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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-329 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, MLIFORNIA Adopted this Resolution on June 7, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2005l 329, SUBJECT: Approving a Substitute Subdivision Agreement,Subdivision 90-01535,Byron area. (District III) The following document was presented for Board approval this date: A substitute Subdivision Agreement with Lioness Inc.,a California Corporation,subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within two years from the date of said agreement; Said document was accompanied by the following: Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit (Auditor's Deposit Permit No. 444047, dated May 9, 2005 in the amount of$2,225.00, made by Lioness Inc., a California Corporation. " b. Additional security in the form of a corporate surety bond dated April 27,2005,and issued by Insurance Company of the West(Bond No. 2127155)with Lioness Inc.,a California Corporation, as principal, in the amount of $220,295.00 for faithful performance and$111,260.00 for labor and materials. All deposit permits are on file with the Public Works Department. I hereby certify that this is a true and correct copy JD:rm of an action taken and entered on the minutes of o:\GrpData\EngSvclBol200"6-07\SD 90-07535 Bo-24.doe the Board of Supervisors on the date shown. originator: public Works(ES) Contact: Rich Lierly(313-2348) cc: Public works -Accounting -Construction -T:April 7,2005(10 months) ATTESTED: JUNE 07, 2005 Lioness Inc.,a California Corporation,dba Camelot Properties JOHN SWEETEN, Clerk of the Board of 151 Sand Creek Road,suite G,Brentwood,CA 94513 Bruns Properties,Attn.Rosalyn Simon Supervisors and County Administrator 239 Main Street,Suite E,Pleasanton,CA 94566 Insurance Company of the West,Attn:Kathleen Beck 17780 Fitch,Irvine,CA 92614 By z Insurance Company of the West,Attn:Roberta Lehrman Deputy I575 Treat Blvd.,#1200,Walnut Creek,CA 94598 p y RESOLUTION NO.2o05/ 329 SUBJECT: Approving a Substitute Subdivision Agreement,Subdivision 90-07535,Byron area. (District III) DATE: June 7,2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVER. BE IT FURTHER RESOLVED that the Subdivision Agreement with Bruns Properties, as approved by the Board on September 17,2003, is TERMINATED,the improvement security bond with Insurance Company of the West is EXONERATED and the Public''Works Director is AUTHORIZED to refund the cash deposits,Auditor's Deposit Permit No.'s 386790,dated May 21, 2002, in the amount of$2,075.00 and Auditor's Deposit Permit No. 434403, dated November 10, 2004,in the amount of$150.00,plus interest in accordance with Government Code Section 53079,if appropriate,to Bruns Properties. RESOLUTION NO. 2005/329 SUBDWMON AGREEMLW (Oovsrsw"Clads j66W 2nd j66463) Lioness, Inc., a California Corporation saib+Rvlalans Su diyii on 7535-'Contra Costa County P*mwt ----_----DBA: Camelot Properties Et19Cetlremw c kOt Z , 2005 Completion Parisd: Tnu SmAnm=A"!i'3'fitSt'TO T=PAR'MW ACRUMZNf'BXRCM l bovioe M.Vie,Public Wab Dir+drr BY. t.= L.� t (84-4 By: vrw�a C. Parscal sy t .•i By:( Division i beriey J. I ��,�►si�k Kam AMQM Victor 1.Wean an,County Counsel (faM AN dpaww to be zemwW*& if i• 5*90010 00 oo AMM with tine daiPreed iOMN ptissuad m � CmpowWkw Clods 1113.) +Cts. '1 acrd 'ib IUM Dance agddt ovidoq: Cie.C`aliibmir,�calted" 's idesabovarnoadased ROSQYMKM sows to hWA Cxatdatied Em+d► lie Bond pdvsbs desitssyps tdipna,atrart tigln0, review oa ills des C ouft Codi Coady Pubes V/ t end in conte wit des Contm Coda�County Chtilarm Code Oncludins therow)• hinelpsi d all coupleto Heid work sad iaprownwo OKWooft cWW Nrork")rvidda ths sbovs period Dom dote heaoof,as by dw 091t tnia SubdiYWon Map act(Owmnown Cods+j#66410 Dad following)in s wood wodwoulikenvaner,in acoondance with accepted P serdhtCttzaagssr Cao todw C ofd* oustyOtdhumw*Codasod mm& ,radw�}resatf m fat 2 Com betw+rss tial M and dwCwmtyWhwm Code,the atsWw rewdrowunts A&H p vem. 3. =0==5MM Upon awoutfax this aranank hWc4W 011211,p=NW is G&VwwnM Cade 166499 and dw County *dim"Code,Pw4de of nowity to do County: A. S 2 225.00 ca k plus a ditkesi security,in the aeaeuft s 220 295.0{1 whirls together total oda bundred Percent(;100X)of the esda�tad oat of the WvZ Such additionel amity is pwonted in tha�otb - Cub,oa0tttled ciwrk or culdots chock amity boa Acceptable brovowhis!otter oteredit. With this amity,Pri:noipsl Suervatees perlbrounce under"agreawd card nwhutenanoe of ties work for one year ifte r its completion and aoeeptmcw sp inrt any deladve worbasmhip or main"or soy Such w2uity is pra2entad the'l in&e acwwe s 11 j,2 0,0 which is dfFrt (5O%)ofOw em ated Coat of ft worL Cob, c%Wk orca063er's check AcoWW&cocpon"amity bond. Ao *"W irrevocable letter of credit. �,.�t s With dal amity, payanetat to dw convactor,a&.ontrectora and to parsons rastieng egtdprnart or awniaing tabor or soaterials to them or to Principal.upon aooaptauoe of dw work as couplets by the Dowd of Supwvisma sod upon request of Princkaj,die amount w uritfee may be reduced in accordance with#944.406 and#%4.40d of the Ordinsace Code. 4, GUAR&=ANDWABIAMOV Principal�tt ass Unit!work shall be bot;fltosn ddecta inrna t Tial or watim anship land d on partbrno fbr a of one(1)yam now andaft Board ofSupwvisore aetaapta the wort as ooapkA*he accordance with Article !its-4.6,`Ao cpwocs."of**Ordinance Code. Principal egnaeea to canner,repair,Of rapb"4 at Pthndpsl'i wManse,my defu to is said'fa O& The guarantee period lona toot aptly to road imptoveenaats for pdvamsrnsds,which urs not to be accepted into thus County road ryaetsm. S PLANT ItSTARI MMM Principal agareattoastsbliahaant work @sr lodwsping 3ndalled uudas'dib a ps moat.Said plant alt*hail asteblishumt wo *assist of adequately wsnft&g plola,mp=U wtabls plants,doing weed,rodent and other pat control and other work determined by the Public Works Depme^lmont to be osalaacy to i nags establishment Ofplanfs, Said pout establbalun ntwork settee be Performed for a period of+ane(1)yam honor and after Bas Board of Suparvirors accepts The work aacoeplate. d. MMOYAM ELM WAggA= htacipal warrants the improvement panus for the work at adequate to acc+omplM the work as proavaat in Section 3 and as required by the or auditions kdapproval for dna subdivfaim it at any tuna before the Board o'Suparvisors accepts the work as compute or during the one year Suarautes period,said irnpevvcmw pisco prove to be inadequate in any respect,Principal shall make whatever changes meet arary to the plane to accomdplish the work sun presrataed. I NQ W!r_LYRIt RY . laspection ofthe work wui/or nartsriate+to approval otwo rk andtor traturUla or smantent by anyr ofkicer agent or anployes ofthe CountyiudicatinStMwoitor any partihawfooaplies with the requirements ofthis Agreement,or acceptance ofthe wholo or any part ofsaid w t saidior materiels,orpsymott,therefor,or any combination or all of thane acts,shall not relim deo Principal of the obhPdcn to Mflli this agrear I it"presaxibed;nor shall Co be th+eraby stopped from bringing any action against Principal for damages arising ftm the fkiiarc to dropsy with any of do tart,:wA conditions ha neat principal sUU hold harmless and rotate*the isardannuitees from du liabflities as defined in this section: A. The kdUMMU bamMied and protected by thio promise are County and County's spacial district„elective end appointive boards, ca>snoust ions,of ager:,Mau and essploysee, B, The kgdMa protaded against we*try liability or claim fez damage of any kind allegedly suifa;ad,bncutrad ortltm atcoed because of acdmsda 6itdbdvwu4 I bdury,dead,.ptopertytitata4Minvertaoondemnation,oranycornhinidonefdansadregaardlessotwhethar or not sanchliabiiity,claim oar dmrugswasunk ba art mry tbtno bofom Cou3dy mviewed acid b�phren or a�dna worst as complete and including the deAmn ofany W4action(s),or other s)concerning am lismillies and claims. C. The NWg W.a., air t;+.h,fttav we syr.set or on*don(Aclusesnt or non-aucSligeat)in connection with the tmattarn covered by the Agrea creat and attributable to Principal,contractor,subcontractor,er any of!11osr,Mutt,or employee of one or mors oftbarn; D. L'lflf jMM%LgW 'rhos promise and qpwatent in this section are stat conditicoW or dependant on whedtar or not any ia3astra#taa has prepared,supplied,or approved any plan(s}or (e)hn connection with this work or sa kavision,or has Mora=*or other warsolaticaa covering any of these owners,or that the alleged dWnW rasulWd partly form any oegiigaot or wilMd misconduct of away landermitg. p. Ste; hirtelpal dull pay when due,all the cont ofthe work,including inspection dw"f and 1`610"tion of txiiaft utilities required thereby. � Principal �t my wolk�by the���with the�Elland trnrip eared.to the�n ottita Gc►teaty ltnad beftm 11. t If l'riamcipal dude to ceng a the wank within the time wed in this aS�egaraant,and subsequent �„a Mato maintain the work,County ruts p oceed to complete etWor rr aletarin the work by contract or odor ire and Paincipal:grPO to pay ail coats and c istagea incurred by County(i►toluding,but not limited to: enghw rin&inapOWaon,surveyor,contract,Overhead,etc.)tartmadistaly ups tenant. principal baeby conanis to ardry on the subdivision property by County and Coarnty&rcrs,including contr'atoM in the a yad Countyproc"ds to complete author tra dtitain the work. +puna ao*m is taken by CM*to eCosrtpiete or rrraintadn the work,Principal Mrs"to pay all casts incurred by.Coca%even if Principal sarbaas'luasatly coaapiastet the wok. Should County ale to ocelots performance undtr"aSrearnaaat or to recQvar nonan:iucuarerod ba t air meint~#ning the work,Principceedal agrees to pay all setocosy%fees and all other expenses oflitigstuoo incurred by County in connection tharswlth.oval of Principal a�at wily M congaieba tbs worst. iii bdbm tea Board ofSupanvisors tors work riots under" the subdivision is sj deal is t wrY 12. lantlear thin anhd/oraay depua+ , incorporated es a city or is annexed to m MUMS efty,arwapt of ed in this ��b or laattaor ofcradit sacaing aid ra to lahalt be trtan seed tQ tone naw or city Such citj+athail have all the rd�hts ofa party baaadicWY a Principal,wbt►ahsol AM all the teams of tbia agreement as though hart coattactad wifh the dry aadpraslly��pro�nioans otparagraph$ amity)"continua to apply in Livor of the indam nitiaa listed in 1'uTairsph$A�n any gw*iecorporsti 13. RUMMUR. in consideration hereof.County shell allow Principal to file and record the Meal neap or Wool mW for wd subdivision. a fPN ACKNOWLEDGEMENT STATE OF CA�O� SS COUNTY OF On -t S— before me, rc personally pear U , ' - personally Ynown to me(or proved to me on the basis of satisfactory evidence)to be the persons)15ose me(s)is/are subscribed to the within instrument and acknowledgedto me that he/shehhey executed the same in his/herAheir 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 acted,executed the instrument. WITNESS my and official seal. MNOTARY J.S. BENAVIDESCOMM.#ISU190 Signature PUBLIC-C.AUFORNtA jj�WCONTRA COSTA COUN7Y C) COMM.EXP.JAN.13,2049 This area for official notarial seat Attention Notary: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title Or Type Of Document TO THE DOCUMENT DESCRIBED AT THE RIGHT Number of pages Date of Document Signer(s)Other Than Named Above: # @HtlAf -... Acknlgmt 10113/00js COUNTY OF CONTRA COSTA 69009IT PkItMIT ; OFFICE OF COUNTY AUbI OR-CONTROLLER( P REASURER: MARTINEZ,CALIFORNIA tECEIVEDD FROM ORGANIZATION NUMbER n (Fai Cath Collection Procedures see County AdmlrAtrotor's Iletin 105.) DESCRIPTION FUND/ORTASK OPTION ACTIVITY AMOUNT i, y; �; r,;rf r '' tr t''� ✓� )b 4-0 / El -1, rr ii C E•^� `, �` �'. �` �x ! ��f}C�'-�f .•f C.�l''t'.j rt'� �lJ i,�ft�•�.� %^�.:7 !t I�/ 19 r / i r i i i i i 1 i i i i } i k i 1 I i i - 1 i i XPLANATION: TOTAL $ i fir.. y p t C"'f 5.'i DEPOSIT Deposit consists of the foNawing items t'� ,'/ ' t !'� It%t tt"r r C and CURRENCY - '— CHEC ETC. $ K DEPOSITS. $ FOR AUDFtOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP ` NUMBER DATE 44047 H ��.. ASSIGNED 'he amount of money described above is for Treosurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury. acknowledged. agned'� /,/- date -;�/ --3f14< Signed: �j r'. ' ,+ ".. Signed. ,' `tl Tr }is - � itic: EXT. v Deputy County Auditor Deputy County Treasurer 34 REV..(7-93) r8 , 0649-9665 ! 831000: 61160239, $103,900.00, Road Acceptance Inspection Deposit, RA1154, Shopell Industries, 100 North Milpitas Blvd., Milpitas, Ca 95035 0649-9665 l 831000: 61160240, $500.00, Record of Survey Deposit, RS2709, Humann Co. Inc., 1021 Brown Ave., Lafayette, Co. 94549 0649-9665 ! 831000: 61106241, ,! 500.00, Record of Survey Deposit, 'R53004, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, Co. 94526 0649-9665 1831000: 61106242, $500.00, Record of Survey Deposit, 853005, D. Murphy, 36 Mirko Ln., Walnut Creek, Ca. 94596 0649-9665 1 831000: 61106243, $500.1 O, Record of Survey, 853006, 2003 Lien Family Trust/Martinus Lien, Ptd Box 132, Clayton, CA 94517 8198-0800: 61160239, $22,300.00 RA1154, (civil) Cash Performance Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, Co. 95035 , 8198-0800: 61161303, 12.225.00.225.00, SUB7535, Cash Bond, Lioness, Inc., 151 Sand Creek Rd., Suites F-6, Brentwood, Co. 94513 Subdivision: No. 7535 Bond No,: 2127155 Premium: _ $4,906.00 Subject#o Renewal SECURITY BAND FOR SUBDMSION AGREEMENT (Performance,Guarantee and.Payment) (California Government Code §§ 66499-66499.10) 1. RLCUAL QF SUBDffJaIQN cE MEN : The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision No. 7535 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OO.LLGATM ___Lioness, Inc., a California Corporation DBA: Camelot Properties as principal and Insurance Company of the West , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: Two Hundred Twenty Thousand, Two Hundred Ninety-Five and no/100ths*** Dollars($ 220,295.00*** _—_ __)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Hundred Eleven Thousand Two Hundred Sixty and no/100ths*** , Dollars ($11.1,260.00** )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California.' 3. Oommom A. The Condition of this obligation as to Section(2.A.)above is such that if the 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 beep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof shade 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 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. Asp tart of the 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 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 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 of any kind, or for amounts due under the Unemployment Insurance Act with respect 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(co nrnencmg with Section 3082)ofPart 4 of Division 3 of the Civil Code,so as to give a.right of action to tham 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 became 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. SYGh-n ANV SEALED on April 273 2005 Lioness Inc. a California Corporation PwNctt*dt.: DbA: Camelot Properties SURETY: Insurance Company of the West Address: 151 Sand Creek Road, Suite G Address: 17780 Fitch City: Brentwood—, GAZip: 94513 City: Irvine, C—` A Zip: 2614 Print N e: D611allod C. Parscal Print Name. Kathleen Beck Title: -- eTitle: Attorney-in-Fact By: Print Name: imberley arscal Title: Mi Mrawlap G:Zrpl}ataWzZSyc\Fomis\8N WORMBN-12.doc Rcv.Novcn*a 28,2000 . vru- I.C.W.GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 EI Camino Real,San Diego,CA 92130-2045 P.O.BOX 85563,San Diego, CA 92186-5563 (858)350-2400 FAX(858)350-2707 wwrw icwgroup.corn Bond Number: 2127155 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002, In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism kisses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond,attributable to coverage for certified acts of terrorism under the Act is One D611ay($I.001. Important Notice: The cast of terrorism coverage is subject to change on any bond that premium is charged annually. No. 0001758 ICW GROUP Power of Attorney Insurance Company of the'West The Explorer Insurance Company Independence Casualty and SuretrC:ompany KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'',do hereby appoint 4iATTITEW J.DRUNIRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,MICHAEL G.HOGAN their true and lawful Attorney(s)-in Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WTINESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. ��yaµpaxr tNsub — — INSURANCE COMPANY OF THE WEST ryeroxrr�A rt rpnQoa, -1P U P THE EXPLORER INSURANCE COMPANY tia INDEPENDENCE CASUALTY AND SURETY COMPANY SEAL a John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego 35. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hartnum and John H.Craig,personally known to me to be the persons whose names are 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 behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTER COMM.#1257540 t1 NOIANY PUSUC-CALIFORNIASAN G9 { MyCt01E(�sCOUNTY rExpires MARCH 19,2004 Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attoruey(s)-in-Fact to date,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER' That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and htdepender,ce Casualty and Surety Company,do hereby certify that the foregoing',Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 27th day of_ April 2005 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. State of California County of Contra Costa On April 27,2405 , before me,R _ andall Y. Cross personally appeared Kathleen Beck ®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 signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed RANDALL x cR^05s` the instrument. Gomm 1b,yNototy tSSton# 1 db4539 Pubttc-CoConttoCostacounty WITNESS my hand and official seal:Comm.Expires Jon 20,2008 Signature of Notary Public -------------------1-------------------------------Optional----------------------------------------------------------- Though ptional----------------------------------------------------------- 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: Lioness Inc Subdivision Bond No.2127155 for County of Contra Costa Document Date 04/22/05 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Title(s): Individual F Partner-®Limited [General ®Corporate Officer []Attorney-in-Fact Title(s): ❑ Trustee * Partner-[Limited DGeneral EJ Guardian or Conservator ®Attorney-in-Fact El Other: Top of Thumb Here E] Trustee [-1 Guardian or Conservator Other : Top of Thumb Here Signer is Representing: Signer is Representing: Insurance Company of the West Signer's Name: Q Individual D Corporate Officer ACKNOWLEDGEMENT STATE OF C 7PC7 SS C{3 Y©, �„ c�- ) trl before m personally ppeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whos 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 signature(s) on the instrument the person(s)or the entity upon behalf of which the person acted,executed the instrument. Wl CNESS my hand nd official seal. COMM.#1536190 TARYSignature Cd PUSLK R COST CIUMY COMM.EXP..IAN.13.2009 This area for official notarial seal Attention Notary: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title Or Type Of Document TO THE DOCUMENT DESCRIBED AT THE RIGHT Number of pages Date of Document Signer(s)Other Than Named Above: Acknlgrnt 10/13/00 js