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HomeMy WebLinkAboutMINUTES - 04172007 - C.6 TO: BOARD OF SUPERVISORS =� —_ s L =� � Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR0 Costa.. , n ; a DATE: April 17, 2007 coCounty srA, ozz`c t SUBJECT: Approve the Road Improvement Agreement for the Bollinger Canyon Road Trail Crossing,Road Acceptance 06-01214(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. 2007/ oZ071" for Road Acceptance 06-01214 (cross-reference Subdivision 03-08508), approving the Road Improvement.Agreement, 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): Road Improvement Agreement RA 06-01214 (cross-reference Subdivision 03-08508) 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: t/ SIGNATURE: v RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Z;-XPPROVE OTHER r SIGNATURES . ACTION OFB A ON 71; APPROVED AS RECOMMENDED OTHER V ow OF SUP [soxS I hereby certify that this is a true and correct., ✓ UNANIMOUS(ABSENT 44»C..- ) copy of an action taken and entered on the: .. AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:vz G:\EngSvc\BO\2007\04-17\BO-15 RA 06-1214.doc a Originator:Public Works(ES) Contact:T.Ric(313-2363) ATTESTED: cc: Public Works- Construction Current Planning,Community Development JOHN CULLEN, Clerk of the Board of T—February 17,2008 Windemere BLC land Company,LLC Supervisors and County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Suite By , Deputy Glendale,CA 91203 Attn:Rhonda C.Abel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 17, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ PZ07 SUBJECT: Approving the Road Improvement Agreement for the Bollinger Canyon Road Trail Crossing,Road Acceptance 06-01214(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 the Bollinger Canyon Road Trail Crossing,Road Acceptance 06-01214(cross-reference Subdivision 03-08508)property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within two years from the date of said agreement.Improvements generally consist ofroad 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: TR:vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\BO\2007\04-17\BO-15 RA 06-1214.doc taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) Contact:T.Rie(313-2363) on the date shown. cc: Public Works- ConstructionCurrend O /� T—Fet PlanFebruary 17,2008 Community Development ATTESTED: /T��/� T—February 17,2008 _� � Windemere BLC Land Company,LLC JOHN CULLEN, Clerk of the Board of Supervisors and 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 County Administrator Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Suite Glendale,CA 91203 By ,Deputy Attn:Rhonda C.Abel RESOLUTION NO.2007/ �� SUBJECT: Approving the Road Improvement Agreement for the Bollinger Canyon Road Trail Crossing, Road Acceptance 06-01214 (cross-reference Subdivision 03- 08508), being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: April 17, 2007 PAGE: 2 I. Cash Bond Performance Amount: $1,700.00 Auditor's Deposit Permit No. DP 468136 Date: July 31, 2006 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08821793 July 25, 2006 Performance Amount: $164,300.00 Labor&Materials Amount: $83,000.00 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. 20071-10? ROAD IMPROVEMENT AGREEMENT f Developer: Windemere BLC/Land Company,LLC Effective Date: -T v� Development: RA 06-01214 1 � 5(��(��i� �'l[ml Completion Period: 2 year Road: Bollint?er Trail Crossing ✓ 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 California,Inc., Managing Member CA B si ature (print name&title)Brian G.Olin,Vice-President LCOLENDED FOR APPROVAL " (signature)_x � /J�PT, By. (pnt name&title)Erik S.Brown,Asst. Engineering Se is Division � Secretary 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 5313 J 1. PARTIES&DATE.Effective on the above date,the Countyof Contra Costa,California,hereinafter called"Coup ,"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans forthis developmentas 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: $ 1.700.00 cash,plus additional security,in the amount of$ 164.300.00 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 Pa3anent: Security in the amount of$ 83 000.00 which is fifty percent(50%)of the estimated cost of thewo& 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 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 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 964.6,"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 by the Public Works Department to be necessary to insure establishment of plants. 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 COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,orpayments,therefor,orany combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;norshall 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. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective 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 liability are any act or omission(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 Indemnitee 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-PERFORMANCE 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 complete and/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 securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terns of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RLAkw 1V'WS4\SHARDATA\GrpDatalEngSvc\rorms\AG WORDWG-24.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ca ss. On before me, D to /� Name and Title of Office (e.g.,"Jane Doe,No Public") personally appeared 8�� 6• r/ �"��f ro lG &/7A//7 Name(s)of Signer(s) 3 personally known to me ❑ 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 [�fshe/they executed the same in _hi&�/their authorized capacity(ies), and that by bis43eOtheir RUTH ELLEN p signatures) on the instrument the person(s), or Convyds*if#f 167MI the entity upon behalf of which the persons) Notary MAC-ClWomia acted, executed the instrument. Contra 0000 Cimmw _ MvComm.Bq* sMov26.201 WITN S hand and official seal. Signature of Notary Public 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(ies) Claimed by Signer Signer's Name: IMPOIN ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association-9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA I' TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 t gani a none (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 3.52 Sale.of Prints 004530 9931 REV 16GO085 42.80 Corner Records 000651 9660 6L088D 80.00 Postage Reimb 004500 2103 SAS 999sas 25.01 PA 02-00007 Agmt Ext 000651 9660 REV 16L076B 250.00 Sub 02-08631 Agmt Ext 250.00 Sub 95-07984 Agmt Ext 250.00 'Sub'02-08686 Agmt Ext 250.00 Sub 02-08682 Agmt Ext I F 250.00 Parker Ave Underground 000662 9752 6R1056 1,000.00 DA02-00012 Ext Agmt 000651 9660 6LO76B - 250.00 RA04-01166 Ext Agmt I F 250.00 Trust Fund 000649 9665 83,958.00 819800 08001 9,200.00 000682 9752 3,600.00 TOTAL $ Acctng: G1202777-G1202778 DEPOSIT 99,659.33 Deposit consists of the following items Records: G1201860-G1201865 COIN and CURRENCY $ 71.33 Eng Svcs: G1201622-G1201650 & G1203001-G1203003 CHECKS, M.O.,ETC. $ 99,588.00 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 Signed: ! Date_/_/_ nMo - ` Signed: �� t%/ 4�,Signed: _ A.r W Tittei EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7- Y/Z A') 1 j s; `' Gr 0649-9665 / 112300: G1201638, $500.00, RS 3116, Record of Survey Review, De Bolt Civil Engineering, 811 San Ramon Valley Rd., Danville, CA 94526 0649-9665 / 112300: 61201647, $6,300.00, Sub 05-09020, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201649, $12,800.00, Sub 05-09021, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61201650, $18,900.00, Sub 05-09023, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1203003, $13,900.00, Sub 05-09022, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201622, $1,000.00, RA 06-01214, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201625, $1,700.00, RA 06-01214, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201646, $1,000.00, Sub 05-09020, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201648, $1,500.00, Sub 05-09021, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE • Bond No.: 08821793 Development: RA 06-01214 Premium $1,643.00 (*V- IMPROVEMEN-r SECURrry BOND FOR ROAD IMPROVEMENT ACREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITnt.OF ROAD 1MPROvEMENT AGREEMENT: The Developer(Principal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 06-01214 to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Windemere BLC Land Coma,�dnv. LLC as Principal and Fidelity and Deposit Company of Maryland ,acorporation orbanized under the laws of the State of Maryland ' and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: One Hundred Sixty E%w Tho 4smd Three Hundred and 00/100 Dollars ($ 164.300.00 )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Eighty Three Thousand and-OO/100 Dollars($ 83.000.00 )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 Section(2.A.)above is such that if the abovebonded 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 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. Bond #08821793 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: �G�i�C-- Brian G. Olin,Vice-President By: Erik S. Brown,Asst. Secretary 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ���� County of 691' OJ ss. On ZBO6l, before me, ASIAV71m ��� z/1_141 411-G Date Name and Title of Offic r(e.g.,"Jane Do otary Public") personally appeared Brim 16. O/ih Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +s/are subscribed to the within instrument and acknowledged to me that ke/she/they executed the same in _hislltief/their authorized capacity(ies), and that by hisf�/their C canwnhdor,RUTH ELLEN 6040P signature(s) on the instrument the person(s), or #1670361 the entity upon behalf of which the person(s) NokuN Pubft-CafifmNa acted, executed the instrument. Cororo Colic Camly MfrCcnrn'Expi�eaMagrZ6'Z01 WITNES my hand and official seal. Signature of Notary Public 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(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACK LEDGMENT No.5907 State of California County of Orange On July 25, 2006 before me, J.Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) ® personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose 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 J. BARRAGAN signature(s) on the instrument the person(s), or the entity upon aCommission# 1635125 behalf of which the person(s) acted, executed the instrument. Z61MY Notary Public-California Orange County Comm.Expires Jan 5,2010 WITNESS my d offi s I. t SIGNATOR F 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 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 Power of Attorney 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.ROGERS,Vice President,and L.L.GOUCHER,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 hereof d s nate,constitute and appoint Rhonda C.ABEL,of Irvine,California, its true and lawful a o -F ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed- s ,and the execution of such bonds or undertakings in pursuance of these pr o m ' pany,as fully and amply,to all intents and purposes,as if they had been c ac gularly elected officers of the Company at its office in Baltimore,Md.,in � opwpers attorney revokes that issued on behalf of Rhonda C. ABEL,dated Septe OZU � The said Assistant c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- a C any,and is now in force. IN WITNESS W OF, 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 19th day of March, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DfPOS�f _ O P W ^D f By: L. L. Goucher Assistant Secretary Paul C. Rogers Vice President State of Maryland1 ss: City of Baltimore f On this 19th day of March, 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 L. L. GOUCHER, 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. 4 Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025C 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 1,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 10th 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 25th day of July 2006 Assistant Secretary