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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-291 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 8,2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEIA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2004/ 291;, SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 01- 0021,being developed by Withers Properties, L.L.C., Lafayette area. {District ff} The following documents were presented for Board approval this date: L Map The parcel map of Minor Subdivision 01-0021,property located in the Lafayette area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Withers Properties, L.L.C., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements 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 shown. Originator:Public Works(ES) Contact: Frank Navarro(313-2264) ATTESTED: JUNE 08, 2004 KD:tm O:\G+FDat&\Engsvc\BO\2004\06-08-04\Ms of-0021 DO-21.aoc JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Public Works—T.Bell,Construction Current Planning,Corranunity Developtnent County Administrator Withers Properties,LLC 21-A Tiana Terrace Lafayette,CA 94549 Attn:Christopher Wright,Manager By ,Deputy RESOLUTION NO.2004/ 291 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 01- 0021,being developed by Withers Properties, L.L.C., Lafayette area. (District 11) DATE: June 8, 2004 PAGE: 2 A. Cash Bond Performance amount: $2,132.00 Auditor's Deposit Permit No. 424531 Date: May 13, 2004 Submitted by: Withers Properties,L.L.C. Tax ID Number: 02-0630462 B. Surety Bond Bond Company: Indemnity Company of California Bond Number: 5666635 Date: March 25, 2004 Performance Amount: $211,067.00 Labor&Materials Amount: $106,600.00 Principal: Withers Properties, L.L.C. M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $15,000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Indemnity Company of California Bond Number: 5666685 Date: May 4, 2004 Amount: $13,700.00 Cash Amount: $1,300.00,DP424825 Date: May 19, 2.004 Principal: Withers Properties, L.L.C. NOW,THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/291 < Val b �. 'L r till : i vets ,: il, b- Ir III < N1x j!Ipg � JINOS dx ILOwlI Valr Wga I f4 it g A11 1 lilt ilia 119 1IriIII s 6 _ I will, �� � 9 1 %PER cfile v : r PCs t fill H mill rlel Ill .. . < , if WIXXI b do AIX, 120 lit � :jig yet !t " *81lg 4 �- 1,41 lot �C -tit F NXXI fill i Y .�. I* lit 80 r z fall .5 ..nd : t i�1 •G Ri ,�M IC ^f V•N p y, ' ti � a5[ n & l Nail N »* 11511p5l1 J640 !J 3 1J h my 0+ AG C iSC p4 yB{R�XA� 25A3d ytk t 1 'OR �,,.•� R 4.P.'s jig XW*5412894 MINO '1 R11) y IE IMP rx 191 XMIM TO RJ4s } RW8IMYP 4 +v w RCY(RD) (WrtR .%3.2.'XRso 7t. Ra �aQ.xo` {aa} ' lit k 74 117 f .. .,, .,....,...d. .. - C a 2A oixoix, 2 A *G: -[�11 M =I-1-1 -- al. A, At . �.� .. 1t i J f� k, JE 1 ,�� �� INVa (ssxtxe.sa'Xarr) wl XW F& Lt � asr�rsr'rr 1310(rt � � .. r� sit if W � —— — cwm� VOSMa raY } �Ar4.6ST S:f ` (SS' 143 00)(810) 163.40 1� 11 62.79' 41-M-31.11 1!0.21'(00) V �tdU� . WHIT•9�1�3` �ccaaF4 - --- - ........ Wsff PERM OFFICE OF CC TV AUDM)R.CClh13'I OUSZ MA�z,CAurO A m TREASURM y, RECENEDIROM r, oRGANIZARON NL (Bor Cash C4&cliort Pmc*&m see CourNy Au&nkAstrahar's Buktkt 105.) DESCRtRTK)N FtmK3w^ AC TASK ACTIVITY AMC M -- 3 $ Fy C�(' 4' ,'ri t T 1 , 1 L1 ,_ L) 7 t 1 A 1 1� 1 1 1 1 , • I I 1 1 . I 1 1 I r 1 • I i EXPLANATKY* TMAL 1 DEPOSIT Deposit cov ids of the fdkrxirrg CONN and CL t#i'84CY $ CHECKS,MJM ETC. $ BANK DEPOSITS K)R AUDITOR-CCww MLLER USE CkWX DEPOSIT FERWT DP _ NUAOER Dt u 42453A NAV 1.3' The amount of mcnW described above is for Tramwer's of above arrroswrt is apiproved, Receipt of above amoure is hereby deposit auto Trery. aeknavrleded Deputy-Com"Au Aw Deputy e""Tneamurer D-34 REV.(7-93) r ' ✓' ; ., 1'3E"SIT PIAM1T _.. OFFICE OF COUNTY AUDITOR-CONTROLLER . MARTINEZ,CALIFORNIA O THE TREASURER. :ECI=#YE3 FROM ORGANIZATION NUMBER "�� (For Cash,Cokedion Procedures see CxKmty AdministraWs Bulletin 105.) SUL DESCWTION FUND/C)RG� A TASK TI CtN ACTIVITY AMOUNT $ ill t I I L L cI ! v 1d t R3N .. tl� Z"'qzza jog 3 '' t 31 Ileti 66 0J) > 1520 } 4b 5 61s 6' s 9 t EX ANAT t ' TOTAL $ DEPOSIT t -► Dwconsisft of**efalaWinq item ,` t ! 2l �/� 5-?J ((` 6413 7`. COIN and CURRENCY BANK t36('OSM $ FOR AWITORLSE{)FAY DEPOPERA+IIT DP NUMBER DAM ASS*NED The amount of money descnbed obove is for Treasurer's we'spt of above amount is appmved. Recon of adxm awftunt is hemby into the County Treasury acknowledged. signs, '' L i,r j Date ✓ QS-1 f C .. / "`✓ sune T { ' EXT �- � Deputy County Auditor C►eputy County Treowrer �' ,,,, D-34 REV.(7-93) l {{ Jr 3 t c 819800-0800: G1138835, $2,132.00, MS 2101, Performance Bond, Withers Properties, 21 A Tiana Terrace, Lafayette, CA 94549 0649-9665 / 831000. 61138839, $35386.00, PA 0008, Landscape Improvement Plan review, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95435 Subdivision: &and #5666635 Bond No.: Premium: $4,432.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. RLCPPAL OF&1_8DPM10-N : The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street,drainage and other improvements in Subdivision 0 0 2.1_ ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. ClMJGA'nary: as principal and f l'forma a corporation organized and existing under the laws of the State of and authorized to transact surety business in California, as surety, hereby jointly and severalty bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee:*Two Hundred Eleven Thousand, st: y seven E)ollars* Dollars($ I I , f tQ, , Qb )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment *one Hundred Six Thousand, Six Hundred Dollars* DoW j2&10 CO.--00 )to secure the claims to which reference is made in Title xv (commencing with Section 3082)ofPart 4 ofDivision III ofthe Civil Code ofthe State of California. 3. Cc►NDMON: A. The Condition ofthis obligation as to Section(2.A.)above is such that ifthe above bonded 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 provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and _ performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officetrs,Nagents 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 part ofthe obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in arry 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 firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor ofany kind,or for amounts due under the Unemployment Insurance Act with refit to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof;reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,all 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 claims under Title 15(commencing with Section 3082)ofPart 4 ofDivision 3 ofthe Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully 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 specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the 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 the principal whenever taken. SIGNED AND SEALED ori March 25, 2004 PRINCIPAL: _Ll i f tf jj2' T y' j9Zr 1 t iS , LLC SURETY: Indemnity company of California Address: Q_j A Tow ukai Address: 11780 Fitch street City: _ zip: City: I ine p: 9 614 By: "" By: Print 01 Vio Print N e: and s ack Title= Titre: _m-F JD=W:MP G.-WhpDat&Ta g8vd\Fat wMN WORMN-12aoc Rev.Au"25.2UO3 STATE OF CALIFORNIA SS, COUNTY OF-SACRAMENTO On M"14 L 1 G42(1before me, ERIN RUSSELL,NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to the(or proved to me on rite 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 inhisfher/theirauthorized capacity(ies),and that by hiker/their signature(s)on the instrument the person(s), or the entity upon behalf E`ti I'N RU:iw ELL .: Ct_w4:4 144M,38 of which the person(s)acted,executed the instrument. xd rPnY)uBL;,-CflU'URNAA. & + S,,\ RAVUENTOCOUNTY a) WITNESS my hand and official seal, s`+s C '!�tsdr, .:SE?T.18.20'07 Signature This area for Ctricia!Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITERS—) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNERS OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califoom,ire_ jJ County of c.�J l� ( �? ss. l 3 On OaJ Z -2-00q before Date /} 1 / > Narne and Title of piker(e.g.,`Jane Doe,Notary Pubile) personally appeared t ,�1►'t 5 p t')A- �C�t'I R �i - ` - — -----_— Ne a)of Signer(a) O ersonally known to me roved to me on the basis of satisfactory evidence to be the person(X whose name(;'- is/ph subscribed to the with' instrument and acknowledged to me t"e he/they executed the same in i her/their authorized *110, capacity(Ks), and that by is er/their NAY Pubft.Cd@htl�l signature#"n the instrument the person or co tC Y the entity upon behalf of which the person($- acted,executed the instrument. WITNE S my hand` icia I. Signature of Notary Public: OPTIONAL Though the information 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—Title(s): CI Partner--•-❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: &1989 National Notary Asaodatfan•9359 De Soto Ave.,P.O.Baz 2492•Chatewonh,CA 9t3t3.2407•www.naaonalnotary.org Prod.Nn.5807 AeoMer:Ceit ToH-Free 1.9tl6.87fi•6N27 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(944)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each severally,but not jointly,hereby make,constitute and appoint: ***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY*** as the true and lawful Attorncy(s)-in-Fact.to make,execute,deliver and acknowledge,for and on bchalrof said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attoricy{s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of tic acts of said Attonicy(s)-in-Fact pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respcctivc Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effoctive as of November 1,2000: I'.LSOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hc,;:by is, authorized to execute Powers of Attorney,qualifying the attorncy(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship:and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED, FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thcreto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon time corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY ANDINDEMNITYCOMPANY and INDEMNITY COMPANY OF CALIFORNIA bavc severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 801 day of No-%•embbr;2000, l w ANOI David H.Rhodes,Executive Vice President ��.•Q�r .,�1? •.,, OOpt1PAN>•d� J pp0• '..tit` A ptPO C% p =f= SEAL : � OCT.5 ' '✓ '°� 1907 " 1936 1 By: Walter-A.Crowell, Secretary tidy'° �O > ••`•bbr ��►CffiC1PuT��� STATE OF CALIFORNIA j )SS. COUNTY OF ORANGE j On November 8.2000,before me,Diane 1.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose nautmcs arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalfof which the persons acted,executed the instrument. WITNESS my hand and official seal DIANE I XAWATA GOMM.1�4tts L ��. ��, � tIt13ARYPtaBtJC-CALIfURtaA Signature ao MY ORAN109 COUNTY UN r CERTIFICATE The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that die foregoing Powcr ofAttomcy remains in full force and has not been revoked,and furthermore.that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,the 25th day,of March 2004 By David G.Lane,ChicfOperating Officer In-1,13W01100) ..... ... .::. .::..:. 1tll . EF'flk . ,,, i , 5/14104 OLD REP$42 01-0021 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O. Box 631 /-� Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX `�'lI Tax Operations Supervisor Date: 5/14/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled'. Tract 1 MS# City T.R.A. 01-0021 LAFAYETTE 73004 Parcel#: 166-220-077-1 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, Which became a lien on the first day of January, 2004 is $15,000.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector' Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors WILLIAM J. POLLACEK, Treasu -Tax of or F By. .. . ..... County of Contra Costa Deposit Permit Office of County Auditor-Controller Martinez, California To the Treasurer: Received From TREASURER TAX COLLECTOR organization Number 0015 (Organization) 626 COURT ST. RM 100 Maft'inez, Ca. 94553 (For Cash Collection Procedures See County Administrator's Bulletin 105.) Desai tion Fund/Org Sub Acct Task Option Activity Amount SUBDIVISION TAX GUARANTEE 810900 0800 $1,300.00 REVIEW REQUIRED BY CONTRA Total COSTA TAX COLLECTOR AFTER 07/03/04 Deposit $1,300:00 SUBDIVISION TAX GUARANTEE TRACT/ MS 01-0021 Deposit Consists of the following items USE FOR GUARANTEE 2004-2005 COIN and CURRENCY $ WITHERS PROP'ERTINES CHECKS,M.O., Etc. $ 1143004 00 21-A TIANA TERRACE BANK DEPOSITS $ LAFAYETTE CA. 94549 FOR AUDITOR-CONTROLLER USE ONLY ATTN: CHIRS WRIGHT DEPOSIT PERMIT NUMBER AND DATE ASSIGNED: 925-932-8228 DP # 424825 MAY 19 T4 DATE 05119104 The amount of money described above is for Deposit into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. the Cou reasury. approved. May 19, 2004 Signi'l'� bate: Jul#e ys 925-957-2842 Signed: ` Signed: SUBIf7N TAX SPECIALIST Deputy County Auditor Deputy County Treasurer D-34 Rev.(5101)JAC Duplicate Original and 45666688 Pr ett_i.um: 1$411 ,0 0 PRINCIPAL `l",TLZ- C MPS,NV Withers Ind t Company cs> rte r . T►e...r' _ Old Rep Title Cornoany Of C�,forni.a 21-A Tiana Terrace 3000 Clanton Road 11780 Fitch Street Sheet Address Street Address Stmt Address Lafayette, CA 94549 Irvine, CA 926+4 Concord,CA 94519 City, State,Zip City, state,Zlp City, State, Zip Chris Wright l3awn Cabral Peggy Ploy Contact Person Contact Person Contact Person 925-932-8228 (925)687-7880 916-924-8655 Phoney Number Phone Number Phone Dumber BQ?ND AGAINST IMES KNOW ALL MEN BY THESE PRESENTS: THAT Wither ProRggties,, LLC , as Principal and Yule lity ggMj2g=_of Cal.ifoxmia , as Surety, a corporation organized and exlstlncg under the laws of the State of cat j�#a and authored to transact surety business in California are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of THIRTEEN THOUSAND SEVEN HUNDRED DOLLARS ($13,700.00), to be paid to the said County of Contra Costa, for the payment of which will and truly be made,we and each of us bind ourselves,our heirs, executors,administrators and successors,jointly and severally, firmly by thesis presents. Sealed with our seals and dated this 4 day of Man 2004. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to fie map(s) entitled MS 01-0021 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes,against said tract of land covered by said map(s),which takes and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, If said Principal shall pay all of the taxes and special assessments collwAed as faxes which are a lien against said tract of land covered by said map,at the time of the film f said p,then this obligation shall be void and of no effect. a i shall remai full ce and effect. PRINc# s �,, � �-� S TY: California By: V Atto1Ct (ALL SIGNATURES MUST BE NOTARIZED) DATE: 5 BUND REVIEWED AND APPROVED CONTRA COSTA COUNTY IT, R ' COLL]KCTOR BY,- 5TA1 E OF CALIFORNIA COUNTY OF SACRAMENTO SS. On ,before me, ERIN RUSSELL,NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same itt hislherhheir authorized capacity(ies),and that by his/herltheir signature(s)on the instrument the person(s),or the entity upon behalf (0ERIN RUS LCO1v4M.-9 144 0 .,8 of which the person(s)acted,executed the instrument. NOTARY PUBLIC-C-41AC RNIA 0 SACRA iENTO CG`UNTY EXP,SEPT. 18,2007-+ WITNESS my hand and official seal. Signature This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fort. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Q INDIVIDUAL D CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLES) © PARTNER(S) LIMITED GENERAL �) ATTORNEY-IN-FACT NUMBER OF PAGES © TRUSTEE(S) © GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNERS OTHER THAN NAMED ABOVE `°-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER 10FA74TOW,1EY FOR IIIDEM1NI TYCOMPAlNYSOF,CALI1<iORNIA PO BOX 19725.IRVINE,CA 926.13 s(949)-263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each severally,but noc jointly.hereby make,constitute and appoint: ***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY*** as the true and lawful Anorncy(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to do and to perfomf every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but restxving to each of said corporations full power of substitution and revocation,and all of the acts of said Attortrcy(s)-its-Fact,pttrsttant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNfTY COMPANY OF CALIFORNIA,effective as of November 1, ON: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that ouch of them hereby is,authorized to execute Powers of Attorney,qualifying the attorneys)named in she Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power ofAttomey or to any ccrtffrcatc relating thcrcto by facsimile,and any such Power ofAttorncy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the.future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WETNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'11 day of November,2000. By- ot AND David H.Rhodos,Executive Vice President ���( Pon r}t(O,', G �P�� tr� SEAL. ' OCT.5 o #987 1936 Z Walter A.Crowell, Secretary7�yr, SOW�`,,• .+� Lt1A� �,h,0 rrryb+rlWa+aa ' 'trtr�+plur�rptrw���� 7C STATE OF CALIFORNIA )SS. COUNTY OF ORANGE ) On November S.2000,before me,Diane J.Kawata,personally appearcd David H.Rhodes and Walter A,Crowell.personally known w me(or proved to me ou the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they exccuted the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official scat. VMJQ A ftAWATA .,,,,} trOMM.MtiO71i18 e i. y'iy,.,Q- ����+Un$z'✓1�.,,, � NCY44PIYPU� U� Signature MY=Ero.da NlYo2 CERTIFICATE The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hcrcby certify that the foregoing Pourer of Attorney remains in full force and has not been revoked.and furthonnore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,arc in force as of the date of this Certificate. This Certificate is executed in the City of Inine,California,the 4�3 day of M e• By David G.Lane,Chief Operating Officer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, Namo and of Officer(e.p_,"Ja ,Notar r Ptk>w) personally appeared f - NarneWbf Signer(a) ersonally known to me'Xia { roved to me on the basis of satisfactory evidence to be the persona';whose 'name6kre subscribed to the wlth)'ji,instrument and acknowledged to me6the"he/they executed the same inr/thte a thorized capacity( and that by er/their signaturar n the instrument the person(§ -pr i the entity upon behalf of which the STEPperson �� acted, executed the instrument. HI~N C.CtJt�tt+itNG Commission#1+464358 WITNESS my hand and official seal. Notary PWW-California Contra Costo County MV Comm.15"a Jan 20,2009 51 afore No Public + } } OP77ONAL Though the information 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 ocument Title or Type of Document: Document Gate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: El Individual Sop of thumb here ❑ Corporate Officer--Title(s): D Partner—El Limited ©General 0 Attorney-in-Fact 'Ei Trustee Guardian or Conservator D Other: Signer Is Representing: 0 1999 Nationai Notary Association•9360 be Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natonainotary.org Prod.No,6907 Reorder.Cal 7oll•Frae 1.800.878.8827