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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-742 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 742 SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 0021 (cross-reference Subdivision 8509), 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 this date for Storm Drain Outfall DA 0021 (cross-reference Subdivision 8509),property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement. Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of drainage 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 taken and entered on the minutes of the Board of Supervisors on the date Origirwor.Public Works(ES) Shown. Contact: Teri Rie(3I3-2363) Jfr:gpp 0:\Crrpbata\EngSvc'aO\2003\12-OM30A21BO-20.doc ATTESTED: DEER 09, 2003 cc: Pubic Works- T.Bell,Constriction T-September,200'04 y 'Bn�v�eerug JOHN SWEETEN,Clerk of the Board of Supervisors and County Windemere BLC Land Company,L.L.C. Brian Olin Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Fidelity&Deposit Company of Maryland Patricia H.Brebner 225 S.Lake Avenue,Suite 700 By ,Deputy Pasadena,CA 91101 RESOLUTION NO.2003/742 " , SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 0021 (cross-reference Subdivision 8509), being developed by Windemere BLC Land Company,L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: December 9, 2003 PAGE: 2 L Cash Bond Performance Amount: $4,100.00 Auditor's Deposit Permit No. 412346 Date: September 25, 2003 Submitted by: Windemere BLC,L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 0871 9219 Date: September 10, 2003 Performance Amount: $406,900.00 Labor&Materials Amount: $205,500.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2003/742 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0021 (Cross-Reference SUB$509 _ Effective Date: Completion Period: 1 year Developer: Windemere BLC Land Company L.L.C. WINDEMERE BLC LAND COMPANY LLC, a California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER By:Lennar Homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member in� t ��, 1.�� (signature) By: (print name&title) Don rson,Vice President RECOMMENDED FOR APPROVAL By: Enginder' g Se r s Division (print name& e) Lynn J im,Asst.Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" un "and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans 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). Developer shall complete said work and improvements(hereinafter called"work")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 them is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $_ 4,100.00 cash,plus additional security,in the amount of$ 406.900.00 together total one hundred percent(100'!0)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. X 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. Far Payment: Security in the amount of$_ 205,500.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. „k- 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 of the securities may be reduced in accordance with S94-4.406 and S94-4.405 of the Ordinance Code. 4, GUARANTEE 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(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT 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. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 lia ilitie 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 proceedings)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. S. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-P RFORM NCE 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. 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 proceeds to complete 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. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RL:kw UPwS4\SHARDATAtGrpData\EngSvc\Fonns\iG WORMAG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of k)TC r6 ss. On c���Jbefore me, AR(ZE3\l l..•K'c&,fA6j -T-AP 1' t'3tJ DateNeme and Yttla of OMcar f a.g.,"Jena ,Notary Public") personally appeared s �C�f�l �.r' S' L`st�S A s--. L–`i im im Name(*)of Signer(s) ' 'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are KAREN L. KEENAN subscribed to the within instrument and Commission# 1378827 acknowledged to me that heA@Wtthey executed aw Notary Public - California the same in hist/their authorized Contra Costa County _ capacity(ies), and that by -4k0w/their My Comm.Expires Oct 7.2006 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS rt hand an , ici I,96ai. signature of a Public OPTIONAL Though the infomration below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Titles): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 9 I M National Notary Association•9350 Gs Soto Ave.,P.O.Box 2402•Chatsworth,CA 81313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free t-800.976.6827 COUNTY OF CONTRA COSTA r ' DEPOSIT PERMIT {' w OFFICE OF'COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER �-50 0 -PU Cj L i If �1)k K' s (For Cash Colection Procedures sae County Administrator's Bulletin 105.) DESCRIPTK)N FUNDJORCx ACCT TASK TION ACTMTY AMOUNT 1 d6 57 i k)4-C -0j fsxcs , . , .- . , , - F .. a ' S c 06) ` Cly i = (& 6 SBC ` ►' W01061 I I&LO,�7 1 r / (� i t 1 l 1 t t � 1. �-f 411t EXPLANATION: TOTAL $ on) { 1121„sW DEPOSIT 20 lc as corls6wof the folla wkV WIN and CURRENCY SOy �. �' � ChtECICS„MU,ETC. 'S r"�'�I• r. BANK DEP OSMS 3 < f o q 7-' j e,91754, 11/6,17 7/73 V 7 �7 �l -FCM,4UDff0R-C0NTWUER USE 0I%LY DEPC35tT PERW < �, w r t 3 . r:%� r• 8 ,I)o27 Numm" 4123 - -- 6&2LjZ3 Grp .cax LN l:?fid:r DATE J 1 ASStCiN1ED r3 7 � I r?,a ,��, rf{DC The ommx*of mousy described abo"is for Traasursr's receipt of atsws amount is d. Receipt of above amount is hereby deposit into theCounty Tmosu ry. ackaxnvledged jA Titles 'f EXL 3" SO*& Ct"ty County Treasurer -34REV.{r- r JCi tax t� 12Su r 6txr a R w R SAM= / MIN Room ! , ME =IEMMIMMI MME t ♦ MEN1,im FM MR 0 IM Wom KIM S 001 ME UZ.- MIMME =goMIMI R�'• r -R 1 COUN i Y OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ;> MARTINE!,CALIFORNIA (f TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER ` (For Cash Collection Procedures sue Cour*y Administrator's 501letin 105.) SUB` FUND/ORG CC TASK TION ACTIVITY AMOUNT DESCRIPTION ACCT. i q0 06 ,Uil JAI 0 i 1 1 i I 4 i i 1 1 i t i t t t 1 t I I t t i i 1 EXK ANATION: TOTAL DEPOSIT Deposit consists of thtfollowing items ' COM and CURRENCY $ CHECKS,Mme,ETC. $ --- -- - SAW DEPOSITS $ PCXR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT np 3 ti , NUMBER DATEASUONED � �_ The ammw of moray described above is for Treasurer" ipt of above is approved Receipt of above amormt is hereby deposit into the County Treasury. acknowledged rMie EXT..J' t Deputy Cou+ty Audhor �{ Deputy County Treasurer D-34 REV.(7-93 ., 819800-0800: 01121584, $4,100,00, bG 0021, Performance Cash Bond, Windemere BLC LLC, 31303 Crow Canyon PI #310, San Ramon, CA 819800-0800. G1121594, $1,388,00, M5 015-01, Cash Bond, Chetcuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 / 831000: 61121566, $750.00, MS05-01, CDD Cost Overrun, Chetcuti & Associates, Inc. 1204 Alpine road, Suite 3, Walnut Creek, CA 94596 0649-9665 / 8310000: G1121567, $1,124.00}, M505-01, Improvement Plan Review, Chetcuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 / 831000: 61121568, $9,745,00, M505-01, Inspection Fee, Chetcuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 0649-9665 / 831000: 61121574, $1.M.00, Sub 8016, Inspection Deposit, Summerhill Construction.(Stone Valley), 777 California Avenue, Palo Alto, CA 94304 0649-9665 / 831000: 61121574, $1,000.00, RA1101, Inspection Deposit, Summerhill Construction (Stone Valley), 777 California Avenue, Palo Alto, CA 94304 0649-9665 / 831000: 61121575, $500,00, RS2832, Sury Job# 0307, David & Devon Jero,1186 Danville Blvd. Alamo, CA 94507-2141 0649-9665 / 831000: G1121576, $°OW.00, RS2833, Sury Job# 0305, Chauncey Edwin & Marilyn Fleetwood, 290 Marshall Dr., Walnut Creek, CA 94598 0649-9665 / 831000: 01121577, $500.00, 852834, Sury Job# 03042, Camino Investment Corp, PO Box 100, Danville, CA 94526 0649-9665 / 831000: G1121587, $22,M.Ot1, DG 0021, Drainage Acceptance Inspection (civil) Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 f 831000: G1121593, $2,700,00, MS 3-98, Inspection Deposit, Trademark Homes Ltd, PO Box 788, Danville, CA 94526 Executed in Duplicate Development No: __.DA QQ I ss--!&f SIM 85091 Bonds 0871 9219 Premium: $2,848.04 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,ANQ labor and materials) 1. 011LIGATI Ns WindeMea HLC L as Ptiricipal,and FidelijX and Deposit Company of Mar land , a corporation organized and existing under the laws of the State of Mayland and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors and assigns to the County of Centra Costa, California to pay it, A. Faithful Performance,& Maintenance: Foar HUAdEld Six Qgsa Nine Ho,ArdX1100 Dollars (S 406.!M.00 ) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor& Materials: Two Hmdmd Five Tho- and Eine Har-wmd no OQ(100 Dolks ($ 205,51 ,QQ„ —)for the benefit of personas protected under Title 15 § et seq.of the California Civil Code. ?. RECITAL OF C+[],MBA The principal contracted with the County to install and pay for drainage and other improvements in ($11 8B 50+91 IDA=I _-_ ' 49 specified in the Drainage Improvements Agreement,and to complete said work within the tune specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for Sull 850a, Winde—mere 3. CONTIcNs If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the Counry,then this obligation as tri'Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the rine-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Suction 1-(8)above shall become null and void:otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bund; and consent is hereby given: to make such alterations without further notice to or consent by Surety, and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay seasonable attorney fccs flxcd by court to be taxed us costs and included in the judgement. 3. CQNP1T1QN-*- A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns, shall in all things stand To and abide by,and well and Truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its par-4 to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless rhe County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As put of The obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2(B) above is such that said Principal and the undersigned as corporate surety are held f=ly bound unto the County of Contra Costar and all contractors,subcontractors,laborers,material men and other persons employed in the performance of Tim aforesaid agreement and referred to in The aforesaid Civil Code for materials furnished or labor Thereon of any kind,or for amounts due under The Unemployment Insurance 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 cast suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded 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 persons,companies and corporations entitled to file clams under Title 15(commencing with Section 3082)of Pat 4 of Division 33 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be My performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specificationI of said work-agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given To make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever Taken. SIGNER $EALLM on September t0 2003 WIND kOD E" 46 B1. 0 PWNCIP A I by: ilea . Ho0 ee o" CLRif ornia, Inc. SURETY, IDELITY AND REPO= CCtMPANY By By e4;r e n;ce H. T son, V Presi ent arca ---:t Address Address 225 S. Lake Avenue, Suite 700 Mission Viejo, CA 691 Pasaaena, CA 91101 WORMN-10 dav CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 11, 2003 before me, Gordon J. Peterson, 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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. WDONJ.PETERSON Witness m and and official seal. Commission#1335380 Notary Public-California h -- Orange County My Comm,E*ms[lac 17,2005 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 SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 0871 9219 Number of Pages: Two 2 Date of Document: September 10. 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE; NOWLEDGMENT No.6907 State of California County of Orange On September 10, 2003 before me, Leigh McDonough,Notary Public , DATE - NAME.TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNERS) 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their slgnature(s)on the Instrument the person(s), or the entity upon LE-O*N MCOONOL1G behalf of which the person(s) acted, executed the Instrument. Commission#1328674 Notary Public-Califamis Orange County My Comm.Expires Neva 6,2005 WITNESS m hand and official seal. e SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent 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-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER; SIGNER IS REPRESENTING. DATE OF DOCUMENT NAME OF PERSON(S)OR ENMY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164 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.R.OGERS,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 snate,constitute and appoint Patricia H.BREBNER,of Irvine,California, its true and la d e ,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act a kings and the execution of such bonds or undertakings in pursua s Is n said Company,as fully and amply,to all intents and purposes,as if xe a ged by the regularly elected officers of the Company at its office in Bal ir his power of attorney revokes that issued on behalf of Patricia H S 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- y,and is now in force. IN WITNESS W 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 OF MARYLAND,this 4th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND fav° °z'. W t .z . 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. ROGER.S, 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. "AA., ► Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 412-5025M W ZURICH TEjjS �QRTANT DI NOT $ PAS YOUR ILO-ND Fidelity and Deposit Company of Maryland,Colonial,American Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Disk Insurance Act of 2002. No action is required on your part. i)iscISigfg of Terrarlm Par urn The pro mium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this band is waived. This amount is reflected in the total premium for this bond, DI scl 4,re 4 °vim or .+ a�verggc for mrorfam LOSM As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting ftm,acts of torrorisam(as defined in the Act)with teams,amounts,and limitations that do not differ materially as those for lasses arising from events other than acts of tworism. DjWsmre of"FederrA ShAft.of Tns� aIICe QIn>Ctaauv's�'erroart L&—W- The Terrorism Risk Insurance Act of 2042 establishes a mechanism by which the United States government will share in insurance cony losses multing from acts of terrorism(as defined in the,Act)&I=a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,&a insurance company deductible is 1%of direct awned pxmxzium in the prior yeast`,for 2003,7a%of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year,and for 2005, 15%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 Bove tern nt participates in losses,the United States government may direct insurance companies to collect a terzxrrista 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. I3oflni112n af,A,ct Of 1JUREIM The Terrorism Risk Insurance Act defines"act of tefforism"as any act that is rat ed by the Sea Lary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States` I. to be an act of terrorism; 2, to be a violent act or an act that is dangerous to human lift,property or utfrastrtzctrrre; --3. to have resulted in damage within the United States,or outside of the United States in the case of an air Owner (as defined in section 40142 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 bean committed by an Individual or individuals acting on 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 tarrorism,if the act is committed as pant of the course of a war declared by Congress (except for workers'compezr don)or property and casualty insurance losses resulting ftm,the act,in the gate,do not exceed$3,004,000. These disclosures are Informational only and do not modify your bond or affect your rights hander the bond. CopynSht Zuricls Amencan Insuranoet Company 2003 -m-.