HomeMy WebLinkAboutT-5445 - Cashier Memo - 10/10/2006 City of
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MEMORANDUM-
— 1,/; ✓:
DATE: August 11, 2006 AUG 2 4 2006
TO: Rose Saldivar 1'
Public Works Department �t.n
L�p�ic' 1 ni8nt
FROM: JONATHAN BARTEL
Planning & Development Department, Building and Safety Services Division
SUBJECT: SUBMITTAL OF SECURITIES FOR TRACT NOS. 5445 AND 5446.
ATTACHED PLEASE FIND THE FOLLOWING ITEMS FOR TRACT NOS. 5445 AND 5446.
1. Performance Bond in the amount of$3,670,000.00
2. Payment Bond in the amount of$1,931,500.00
3. Certificate of Deposit in the amount of$193,000.00
4. Certificate of Deposit in the amount of$25,000.00
5. Check in the amount of$409,049.95 (Calif Bank&Trust No. 48179)
6. Copy of the Subdivision Agreement for Tract Nos. 5445 and 5446.
The total charges are more particularly itemized in Exhibit "A"and Exhibit"B"
of the Subdivision Agreement.
If you have any questions please contact me at 621-8076.
Thank Yo
Jonathan Bartel
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Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar - Public Works Department
CD X Passbook Other
Deposited At: Western Financial Bank
Certificate/Acct. No: 2466000053
Deposit Amount: $193,000.00 Maturity Date: 01/27/07
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street City/State Zip
Job Address: Tract 5445 & 5446
Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: A&�rk&mj TkMkS:,& AA,<,y '��C, hereinafter called
ASSIGNOR, whose principal place of business is
Street city State Zap Code
do(does) hereby assign, and set over to the City of Fresno of the State of California, all right,title,
and interest of whatever nature, of assignor, in and to the insured account of assignor in the _
Cd , evidenced by A?MfcAea in the amount of$I number
which is to be delivered to the City of Fresno herewith. Assignor agrees that this
assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance
Corporation,and includes and gives the right to the City of Fresno to redeem, collect, and withdraw
the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This
assignment is given as security for liability for 7AA;r sff Syy�
including interest and penalties, and to insure compliance with the applicable code or ordinances of
the City of Fresno, State of California.
Assignor hereby notifies the above-named Bank of this assignment.
Dated this v day of , 20.6 t'
Name & Tide of Assignor
..:RECEIPT,FOR NOTICE .OF 14SSIGNMEIT
Receipt is hereby acknowledged to the City of Fresno of the.State of California of written
notice of the assignment to the City of the account identified above. We have noted in our records "
the City's interest in the account as shown by the above assignment and have retained a copy of this
sheet. We certify that this account is fully insured bythe Federal Deposit Insurance Corporation and
that we have received no notice of any lien, encumbrance, hold, claim or obligation of the
above-identified account prior to the assignment to the City of Fresno. We agree to make payment
to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to
the institution.
Dated this o? sf day of JUL 20 Q / n
h i n Gin Cclc �.Br�h2�tCc� �YY/✓� C'�
Bank Name Branch Location City State '
By:
me Ti a of Officer
Jt_ .
Y �
Assignment Form
Page 2
Map:
RE_ CE1PT FOR CERTIFICATE OR SHAE�S)._
:AICD ti
=DIRECTION T PAY EARNINGS
Receipt is acknowledged of the above assignment and the Certificate of Share(s)identified
in the above assignment. The bank named in the above assignment is hereby authorized and
directed to pay any earnings on the above-identified account to the above-named assignor until
otherwise noted in writing by the of the City of Fresno.
Dated this day of 20
By
Authorized Officer or Employee
Telephone Number
For any question concerning this assignment
transaction, please call upon the office of the
appropriate officer shown herein.
PAYMENT OAF FUNDS AND RELEASE OF AS
,,r ': .....�: ... -; ,.:' .ie ".:._.. .,._1.-._ * .:ix'• ....:'•'—'••'`f ��?-1'S" rte..: _>� t:n�;-
The City of Fresno hereby requests payment to be made to the City of Fresno in the amount
of$ from withdrawal of funds in that amount from the Deposit Account
identified in the above Assignment. Upon payment of such amount to the City, the City
authorizes to release to Assignor all funds in the Deposit Account in excess of$ and
relinquishes all further right, title and interest of whatever nature in the Deposit Account.
Dated . 20
By
Authorized Officer or Employee
e
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD X Passbook Other
Deposited At: Western Financial Bank
Certificate/Acct. No: 2466000047
Deposit Amount: $25,000.00 Maturity Date: 02/07/07
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street City/State Zip
Job Address: Tract 5445 & 5446
Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
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... . .ASSIGNMENT
(Subdivision Agreement)
SECURITY FOR: /1//�.trN �krvyy} lG� �,�tiC�, LSCC hereinafter called
ASSIGNOR, whose pnnci al place of business is
274\0 Z�AAJ
Street City State Zip Code
do(does) hereby assign, and set over to the City of Fresno of the State of California, all right,tile,
and interest of whatever nature, of assignor, in and to the insured account of assignor in the _
, evidenced by <4 in the amount of$2t el!5,6 number
which is to be delivered to the City of Fresno herewith. Assignor agrees that this
assignment carries with it the right in the insurance of the account by the Federal Deposit Insurance
Corporation,and includes and gives the right to the City of Fresno to redeem,collect, and withdraw
the full amount as indicated above at any time WITHOUT NOTICE TO ASSIGNOR. This
assignment is given as 4ecunty for liability for
MAOT
including interest and 6enalties, and to insure compliance with the applicable code or ordinances of
the City of Fresno, State of Califomia.
Assignor hereby notifies the above-named Bank of this assignment.
Dated this g day of u , 20 d .
Name 8 Title of signor
RECEIPTFOR
NOTICE-OF,-
KL
Receipt is hereby acknowledged to the City of Fresno of the.State of California of written
notice of the assignment to the City of the account identified above. We have noted in our records
the City's interest in the account as shown by the above assignment and have retained a copy of this
sheet. We certify that this account is fully insured by the Federal Deposit Insurance Corporation and
that we have received no notice of any lien, encumbrance, hold, claim or obligation of the
above-identified account prior to the assignment to the City of Fresno. We agree to make payment
to the City of Fresno upon request in accordance with the Commercial Banking laws applicable to
the institution.
Dated this day/ off 2006
O,Z�n
Bank Name Branch Location City State
- �s� C
By. �
m Title of officer
Assignment Form
Page 2
Map:
RECEIPT FUR CERTIFICATE QR SHARE(Sj^P
sera. 6-1- 4? 4r .
7 _ 1 AND` -
rt
}
_ DIREOTION TO PAY EARNINGS . _._..::.
Receipt is acknowledged of the above assignment and the Certificate of Share(s)identified
in the above assignment. The bank named in the above assignment is hereby authorized and
directed to pay any earnings on the above-identified account to the above-named assignor until
otherwise notified in writing by the of the City of Fresno.
Dated this day of , 20
By
Authorized Officer or Employee
Telephone Number
For any question concerning this assignment
transaction, please calf upon the office of the
appropriate officer shown herein.
PAYMENT aF FUNDS AND RELEASE OF,ASSIGNMENT r
r T;.
The City of Fresno hereby requests payment to be made to the City of Fresno in the amount
of$ from withdrawal of funds in that amount from the Deposit Account
identified in the above Assignment. Upon payment of such amount to the City, the City
authorizes to release to Assignor all funds in the Deposit Account in excess of$ and
relinquishes all further right, title and interest of whatever nature in the Deposit Account.
Dated , 20
By
Authorized Officer or Employee
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Performance Bond
Deposited At: Insurance Company of the West
Certificate/Acct. No: 218 73 92
Deposit Amount: $3,670,000.00 Maturity Date:
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street City/State Zip
Job Address: Tract 5445 & 5446
Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
,P NA CE"US
A�,dcepte"d:1441;
Name;' Datw
k
Re"seda!'By:
Of RelBese: Maited Hai.DeNVere�
.,
D r
I3at
F i
cwoi t e
y $ ;
h rd
i
Caimments:
� 1
Bond No: 21.8 73 92
SUBDIVISION IMPROVEMENT Premium: $31,860.00
PERFORMANCE BOND
Whereas, the City Council of the City of Fresno, State of California, and
McMillin Sunnyside Ranch, LLC ("principal's)
will be entering into an agreement whereby principal agrees to install and complete certain
designated public improvements, which said agreement, identified as Subdivision Agreement
for the Final Map of Tract No. 5445, 5446 , is hereby referred to and made a part hereof; and
Whereas, principal is required under the terms of said agreement to furnish a bond for the
faithful performance of said agreement.
Now, therefore, we, the principal and Insurance Company of the west ,
as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of
* dollars ($ 3,670,000.00 ) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by
these presents.
The condition of this obligation 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, conditions 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 City, 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 a 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 City in successfully enforcing such obligation, all to be taxed as
costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on July 7 , 20 06 .
*three million six hundred seventy thousand and no/100
Principal: McMillin Sunnyside Ranch, LLC
By:
**SEE ATTACHED SIGNATURE PAGE**
(Principal)
Surety: Insurance Company of the west:
By: **SEE ATTACHED SIGNATURE PAGE**-
(Surety)
Signature Block for Bond Number 218 73 92 to be attached to and
become a part of:
McMILLIN SUNNYSIDE RANCH, LLC
a Delaware Limited Liability Company
By: McMillin Management Services, LP
a California Limited Partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
a California Corporation
Its: General Partner
By:
Its:
By:
Its: 1s
INSURANCE COMPANY OF THE WEST
By: - �L
Anne Wn*gIV, Attorney-in-Fact
Insurance Company of the West
11455 El Camino Real
San Diego, Ca. 92130
STATE OF CALIFORNIA }ss. ?
COUNTY OF SAN DIEGO
On July 7, 2006 before me, Ann M. Futo, Notary Public personally appeared Joe W. Shielly and
Don Mitchell, personally known to me (9F pFeved te me OR the basis ef satisfaGtWy evideFlGee) to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that hels#e/they executed the same in h0,A:ie;/their authorized capacity(ies), and that by
4W44ef/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.
Signature <
ANN M.FUTO
Commission# 1546838
((
Notary Public-California
IL-4San Diego County
My Comm.Expires Jan 23.2
This area for official notarial seal
Notary Form-2 McMillin Companies
No. 0001409
ICW GROUP
Power of Attorney
Insurance Company of the West
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,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, 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
SIOUX MUNYON,ANNE WRIGHT,LAURA NL EHRLICH'
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereot;,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005.
corrurro� No
p�n� o� INSURANCE COMPANY OF THE WEST
a 1 EXPLORER INSURANCE COMPANY
o „SEAL . 3 a_ INDEPENDENCE CASUALTY AND SURETY
+.+d► 'r, .°'a9 a COMPANY
�uroiew► �ROMNU ,'r � � ��
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
} ss.
County of San Diego
On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,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.
FRA"M,FAFAUL.
#14 794.
M�Y�CC�onnetlwin� MM
F1:9MARY 23,
Francis Fafaul;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,maybe 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'.
I,the undersigned,Assistant Secretary of Insurance Company;of the West,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 aboveresolutions were duly adopted bythe-
respective Boards of Directors,of the Companies,and are now in force:
IN WITNESS WHEREOF,I have set my hand this 7th day of July 2006.
{
Jeffrey D'Sweeney,AssistantSecretary
To verify the authenticity of;,this,Power ofAttomeyyowmay call.4-500-877-111.1 and ask foctheSuretyDivision: Please refer,to the:Power,-of AttomeyNumber;.
the above named individual(s)and details of the bond to which the power,is attached. For information,orfiling claims;pleawacontact Surety,Claims,ICW Group;.,
11455 El Camino Real,San Diego,CAs92130-2045`orcall(858)350-2400.
ACKNOWLEDGMENT
State of California
County of San Diego
on July 7, 2006 before me, N.I. Trusso Notary Public
(here insert name and title of the officer)
personally appeared Anne Wright
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.
N. I. TRUSSO
�. COMM.#1610260
y NOTARY PUBLIC •CALIFORNIA
Sinature SAN DIEGO COUNTY
g Commission Expires Oct.26,2009
(Seal)
Finance Control No.
City of Fresno
Security Deposit Form
To: Finance Department - Accounting Division
From: Rose Saldivar- Public Works Department
CD Passbook Other Subdivision Improvement Payment Bond
Deposited At: Insurance Company of the West
Certificate/Acct. No: 218 73 92
Deposit Amount: $1,931,500.00 Maturity Date:
Depositor: Name: McMillin Sunnyside Ranch, LLC
Address: PO Box 85104 San Diego, CA 92186-5104
Street City/State Zip
Job Address: Tract 5445 & 5446
Received By: Rose Saldivar, Public Works Engineering Date: 8/14/06
Authorization to Release
Signature Date
Release To: Name:
Address:
Street City/State Zip
FIl�IANC.E
R ' ed;B
Name. Date
Released B ;
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+ 4,Rel s`q'.- tvlaltet Hir be er�rt
t'at
{ ��de�r���ctak�®u�refer�ced �slmenil ,.
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Bond No.: 218 73 92
Premium: Included in
Performance Bond
SUBDIVISION IMPROVEMENT
PAYMENT BOND
Whereas, the City Council of the City of Fresno, State of California, and
McMillin Sunnyside Ranch, LLC ("principal")
have entered or will be entering into an agreement whereby the principal agrees to install and
complete certain designated public improvements, which agreement, identified as Subdivision
Agreement for the Final Map of Tract No. 5445, 5446 , is hereby referred to and made a
part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of
Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and Insurance Company of the west
as corporate surety, are held firmly bound unto the City and all contractors, subcontractors,
laborers, materialmen, and other persons employed in the performance of the agreement and
referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code
in the sum of one million nine hundred thirty one thousand five hundred & no/100 dollars
($ 1,931,500.00 ), 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, 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 City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment 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
(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.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the agreement or the specifications accompanying the same shall in
any manner affect its obligations on this bond, and it does hereby waive notice of any such
change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on July 7 -120 06
Principal: McMillin Sunnyside Ranch, LLC
By: **SEE ATTACHED SIGNATURE PAGE**
(Principal)
Surety: Insurance Company of the West
**SEE ATTACHED SIGNATURE PAGE**'
M-.11
4P- .
Signature Block for Bond Number 218 73 92 to be attached to and
become a part of:
McMILLIN SUNNYSIDE RANCH, LLC
a Delaware Limited Liability Company
By: McMillin Management Services, LP
a California Limited Partnership
Its: Manager
By: Corky McMillin Construction Services, Inc
a California Corporation
Its: General Partner
By:
n
Its:
By:
Its: /S 7—
INSURANCE
INSURANCE COMPANY OF THE WEST
By: - �L
Anne Wright, Attorney-in-Fact
Insurance Company of the West
11455 El Camino Real
San Diego, Ca. 92130
SZ �
(y
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On July 7, 2006 before me, Ann M. Futo, Notary Public personally appeared Joe W. Shielly and
Don Mitchell, personally known to me ( ) to
be the person(s) whose name(s) +s/are subscribed to the within instrument and acknowledged to '<
me that 4eishe/they executed the same in W44ef/their authorized capacity(ies), and that by
>< k i their signature(s) on the instrument the person(s), or the entity upon behalf of which the zs
person(s) acted, executed the instrument
WITNESS my hand and official seal.
4+Signature ��-V�—K '
ANN M. FUTO
Commission# 1546838
-w Notary Public-California
San Diego County
My Comm.Expires Jan 23,2009
This area for official notarial seal
1
Notary Form-2 McMillin Companies
*'
No. 0001409
ICW GROUP
Power of Attorney
Insurance Company of the West
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,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, 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
SIOUX MUNYON,ANNE WRIGHT,LAURA M.EHRLICH
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
In witness whereof the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005.
� ���o�cF tj' ,�G INSURANCE COMPANY OF THE WEST
, Au-" � - v ���C F , x EXPLORER INSURANCE COMPANY
SEAL:a , K INDEPENDENCE CASUALTY AND SURETY
�"a+�•+� '�. .° a ° a S COMPANY
Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President
State of California
}
County of San Diego ss.
On November 1,2005,before me,Francis Fafaul,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,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.
FRAmM�rW1Y��M
*1AU
�,•-'" ' sew �..
M�Come 23�� '
FEB�u Francis Fafaul,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 appointmerrt,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
I,the undersigned,Assistant Secretary of Insurance Company of.the West,Explorer Insurance.Company,and:Independence Casualty and Surety Company,do
hereby certify that the foregoing Tower of Attomey is in M 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 seamy hand this 7th day of July 2006
JeffreyD.Sweeney,AssistantSecretacy,
To verify the authenticity of-this Power of Attorney you may call 1-800-877=1111and ask for the rSurety:Division. Please:referto:the^Power•of Attorney Number;
the abovenamed individual(s)and details of the bond.to which the,power is attached..For information or filing claims,please contact Surety Claims;ICW+Group;
11455 El Camino Real,San Diego,CA92130-2045 on-call"(858)350-2400.
ACKNOWLEDGMENT
State of California
County Of San Diego
On July 7, 2006 before me, N.I. Trusso Notary Public
(here insert name and title of the officer)
personally appeared Anne Wright
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.
N. I. TRUSS(
COMM.#1610260
H NOTARY PUBLIC •CALIFORNIA o
Signature SAN DIEGO COUNTY
Commission Expires Oct.28,2009
(Seal)