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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-434 V THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution.on July 19 2005, by the following voter AYES: Supervisors Piepho, Desaulnier, Glover and Uilkema NOES: None ABSENT: Supervisor John Gioia ABSTAIN: None RESOEJTION ISO, 21} 434 SUBJECT: Approving the Road Improvement Agreement for Windemere Phase 3'''- Japonica Way RA 05-01185 (cross'-reference Subdivision 03-08508), being developed by Windernere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Windemere Phase 3 - Japonica Way,road acceptance file RA 05-01185(cross-reference Subdivision 03-08508)property located in the San Ramon(Dougherty Valley)area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, 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 taken and entered on the minutes of the Board of Supervisors originator. Public Works(ES) on the date shown. Comact: T.Ric(313-2363) LT:mn G:�GtpDatalEngsvc\Bo\2005107.191RA 05.01185 s0-15.doc ATTESTED: JULY 19, 20(75 cc: Public Works-T.Bell.Construction ATTESTED: Current Planning,commiry Development JOHN SWEETEN,Clerk of the Board of Supervisors and T-May 12,2006 Windenwe BLC Land ConVany,LLC County Administrator 6121 Bollinger,Canyon Road#300 Sat Ramon,CA 94593 Aim:Brian Olin Safeco Insurance Company of America 330 N.Brand Blvd.,1Floor By AA ,Deputy Glendale,CA 91203 Attn:Rhonda C.Abel RESOLUTION NO.20o5/ °:.434 SUBJECT: Approving the Road Improvement Agreement for Windemere Phase 3 - Japonica Way RA 05-01185(cross-reference Subdivision 03-08508),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District M)' DATE July 19,2005 PAGE: 2 I. Cash Bond :Performance Amount: $4,200.00 Auditor's Deposit Permit No. DP 444939 Date: May 24,''2005 Submitted by: Windemere BLC LandCompany, LLC Taxpayer identification number: 94-329-15-16 II. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Late: 6349072 May 18 2005' Performance Amount: $409,800.00 Labor&Materials Amount: $207,000.00 Principal: Windemere BLC Land Company,LLC NOW, 'THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public°Works Department. RESOLUTION' NO. 2005/4.34 µ ROAD IMPROVEMENT AGREEMENT Dene!©per. Windermere E3LC Land Co--pang LLC Effective Date: Development- RA 1185(Subdivision 8508) Completion Period: I year WINDEMERE BLC LAND COMPANY,LLC Road: Japonica Way A-California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A-Delaware limited liability'company CONTRA COSTA COUNTY DEVELOPER Managing Member Maurice M.Shiu Public Works Director By:Lennar Hames of California,Inc., Manning Member r, (signature)B S y/ �� {print n title Lars"n,Dice F' s dent E MMENDED FOR APPROVAL f- (signatu } By: x (print name&title)Paul(.M tak r,Asst.Secretary Engineeting Ses 17t t FORM APPROVED: Victor J.Ulla an,County Counsel' iNC77`E: Alt sigituturea to be aeintowtedget tf8uhdivider is incoryoruted,sisttatitres must cwifomt wi(h the designated reprmentative Smups pursuAnt to Corporations Code 5313.} l. PARTiES & DATE. Effective on the above date,the County,of Contra Costa,California, hereinafter called"County and the above-mentioned Developer,mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainageimprovements,signs,streetlights,fire hydrants,landscaping,and such ofher improvements(including appurtenant equipment)as required in the improvementptans 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")within the above completion period frorn 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. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,'the'Developer shall,pursuantto the County Ellinance Code,provide as security to the County: A. For Performance and Guarantees$4,200.00 cash,plus additional security,in the amount of 409 800.00 which together total one hundred percent(100%)of the estimated cost of the worts. Such additional security is presented in the form of` Cash,certified cheek or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable tetter of credit. With this security,the Developer;guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment:'Security in the amount of$207,000 OOwhich is fifty percent(501/6)of the estimated costofthe work.Such security ispresented 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 payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing tabor or materials to thein or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request"dike Developer,the amount securities may be reduced in accordance with 594.4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK Developer guarantees'that said work shall be free from defects in material or workmanshipand 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 96-4:6, "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. 1 i i 5. PLANT ESTABLiSHMENT WORK. Developer arees to perform establishmentwork for landscaping installed under this agreement. Said plant establishment work shall coltsist of adequately watering plants,replacing unsuitable plants,doing weed;rodent and other pest control and other work detennined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be perforated for a period of onj=arfrom and 1 after the Board of Supervisors accepts the work as complete. G. 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 far thedevelopment. 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 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 coitibns t hereof. $: 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 andppointive 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;liability are any actor omission(negligent or nomegligent)in connection with the matters covered by this Agcementand attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of diem, t i. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indentniteebprepared, supplied,or approved any plan(s)or specifications)in connection with this work,or has insurance or other indemnification covering any or these matters,or that the alleged damage resulted partly form any negli gent or willful misconduct of any Indetnnity. }(4 fi. 1.Wintlemc, re BLC L&ndCompunyLLC("8LC-)shall inderanify.delead and protect ConiffiCasta County("County")andtheContraCone,County Flood Control And WatcrConservivionDistria {collectively,"District")against.and hold County and District harmless from.any and all cloift.cwm,looms,aabihties,darnogce or other exponscs includingatawneys fees and expenses),to the fullest extem not prohiWedby'.. applicabletnw,arising out afar atici al towite out BLC's activities under Section 5(c)ofthot aertaim"Supplemant to Cooperation Agrowncsu,"dated lune.2000.by and between BLC owl Shopell luclustriea,inc.("Shapeh") ` including.without limitation,any claim,can,tett,liability,damage or other expense arising au of any:action or other proceeding brought by-.Shapeil agaiml County or District in connection with any act,approval or cher requiremem or County.or District in connection with BU's activities under The oforcmentioned Supplement to Cooperation Agreement 2.BLC's omigations under Section I above shall exist regardless areo marem negligenocorwilt€ul misconduct an the pan oftheCouory,orD'utrictor nnyotherpersou pmvided,however.QwtBLC shalt not be required to indemnify,protect,defend or hold County or District hornless to the extent any claims,tosses,liabilities,damages,or other expenses are attributable to the negligence or wilWal miac.,A otCeuoyor District maintaining or repairing improvements.that have been:otrered fordedication to and accepted by County or Disttiet for maintenance.The obligations of$LC contained in the Agrcertrtnt.shall;wrvive termination ofthe t Cooperation Agreement and shall survive the dedication and acceptance of improvements by County Of District. 9. COSTS: 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 falls 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 orotherwise,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 Countyproceedsto complete and/or maintain the work. t 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 completiltg or maintaining the work,Developer agrees to G 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. H. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is:included'in territory incorporated as a city oris annexed to an existing city,the County's rights under this agreement and/or alifeposit,bond,or letter ofcredit 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 original)y. 12. CONSIDERATION. In 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 is are complete, 1 t Other(requires County Counsel'approval } j LT:mmn G:\GrpData\Adniin5crnohannnetARoad Impmvenimt Agreement\RA I l MubMa 5.9-05.doc j Rev.April G,2000 I i 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California: County of Centra Costa On May 13,2005 before me,Karen L. Keenan,NgtW Public,personally appeared Don Larson+&Paul J. Menaker.'personally known tome 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 persons,or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KA COmmialon+ I3I Si more of Notary Puio ,WcC 0tx C rn CE TlfTl �(4c17, . tr ' I 'e � ����� } 'C � 3 � R ^�SN :9 y � - �.tN � �rvf f.`','+ ✓ i ''� N{ `1 Sr ",+'k"' r�aa, x i�y�„� i��3 '� >x,�,�'�• ��irra� � `�„:: ��j,"z�r i4'� � x o a '�#. ,'` e x n" :p y �C K »'�` `w.: '3���w�o-w,#��7g, ' ' 2-�.v. s✓m,� � � �� a t:: N ,.y. —s #est+ - �'' a��k4 d.� s '�,. aw s.a �.,* !' -r j. :� i„�,c � �'•��rx` 't,. �'s�zx�8'$"'✓� 'Ea^' �'�d*`,a.f.�wxq,1`.,�E�� -'P )"�' "� . .i. G ml k., R i&MOM- Y U A�F�PgffiT �, u f s'1i irk, # i a w xY k" e a rr1,� „ mom m sx 'fi ' � x ; a A s: r4 , ,: K � I .,: #� _ y � ���R,.kd” ; n�. t j r �: rl"�A� s��Y��F� �' �� x� z-� A,•.� x J i',�`�3�q .-. 'A" 5 - � " - � t K' 4 '� � i � ' �} C � � ji �C �1 � 4u s...•=� ��`�� �E s>af 'L `x �K�,,.#'r .I'�j, .,�">- ,"� k3 '�x��`;u �' 3 S r_x �, Sa y E 9 I r, ':1 .W`' fi .:3 c ;3..,'a �i:y•n',k.-�r t�.G�z" z' � r r -, w ;` 1 'i§ .�" vy Ik + 3nE"•=,a�' ':s. N,m�? sr _ 8Yi .v r.,r - z w .y tx m a r. J. Lf17' s b i3x' —411. f x •s 3 a - 4 -t ec �.°d J.' E S, C ke '- b xL"� s sHIM. a AX: ��. "E C 3 (;-�` }4 'S'•E ria' j t�� s�yR' ! l!�ai yxm �zxxy �•� a f ,5 y,.". c(v,.s s:r"C 'I�;• r� ��,a�' s �i���'� - pTM�, Ml } #i � 4 C-Q-Wi Y car t-W trxtx c.va r► D*POSff PIRtAlt FFICE{ GC3t;i� t AUbit= ' cr.Ca C oon F't 3c +re3 ie r ttr iahr�tor's Bulletin Wit IDSCit 'TIC +1 FUNWOKLA TASK OPWW ACTMTY AMOUNT E ' t lr(Q ,,. Wq-l_ZPl, d 4 i r f r �i w r 1 EXPLANAT10k tOTAL�i bi�poslt�titY3�3}S i'i��ftali©wn�items C(j N oj0,t(AjkN& BANS€. iT$ $. r Fi R}r L� OltmC�S 4MOL1 �USE CaNLY SST PEO& NUIc+ E# ASSII�NED The amount of money descried above is for trjl#urer"S ittiWpt' d6ov6 ot,46 nt is approved Receipt bf aE ivie amount is herby depositink+the lrecistry aciirrcywlrsdgekii. . Sid; Lit Signeet Tiff" i a} �Xt a.f', ixuty'Couy Tnsa#ur D-3A REV.(7=93) 1 0648-3140 / 112200, G1161662, $13.103.00, 8W DA 104 S. Reg, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 122300: G1161485, $16,600.00, DG 04-00048, Plan Check Fee, Windemere 8LC Land Development Co.LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-3665 / 112300: G11614816, $80.1003.00, RA 1185, Inspection Fee, Canyon Rd., Suite Caner Windemere BLC Land Development Co.LLC, 6121 Bollinger Y 500, San Ramon, CA94583 0649-9665 / 112300: 01161487, $4i,025.M, SD 05-08926, Map Check Fee, Windemere 8LC Land Development Co.LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1161488, $4.9755.001, Sb 05.08925, Map Check Fee, Windemere 8LC Land Development Co.LLC, 6121 Bollinger Canyon Rd., Suite 500, Sari Ramon, CA 94583 0649-9665 / 112300: G1161489, $3,9755.003, SD 05-08924, Map Check Fee, Windemere 8LC Land Development Co.LLC, 6121 Bollinger Canyon Fid., Suite 500, San Ramon, CA 94583 0649+-9665 / 112300: G1161490, $1?0,140,00, RA 04-41171, Improvement Plan Review Fee, Windermere BLC Land Development Co.LLC, 6121 Bollinger Canyon Rd., Suite 540, San Ramon, CA 94583 03649-9665 / 112300: 01161491, $1.675.00, 'SDO4-8923, Map Check Fee, Windemere BLC Land Development Co.LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 813800-0800: 61161483, $4,200.00, RA 1185, Cash Bond Fee, Windemere BLC Land Development Co.LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon CA- ,, 94583 WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE,LLC, a Delaware limited liability company Its Managing Member By: LENNAR HOMES OF CALIFORNIA., INC., a California Corporation Its Managing Member Edward C. Giermann, Vice President By: Cindy Tho son, Assis ant Se retary - CALIFORNIA.ALL-PURPOSE ACKNOWLEDGEMENT` State of California County of Grange On May 19. 2005 before me, Dina Prints, Notary Public, personally appeared Edward C. Giermann and Cindy Thomason, 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 capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DINA f RINTY T Commission#1453610 fF Notary pubfkC-Cafltornfa --- orange County fVAy Comm.Expires Nov 28,200 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 Edward C. Giermann—Vice President Lennar Homes of California Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California Inc. DESCRiPTON'OF ATTACHED DOCUMENT Type of Document: Surety Bond No.;6349072 Number of Pages: Three (3) Date of Document: May 18, 2005 Signers{other than those named above}:Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On May 18 2005before me, Angela Petropoulos,Notary Public , BATE NAME,TITLE OF OFFICER-E.G.;"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel 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 nae(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 ANGELA PETROPOuloS signature(s)on the instrument the person(s), or the entity upon - Commission# 1538595 behalf of which the person(s) acted, executed the instrument. .�, Notary Public-California + Orange County , M y Comm..EVIres Dec 25,2008 WITNESS my hand o"" eai. I A 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 farm. 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 ENTITY(JES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION'•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91389-7184 �r SAFECO INSURANCE COMPANY OF AMERICA A F E to a POWER GENERAL.INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 967t`r KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint;. mss""""RHON DA C.ABEL;JERI APODACA;PATRICIA H.BREENER;LINDA ENRIGHT;JANE KEPbWR;STANLEY C.LYNN:NANM 1'L MARIEL.LA-MYERS; MME PARIZiNO;JAMES A SC HALLER,ALEXIS BRYAN;LEIGH MCDONOUG[t CDsta Mesa,Vis""«*o r�"aw�«�wssn*wa wwra*aww�rswwwr���a�e�rrrwssrs«w�s« Its true and lawful'stto noy(s),3n-fact,wM full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of its business,and to bird the respective company thereby. IN WITNESS WHEREOF,'SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this IOth day of January 2002. R.A.PIERSON,SECRETARY MIKE M AVICK,PRESIDENT CERTIFICATE Extract from The By4Aws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCECOMPANY OF AMERICA. *AHide V,Section 13.-FIDELITY AND SURETY BONDS...the President,any vice President,the Seaastary,and any Assistant'Vice President appointed for that purpose by the officer in charge of surety operations,shalt each have authority to appoint Individuais as altomeys-intact or under other appropriate Was with authority to +eoceeute on behalf of the company WeRl/and surety bolds and other documents of similar character issued by the company In the course of its business...On any Inairurnent making or evidencing such appointment,the signatures may tie alfibced'by facaimfie. On any_hhsaurnent conferring such authortiy or on any bond or Undertaking of the company,the seat,or a facsirrtite thereof,may be trvressed or offixed or in any other manner reproduced,provided,however.that to seal shall not be necessary to the val iffy of any such Instrument or undertaking." Extract from a Resolution of the Beard of Directors of SAFECO INSURANCE COMPANY.OF AMERICA and of GENERAL INSURANCIE COMPANY OF AMERiC;A adopted July 28,1970. "On any cer0cate executed by the Secretary or an assistant secretary of the Company setting out, 0) The provisions ofArticle V,Section 13 of the'By4mve,and (it) A copy of the po vw-of mey appointment;executed pursuanttherabo,and (iii) CerHfybtg that sold pavver-of-atmmey appoftnent is in full farm and effect, the suture of the caHtiyring officer may be by facsimile,and the seof of the Company may be a facsimile thereof." i,RA Pierson,S cretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the i3y4Am and of a Reaalution of the Board of Directors of those corporations.and of a Power of Attorney Issued pursuant thereto,are true and correct.and that both the Sy-[Awa,the Resolution and the Power of Attomey we still In full force and effect. iiN WITNESS WHEREOF,I have hereunto set my hand and affixed it*facaalmlie seat of said corporation this 18th day of May 2005 ,SEC SF-AL SEAL. 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