HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-479 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on July 26, 2005,by the following vote:
AYES: SUPERVISORS OIOLA, PIEPHO, BESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUB.IECT: Approving the Road Improvement Agreement for WindeI ere Phase IV Trails/Access
Roads, RA 04-01166 (cross-reference Subdivision 03-08509),being developed by
Windemere BLC Land. Company, LLC, San. Ramon (Dougherty Valley) area.
(District III)
The following document was presented for Board approval for Windernere Phase IV
Trails/Access Roads, road acceptance file RA 04-01166 (cross-reference Subdivision 03-08509)
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 trail
and access road improvements. The improvements are located adjacent to Windemere Parkway in
the open space areas of Subdivision.8509,
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 Warks(ES) On the date shown.
Contact: Teri Rie(313-2363)
LT.rm
o:1GrpUatiLtEngSvtlBO1200"7-261RA 04-01166 80-15,doe ATTESTED:
JULY 26 2005
cc: Public Works-Ti Hell,Construction 7
Current Planning,Community Development JOHN SWEETEN, Cleric of the Board of Supervisors and
T--May 26,2005
Winden vre BLC Land company,LLC County Administrator'
6121 Ballinger Canyon Road,#500
San Raman,CA 94583
Atte:Brian Olin
Fidelity and Deposit Cornpany oPMaryland
801 North Brand Blvd.,Penthouse Suite By ,Deputy
Glendale,CA 41203
Atte.Patricia H.Brebner
RESOLUTION NO.2005/ 479
ROAD IMPR &M NT AGREEMENT
ENT
Developer: __ Windemere BLC Land CoMpanv,LLC effective Date.
Development: RA 1166(Cross Ref.SUB 8509) Completion Period: 1 year
Road: Wffidetmerg P(tase IV Access Roads/Trails WINDEMERE BLC LAND COMPANY,LLC
A California limited liability company
By:LEN-OBS Windemere,LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A Delaware limited liability company
Managing Member
DEYlsLO ER
CONTIIA Cl3STA COUNT1r By:LennarHomes ofCalifornia,inc.,
Maurice M.Shiu,Public Works Director Managing Member
By: E ta) r r r
(signs
(print name e)Ly' oehim,Vice Kr de t
RECOMMENDED FOR APPR VA
By. %; � ---------
(signature) '
Engineering er ices tvision
ti. (Print name&title)Paul ,Asst.Secretary
FORM APPROVED: Victor 3,Westman,County Counsel
(NOTE: All signatures to be acknowledged. tf Subdivider is incorporated,signatures must
conform with the designated representative groups plasuant to Corporations Code S313.)
L - PA &PATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"fgjIM,"and the above-mentioned Develor}er
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire'
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans forth 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 from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. TMPROV EMENT SECURITY: Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For.Performance and:C aft rantee: S 5.200.t?f) cash,plus additional security,in the amount of ..n2,800.00
800.00
which together total one hundred percent(1001%)of the estimated cost of the work. Such additional security is presented in the form of.
Cash,certified check or cashiers 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. For Payment: Security in the amount of$ 259_000.00 which is fifty percent(50°lo)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.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to thein or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4:406 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 workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 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
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined bythe
Public Works Department to be necessary to insure establishment of plimm Said plant establishment work shall be performed for a period of one-year from and after
the Board of Supervisors accepts the work as complete.
6. 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.
7. NO WAIVER BY COUNTS'. 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 prescnled 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.
S. INDEMNITY: Developer shall hold harrydess and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property damage,-inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement,plans or accepted the work as complete,and including the
defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liabilityare any act oroniission(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 Indemnithe has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-EgU_0MANCE 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 completean d/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement
or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the,development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securingsaid 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 ofthis agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof.
(Check applicable sectiou(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete,
Other(requires County.Counsel approval
RL:kw
1\PWS4\SHARDATA\GrpDaLa\EtigSveToTnis\AG WORMAG-24.doc
Rev.April 6,2004
CALI FCRNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
y ("NoTg-pill, otampii, ss. )
Count of
Or w-' r j�c J before rr€e, 1: " 1 t LTi- %i
Date Name end Tkle L3Mieer(e.}7,Jana Doe:Notary Publi a)
personally appeared ..:�liVt''ISOCr\Ny-t' RV1r tEt�PkK.�`
Name(a)of S€lgrer(s)
If personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) 4s/are
subscribedto the within instrument and
acknowledged to me that hek*e/they executed
KAREN L. KEENAN the same in htefher/their authorized
Cor MWM N 1378627WN capacity(fes), and that by h�rttheir
NotaryCcfcsrtrto signatures)on the instrument the person(s),or
Contra Costa County
MMYC.c1f=rfn iExf*EeS �e'.r the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS hand..and ieial se
Sig ature of Notdryyk
OPTIONAL
Though the Wormation below is not required by law,it may prove valuable to persons retying 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: )
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❑ Individual Top of thumb here
❑ Corporate Officer —Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-f=act
❑ Trustee j
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
01999 National NotaryAssocfa€ion•9356 Da Soto Ave P.T.Box 2402 Chatsworth,CA 91313.2402•www nationalnotary org Prod.No 6907 Reorder.Call 7nit-Free 1-800.878-8827.
DEPOSIT ollamll
--�� OFFICE OF COUNTY AUDffOR-COWROLLER
TO THE TREASURER: . MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMIIEI2
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7 Date ; `u.
f/1soned: Sigma r f �t C 3 r t� rGrly
�'i .f EXT.• �„ Deputy Con"Autdtpr - Deputy County Ireasuroi
3-34 REV.(7-93) r/
819800-0800: 61159863, $b-940.40, RA 1165, Performance Cash Bond,
Windemere BLC Land Company, LLC, 6121 Ballinger Canyon Road #500, San
Ramon, CA 97583
8:19804-0800'7 61159864, $:5.,200.00, RA 1166, Performance Cash Bond,
1N�:ndenere BLC La ►d Company, LLC, 61 3 Bollinger Canyon Road #500, San
Ramon, CA 97583
0649-9665 / 831000: G1159850, $55.564.00, RA1174, Read Acceptance
ReviewDeposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Road #500, San Ramon, CA 97583'
0649-9665 / 831000 611598604 $40,480.00, Sub 8928, Major Sub
Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 6121
Ballinger Canyon Road #500, Son Ramon, CA 97583
0649-9665 / 831000: 61159861, $44,840.00, , Sub 8929, Major Sub
Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Road #500, San Ramon, CA 97583'
0649-9665 / 831000: 61159862, $7,024.00, DG0049; Drainage Acceptance
Review Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Road #504, San Ramon, CA 97583
0649-9665 / 831000: 61159865, $►53,958.57, RA1159, Road Acceptance
Review, Shopell Industries of Northern California, 100 N. Milpitas Blvd.,
Milpitas, CA 95435
0649-9665 / 831000: G1159866, $64,191.23, Sub 8943, Major
Improvements Plan Review, Shapely Industries of Northern California, 100 N.
Milpitas Blvd., Milpitas, CA 95035
SUBJECT: Approving the Road Improvement Agreementfor Windemere Phase IV
Trails/Access Roads,RA 04-01166(cross-reference'Subdivision 03-08509),being
developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty
Valley)area. (District III)
DATE: July 26,',2005
PACE: 2.
I. Cash Bond
Performance Amount: $5,200.00
Auditor's Deposit Permit No. DP 438,588 Date: January 31,2005
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
II. Surety Band
Bond Company: Fidelity and Deposit Company of Maryland
Bond and Date: 08745344 January 14, 2005
Performance Amount: $512,800.00
Labor&Materials Amount: $259,000.00
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.
Executed in Duplicate
Bond No.: 08745344
Development: R.A. 11§§ (Crqss Ref. SUB 8509)
Premium: $31590.00
iIMPROV9MCNT SECURITY BOND
FOR Ro,*,3 I'MPEtOVEMENT AGREEMENT
(Performance, G.taranteey and Payment)
(California.Government Cade §§ 66493-66499.10)
1. R C1TAL CSP ROc 0 IMPROVEMENT'AC tvtENT: The Developer(Principal)has executed an agreement
(Read lrrspravetnertt Agreement) with tlae County to install and pay for street, drainage and other
improvements on,or along R 1166 to complete said work within the time specified for completion
in the Road Improvement Agree mer t, all in accordancewith Mate and local laws and rulings:
2. f. 9LJCM°ONr Winde r SLC to d+Company.L.L,C. uPrincipal and
Fidelity and Deposit Company of Marland a corporation orgamzed under the laws
of the state of Maryland , and authonzed to transact surety business in California, as Surety,
hereby jointly and severally bind ourselves,our heirs,executors,administrators, successors and assigns to
the County of Contra Costa, California to pay as follows:
A. Perfcirmaace: Five Llundred'Twglve Thr Ei t undyed at3d 0/100 Dollars
($ 511,800 00 ) for' itself or any city assignee under the above County )toad
Improvement Agreement,plus
B. Payment: Two Hundred F
ift Nine Thousand an 0/1Q6 Dollars
(S ?59.Oa0_t14 t to.secure the cIairns to which reference is made in Title 15§§et seq.
of the Civil Cade of the State of California.
AL T'hn Condition ofthis 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 kecp and perform the covenants,'conditions and provisions in the said
agreement and any alteration thereof made as therein providers 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..
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 reasot:ueble=attorneys fees,incurred
by the County of Contra.Costa or city assiguee,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(2.8 ) 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 either persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid+Civil Cade,for materials f-cu-nislied,labor of
any bind,or for amounts due under the Une€nploytnent Insurance Ace with respect to such work or
labor and that said undersigned 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 fiked by the court,all to be taxed as casts and to be included in the judgement;them n 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{corn nencmg with Section
30182 of Part 4 of Division 3) of'the Civil Code of the State of California,;so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the 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 effrct
C., No alteration of Said Road Improvement Agreement or any plan or specification ofsaid work agreed
to by the-Principal and the County shall rel eve.tbe Surety from liability ran 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 2.814 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALRD:
The undersigned,executed this document on January 14, 2005
4INDEMERE BLC LAND COMPANY, LLC, a California limitedliability company
3q: LEN--OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member
B ««_ LENNAR HOMES OF CALIFORNIA, INC. , ,a California
P CIPAL: Corporation, its Managing Member SI=T'Y- FIDELITY AND DEPOSIT COI+PAA'','t
25 Enterprise 8{31 North. Brand Blvd. , �entbouse Sai, e
Address: Adclxess:
City Aliso Viejo, C 92656 ' City. Glendale, CA 91203
print Name: David EvaiZ Print Name' Patricia H. Brebrier
Title: Vice President Title: Pit€orney-in-Fact
*OF MARYLAND
GaC +.tan c ons�BNwakt BN4au
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of'California
County of Orange
On January 18, 2005 before me, Dina Printv, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed t- 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 uponbehalf of which the person
acted, executed the instrument:
Witness my hand_ and official seal.
t DINA PRINTY
vorrsmission#1453610
iVolcry Public-California
orange County
3 all�vomm.Expires Nov 28,2007
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 SIGNER IS REPRESENTING:
Corporate Officer--Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 08745344
Number of pages: Two 2
Date of Document: .. January 14, 2005
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE Ar IOWLEDGMENT No.5907
State of California
County of Orange
On January 14 2005 before me, Ashley K.Ward,Notary Public
DATE NAME,TITLE OF OFFICER E.G.."JANE DOE;NOTARYPUBLIC
personally appeared Patricia H.Brebner ,
NAME(5)OF SIGNER(S)
personally knower to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/ere 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
As'4tEVK.WARD signature(s)on the instrument the person(s), or the entity upon
commission# 1483688
w... Notary Public-California behalf of which the person(s) acted, executed the instrument.
's 4rrange County
My Comm.Expires Apr 16.2008
WITNESS my hand and official seal.`
ALO
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 ATTACKED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE($)
❑
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(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40871GE£F 2198 0 1993:NAT10NAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
Power of A#tomey
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.ROGER.S,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 hereo d s te,constitute and
appoint Patricia JR.BREBNER,of Irvine,California, its true and la to make,execute,
seal and deliver,for,and on its behalf as surety,and as its act takings and the
execution of such bonds or undertakings in pursuan 's on said Company,as fully and
amply,to all intents'and purposes,as if t xe b ged by the regularly elected officers of
the Company at its office in B it This power of attorney revokes that issued on
behalf of Patricia H' E S
The said Assistant o t the extract set forth on the reverse side hereof is a true copy of Article VI
Section 2,of the By- ny,and is now in force.
IN WITNESS F, 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
,���jol o' .-
no }
By:
T.E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
City of Baltimore
On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and;qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and they each acknowledged'the execution of the same,and being,
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF,'I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney' Notary Public
My Commission'Expires: January 1,2044
POA-F 092-5025M',
EXTRACT FROM-BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company' may require,' or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances stipulations,
policies, contracts, agreements, deeds, and;releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional'Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws-of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 1Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made'heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall'be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 14th day of January 2005
V 1
Assistant Secretary'
ZURICH
gO.RLANYOURBOND
fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American
bsuratuae Company,and American Ouaratttee and Liability Insurance Company are malting the following
inbrtnstional disclosures to compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
1?[sl etMre of TerMjhm ft=lum
11eptcetm�itan aharge for risk of loss resulting from acts of terrorism(as defined in the Act)'under this bond is.
S,,,_'wsiveid„_.. This amount is reflected in the total ptemivm for this bond.
I sdosutre Qf Ayeflstbft g-f Qj=for Tet'CgjkM
As tAequftd by tw Terrorism Rkk Insurance Act of 2002,we have made available to you coverages for losses resulting
fto nets of tan riam(aa defined is the Act)with terms,'amounts,and limitations that do not differ mate dally as those
flim arising from evenu other than acts of terrorism.
Disctat erre o Feder t► SMn of iusuranc+s Catin _Tmor�Lasse
The TaTotlsnr Risk twurauce Act of 2102 eatatblishes a maltstilsm by Which the United States government will share'
in hrsert oft couvwy tosses resulting from acts of terrodwi(as defined in tote Act)aft a insuratm compatry has paid
loom hat excess of ars airmtual aggm8ate deduatlble. Por 2002,the inswunce oomparty dedueftle is 1%of dirM earned'
PvwAwn in 66 prior year:for 2003,''7%of direct earn"premium in the prior year,for 200-4, 10°y of direct earned
in Bre prior yeaz;and for 2005615%o€direct earned premium in then prior year. The fedtxd share of as
W C D corup a�y's tosses above its deductible is 90%in the event the United States Bove Merit pardaipates in
to s.ft United Mates govet MOM sooty dir act ias+urantce companies to collect a trtt7roriarat sumlrmge from
p+alieylZoldecs. The Act does not currently provide,for insurance industry or united States goveanment pwdoipation in
losses that exoeed$100 billion in any one calendwyea.
ftfto Lslf_._��TAUm
s Testartsm Itisk Iatsrt"oe Aot defines"Mot of tworhm"as any act that is oeetitied by the Stowary of the Treasury,
In 000=90"with the Secretary of State and the Attmey General of the.Unified Staten
1, to be ft ace ofurwrism;
2. to be a Violent act or an act that is dattgecotts to human life,property a urfrss w*j re;
3. to have reauttead in da mage within the LhdW States,or outside:of the United States is the-+ease of an air oartier
(bra defivad in rection 40102 of title 49,United 17 States Gude)or a United St *t flag vel(ot'a vessel based
PT1n*A11Y In:the United States,on whttdr Umited States lemma tax is prod and,whosee insumoe cavrrage is
atttb,M to tegtilation in the United Stataa) or the premises of a United Stater u"04;and
4. to bkve been committed by as iudividtral or individuals sating on behalfof 4W fot*Ppetstm or foreign
interest acs part of sat effort to coo=lett*tvitian populati=of the United States or to lidluace the policy or
affft the:conduct oft a Unified States Qo'vfstwtattby"Mion.
ft so nib i be armed by tie Sea Uuy as alt act of wrolimr if the act is cv=Mtttsd as pact ofthe course of a war
tSat am+tid by Go roan(exoW fbr wow'ONVemotion)or prop"turd muilty itu mute tosses te►st>if*flrom the
44t,iS tie ag peate,do not exoeed S5,000 OOO. ;
lbo n deet Ara inforwationol only and do not ntetN!'y,yoar bond or affect Your'rtghto rmier.die bond.
Copyd ht Z ft AnWm woe CwWW 2,003