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HomeMy WebLinkAboutMINUTES - 05232006 - C.8 C" �D 9 gE L TO: BOARD OF SUPERVISORS = - ' Contra J = FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORo' Costa DATE: May 23, 2006 �•.� - •�`��� os -� Count T't-COUti'C'I y SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for PA 06-00034 (cross- reference Subdivision 05-08900), Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/3// for PA 06-00034 (cross-reference Subdivision 05-08900), approving Subdivision Agreement (Right of Way Landscaping), for project being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area.-(District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The landscape plans for PA 06-00034 has been reviewed and processed by Public Works staff and meet a1I applicable conditions of approval for SD 05-08900 regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping)will not be approved. Continued on Attachment: SIGNATURE: "' _k4CECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓fCPPROVE THER SIGNATURES -. ACTION OF BOON APPROVED AS RECOMMENDED OTHER VOT PER OF SUISORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Z:\GrpData\EngSvc\BO\2006\05-23\PA 06-00034 BO-16.doc SG:kg Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) ATTESTED: cc: Public Works- •A.Bell,Construction JOHN CULLEN,eferk of the Board of D.Brockbank,Community Development T—March 23,2008(PI) Supervisors and County Administrator Shea Homes Limited Partnership 2580 Shea Center Drive Livermore,CA 94550 Blake Reinhardt Arch Insurance Company By , Deputy 136 N.Los Robles Ave.,#825 Pasadena,CA 91101 ATTN: Victoria M.Campbell THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2006 by the following vote: AYES: Uilkema, Piepho,.DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 06-00034 (cross-reference Subdivision 05-08900), being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) The following document was presented for Board approval this date for PA 06-00034 (cross-reference Subdivision 05-08900), located in the Oakley area. A Subdivision Agreement (Right of Way Landscaping) with Shea Homes Limited Partnership, a California Limited Partnership, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two year(s) from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $3,027.00 Deposit made by: Shea Homes Limited Partnership, a California Limited Partnership Auditor's Deposit Permit No. and Date: 462608 April 20, 2006 Z:\GrpData\EngSvc\BO\2006\05-23\PA 06-00034 BO-16.doc I hereby certify that this is a true and correct copy of an ri kg Oginator: Public Works(ES) action taken and entered on the minutes of the Board of Originator: Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Public Works- A.Bell,Construction D.Brockbank,Community Development / n � T—March 23,2008(P1) ATTESTED: Ap�•7 Shea Homes Limited Partnership 2580 Shea Center Drive JOHN CULLEN, dgX,of the Board of Supervisors and Livermore,CA 94550 County Administrator Blake Reinhardt Arch Insurance Company 136 N.Los Robles Ave.,#825 Pasadena,CA 91101 ATTN: Victoria M.Campbell By ,Deputy RESOLUTION NO.2006/ ��� SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 06-00034 (cross-reference Subdivision 05-08900), being developed by Shea Homes Limited Partnership, a California Limited Partnership, Oakley area. (District V) DATE: May 23, 2006 PAGE: 2 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU 5020150 April 18, 2006 Performance Amount: $299,673.00 Labor&Materials Amount: $151,350.00 Principal: Shea Homes Limited Partnership, a California Limited Partnership NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO..2006/ SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) / Subdivision: SD 8900 / PA 0600034 Effective Date: r/23f�� Subdivider: Shea Homes Limited Partnership Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director Shea Homes Limited Partnership, a California Limited Partner hip By: 0- 1 (signature) (print rt Donald A.Hofer - RECOMMENDED FOR APPROVAL: .�si ture y' c > Engineering Services Di rsion (print narte Shelley Galvin FORM APPROVED: Victor J.Westman, County Counsel - (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, - - signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1.1 PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider 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 subdivision 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). Subdivider shall complete said work and improvements(hereinafter called'Work")within the above completion period from date • _ hereof as required by the California Subdivision Map act(Govemment Code§§66410 and following),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 Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. - For Performance and Guarantee: $3;027.00- - - - - cash,plus additional security,in the amount of $ 299,673.00 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. Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider 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$_ W1 3 50=00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: ' Cash,certified'check, or oashides check v _x Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On April 19, 2006 , before me, Laurel Wilson,Notary Public, personally appeared Shelley Galvin and Donald A.Hofer ,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/tom executed the same in his/her/their authorized capacityCies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. •- L. WILSON 44 9 ` Q - COMM.EXP.MARCH 4,2008 r � NOTARY P BLIGCALIFORMA O�l� ALAMEDA COUNTY -I Signature: 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 Document Title/Type Subdivision Agreement(Right of Way Landscaping) Document Date: Number of Pages 1 Signer(s)Other Than Named Above: Contra Costa-County Capacity(ies) Claimed by Signer(s) Signer's Name: Shelley Galvin&Donald A.Hofer • "' Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: _Limited _General _ Attorney-in-Fact _ Trustee _ Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership • COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 (urganton (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 25.47 Sale of Prints 004530 9931 REV 6GO085 103.75 Sale of Plans & Specs 004500 6AO196 204.70 Corner Records 3875-3882 000651 9660 6LO88D 80.00 Record of Survey RS3088 500.00 RS3086 500.00 RS3094 500.00 RS3087' 500.00 RS3091 500.00 RS3089 500.00 RS3090 500.00 Floodzone Determination 6LO86B 50.00 CCC 1D Card Replace 004500 9975 10.00 BW2/06 RTDIM Fees 007983 9595 1,147,980.00 Trust Fund 000649 9665 1,501.59 819800 108001 101,507.00 EXPLANATION: TOTAL $ Acctng: G1200879 DEPOSIT 1,254,962.51 Deposit consists of the following items Eng Svcs: G1200639-131200671 COIN.and-CURRENCY $ 155.89 Records: G1 191982-Gl 191994 CHECKS,M.o.,ETC. $ 1,254,806.62 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 Receipt of above amount is hereby acknowledged. deposit into the County Treasury 7.1 Signed Date_l_/ Signed: - Signed: '7 Tit e:` ''., EXT. 'Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-93) c . 0649-9665 / 112300: G1200650, $1,001 .59, MS 04-0020, Inspection Fee, Oak Gate Properties,LLC, PO Box 807, Danville, CA 94526 0649-9665 / 112300: G1200660, $500.00, MS 03-0005, COA Check, Brian D. Seibel, Attorney at Law, 1850 Mount Diablo Blvd., Suite 650, Walnut Creek, CA 94596 . 819800-0800: G1200640, $10,000.00, EF 0500624, Cash Bond, Mercy Housing of California, 1999 Broadway, Suite 1000, Denver, CO 80202 819800-0800: G1200663,. $6,522.00, Sub 7562, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200664, $7,409.00, Sub 8955, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200665, $10,957.00, RA1145, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200666, $50,524.00, PA05-00029, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200667, $1,304.00, PA06-00033, Cash Bond, Shea Homes, .2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200668, $3,027.00, PA06-00034, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200669, $5,731.00, PA06-00036, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: G1200670, $3,238.00, PA06-00037, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 819800-0800: 61200671, $2,795.00, PA06-00035, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 . i ***EXECUTED IN DUPLICATE*** _ -A D600 06900 REf, - _. _. -5D o5os��oo) Bond No: SU5020150 Premium: $2,997. Any claim under this Bond should be sent V the followi address: A;ich Insurance Company 135 N. Los Robles :it&N Pasadena, CA -9110f:.' IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT, The Principal has executed an agreementwith the County of Contra Costa(hereinafter'Counly`)to install and pay for street,drainage and other improvements in Subdivision * as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision:: Under the terms of the Subdivision Agreement, Principal is required to fumish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. 2. OBLIGATION. Shea Homes Limited Partnership as Principal,and Arch Insurance Company a corporation organized and existing under the taws of the State of Missouri and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it Two Hundred Ninety Nine Thousand Six (A. PerformanceandGuarantee) dundr.ed.7 Severity-Three & No/ Dollars($ 299,673. )for Itself orany city assignee under the above Subdivision Agreement. 100 One Hundred Fifty One Thousand Three (B. Payment) Hundred Fifty & No/100 Dolfars(S_ 151,350. ltosecure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of Califomia 3. CONDITION. This obligation is subject to the following condition. A. The condition of this obligation as to Section 2.(A)above is such.that If the above bounded Principal, his or its heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,mndibons and provisions in the said agreement and any alteration thereof made as therein provided,on his or their 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(orcity 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 therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment rendered. B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County,of Contra Costa and all.contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to this work or labor, and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond, will pay,in addition to the face amount thereof,costs and reasonable 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,and to be taxed as costs and to be included in the)udgment therein rendered. If 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(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition 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 change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan of specifications of.said work,agreed to by the Principal and the Counly of Contra Costa(or city assignee)shall relieve any Suretyfrom liability on this bond;and conseni is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any-action against the Principal whenever taken. SIGNED AND SEALED on April 18 20 06 . Shea:.Homes Limited Partnership Principal: a. California limited partnership Surety: Arch Insurance Company Address: 2580 Shea Center Drive Address: 135 N. Los Robles'Abenue, #825 _ _—Livermore, CA zip: 94550 Pasadena CA ._ z• : 91101 B : Print Name:":' :` Donald A: Ar OrintName Victoria' M. Cam b h Title: Title. Attorney-in-Fact. Its: Authorized Agent* [Note:All signatures must be acknowledged. For corporations,two officers must sign. The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secret asst tant sect any, hief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)] ^yBy' u" Form Approved by County Counsel Its: uth ized Agent [Rev.9/031 H:1FinaAPMSubAglmpSeeBand.9.03.wpd ' *SD 8900 / PA 0600034 Shelley Galvin STATE OF CALIFORNIA) COUNTY OF ALAMEDA}ss. On April 19,2006 , before me, Laurel Wilson, Notary Public, personally appeared Shelley Galvin and Donald A.Hofer ,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/tom executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. �T L. WILSON v „' V V COMM 4 • NOTARY PUBLIC-CALIF-CALIF ORNIA Signature: UNTY 0 COMM.EXP..MAALAMEDA RCH 4.2008 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 Document Title/Type Improvement Security Bond for Subdivision Agreement Document Date: Number of Pages 1 Signer(s)Other Than Named Above: Arch Insurance Company Capacity(ies) Claimed by Signer(s) Signer's Name: Shelley Galvin&Donald A.Hofer Individual Top of Thumb Here X Corporate Officers- Title(s): Authorized Agent _ Partner: _Limited _General _ Attorney-in-Fact Trustee _ Guardian or Conservator Other: Signer is Representing: Shea Homes Limited Partnership STATE OF CALIFORNIA SS. COUNTY OF ORANGE Ort APRIL 18,2006 before me, MARIA LUISA R.AGUINALDO, NOTARY PUBLIC PERSONALLY APPEARED VICTORIA M.CAMPBELL personally known to me(or proved to me on-the basis of satisfactory evidence)to be the person(s)whose name( is/ =escribed to the within instrum pnt d acknowledged to me that hey executed the same in hi/her eir authorized capacity(ies),and that by hi er heir signature(s)on the instrument the person(s), or the entity upon behalf >� � of which the person(s)acted, executed the instrument. rA MARIA LUISA R.A 7U1NAIM COMM.01406174 c WITNESS my hand and official seal. Q IOTARYMBIX-CAUFOR IIIA ORAD OOl1MY '• My Comm.Exp.Match 18, 2007 Signature This area for Official Notarial Seal 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 BOND TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ARCH INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT In Testimony Whereof, tha Company has ca�;seU thls liIS'Llwanent to be s"gned and its corporate seal to be affixed by their authorized officers, this,17th day of Jan 20 06 Arch Insurance Company Attested and Certified onceCOUORATE C � 3 f v SEALC-D Martin J. Nilsmi ecretary Edward M.Tilwt ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus.and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation orgarnzed and existing under the laws of the State of Missouri,`subscribed to�the foregoing instrument; 'i appeared before me this day in person and severally acknowledged that they being thereunto'duly'authonzed .signed, sealed with the corporate seal and delivered the said instrument as the free voiuntary.act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth' PETER J.CALLEa,ESQ. Notary Public;State`of Now York No.02CA6109336 Qtllified in New York County, Pe r J. Nota ubliC Commission Expires May3,2008My commis expires 5=03=2008 CERTIFICATION I, Martin J. Nilseri;Secretary of the Arch Insurance Company;do hereby certify that the attached Povier.of Attorney dated on behalf of the person(s) as listed above is a true and correct copy-and that the same has been in full .force and.effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus,-who executed,the.Power.of Attorney as Vice President, was on.the date of execution of the attached Power of Attorney the.duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereuntc sulks gibed m .name.and affixed.the corporase I of the Arch Insurance Company on this 18th day of April 20 06 14 t Martin;.J. Nilst , Secretary This Power of Attorney limits the.acts of those named.therein to the bonds and..,undertakings specifically named therein and they have no authority to bind the Company,except in the manner and to the extent herein stated` PLEASE SEND ALL CLAIM INQUIRIES RELAT11 ING TO1.THIS BOND TO THE Z.FOLLOWING.ADDRESS: Arch Contractors,& Developers Group 135 N. Robles.Ave,,Ste.825 Pasadena''CA 91101 g nee C O coapo"T[ .... SEAL .. 197, OOMLOO13 00 03 03 Kissoad Page 2 of 2 Printed in U.S.A. POWER OF ATTORNEY Know All Men By These Presents: That.the Arch Insurance Company„a corporation organized and existing under the laws';`,of the State.of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred.to as the"Company")does"hereby appoint Noemi Quiroz and Michael R. Szot of Los Angeles, CA(EACH) Edward N. Hackett,Victoria M. Campbell and Maria Luisa Aguinaldo of Santa Ana, CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of,any promissory note, check, draft or letter of credit. This.authority does not permit the same obligation to be split roto two or.more bonds in order to bring each such bond within the dollar limit of"authority as set forth herein. . .,. The Company may revoke this-appointment at any time. The execution of`such bonds and undertakings in pursuance of:these;presents "shall be:as binding upon the said Company as fully and amply to all Intents and purposes, as if the."same had"been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas Cit,;.MlSsapq„ _ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the,Company on March,.3, 2003;:true.and,accurate copes of which,are.hereinafter set forth and are,hereby.certified to by the undersigned Secretary as being.in full force and effect:: "VOTED,That the Chairman of the Board, the President, or any Vice President; or their:appointees designated in writing and filed with the Secretary, or the Secretary shall havethe power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances;-contracts of Jndernnity and other writings, obligatory in the nature 'thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the'signature of the Chairman of the Board, the President,'or.any Vice President, or their ;appointees designated in writing and filed with the Secretary,`and the signature of the Secretary,`the seal of the''Company,'and certifications by the Secretary,.may.be affixed.by facsimile on any power of attorney or bond executed pursuant ta.the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed,"sealed and certified with respect to any.bond or undertaking to which it is attached,shall continue to be valid and binding upon.the Company. - OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A.