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HomeMy WebLinkAboutMINUTES - 05112004 - 2004-668 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 14, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, 3--1 UTA IER ANTD GREFI�BE G NOES: NONE ABSENT: SUPRVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 668 SUBJECT: Approving the Second Extension and Amending the Subdivision Agreement for Subdivision 90-07535, Byron area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Bruns Properties and the County for construction of certain improvements in Subdivision 90-07535, in the Byron area, through September 17, 2005; s APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% a ANTICIPATED DATE OF COMPLETION: September 2005 ♦ REASON FOR EXTENSION: Developer was unable to complete project. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. The following substitute security to guarantee the road improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Bruns Properties as principal in the farm of a corporate surety bond and rider (Bond NTo. 1846676) dated May 1, 2002, and issued by Insurance Company of the West in the amount of$220,295.00 for faithful performance and$111,260.00 for labor and materials. ID:nn G:1GrpData\EngSvcTO\2004112-14-041SD 90-07535 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public works(Es) and entered on the minutes of the Board of Supervisors on the date Contact: Frank Navarro(313-2264) shown. cc: Public Works—T.Bell,Construction Current Planning,Community Development DECEMBER 1�+ 2004 T—July 17,2005 ATTESTED: Bruns Properties 239 Main Street,Suite E JOHN SWEETEN, Clerk of the Board of Supervisors and County Pleasanton,CA 94566 Administrator Attn:Rosalyn Stnwn Insurance Company of the West 1575 Treat Blvd.,#200 Walnut Creek,CA 94598 ,�t� , �_ Attn:Roberta Lehrman By """yl' ,DeDUty RESOLUTION NO.2004/ 668 SUBJECT: Approving the Second Extension and Amending the Subdivision Agreement for Subdivision 9007535, Byron area. (District III) DATE: December 14, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on September 17, 2002, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond and rider; BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to retain the cash deposit(Auditor's Deposit Permit No. 386750 and 434403, dated May 21,2002 and November 10, 2004 (respectively), in the amount of$2,075.00 and $150.00 (respectively)). All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/668 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 14, 2004 SUBJECT: Approving the Second Extension and Amending the Subdivision Agreement for Subdivision 90- 07535. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&13ACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 668 for Subdivision 90-07535,approving the Second Extension and amending the Subdivision Agreement, for project being developed by Bruns Properties, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements are not complete and the Subdivision Agreement has expired. The developer,Bruns Properties, has renewed the Subdivision Agreement, amended with a bond rider and an additional cash bond to reflect the updated engineer's estimate. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will not be renewed and cash bond and security bonding will not reflect the current costs of the improvements. Continued on Attachment: t-- SIGNATURE: .--"RECOMMENDATION OF COUNTY ADMINISTRATOR f RECOMMENDATION OF BOARD COMMITTEE G ✓81,PPROVE OTHER SIGNATURES : ACTION OF BOA)t0ON filE MMF'R 1 A- 20Q4 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the xx [JNANLMOUS(ABSENT_V ) minutes of the Board of Supervisors on the AYES: NOES: ABSENT: ABSTAIN: date shown. G:SGrpData\EngSvc1BO\2004112-14-041SD 90-07535 Order.doc DECEMBER ��' ��� Orig.Div: Public Works(ES) ATTESTED: E L+C-BER Contact: Prank ublic avarro Works-T. ell,C JOHN SWEETEN Clerk of the Board of cc: Public Works-T.Bell,Construction Current Planning,Community Development T-July 17,2005 Supervisors and County Administrator Bruns Properties 239 Main Street,Suite E Pleasanton.CA 94566 Attn:Rosalyn Simon InsuranceCompanyTreat of Blvd-9200 By �a Deputy 1373 Treat Blvd.,#200 Walnut Creek,CA 94598 Atir.:Roberta Lehrman CONTRA COSTA. COUNTY SUBDIVISION AGREDENT EXTENSION rWvelopnent Number: £ubdivietcA 90-709 Developer: ins Prop"96 Oxy Aureement Dotte: September 17,2002 Secoad Extension Newv'rermtnntlon Date: September 17,2009 Improvement Security Surety: lnsuram Company tithe West Bond No. (Dente): 18 576(ray 1,2002) fillgrity'mo, Saar aunt Cash: S=9.00(1% cub,5- 1,000 b!n.) Baud: S 220M5.00(Perfor-avec) S 111,260.00(Labor&Material) The D Weloper any the Suraty desire this Ag Ooment to be extenW thraugh the Wbm d ;and Contra Casty Cotmty mid said Swety bmby apu thereto anti adtttowled I Dated: 4c>Ve,46 e#E 246 Z= D • October 28 2004 FOIL CONTPA COSTA COUNTY T)c� ice Shi ut ia�Vo tsDiractnr Jo n Steinbuch Printed L�evciop�s Signatnue{;g} "Com 'I?]3U FOR APP VAL: 77 Arthur Dunkley By. --- Priuled agsZ"dvinn} 239 Main Street, Suite E Pleasanton, CA 94566 Address Insurance BCompanyofthe West (NOTE DeWbpor% Sw&y's and finand�i 15�75�re�at lav . ,h #�00 I7sNktt�t1 s+ iaturse�mr�scbtltrOtzf') WalnutBelt, CA 94598 "onmy in Feats 9t t*e Roberta Lehrman Prised CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco SS. On October 28, 2004 before me, Antoinette D. Mitchell , Date Name and Tile of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Roberta Lehrman Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence el to be the person( whose name4} is/afe .Y} t�Tz;i-EI subscribed to the within instrument and �I a;¢ acknowledged to me that be/she/# executed the same in /her/ authorized zcapacity(isc4, and that U -. i�i'�s- . b s COMM-` r'r g a#urea} on the instrument the person(o) (i the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ure of to li 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 Claimed By Signer(principal) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-❑ Limited ❑ General ® Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: AbA 1l(,n No.0002729 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company I 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 i 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 SHARON K.HARRIS AND MELISSA A.DAVIS,STACEY MOEN,KAREN SMITH-DILLON,ROBERTA LEHRMAN their true and lawful Attomey(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 WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. sarrwxr P+,N9 INSURANCE COMPANY OF THE WEST �pKra>w�r� o'aab� THE EXPLORER INSURANCE COMPANY SEAL. INDEPENDENCE CASUALTY AND SURETY COMPANY �I i a John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego s8 On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be EE 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 N7AHY CALIFORNIA Cil y DIEGO CCititkTY My i';4CH 1#o,,E>rpi"' t4AffiC�i-t t9,2[X74 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 i Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(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 malting 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 E j ( I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence 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. , j IN WITNESS WHEREOF,I have set my hand this f", day of ' Lti1'`=� i E E John H.Craig,Assistant Secretary Ei k 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 El Canino Reai,San Diego,CA 92130-2045 or call(858)350-2400. OCT.18.2004 11:49AM CCC PUBLIC WORKS NO.62E P.4 CALIFORNIA ALL-PURPOSE AC OWLRDG---EM NT state of I �A'' t Ol°'T ONAL SECnON C:ounrj of C.APAt'rrY CIAIMTD BY SIGNER on ,before rite, ) Tltoo�h statute does not require the Notary to till > rru ss a axY rush =below,darn below,"jug so tray,prove invatoahlo to persons ralying on the doeumant. � personally appeatecl � � ) 0 II,OMPUAL { personally known to me.09- ❑ provided to rue on the basis of Satisfactory evidence to 0 CORPORATE OFFICER($) ff to t: Twu(s)whose narne(s)Aare m (s subscribed to tiro within instrnram and .-----..... acknowledged ro me that holt hboy executed ❑ PARTNER($) ❑ LIMITED i'OSAtYN SIMON the sarno in hisllterltheir authotixed ❑ OENERAL Comm.*147046 capacity6as),and that by lvaiherJtltair p ATTORNEY.IN-PACT } WM MW•COCOA sipature(a)on the instr meatt the pmwn(s)or p TRUSTEE(S) Rhee aCcunl tate entity upon behalf of which the person(s) n X*j FR.1712"1 a .exeoutrul th ,instruTnntt _� ❑ GUARDI�3�QNSBRVATOR d a affidil f,:. SIGNER IS REMSENTINGt I*AhM OP PMW''NM ort srrrrnrpss)I 4 1 r 8 N A&Y fl acknovtledged to,rise t#�at such corporation executed thew$thin inRtmitT mrt pumeAt to its by laws or a resolution of its Board of Directors. OPTIONAi, SEC.'MON I THIS CERTIFICA'M MUST BE ATTACHED Title or Type of Document TO THE'DOCUMENT AT M09T. Number of P'agcs Though tba adiacant data is not required by law,it snay prove valuable Date of Document to persons rdlying on the document and could prevent fhwdulant Signer(s)Other Than blamed Above re-auwhrnettt of this form INSMUCTIONS TO NQTA—U The following Wormation is provided in an effort to expedite processing of this documents. Signatures required on docun=ts,rust co=yly with the following to be acceptable to Contra Costa County. I, FOR ALLIGNA- TURES .The name and interest of the aiguer should be typed or printed BENEATH the signature. The harne must lie-signed exa�tc y as it is typed or printed. II. SIG ATURBS FC)R D I' UALS-The name must be signed exactly as it is pr4nd or typed. The signer's intim in the property must a snare, M. SIGNATURES FOR LAI3TNERSMPS-Signing party mut be either a general partner or be authorized in writing to have the out vasty o sigh f`or andbindthe p ership, IV. SIONA F(:)R C( "OP A'nONS I)o`cumonts should sa era' y two o kers,one from each of the following two groups: GROUP 1, Na Chau of the Board . The President c Any Vice-president GROUP 2. a The Secretary .An Assistant Secre��ry C The Chief Financial Officer The Assistant Treasurer If sipatgres of officers from,each of the above tworoups do not appear on the instrument,a certified copy of a resolution of the Boafci of Directors authorizing the person signing the iistrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will s4ff re, Notarizaticsr of only rine corporate suture or signatures from only one group,must contain the following phrase. 'l—and ack owledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OCT.18.2004 11:50AM CCC PUBLIC WORKS N4.626 P.5 cA FoRmA ALL-PURPOSE ACICNOWLEDGE1VENT State of :A C1P'I ONAL nCnON k County of CAPA+CIR"ft CLAIM D BY SICaINF.tt. before e, j Thaugh ttatute does not require the Notary to itlt o tcha moo„° Nof ARY rus�T is to s dots belaw,doing eo may prove invaluable to persons relying an the dotamant. pereon3'appeared watt�ts7 tas+a C C INDIVIDUAL personally known to me.OR• 0provided to m;ars ftbasis of satisfaosory evidence To Cl CORPORATE CP'PtCBR(S) be Tho porson(s)whose name(s)islara rrrts(s) sw�rRrr++++� - subscribed To the within irfnmom mid ili)SAIYl SiltttdH apknowiedged to me that helshefthey executed C3 PARYItiErR(S) CI T.IMI1'Bp Comm#147094$ the somite in hia/balthoir w4horized ❑ GENERAL NOW tgttlC.CAtifONIA espacity(ics),and*at by hisAerftbcir ❑ A:TTORNEY N-FA,C'Y' A mty Co ; slgnature(s)on the iTwu1 non;the person(s)or ❑ TIZ[15 T�1 My Comm.b$sj IE6.1T,2G05 entity upon behalf of which the peTmon(s) rxaauted the` QGUARDIANtCONSURVATOR Q O`T'HM hon ertd,o�eiai Be t ' SY NER IS REPRESEi�1'ING: tanr�ar Yt�as®rns}art skrrtrrctssaa 5 A Ok XtiY Cl admawledged to mo that such corporation ted the within instrument pursuarit to its by-laws or a resolution of its Board ofDirettom 0I''TTONAL SEMON THIS CBRTIFICATS MUST BE A."I t'AC14ED 'Title or Typo of Document TO THE DOCl3A4I;iT AT RIGHT. Number of Pages Though the adjacent data is not mquired by law,it may prove valuable Date of Document t to persons relying on the document and could prevent fhaduleTst Signcr(s)Odmr Than Named Abovt to-attaehment of this form ..._. .., INSTRUMO SIS TO NOTARY Mae following infortnalion is provided in an effort to Medite processing of the do=mem, Signatures re�*red on docum=ts must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIZAT_URES -The name and interest of the signer should be typed or printed$ENEA'S'H the signature. Thee name roust be algried exactly as it is typed or primed. 11. SICYNATURE>FOR INDIVIDUALS-The uanne must be signed exactly as it is printed,or typed. The signer's interest in Ee' property rtt t a stat I1I, SIGNATURES FOR Sipm;Parti'mast be either a general pater or be authorized in writing to have t-he s ozi"ty is pn or and b=d t1je partnership. IV. SIGNAWM ZR,�C2 RPC`IItATIONS Documents should be signed Dy two o icers,one from each of the fallowing two groups: GROUP 1. (a}The Chair of the Board ((((bs The Pmsident c Any Viol-President GROUP 2. a The Secretary Au Assistwit Secretary c The Chief Financial Officer d The Assistant Treasurer If sigxtatures of officers from each of the above twooups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instr=ems of the tyke in question is required. A cu=cntly valid power of attorney,notarizedovull suffice. Notarization of only one corporate signature or signatures from only one group,muse contain the following phrase: "..and acknowledged to ane that such corporation executed the within mstturneut pursuant to its by-laws or a resolution of its Board of Bisectors." SURETY RIDER To be attached to and form a part of I Bond No. 1846676 i Type of Bond: PERFORMANCE, GUARANTEE AND PAYMENT dated effective 05/01/2002 (MONTH-DAY-YEAR executed by BRUNS PROPERTIES as Principal, (PRINCIPAL) and by INSURANCE COMPANY OF THE WEST as Surety, in favor of COUNTY OF CONTRA COSTA (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing THE PERFORMANCE BOND AMOUNT TO: $220,295 AND THE PAYMENT BOND AMOUNT TO: $111,260 I i Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 10/28/2004 (MONTH-DAY-YEAR) Signed and Sealed 10/28/2004 (MONTH-DAY-YEAR) BRUNS PROPER'PIES- --"* '111 MN INS OMPA OF THE WEST f (SUR ) } By: f (ATTORNEY-IN-FA T) R BERTA LEHRMAN 8-0448/GEEF 10199 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco SS. On October 28, 2004 before me, Antoinette D. Mitchell , Gate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Roberta Lehrman Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person{r4 whose names) is/or-& �t #-w ; ;• t�zlT � subscribed to the within instrument and AN ik`��. � ` RNE acknowledged to me that /she/4gey executed �'" ` the same in 4Wher/44i* authorized reg ykkw4, and that by is/hedt SEDS t, capacit tr signature(c4 on the instrument the person(r4 or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above If Si " tur of dot u r l 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 fonn to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity Claimed By Sinner(Principal) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-❑ Limited ❑ General ( Attorney-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ADA 1- STATE OF CALIFORNIA COUNTY OFALAMEDA }ss On November 22, 2004, before me, Rosalyn Simon, Notary Public, personally appeared Arthur W. Dunkley personally known to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person(s) acted, executed the instrument. r NESS my hand and official seal. ROSALYN SIMON Comm.#1470945 Now P CAUPORNIA .. '" ` f!"��°( �% My Carom.Exphai�),�Dli� "► � r 111 ✓`� . r �f No.0002729 i ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company 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 j SHARON K.HARRIS AND MELISSA A.DAVIS,STACEY MOEN,KAREN SMITH-DILLON,ROBERTA LEHRMAN 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 WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. G°ar"�r O►a �p '�"xTro INSURANCE COMPANY OF THE WEST M"Juk—�— .a`r &a°o �� a + THE EXPLORER INSURANCE COMPANY j SEAL i INDEPENDENCE CASUALTY AND SURETY COMPANY I John H.Craig,Assistant Secretary John L.Hannam,Executive Vice President State of California County of San Diego ss. On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum 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. 1V7 MA;67ER COMM.VCALIF RNI N01ARIY PUisL1C-t ALIFt3RN#A SAht DIE Cfilll4PTY Myr U TYs 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 Attomey(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. r 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 L the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence 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 th:s to day of October • j 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 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. i