HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-621 '. 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 14,2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENPERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 621
SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway and Albion
Road,RA 1142,(cross-reference Subdivision 8507),being developed by Windemere
BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Windemere Parkway and
Albion Road,road acceptance file RA 1142(cross-reference Subdivision 8507)property located in
the San Ramon(Dougherty Valley) area, Supervisorial District M.
A Road Improvement Agreement with Windemere 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 of road
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
Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors
Contact: Teri Rie(313-2353)
LT:nn on the date shown.
G:\Grpl)ataTngSvc\BO\2003110-14-03tRA 1142 BCS-Mdoc
cc: Public Works-T.Bell,Construction
-J.Gray,Engineering Services ATTESTED: OCTOBER 14, 2003
Current Planning,Conannnity Development
T-August 7,2004(Pl) JOHN SWEETEN,Clerk of the Board of Supervisors and
Windemere BLC Land Company,LL C.
Brian Olin County Administrator
3130 Crow Canyon Place,#310
San Raman,CA 94583
Fidelity and Deposit ConVany of Maryland
Patricia H.Brebner
225 S.Lake Avenue,Suite 700 By _ __,Deputy
Pasadena,CA 91101
RESOLUTION NO.20031 621
ZURICH
THIS IMPORTANT D SURE NOTICE IS PART YO OND
Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American
Insurance Company, and Americana Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance,Act of 2002. No action is required on your
part.
Oisclosg a of Terrorism Pre�r_ iMM
The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is
$ _wairved, This amount is reflected in the total premium for this bond,
D sclosarg oo'AvailabiLity of Coverm for Terrorism Loages
As required by the Terrorism Tusk Insurance Act of 2002,we have made available to you coverages for losses resulting
from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
DUglowto-A-F-Ocralr sa ane 's T ossa
The Terrorism Risk Insurance Act of 2002 establishes a mecbasnism by which the United States government will share
in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid
losses in excess of on annual aggregate deductible. For 2002,the insurance company deductible is 1%ofdirect earned
premium in the prior year,for 2403,7%of direct earned premium in the prior year;for 2004, 10%of direct earned
premium in the prior year; and for 2005, 151%of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90%. In the event the United States govemrnent participates in
losses,the United States government;may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed$100 billion in any one calendar year.
$„t,� ition of.Act of I rrorlsm
The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States-
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life,property or infrastructure;
3. to have resulted in damage within.the United States, or outside of the United States in the one of an air carrier
(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based
principally in the United States,on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States),or the premises of a United States mission;and
4. to have been committed by an individual or individuals acting an behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But,no act shall be certified by the;Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress(excerpt for workers' compensation)or property and casualty insurance losses resulting from the
act,in the aggregate,do not exceed$5,000,000.
These disclosures are Informational only and do not modify your bored or affect your rights under the bond.
Copyright buich American Insurance Company 2003
SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway and Albion
Road,RA 1142,(cross-reference,Subdivision 8507),being developed by Windemere
BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III)
DATE: October 14, 2003
PAGE: 2
1. Cash Bond
Performance Amount: $64,500.00
Auditor's Deposit Permit No. DP 408869 Date: July 17, 2003
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Band Number and Date: 0864 1836 July 7, 2003
Performance Amount: $6,385,500.00
Labor&Materials Amount: $3,225,000.00
Principal: Windemere BLC Land Company, L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said read improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 2003/621
KQAAD IMP&2YEMOT AQUEM Developer; Windemere BLC Land Comcnany. 7 LLC Effective Date: � id
Development: RA 1142 lC'rocc Ref SUB 85071 Completion Period: I year
WINDEMERE BLC LAND COMPANY LLC,
Road: Windgmere Pffhy&y& Albion Road A,California limited liability Company
By:LEN-OBS Windemere,LLC,
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: A Delaware limited liability company
Managing Member
CONTRA COSTA C01M DEVELOPER. BY:Lennar Homes of Califomia,Inc.,
Maurice M.Shiu,Public Works Director Managing Member
-�- (signature}
13y: (print name&TitIe) Don Larson,Vice President
RECOMMEiS ED FOR APPROVAL
(signature) %
By. A A (print name& le) IAn Jochim,Asst.Secretary
Engineering S ees ' t
FORM APPRQVED: Victor J.Wessman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313)
l. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"C un "and the above-mentioned Develoneer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENT. Developer 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 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's within the above completion period from date hereof 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 requirements shall govern.
1 MRQVEMENT SEC=. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Pcrkmano gad Gusr�eatr toe_ S 64J9q.00 cash,plus additional security,in the amount of 5. 6,385,500-M
which together total one hundred percent(1000K)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. Fg Pgvmertt: Security in the amount of 5 3.2z5 which is fifty percent(50016)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
XAcceptable 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 to 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 reduced in accordance with 5944.406 and 594-4.408 of the Ordinance Code.
4. CQUAMNTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"
of the Ordinance 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 ESTABLISHMENT 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 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.
6. IN2ROVEMENT PLAN WARRANTY. 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. 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 COUNTI. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this 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. 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 below,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 of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The Actions causing)iabi iri 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-Conditions: 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 damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. Com : Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
or fails to maintain 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 attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/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 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 though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check 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
RL:kw
\\PWS4\SHAROATA\GrpData\EngSvc\Forms\AG WORMAG-24.doc
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of ` `1 1 �-("c\,\i Com' OPTIONAL SECTION
County of C CLQ - - -1. CAPACITY CLAIMED BY SIGNER
on y. before rne, \ , t V h 5 1 , t Though statute does not require the Notary to fill in
NAME,TI�FFI E �JADOE,NOTARY PUBLIC- the data below,doing so may prove invaluable to
persons relying on the document.
personally appeared � '� 5�I� .
C INDIVIDUAL
personally known to me-OR-C proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(,)whose name(,)Ware TITLE(s)
db be
subscribed to the within instrument and
T.AUSTIN acknowledged to me that hdkeh
shey executed 0 PARTNER(S) D LIMITED
Commission# 1378739 the same in hisilerltheir authorized 0 GENERAL
Notary Public California I capacity(its),and that by hi0rerttheir
s Contra Costa County signature(s)on the instrument the person(s)or � ATTORNEY-IN-FACT
My Comm.Expires Oct 7,2006 W the entity upon behalf of which the person{s} 11 GUARDIANICONSERVATOR
acted,executed the instrument.
0 OTHER:
_—_. 7 any and and a'r ial seal(,
SIGNER IS REPRESENTING:
(NAME OF PERSONS)OR ENTITY(TES)t
lGNATU OF ARY
4� .
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The fallowing information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES The name and interest of the signer should be typed or printed BENEATH the signature. The
name muster signed exactly as it is typed or printed.
II. SIGNAURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property musta✓6`statedc.
III. SIGNATURES FOR PARTNERSHIPS - Sigging party must be either a general partner or be authorized in writing to have
the authority to sign a�n ' in�tT1e partnership.
IV. SIGNATURES FORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. �b�aThe Chair of the Board
The President
cAny Vice-President
GROUP 2, jaThe Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:"tW
GAGrpDou1EnSSvc\FornuIWORD FORMS\ALL PURPOSE NOTARY.doc
Rev.Autuat 1,2001
{ COUNTY OF CONTRA COSTA
L DEPOSIT PERMIT �
OFFICE OF COUNTY AUDITOR-CONTROLLER J
TO THE TREASURER. MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER . Y_�Lo 0
(Por Cush Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB, TASK TION ACTIVITY AMOUNT
ACCT.
,J "o A �3
ftOR53 t �
9 / / / ,qtr: q
off` 17q' 5 <�- ..5- !
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1
E N IUTOTAL $
Ce 6 r fIIr.:26 14 DEPOSIT
t /ff / / Deposit consists of the following i
E�..
� I 9 0 .s t f l a ,'rLL � N and CURRENCY tb !
CKS,
NK ET�.. .Y ��,.✓,t�•J j r��
DEPOSITS $
r POR AUDITOR-CONTROLLER USE ONLY
j
_5 � t { (t f i�' / �' / " V,12" 6'11161c.22,117'. DEPOSIT
PEa�
NUMBER
DATE1110
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of abate amount is hereby
deposit into the County Treasury. acknowledged r
e4 a cl iL7A
I' Si d- Signed:
t� EXT -, y Deput County Audjto4 Deputy County Tmosurer
-34REV.(7-93) y
�`j 1
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER: .
RECEIVED FROM �f
(d7gaeubo+iar,}
ORGANIZATION NUMBER Y
A
(For Cash Collection Procedures see County Administrator's Bulletin 195.)
DESCRIPTION FUk /ORts � TASK OPTION ACTIVITY AMOUNT
t
i
t
t
1
1
I
1
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}
1
I
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1
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EXPLANATION: TOTAL !
DEPOSIT 1
Deposit c of the fokwing items
COIN and CURR $
CHECKS,M.O,ETC.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE
DEPOS
PERMIT DP t-r-`�'S..I
NUMBER
f DATE �1 ,
NED o
The arnount of money described above is for Treasurer's receipt of above amount is approved Receipt of above arnou ` hereby
deposit into the County Treasury. acknowledged
Date
Ti t` � 1 l l EXT. �' �.�� Signed: "I 111A
Deput C arty Auditor Deputy County Treasurer
7-3d REV.(7-93) (J
0648-9140 / 812100: 61116868, $1,804.00, MS 21-93 Drainage Mitigation
Fee (Green Valley Creek), Diablo Valley Estate Company,LLC, 101 Ygnacio
Valley Rd, Ste 330, Walnut Creek, CA 94596
0649-9665 / 831000: 01116871, $9,020.00, DG0015, Drainage Acceptance
Plan Review Deposit, Windemere Phase II, Water Quality Pond b,
Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 / 831000: G1116872, $14,780.00, DG 0025, Drainage
Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds
7&81, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583
819800-0800: 61116869, $1,000.00, Sub 8531, Cash Bond for Landscaping,
Janin Assosciates, 357 Stow Lane, Lafayette, CA 94549
819800-0800: G1116870, $2.905.00, Sub 8531, Cash Bond, Janin
Assosciates, 957 Stew Lane, Lafayette, CA 94549
819800-0800: 01116876, $12,900.00, RA8712, Performance Cash Bond
(civil), Windemere Phase II, Village 20, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
819800-0800: G1116880, $10,100.00, Sub 8713, Performance Cash Bond
(civil), Windemere Phase II Village 21, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
819800-0800: G1116884, $15,200.00, Sub 8714, Performance Cash Bond
(civil), Windemere Phase II Village 22, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon,-CA 94583
819800-0800: G1116888, $16,400.00, Sub 8715, Performance Cash Bond
(civil), Windemere Phase II Village 23, Windemere BLC LLC, 3130 Crow
Canyon Pl, ##310, San Ramon, CA 94583
Executed in Duplicate
Bond No.: 0864 1836
Development: RA 1,142 (Cross Ref. SUIS 8507)
Premium: $44,695.00
IMFROVEME NT SEC1JIUTY BOND
FOR TOAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cone §§ 66499 - 66499.10)
I. RECITAL OF ROAD IMPROVEMENT ACREEMENT: The Developer(Principal) has executed in agreement
(Road Improvement Agreemenx) with the County to install and pay for street, drainage and other
improvements on, or along RA 1142 To complete said work within the time specified for completion
in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OULIG.kTIO : Windermere$LC Land Corn ars L.L.C. ,as.Pri dpal and
F- delity and Deposit Company of MaryUnd , a corporation organized under the laws of the State
of Maryland- - _-_—, 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:
A. Performance: Six Million Three ffundred Qi h Fine Thousand Five Hundred Dollars
( _ 6.385.500.00 ) for itself or any city assignee tinder the above County load
Improvement Agreement,plus
B. Payment: Three Million Two Hundred Twen Five Thousand Dollars
($ 3.225.0110.00 )to secure the claims to which reference is made in Title 17
§§ et sect. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(?_A_)above is such that if the above banded 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 previsions in the said
agreement and any alteration thereof made as Therein provided on it or its pam to be inept and
performed at the time and in the manner therein specified and in all respects accordiruS 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 becorne
null and vain; otherwise it shall be and remain in full force uld cflecl.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 8. 2003 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. :
5. �_ZNALD
i Comnssc
a Nptary JIC C0j'jf(XTJ(2
orange CouniY
� f` MyCor_M E_)0msApr16,2W4
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document. Improvement Bond No 0864 1836
Number of Pages: Two 2)
Date of Document: July 7, 2003
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE Af 'OWLEDGMENT No.5907
State of California
County of Change
On July 7, 2003 before me, Rhonda C.Abel,Notary P'ubhe
DATE NAME,TITLE OF OFFICER-E.G.,`JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner r
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) 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 person(s) acted, executed the instrument.
WITNESS my hand and official seal.
r RHONDA C.ABEL
COMM #1312777 NOTARY PUBL C-CALIFORNIA SIGNATURE OF NOTA
' ORANGE COUNTY
COMM.FNP.AUG.9,2005
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
C] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
nnE(S)
[] PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
[j GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON{S}OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmot Ave.,P.O.Box 7184•Canoga Paris,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in
pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,w ' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and
appoint Patricia H.BREBNER,of Irvine,California, its true and law d e ,to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act a takings and the
execution of such bonds or undertakings in pursuan 's on said Company,as fully and
amply,to all intents and purposes,as if x 6 y ged by the regularly elected officers of
the Company at its office in Ba xr r his power of attorney revokes that issued on.
behalf of Patricia H Se e
The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- ° ny,and is now in force.
IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OFF MARYLAND, this 4th day of February,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
't0
DEPU�rP
By:
T E. Smith Assistant Secretary Paul C Rogers Vice President
State of Maryland ss:
City of Baltimore
On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025M
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI,Section 2. The Chairman of the Board,or the President,or any.Executive Vice-President,or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements,decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting drily called and held on
the pith day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 7th -- - -day of July 2003
,
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Assistant Secretary