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HomeMy WebLinkAboutMINUTES - 02072006 - C.11 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR C . II DATE: February 7, 2006 SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Extension, RA 04-01176 (cross-reference Subdivision 03-08508),being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for RA 04-01176 (cross-reference Subdivision 03-08508), approving the Road Improvement Agreement for Windemere Parkway Extension,for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA 04-01176 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. Continued on Attachment: SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _,A-IrPROVE TH.R SIGNATURE (S): ACTION OF BOA7Na-7_&-C,6 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE F SUPERVISORS date shown. UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED: ��''6 au•Q- '" o,� Originator Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: Teri Ric(313-2363)3) 0:\GrpData\EngSvc\BO\2006\02-07\RA 04-01176 BO-15.doc Supervisors and County Administrator LL:rm cc: Public Works-G.Paduveris,Construction Current Planning,Community Developtnent T—12/7/07 Windernere BLC Land Cornpany,LLC 6121 Bollinger Canyon Road Suite 500 By ,Deputy San Ramon,CA 94583 Attn:Brian Olin Insurance Company of the West 17852 E.17ih Street,Ste l 1 I Tustin,CA 92780 Attn:Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 7, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Extension, RA 04-01176 (cross-reference Subdivision 03-08508), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Windemere Parkway Extension, road acceptance file RA 04-01176 (cross-reference Subdivision 03-08508) property located in the San Ramon(Dougherty Valley) area, Supervisorial District M. 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-two year(s) 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. Contact: Teri Rie(313-2363) G:\GrpData\EngSvc\BO\2006\02-071BA 04-01176 BO-15.doc ? LL:mr ATTESTED: cc: Public Warks-G.Paduveris,Construction Current Planning,Community Development JOHN SWEETEN,Clerk oft e Board of Supervisors and T—12/7/07 Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 , Atm:Brian Olin Insurance Company of the West 17852 E.17'�Street,Ste 111 By ,Deputy Tustin,CA 92780 Attn:Rosa E.Rivas RESOLUTION NO.20061 53 SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Extension, RA 04-01176 (cross-reference Subdivision 03-08508), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: February 7, 2006 PAGE: 2 I. Cash Bond Performance Amount: 37,800.00 Auditor's Deposit Permit No. DP 453163 Date: October 20, 2005 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 II. Surety Bond Bond Company: Insurance Company of the West Bond Number and Date: 2171041 September 27, 2005 Performance Amount: $3,746,200.00 Labor&Materials Amount: $1,892,000.00 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. RESOL UTION NO. 2006/ 3 ROAD IMPROVEMENT AGREEMENT Developer: Windemere BLC Land Company,LLC Effective Date: 2 17 Development: RA 04-01176 Completion Period: 2 year Road: Offsite Windemere Parkway WINDEMERE BLC LAND COMPANY,LLC 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 Homes of Califomia,Inc., Manaeine Member By. (' �iLv� I (signature) (print name&ti e)Do Larson,Vice-president RECOMMENDED FOR APPROVAL By: _ (signature) En gi e e 'ces Division ! (print name&title)Brian Olin,Asst.Secretary t FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,silpralures musl conform with the designated representative groups ptusuam to Corporations Code S313.) 1: PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Develouet, 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 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 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $. 37.800.00 cash,plus additional security,in the amount of$ 3.746.200.00 which together total one hundred percent(100%)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$ 1.892,000.00 —which is fifty percent(50%)of the estimated cast of the work Such securityis 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 them 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 maybe reduced in accordance with S944.406 and S94-4.408 of the Ordinance Code. . 4. GUARANTEF,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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On October 6, 2005 before me,Karen L. Keenan,Notary Public,,personally appeared Don Larson&Brian G. Olin,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 persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN _ Commission# 1378827 Notary Public - California S gnature of No Public Contra Costa County My Comm.Expires Oct 7.2006 COUNTY OF CONTRA COSTA ••......J DEPOSIT PERMIT. OFFICE OF COUNTY AUDITOR-CONTROLLER / TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVE�WR/OMt ORGANIZATION NUMBER `>` 1•` ,43b,3S (For Cash Collection Procedures see County Admin'istrator's Bulletin 105.) DESCRIPTION FUND/ORC1 ACT TASK OPTION ACTIVITY AMOUNT $ 1 A G'G 1�: 'j1 yS' r� J �1 ,•7�1'f1I" �z T f t'�,.:�1=; (Y �;�.: ( (%.��',�:��D ��.�C'I�'/J 1y q ,2 �� lG lr'C-' ✓ / 'nr r_14 ��L/:/ r f' �',' l II G! f}� � �) X-' 0 != - i � r EXPLANATION: TOTAL $ I . r i� !. ' DEPOSIT Deposit consists of the following items :.//. Ji 'l f COIN and CURRENCY $ 1/ �• ,,y CHECKS.M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER I DATE i -71_4 w ASSIGNED I The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury. acknowledged Signed:r�Ff f� ;r Date fi � / � ..,r Signed: !. ,� - Signed: c l is Title: //,i 1 .'rr 1 r, EXT. + /� Deputy"County Auditor Deputy County Treasurer -34 REV.(7-93)"'),"', COUNTY OF CONTRA COSTA i_. DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER / ,O THE TREASURER; MARTINEZ,CALIFORNIA ' RECEIVED FROM ORGANIZATION NUMBER ' " (orsoriimeon) (For Cash Collection Procedures see County Administrator's Bulletin 105.) SUB ACT. DESCRIPTION FUND/ORG. CC TASK OPTION ACTIVITY AMOUNT ' -�+f, / `� �'�; fes•fli"`/i/f 1/ ;L% /i/.�' c�1 �� � [ f t// �• Yi GJ I tiAlli ) f' x-', A,fir/ / C ' :a��G� /! %!/'7 ' �L'l_ i��t' _% •.�, I C,/i k5w, 44 1. q./7�J ' J1I ,�'�i' l `: `/r:` I �y;• �, / i t J: 4 E14, .t� %t•',rJ I [s, / I 1�. � /1:>r t/ .if �• I!` ' 1�l G'��"� r � i/jl� 'r"?../ I.till", itom,.f. / '•� fl.J f./, _ /j/ �- r,�• `Yl/ / i�j ' > f`�r ,, / rr• I � ! J , ;1 .� / � )I��r!1 /'' (r� 14 EXPLANATION: TOTAL $ ~: i DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.C,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMIT —� NUMBER DPDATE � ASSIGNED rOCJ The amount of money described above is for. Treasurer's receipt of above amount is approved: Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signed i .r�yr/i".s r Date �`l ;/ 1 Signed- ./,- `� -'/ /_/! _r "" Signed: Title:,/,� //,`.j/1`1 �/. �' EXT. ! 9 / `Deputy County Auditor Deputy County Treasurer D--34 REV.(7-93) COUNTY OF CONTRA COSTA n ! (- - DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER O THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FRO�iM It C�! it(, Puy,,,l�1 2 . . sCI. G��1 / ill ORGANIZATION NUMBER -1 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORCL �CT ACTIVITY OPTION ACTTY AMOUNT $ %S(} ,'j _Z!lr`? /t!�r:.?1 jJj .1.. f!�.rf i'/. ,!_L 'f'l'� ►� ''�i l ! „ l'y�.f.,+ f r•�_ ' (.�. /r/, �-����i%' .� '� / ��( !/ �(s i%tel=�i h'Y � ilr_f 'k'�%� �/ �� jr 1 I1��1 I .. _ 1 I I I . I ' I I I EXPLANATION: TOTAL $ DEPOSIT 1 Deposit consists of the.following items COIN and CURRENCY $ CHECKS.M.0.ETC.. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT• _ PERMIT DP ' ! NUMBER - DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into the County Tneasury. acknowledged Signed: r! r, ,t f ,. d,;! Date/1 f;/ 1"l Signed. :rte l.� / / . ." Signed: Title I;,i1�,l,�i l: J'}!,' EXT �� `� ---: Deputy County Aud'rfor, Deputy County Treasurer -34 REV..(7 93) 819800-0800: 61189294, $37,800.00, RA04-01176 (guarantee of performance) Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA. 94583 0682-9752 / 819200: G1190090, $1,900.00, Highland Blvd. Vacation Kensington 6Q1878, Bank of America Cashier's Check, Thomas Hookano, 425 Market Street Suite 2200 San Francisco, Co. 94105 0649-9665 / 831000: 61189290, $5,000.00, M504-0015 for Plan Check, Ben Simhayof, 4340 Walnut Blvd., Walnut Creek, Ca 94696 0649-9665 / 831000: G1189290, $1,550.00, for Map Check, Ben Simhayof, 4340 Walnut Blvd., Walnut Creek, Ca. 94696 0649-9665 / 831000: 61189291, $2,700.00, DP 03-3063 Nextel Wireless tower, Civil Inspection Fee Deposit, Nextel, 1505 Farm Credit Drive, McLean, Va. 922102 0649-9665 / 831000: &1189297, $80,000.00, RA 04-01176, Road Acceptance Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA 94583 0649-9665 / 831000: 61189298, $500.00, Record of Survey,.RS 3034, De Bolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 831000: 61189299, $500.00, Record of Survey, RS 3041, Stockinger Surveys, P.O. Box 24, Martinez, CA. 94553 0649-9665 / 831000: G1189312, $500.0 0, Record of Survey, RS 3038 Surveyor's job # 05269, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 831000: G1189313, $500.00, Record of Survey, RS 3042, The Sikh Center San Francisco Bay Area, Inc., 3550 Hillcrest Rd., EI Sobrante, CA 94803 0649-9665 / 831000: G118313, $14,000.00, NR05-0001 Inspection Deposit, Palecek, P.O. Box 225, Richmond, CA 94808 EXECUTED IN DUPLICATE Bond No.: , 2171041 Development: RA 04-01176 Premium:$ 32,470.00 2yrs. IMPROVEMENT SECURITY BONA FOR ROAD IMPROVEMENT ACREEMENT (Performance,Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT ACREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 04-01176 to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION; Windemere 13LC Land Comnanv. LLC ,as Principal and Insurance Company of the:,.West ,a corporation organized 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: Three Million Severs Hundred Forty-Six Thousand Two Hundred and 00/100 Dollars ($ 3,746.200.00 )for itself or any city assignee under the above County Road Improvement Agreement, plus H. Payment, One Million Eiaht Hundred Ninety-'two Thousand and 00/100 Dollars ($ 1,992,000-00 )to secure the claims to which reference is made in Title 15 §§et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Seaton(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 keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its par[, to be kept and perfurmed 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 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 (2.13.) 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 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 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 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,1 S(commencing with Section 3082 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 become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County 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 Surery 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 Principal whenever taken 4. SIGNED AND SEALED: The undersigned executed this document on September 27, 2005 Windemere BLC Land Company, LLC PRINCIPAL: See attached signature block SURETY-Insurance Company of the West Address. 6121 Bollinger Canyon Rd. , #500 Address: 17852 E. 17th Street, Suite 111 City: _$an Ramon. CA 94583 City: Tustin, CA 92780 By: By: � o Print Name: Print Name: Rosa E. Rivas Title: Title: Attorney-in-Fact GAG DV-%Z1 *C*4.r n 1St4 WORD$N-4 loo 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 By: Gre O i, Vice President By:_ 6j-t-- a", Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 28, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Dee Baker, 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. rz�_M; DINA PRINTY Commission# 1453610 z Notary Public-California y� ZOrange County 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 form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greq Pomi —Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 2171041 Number of Pages: Three (3) Date of Document: September 27, 2005 Signers (other than those named above):Rosa E. Rivas CALIF6RNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 27 2005 before me, G.L.Reza, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E.Rivas 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 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 G. L. ftEZA i behalf of which the person(s) acted, executed the instrument. o COMM. #1395003 �® NOTARY PUBLIC-CALIFORNIA 9 ORANGE COUNTY c �I My Comm.Exp. Jan. 21, 2007 WITN SS m ha and official seal. CA-A I V t NATURE OF NOTARY 01� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE 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(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 No. 0000973 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 JANE KEPNER,NANETTE MYERS,JAMES A.SCHALLER,JERI APODACA,MIKE PARIZINO, LINDA ENRIGHT,RHONDA C.ABEL,ROSA E.RIVAS,RACHELLE RHEAULT,GRACE REZA 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. �oowPurra� �NSllq _A) Maw INSURANCE COMPANY OF THE WEST ,o�pPPOp{TE lye �04oAP0g4rgyc+ mct Q O� THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY SEAL *4vH 1.Alf, f�+y�i gee aao y� a �� COMPANY ONA rei�romo� dyl *fid °eoM � Baa John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California } ss. County of San Diego On December 5,2003,before me,Mary Cobb,Notary Public,personally appeared John L.Hamnum 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. MARY COBB V4f COPM #-132.1341U NOTARY PUBLIC=CALIFORNIA..cW�, MyCommissionlGpeh E fii .. "A SEPTEMBER 20.2005..,., Mary Cobb,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. 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 1,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 this 27th day of September 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. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego, CA 92130-2045 P.O.BOX 85563, San Diego, CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com Bond Number: 2171041 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 losses 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 Dollar($1.0). Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually.