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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-757 � I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 17, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER , GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2002/ 757 SUBJECT: Approval of Road Improvement Agreement for Watermill Road for RA 1124(cross- reference SUB 7976),being developed by Windemere BLC Land Company,L.L.C., San Ramon(Dougherty Valley) area. (District M) The following document was presented for Board approval for Watermill Road, road acceptance file RA 1124(cross-reference SUB 7976),property located in the San Ramon(Dougherty Valley)area, Supervisorial District M. A Road Improvement Agreement with W indemere BLC Land Company,L.L.C.,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 ofroad and 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: LT-.CW I hereby certify that this is a true and correct copy of an action 0:\GrpData\E4svc\Boti2002\12-17-02\RA 1124130-1s.aoc taken and entered on the minutes of the Board of Supervisors on originator. Public Works(BS) the date shown. i Contact T.Ric(313-2363) cc: Public Worcs-T.ML Carat action ATTESTED: DECEMBER I7�, 2002 P1ano�(P) of T—Its-17-03 JOIN SWEETEN,Clerk of the Board of Supervisors and WWenxre BLC Land ConVany,L.I..C. Cour Administrator 3134 Crow Canyon Place,#310 ' San Runon,CA 949$3 Attn: Brian Min St.Paul Fire and Marine%sunwe Company 333 City Blvd.West,#1104 By � Deputy orange,CA 92868 Atte: Patricia K Breboer REsoLUTiON NO.2002/ 757 SUBJECT: Approval of Road Improvement Agreement for Watermill Road, RA 1124(cross- reference SUB 7976)being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: December 17,2002 PAGE: 2 I. Cash Bond Performance Amount: $42,070 Auditor's Deposit Permit No. DP 396089 Date: November 18, 2002 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: SW 0161,November 13, 2002 Performance Amount: $4,164,930 Labor&Materials Amount: $2,103,500 Principal: Windemere BLC Land Company, L.L.C. 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. 2002/757 ROAD IMPROVEMEICTAGREEMM Develor: de ere C and Comoanv.LLC Effective Date: /Z. 20d2r Development: JB 797Fj Completion Period: I year Road: RA-11.24.(Cross Ref.SUB 7976) WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company THESI SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Winderneme,LLC, A Delaware limited liability company C47N R4 COSTA COUNTY PEVEL©PER Managing Member Maurica.M.Shiu,Public Works Director BY:Canner Homes of California,Inc., Managing Member By; (signature) (print name&T tle) DW LlIrson,Vice President V ' By: (signs i ` �� B Engtneenrt cin Division (print name4& L Lynn J 06m,Asst.Secretary'Victor J.Westman,County Counsel (NOTE: All sib to be rdmovAedged If Subdivider is wcmporatt4 sWadumi must confer wM the dmigeated rqn-aitadve Xcupa pumustd to Cerporatiama Cods 3.313.) 1. 1�TIES&DATE.Effective on the above date,the County ofContm Costa.California,hereinafter called"County."and the abo mutually promao and agree as follows concerning this development: 2. Developer agrees to install certain road improvements(both public and privatel drainage improvements,signs,street lights,fire hydrantsIandscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file w'h 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 firom date hereof in a good workman like manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMiMt] MEN'I SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Perfo anco lad tlVMntoo: S 42.070.00 cash,plus additional security,in the amount of S 4164-930m which together total one hundred percent(100%)of 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 acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of S 2.103,500—DO which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,cartified check,or cashier's check J _ 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 furnishing labor or materials 1e them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amountsecurities may be rOuced in accordance with S94-4.406 and S944.408 of the Ordinance Code. 4. GJARANTEE AND WARRANTY OF WORK Developer guarantees that said work shall be free from defects in material or workmanship and shall perform setisiacmrily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6," " of the Ord'nanco Code. Developer agraes to correct,repair,or replace,at his expense,any defects in said work. T'ie guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. DANT ESTABLISHMM WORK. Developer 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 past 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 Bard of Supervisors accepts the work as complete. 6. R3PRQVEMENT PLAN Developer 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 development. 14 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 proridsed. 7. V-01 M VER BY COUNTI'. Inspection of the work and/or materials,or approval of work and/or materials or statement by arty officer,agent or employee of the Counv. indicating the work or any pert thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materiala,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 County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof, 8. �i hWM: 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,ageets,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 belos,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,clair-1 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 eau ins liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable tri the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D Non-Conditio a: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared„ supplied,or a bproved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any ofthew matters,or thatthe alleged dam*,. resulted partly form any negligent or willful misconduct of any Indemnity. 9. _QS§TJDeveloper shall pay when due,all the costs of the work,including inspections thereof and relocating euisting utilities required thereby. 10. FSN tR tvtANC'E Atm CC :If Developer fails to complete the work within the time specified in this Agreement,and subsequent or fails to maintrin 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 0.:e County(including,but not limited to: engineering,inspection,surve)s,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 an&or maintain the work. Ohre action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even ffDwmlqw subsequently completes the:work. SheI 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 completathework. 11. RE(QR?0RA_ON/ JM. 1t before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated[ss a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as€/tough Developer had contracted with the city originally. 12. TS12ER61'ION. In consideration hereof: (Ch,ack applicable section(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 LL:kw TW34%SHARDA: WORDAG.za.doe Lev.April 6.200E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ( 122 ( 0�sA ss.® on N'SVI 19 Q ``�before me �.'t- � , �* - �l 1 '\C �.ry �y ✓� to Name ar 11tla of fe q.,:faew Pubk-) personally appeared Y -Name(a)of9nerie) 34personaily known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are _ subscribed to the within instrument and T. USTIN acknowledged to me that he~hey executed _ Commission i37�739 the same In hl:�t'hertrthelr authorized �+r► capacity(ies), and that by hia}trtrr/their Notary Public - California signature(s)on the instrument the person(s), or Contra CO3t0 County — MyCcxnrr,, Ucfi7,2t�Ob the entity upon behalf of which the person(s) acted, executed the instrument. �` a d ofFiseai. ,, ,- SiBn®aas o Notary ubibciai OP l IOfYAL Though the intormatlon below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort 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: MEN ❑ Individual Top of ftgrb hm ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 IM National Notary Assodatlon•8368 De Soto Ave.,P.C.Sox 2402•Chatsworth,CA 91313,2402•www.nationainotary.org Prod.No.6987 Reorder.CaA 7olkFrea 1.804878.6827 COUNTY OF CONTRA COSTA . IEPi�$IT PERMIT ' ICE OF co IT AUDITOR-CO LLEt : TREASURER: MARTINEZ,CALIFORNIA. RICENELI>�ROM , (0%pi-flan) ORGANIZATION NUMBER wf'' (For Cash Cion Procedures'see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT TASK OPTION ACTIVITY AMOUNT 5 WAID MAI c � I r r. i i I . i i - I i E_XFLANA'f IDN I :. .- TOTAL DEPOSIT' Depaftcorieist:df tf s iterra COIN and CI,*RI$NY: S CIECKS,.M BANK DEPOSITS $ . FOR AUDITOR=CON'fROLL.Ek USE ONLY. DEPOSIT PERMIT D '::.. -. NUMBER ¢' DATE .. . ASSIGNED The anwunt r f money described about is for. Tress s ei of a a nt i Receiptkof above amount is hereby ait Tito County T ury. edged Signers�.,. '✓!� 1 (� i 1 �, ' �,, . D"ty County Treasurer.. [3-3fi REQ tT jL :' ZL ttE! . 0 .. y 0)�b0 S 000649-9665 1831000; G1108301, 19 075.54,,:,S 63; andscape Improvement Plan..Review, Shapell Industries. ofNorthern California, 100 North Milpitas Blvd., PQ Box 361169, Milpitas, CA 95035 000649-9665 1 831000: G1108303, Thomas 0. Cole dba Cortelyou & Cole, 12540 Roble Ladera Road, Los Altos Hills, CA 94022 $ 5000.00, SUB 8458 Improvement Plan Check $10,000.00, SUB 8458 Inspection Deposit 819800-0800: 61108302, $42,070.00, RA 1124 Road Improvement Cash Bond, Windemere RLC Land Company, LLC, 3130 Crow Canyon Place, Suite 310, San Ramon, CA 94583 Executed in Duplicate Road No.: SW 0161 Developments RA 1124 (Crass Ctet: S !O 7976) Premium: $10,412.00 Iftiti"VE'Ilaw ftcu=y corm FOR ROAD Isst►ROVIN a"Acca r (Perf0munce.Guarantee. No pay==) (Caftraia GovernAUM Code§§66499-66499.10) 1. RMSTAL Of ROAD UU%OVR)4Vq'T`A 'Y aXr. The Developer(Prindpal)ha eececuted an agrewn= jtOad It apme went Agrcersiant) with the Copy to install and pay for sus, draauge and ott= improvements on, or along RA I I;; �to com pb to sud work within tete time speciflied for :Ompletion in the Road Isrtp �nt Agreement, all in accordance with State and locA laws and rulings, 2. (3SMA13eaN; wifidemm lmd CARMU LLC as Prtnep and St. Paul Fire and Marine* a cwporafm orpni=d under the laws of the Sufi of Minnesota _ md authorized to transact sway bushum in Califortaa,as 3utwy,hereby'idindy and scveraUy basad ourselves, wr> exe: ttors;adrainistrazcars, succMM and&S40 to the County of Coats Costa,California to Pay 40 follows. *Insurance Company 4%.. Pe farmaAex: gK M011911 QUit Hundred Sim Igor 3j9Mn_dWarr Dollars(S 4.164938 Uri 1 for itsdf or any city assipee under the above County Road Improve art Agreement, plus 13... payment: Ivo lVisllio Ou e Ely— in Title: 15 §§et seq.of the Civil Code of the Stats ofCaUfuria. 3. romrrm: A. The C oftbu obligation as to Sewn(2.A.)above is such that if the above bonded Ft�irudpal„ or _ 's eateasors, m4nimisxratea O K=eSsors or assiM slab to All things Stand to and abide by and well and ttuly keep and perform the coveesuM co ndkiM UW ptovtskm in the said We sac = and any altetation thereof made as tlimdu provided on it or its part, to be kept and perfes TAW at the time and in the awma thwaian Vedfiie d and in all respects ae:cordiag to their true intcaat aril inewas and shall indemnify and save: bea ml+ess The County of COMM Costa or city us and employees, as tham stile+tlsett this obligatm shoo b ome WD and void.O*ff lse it shaU be and reran in Ail ftu ad enact. As part of the obliption secured baxeby and in addition to the face amount specified dw refore,than shall be included reasonable costs,awmes and fees,including reasootbie atwroWs km ietcwred by the County ofComm Costa or city a m aseaR:sfiirlly enforcing such obligation,alt to be taxed as cocain and iacl rded hat anyMpnew re dcre i IL The condition of dis obligation, as to Section (22.) above, is such that said Principal and the as P_Swd as corporaze surety are bald &Wy bound ww the Couray of Coruna Cosa and all c oataactots,sub ara--toars,labasrat%nwerial am and mbar persons in the p erbrmance of the albresaw agreement and re&wtd to hair tha adbrasaid Ciwd Code,for mks Aumshed.labor of any br4 or for amounts due asrrdear the Unempkrymeat htsurance Act with respect to such wait cw labor and tbst said undersigned amy will pay *a wino as an urARm rax exceeding the amount berm above set Am*and also,incese sunt i3 brov&upon this bond„will pay,in addition to the +t mat the t4 gable corm and ,irrehADS r1el,6 rrr#rble at erne"fes,inm r by the County ofC+cm m Costa or chy assigner,in sixeessAiDy edorcuV such obligation.to be awarded and AxW by the court,all to be said as ops and to be included in thejudgement thwein rendered. It is hereby expressly stipulated and agreed that this bond shish inure to the benrefrt of any and ail pasom companies and corpoasnoas to,fib daims wider'Tide 15 with Seaiarn of Part 4 of iDivuion 3) od'the Civil Coda at the State oaf Cal> xtria. son as aAgive a of action to them or their assigaxr in any suit bt au#st upon this bond. Should the wortunder the conditions of osis bond b+r�l��Py Mftrrmred, then this obligationshalt becorne as ull sial void, ' M.iMtf No arha<aurwn ofsagd Roadbaprro t,Agareement oar any plan or oaf said wort argreed to by the Principal and the County shrill relieve the Surety f om liability on this bond and consent is benby si'veaot to r e such alteram without firer notice to or cmum by the Surety aid the SureV hereby warves the provisions orfCalitwo a Cites Coda:Se f1on 2819 and holds itself bamd withwnut resard to'and indeptareleaddy of my acdou apinst Principal whenever tam SIGINW AND SLED: WI111DEMERE BLC LAND COMPANY, LLC By4 Lennar Homes of California, Inc. STP MAUL FIRE AND MARINE' 'RtlalCVAI+: its manaaerSrUIRM: INSURANCE COMPANY j130 Crow Canon Placej #310 Addntss. 333 B11d, Weal #II00 ...n.�.Y�.PN •i1P�PYI�IP 3'P�PIPI Pi�111PPr. w..an mon CA 94583 n e CA 92868 ty. , �Yrtt rP.�,..P, ' ,1►_..P.�m pmg K&4": Patricia H. Bre'bner ....._.� Tt'tlas: Arto ►4ir-Fay «P CALIFORNIA ALL-PURPOSE AC" 'IOWLEDGMENT No.6907 State of California County of Orange On before me, Alexis H,Bryan,Notary Public , (SATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER($) } personally known to me-OR- © 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 helshe/they executed the Same in his/her/their authorized capacity(ieS), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument. ALEXIS N.SRYAN IWITNESS my hand and official seat. %My Commission#1306738 z Notary Public-California orange County ,Comm.Expires Jun 1,2005 SIGNA RE F 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ® PARTNER(S) LIMITED GENERAL ATTORNEY [� TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME of PERSON(S)OR ENT"Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067fGEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rpt Ave.,P.O.Box 7184•Canaga Park,CA 91309-7184 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 75 1401649 Power:of Attorney No. Certificate No. KNO',V 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.Pttl Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the lo,3s 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 Fi3elity 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,i€;a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies), and that the Companies do hereby make, consti#ute and appoint Jaules 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#ity of Costa Mesa State California their true and lawful Attomey(s)-in-Fact, each if 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 perforraance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN ATrNESS WHEREOF,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 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 "� •rsar Q' ". PETER W.CARMAN,Vice President State of,:Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this; 4 day of October 2U01 before me,the undersigned officer,personally appeared Peter W.Carman and Thomas`E.Huibregtse,who acknowledged themselves to be the Vice 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 Guarana y Insurance Company,and Fidelity and guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Coftpanies;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 corporations by themselves as duly authorized officers. In Witrt:ss Whereof,I hereunto set my hand and official seal. ONO')My Corr mission expires the I st day of July,2006. REBECCA EASLEY ONOKALA,Notary Public 86203 Rev.7-2002 Printed in U.S.A. Th.--4 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 ar'J Marine Insurance Company,St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Comparry, Fidelit4 and 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 OLVED,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 Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accrdance 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 Coripany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, undr their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the>eal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes onk 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 emmuted 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 whif h it is validly attached;and RE t7LVEU 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 writings 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. 1,Thom;3s E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paut Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underw;xters,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 efff,.t and has not been revoked. IN TES?ITMONY WHEREOF,I hereunto set my hand this 13th day of NOVBmber 2002 1IINk.?r i Ttl INd ,xs�rq, '�r Thomas E.Hunbregtse,Assistant secretary To verifg the authenticity of this Power ofAnorney,call 1-800.421-3880 and ask for the Power ofAttomey clerk. Please refer to the Power ofAtterney number,the above-named individuals and the details of the bond to which the power is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of c rrs\�, ss.�� Can_ before me, vote Nam.and TWe of Officer(a.g.,Jar»Doe,Notary P personally appeared Nam.()of Signer(s) *ersonally known to me t] proved to me on the basis of satisfactory evidence to be the person(orwhose namely"isLare- t AUSTIN subscribed to the within instrument and Comtrtlsslon# 1378739 acknowledged to me that he/sheAhey executed ` Notary Public - Cantomla the same in hisflrw 4 0tetr authorized Contra Costo County capacity(."p and that by hisAierAheir t,+ty n,E sGct7 Wr.1L signatureKon the instrument the person(aror the entity upon behalf of which the personas}-- acted, executed the instrument. nandand official seal. O.. m Notery . OPTIONAL Though the information below is not required bylaw,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: WORM ❑ Individual Top of thumb here ❑ Corporate Officer---Ttle(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 1999 Nadami Notary AeaocWdon«9360 De Soto Ave.,P.D.®ox 2402«CAata.roPot,CA 91373-2402+www.nationainotary.org Prod.No.5907 Reader.,Cal lol•Free t- X1.8788827