai4 save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein strpulaied,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of tho obligation secured hereby and in addition to the f ice amount specified therefom d=
"I be included costs and reasonable expenses and leas, including rmm&bla attorney"s fees,
incurred by County(or city assignee) in successfully enforcing suet obligation,all to be tweed as
costs and included in arty jadgement rendered.
B. The condition of this obligation as t0 Section 2.{B} above is such that amid Principal and the
undasigned as corporate surety are held fi mly bound unto the County of Contra Costa and all
contractors,subcontractors,,labours,nratezi4 men and otic persons employed in the perfommuce of
the aforesaid agreement and referred to in the aforesaid Civil Coder for materials fiumsbed or labor
thereon of any kind,or for amounts clue under the Unemployment Insure 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, to addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable atxorueYs fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be away 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 of any and all
personas,comptuties and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 ofthe Civil Code,so as to give a right ofaction to therm or their assigns
in any suit brought upon this bond.
Should this condition of this bond be fullyperforme:d then this obligation shall become:null and void,
otherwise it shad be and remain in full fore and effetct.
C. No alto melon of said subdivision agreement or any plan or spe cificadon ofsaid work aid to byte
Principal and the County shall relieve any Surety#om liability on this begird;and consent is hereby
given to mala such alteration without fther notice to or consent by Surety,and the Surety hereby
waives the:provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
G �SFALER on Au rest 14, 2002
WZNDEMERE BLC LAND COMPANY, LLC
B¢*: LENNAR HOMES OF CALIFORNIA, INC. 3T: PAUL FIRE AND MARINE
p`RWAL.- its manager SU TY: INSURANCE COMPM
Address: 3130 Craw an n Suite 300 Address: 333 Cit Blvd. West #1100
City. San Ramon i 94583 City. Oraug CAZi 92868
By: .. By:
Print N=.'�e: Lawrence H T son Print Name: Patricia H. Brebuer
"Title: Vice President Ti#le: AttorneF—in—Fact
M.Ow
G.x�ppntiEs��c+weur�nxt,aztis+ruanst3a i15S r+N-7Tw.Aac
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On August 15, 20x2 before me, S. McDonald, Notary Public, personally
appeared Lawrence H. Thompson, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. -wk JONALD
Notory f'u,,:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.$907
Stats of California
aunty of Orange
On August 14, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER=E.G.,"JANE DoE,NOTARY PUBLIC"
I.Mrsonaily appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Ware subscribed to the within Instrument and
acknowledged to me that hetshelthey executed the same in
histherltheir authorized capacky(les), 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.
A db
ALEXIS H.BRYAN WITNESS my hand and official seal.
Commission#M 1306138 ,
Notary Pubtle-a alifarnia
orange County
SIGNAIVRE OF NO rARY
My Comm.Expires Juni,2005
OPTIONAL
Tiough the data below is not required by law, It may prove valuable to persons relying on the document and
c�.uld'prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
Tn1E(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
<] TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
WME OF PERSON(S)OR ENnTY(1ES)
SIGNER(S) OTHER THAN NAMED ABOVE
&40671GEEF yp8 0 M3 NATIONAL NOTARY ASSOCIATION=8236 Remmet Ave.,P.O.sox 7184=Canoga Park,CA 01309-7184
eo-
71POWER OF ATTORNEY
beStpaul
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fin and Marine Insurance Company Fidelity and Guaranty Insurance Company
SG Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power 4Attorney No, 22775 Certificate No.
1401282
KNONV:ALI. 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.PatFire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the lawg;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 N&I'lity 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.is E'corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make,
oonstitwz and appoint
James A.Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,l~eigh McDonough and Alexis H.Bryan
of the Cy of Costa Mesa State California their true and lawful Attorney(s)-in-Fact,
each in heir 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,
contract(:and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
performsxce of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WIT14ESS VVHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October 2001
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fin 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
CARMAN,Vice President
State of N." land
City of Bltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this_ day of October , 2001 before me,the undersigned officer,personally appeared Peter W.Carman and
Thomas F.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Iiirurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty nsuraace 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
corporati+x?:ts by themselves as duly authorized officers.
OE&%)
in Wltnes Whereof,I hereunto set my hand and official seal,My Comrrsssion expires the I st day of July,200$. REBECCA EASLEY-ONOKALA,Notary Publif
86203 Re. 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 Hoards of Directors of Seaboard Surety Company,St.Paul
Fire an:c 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.on September 2, 1998,which resolutions are now in full force and
effect, ..*ding as follows,
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to siid 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
Coa.pany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
uncle r their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the€cal 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
ew4ted 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
whifh it is validly attached,and
REI,.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
Attorney 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
wri6,0gs 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
Exet utive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary 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
Undery.iters,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 effet and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August 2002
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Thomas E.Huibregtse,Assistant Secretary
To veriL, the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power nfAttorney clerk. Please refer to the Power ofAttorney number,the
above-mimed Individuals and the details of the bond to which the power is attached