HomeMy WebLinkAboutMINUTES - 05222007 - C.5 V S1% L
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TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR ni s Costa C
DATE: May 22, 2007 ;°os., c�"`
rA ------ County
SUBJECT: Accept Completion of Improvements, approving Improvement Warranty Agreement for
Development Plan 02-03053, and declaring Goodrick Avenue widening as a County road, for
project being developed by Thomas-Swan Sign Co., Inc., North Richmond area. (District I)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 20071477 for Development Plan 02-03053, accepting Completion of Improvements,
approving Improvement Warranty Agreement, and declaring Goodrick Avenue widening as a County road, for
project being developed by Thomas-Swan Sign Co., Inc., North Richmond area. (District 1)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Improvements required by Conditions of Approval for Development Plan 02-03053 have been completed.
CONSEQUENCES OF NEGATIVE ACTION:
The Improvement Warranty Agreement will not be recorded.
Continued on Attachment: i/ SIGNATURE: Z/
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE THER
r
SIGNATURES
ACTION OF BOA D N APPROVED AS RECOMMENDED OTHER
v�OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date Shown.
KD:vz
G:\EngSvc\B0\2007\05-22\B0-42 DP 02-3053.doc
Originator:Public Works(ES)
Contact: S.Gospodchikov(313-2316) - � '
Tax I.D.94-1476188 ATTESTED: cz i
cc: Public Works -Accounting
-Construction JOHN CULLEN, Jerk of the Board of
-Maintenance(w/Plat)
-T-March 22,2008 Supervisors and County Administrator
CSAA-Cartog
CHP,c/o At
Sheriff-Patrol Div.Commander
Thomas-Swan Sign Co.,Inc. I
1117 Howard Street By , Deputy
San Francisco,CA 94103
Attn:Michel Roberts
Fidelity and Deposit Company of Maryland
560 Mission Street,Suite 2400
San Francisco,CA 94105
Attn Christopher J.Buckley
5 , j
Recorded at the request of: CONTRA COSTA Co Recorder ut t ice
Contra Costa County '
STEPHEN L, WEIR Clerk-Recorder
Public Works Department DOC— 2 `7-0'11 L5 1 q qi G7 Q���
Engineering Services Division Wednesday, MAY 23
Return to: , 2007 10:52:05
Public Works Department FRE
Engineering Services Division Tt l Pd Nbr-0003711661
lrc/R9/1-16
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 22, 2007 by the following vote:
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AYES: Gioia,Uilkema, Bonilla,
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ o2��
SUBJECT: Accepting Completion of Improvements, approving Improvement Warranty
Agreement for Development Plan 02-03053, and declaring Go.odrick Avenue
widening as a County road, for project being developed by Thomas-Swan Sign Co.,
Inc., North Richmond area. (District I)
The Public Works Director having notified this Board that the improvements for
Development Plan 02-03053 have been completed by Thomas-Swan Sign Co.,Inc.without the need
for an Improvement Agreement;
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of May 22, 2007.
KD:vz I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2007\05-22\BO-42 DP 02-3053.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316) Supervisors on the date shown.
Recording to be completed by Clerk of the Board
Tax I.D.94-1476188
cc: Public Works -Accounting
-Construction AT'T'ESTED: � 02� oe"7
-Maintenance(w/Plat)
-T-March 22,2008 JOHN CULLEN, CVrk of the Board of Supervisors and
CSAA-Cartog County Administrator
CHP,c/o Al
Sheriff-Patrol Div.Commander
Thomas-Swan Sign Co.,Inc. By , Deputy
1117 Howard Street
San Francisco,CA 94103 �
Attn:Michel Roberts
Fidelity and Deposit Company of Maryland
560 Mission Street,Suite 2400 j
San Francisco,CA 94105
Attn:Christopher J.Buckley n �
RESOLUTION NO.2007/ O'er
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SUBJECT: Accepting Completion of Improvements, approving Improvement Warranty
Agreement for Development Plan 02-03053, and declaring Goodrick Avenue
widening as a County road, for project being developed by Thomas-Swan Sign Co.,
Inc., North Richmond area. (District I)
DATE: May 22, 2007
PAGE: 2
BE IT FURTHER RESOLVED that the widening of Goodrick Avenue is ACCEPTED and
DECLARED to be a County road;the right of way was conveyed by separate instrument,recorded
on July 2, 1976, in Book 7927 of Official Records on page 160.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the following document is being presented for Board approval to guarantee
improvement warranty for Goodrick Avenue widening.
An Agreement for Improvement Warranty with Thomas-Swan Sign Co., Inc., principal,
whereby said principal agrees to warrant all improvements,as required in said improvement warranty
agreement, for one year from the date of said agreement. Improvements generally consist of
pavement widening and necessary longitudinal and transverse drainage.
Said document was accompanied by security to guarantee the warranty of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I. Cash Bond
Performance Amount: $1,000.00
Auditor's Deposit Permit No. DP 481498 Date: April 12, 2007
Submitted by: Thomas-Swan Sign Co., Inc.
Taxpayer identification number: 941476188
H. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 8533469 April 9, 2007
Performance Amount: $19,000:00
Labor&Materials Amount: $i0,000.00
Principal: Thomas-Swan Sign Co., Inc.
NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
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RESOLUTION NO. 2007/_a V�
AGREEMENT
FOR
IMPROVEMENT WARRANTY
(After Construction is Complete)
(Government Code § 66462 and § 66463) 1)f
def DP 02-3053 Effective Date: Mdef 221 2007
Developef -7� 3J2)ioao1 LD�r�kl Warranty Period: I year
Deposits:
A. (cash) $ 1,000.00
B. (bonds, etc.)
1. (faithful performance &maintenance) $ 19,000.00
2. (payment)$ 10,000.00
1. PARTIES & DATE. Effective on the above date,the County of Contra Costa, California, hereinafter called "County,"
and the above-named Developer, mutually promise and agree as follows concerning this development:
2. IMPROVEMENT WARRANTY. Developer warrants that the road and street improvements, tract drainage, street
signs, and all other public improvements were constructed, installed and completed in this development in a manner equal or
superior to the requirements of the county Ordinance Code,Title 9.
J. GUARANTEE & MAINTENANCE. Developer guarantees that the aforesaid development improvements are and will
be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain the
improvements for one-year after the date of this agreement against any defective workmanship or materials or any
unsatisfactory performance.
4. IMPROVEMENT SECURITY: DEPOSIT & BONDS. Upon executing this agreement, Developer shall deposit as
security with the County:
A. Cash: $1,000 cash or 1%of the estimated cost of the improvements, whichever is more; together with
B. Bond, etc.: $19,000.00 (Faithful performance) additional security totaling 15% of the cost of the
estimated improvements less the cash deposit in the form of a cash deposit, acceptable instrument of credit, or an
acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work
for one-year after the date of this agreement against any defective workmanship or materials or any unsatisfactory
performance; plus $10,000.00 (payment for labor and materials) another such additional security in at least the above-
specified amount, which is 50% of the estimated cost of the aforementioned improvements, securing payment to the
contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the
Developer. Said payment bond to become null and void six months after the completion of improvements.
5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part
thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements and/or
materials, or payments therefor, or any combination or all of these acts, shall not relieve the Developer of his obligation to
fulfill this agreement as prescribed; nor shall the County be thereby be stopped from bringing any action for damages arising
from the failure to comply with any of the terms and conditions hereof.
6. INDEMNITY. Developer shall hold harmless and indemnify the indemnities from the liabilities as defined in this
section:
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A. The indemnities benefited and protected by this promise are the County, and its special districts, elective and
appointive boards,commissions, officers, agents, and employees;
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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 accepted the improvements as completed, and including the defense of any
suit(s), actions(s), of other proceedings(s) concerning these;
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 Indemnity has prepared, supplied, or approved any plan(s) or specifications(s) in connection with the
improvements or development, or has insurance or other indemnification covering any of these matters.
7. COSTS. Developer shall pay or have paid when due all the costs of the work, including inspection thereof and
relocating existing utilities required thereby.
8. NONPERFORMANCE AND COSTS. If Developer fails to maintain the work and improvements during the time
specified in this agreement, County pay proceed to maintain them by contract or otherwise, and Developer shall pay the costs
and charges therefore immediately upon demand. If County sues to compel performance of this agreement or recover
engineering costs and the cost of maintaining the improvements, Developer shall pay all reasonable attorneys' fees, costs of
suit,and all other expenses of litigation incurred by County in connection therewith.
9. ASSIGNMENT. If before the completion of the maintenance period the development is annexed to a city, the County
may assign to that city the County's rights under this agreement and any deposit or bond securing them.
10. LABOR & MATERIALS WARRANTY. Developer further warrants that the claims and liens of all persons,
contractors, and subcontractors furnishing labor or materials for the installation of said improvements in the development have
been satisfied. The Developer agree to satisfy any valid claims or liens of labor and materialmen as to the said improvements
and development appearing hereafter upon demand by the County.
CONTRA COSTA COUNTY: DEVELOPER ���Cx�s 4 (L) -
Maurice M. Shiu, Public Works Director
�Q ��.` �
By: �� W � � (yisnawre)
(print n title)
RECOMMEND F R APPROVAL: YY��U�Cxe� 5 't I Q
By: � � I (signature)
(print name&tide)
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FORM APPROVED: Victor J. Westman County Counsel
(NOTE: All signatures to be acknowledged. If Developer is incorporated,signatures
must conform to the designated representative groups pursuant to Corporations Code
S313.)
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G:\EngSvc\FonmMG WORD\AG-33A Impr.Agmt for Warranty.doc
Rev.April 6,2000
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ALL-PURPOSE ACKNOWLEDGEMENT
State of California
SS.
County of San Francisco J)
On Y , 7 befor@me, William H. Travis, Jr.
(D4WF.) (NOTARY)
personally appeared C N 41L cr-T 6--
SIGNER(S)
❑ personally known tome - OR - P<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
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
--� person(s) acted, executed the instrument.
� WILLIAM H.TRAVIS J�.
Comm.#1441922
f .-�.... . NOTARY PUBLIC-CALIFORNIA
b< ` C)ty S Cowry of Sun Francisco
Mvccmm.E,P;,e,00i,belts,zoel WITNESS my hand and official seal.
liti
NOTARY'S S N TURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL 4
❑ CORPORATE OFFICER
u
4E OR TYPE OF DOCUMENT
nn.E(S)
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
Id t
❑ GUARDIAN/CONSERVATOR
AT OF DOCUMENT
❑ OTHER:
OTHER
e
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SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSON(S)OR ENTITY(IES)
OF E
SIGNER
a
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APA 5)99 VALLEY-SIERRA, 800.362-3369
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: -)
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
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(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT.
Sales Tax 160300 6637 35:04
Sale of Prints 004530 9931 REV 6GO085 126:26
Sale of Prints GA0026 56:75
Sale of Plans & Specs 004500 GA0196 270:88'
SU05-00007 .BA 29996 003520 9660 5B027A 57.98
TP06=00066":BA33998 .. : . , . „ . . Y.: . 6B051X 119.1.1
MS 06-06027 BA 30380 6B0034 40X,3
000651 6L0069 42685-
MS:O6=00045; BA 31249. 003520. 15B0034 36832;<
000651 6L-0034 361.76,,
MS 05-00051 BA 31487 003520 5B0034 1,222,85
LP96-02086 BA 10239 5B027A 100.00 .
MS139-0008 BA 14522 000651 11 GL0073 99.1.0
Trust Fund 000649 96661__ 500:00
819800 0 o'o
800 2,000:00,
Explanation: TOTAL $
RecordsfG1219480-G121495 DEPOSIT 5,785:47
Acctng: (31221412-G1221421 Deposit consists of the following itemo,.
Eng SvcsG1221614-G1221625 COIN and CURRENCY $ 136:48
k
Invoices:912713,912719, 912726 BA'S 29996,33998,30380, 31249,31487, CHECKS,M.O., ETC. g ' 5;648:99
10239, 14522 BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER drr f4 ax yM
DATE
ASSIGNED
The amount at money described above is for - Treasurer's receipt of above amount is Receipt of above amount is'hereby acknowledged.
deposit into the County Treasury \
Sign f �a (%vn yf,ti D2`te i,1 -.x./
% d ti yi f
tr' Signed: \, �\ .. toned: t
Title: Acct.Cik.Adv EXT.3-2344 Deputy couAty!ud(tor Depuycounty Treasurer
D-34-Rev. 7-9 ) .•4, ``w.
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0649-9665 / 112300: G1221622, $500.00, RS3186, Record of Survey Review, Triad?
Holmes Associates, 777 Woodside Rd., Ste A, Redwood City; CA 94061
819800-0800: G1221623, $1,000.00, DP02-3053, Cash Bond, Thomas Swan Sign Co.,
1117 Howard St., San Francisci, CA 94103
819800-0800: G1221624, $1,000.00, SD03-8811, Cash Bond, Christine Lee, 5654
Mission St., San Francisco, CA 94112
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T H O M A S S W A N
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CERTIFIED COPY OF RESOLUTION
I, the undersigned, do certify that:
1 , 1 am the duly qualified and acting Attorney for THOMAS-SWAN SIGN
COMPANY, a California corporation.
2. The following is a true copy of the resolution adopted by the Unanimous
Written Consent of the Directors of such Corporation without a meeting.
The resolution has not been modified and is now in full force and effect:
RESOLVED, That 'Michael Roberts is authorized.to sign on behalf of
THOMAS-SWAN SIGN COMPANY any and all documents for the
construction and development of the business property commonly known as
2717 Goodrick Avenue, Richmond, CA.
Executed at San Francisco, California, on April 17, 2007.
P .. .mm. ._........ ..................—
en4neth A. Gran erg
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THOMAS-SWAN 516N CO.,!NC. 1717 HOWARD STREET, $AN FRANCISCO, CA 94103. A15.521.75.i; FAX 415.621 0461. L!(J. NO. 2Eic 6�
Tnomasswanitnswanlitrhdresol4-17-07.doc TOTAL '.001
TRT PROPERTIES, LLC
1117 Howard Street
San Francisco, CA 94103
TC: 415-621-1511
FX: 415-621-0481
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CERTIFIED COPY OF RESOLUTION
I, the undersigned, do certify that:
1 . I am the duly qualified and acting Attorney for TRT PROPERTIES, LLC, a
California limited liability company.
2. The following is a true copy of the resolution adopted by the Unanimous
Written Consent of the Members of such Limited Liability Company without
a meeting. The resolution has not been modified and is now in full force and
effect:
RESOLVED, That Michael Roberts is authorized to sign on behalf of TRT
Properties, LLC any and all documents for the construction and development of
the business property commonly known as 2717 Goodrick Avenue, Richmond,
CA.
Executed at San Francisco, California, on April 17, 2007.
/'Z
Z Kenneth A. Grafiberg
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Thortrxs>waniniresolu�kH1-I-12-(J'.ri
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Bond No.: 8533469
Development: DP 02-3053
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Premium: $380.00 - 1 year
IMPROVEMENT S.ECURrrY BOND
FOR ROAD IMPROvk:MENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499- 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along Goodrick Avenue to complete said work within the time specified for
completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings.
2. 013LICATION: Thomas-Swan Sign Co. , Inc. ,asPrincipal and
Fidelit 4
and Deposit Compffr65rporation organized under the laws of the State of Maryland
grid au onzed to transact surety business in California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows,
A. Performance: Nineteen Thousand Dollars($ 19.000.00 )for itself or any city assignee
under the above County Road Improvement Agreement, plus
B. Payment: Ten Tbousand Dollars($ 10.000.00 )to secure the claims to whiehreference 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 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 thereofmade 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,othcrwisc it shall be and remain in full force and effect.
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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.
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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,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 15(commenc,-ing 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 Surety 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 April 9, 2007
Fidelity and Deposit Company
PRINCIPAL' Thomas-Swan Sign Co. , Inc. SURETY: of Maryland
Address: 1117 Howard Street Address: 560 Mission Street, Suite 2400
City: San Francisco, Ca 94103 City: San Francisco Ca. 94105
By: By: 1i,r�✓ 2� s
Print Name: Michael Roberts Print Name: Christopher J. Buckley
Title: Title: Attomcy-in-Fact
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GAG.rp ta\Cnr8yq\Fom. 1N WUkn1NN-9.dpe
o���-•mu+ry 2G,2001
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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 M. P. HAMMOND,Vice President,and ERIC D. BARNES,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- 4 nate,constitute and
appoint Christopher J.BUCKLEY,of San Francisco,California, its nt orney-in-Fact,to make,
execute, seal and deliver;for, and on its behalf as surety, and a d undertakings,and
the execution of such bonds or undertakings in purs ent g upon said Company,as fully
and amply, to all intents and purposes,a u eco tit wledged by the regularly elected officers
of the Company at its office in n o ns.
The said Assistant r� e§-hem ��t tract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- w s p 45 f ow in force..
IN WITNESS W he said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corpora Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of
December,A.D.2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'�� DEPOS/r
ra c
W
4.�.nar. •U• // .
By:
Eric D.Barnes Assistant Secretary M. P. Hammond Vice President
State of Maryland1 ss:
City of Baltimore f
On this 15th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and ERIC D. BARNES, 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.
` �" ♦IY
Constance A. Dunn Notary Public
My Commission Expires: July 14,2007
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POS-= 016-R
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attomey-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 9th day of April 2007
Assistant Secretary
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of
Califomia
County of San Francisco
On 4-9-07 before me, Florence W. Chan Notary Public,
personally appeared Christopher J.Buckley,Attorney-in-Fact
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
names(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 signatures(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed
the instrument.
FLORENCE W. CHAN
r COMM. #1512661 'v
m NOTARY PUBLIC-CALIFORNIA p
®. SAN FRANCISCO COUNTY r WITNESS my hand and official seal.
My Comm.Expires Sept. 18,2008
GEN90000CA0401f
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SAN FRANCISCO } ss.
On April 12, 2007 before me, Mario E. Martinez (Notary Public) personally appeared
Michael Roberts,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 behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. WIFE.-RU!TI
KZ
CRT
COMM. #15718,82 ; z
Notary Public•California o
Z San Francisco County
Signature i comm.Expires P.22,2009
(N A S L
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
prevent fraudulent attachment of this certificate to another
document.
THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type
THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document
Signer(s) Other Than Named Above
DDCUMENT WIOVIDED BY BfEWART TRLE OF CALfOBNlq k1C. NOTABYI.DOC