HomeMy WebLinkAbout20072154.tiff RESOLUTION
RE: APPROVE OFF-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS(COUNTY ROAD 9.5),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1078 - CARMA BAYSHORE LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 6, 2006, the Weld County Board of Commissioners approved
a Planned Unit Development Final Plan, PF#1078,for Carma Bayshore, LLC, 188 Inverness Drive
West, Suite 150, Englewood, Colorado 80112, for St. Vrain Lakes, Filing 1, for 542 lots with R-1
(Low Density Residential)Zone uses; 409 lots for Townhomes with R-2 (Duplex Residential) and
R-3 (Medium Density Residential)Zone uses; C-1 (Neighborhood Commercial) and C-2 (General
Commercial)Zone uses; and continuing Oil and Gas Production uses, along with 230.02 acres of
open space consisting of a river corridor, private recreational lakes, and community parks, on the
following described real estate, to-wit:
Part of Sections 35 and 36,Township 3 North, Range
68 West of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Off-site Improvements Agreement According to Policy Regarding Collateral for Improvements
(County Road 9.5) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Carma Bayshore, LLC, with terms and conditions
being as stated in said agreement, and
WHEREAS,the Board has been presented with Subdivison Bond 220 9610 from Insurance
Company of the West, 11455 El Camino Real, San Diego, California 92130-2045, in the amount
of $1,353,674.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivison Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Off-site Improvements Agreement According to Policy Regarding
Collateral for Improvements (County Road 9.5) between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Carma Bayshore, LLC,
be, and hereby is, approved.
2007-2154
PL1815
IMPROVEMENTS AGREEMENT-CARMA BAYSHORE LLC
PAGE 2
BE IT FURTHER RESOLVED that Subdivison Bond 220 9610 from Insurance Company
of the West, 11455 El Camino Real, San Diego, California 92130-2045, in the amount of
$1,353,674.00, be and hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
dad/ WE COU TY,(COLORADO
ATTEST: d6n .'.."`7 � // J J e. err
David E. Long, Chair
Weld County Clerk to th'Ba
�., William Je e, Pro-Tem
BY:
Deputy Cle to the Bo�'��1IT
Willi a
APPR AS TO •
obert D. Masden
I unty Attorney C0.S ."'^
Douglas Rademacher
gS/6-7
Date of signature:
2007-2154
PL1815
a
MEMORANDUM
VI ID
C.
TO: Clerk to the Board DATE: July 24, 2007
COLORADO FROM: Dave Bauer, Public Works
SUBJECT: Agenda Item
Please submit as an agenda item.
Enclosed are:
Offsite Improvements Agreement According to Policy Regarding Collateral for Improvements
to WCR 9.5(South one-half)with Subdivision Bond from Carma Bayshore,L1C as Principal,
and Insurance Company of the West for the eastern two lanes improvement plans
M:\Francie\Agenda Item.doc
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2007-2154
221
OFFSITE IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(WELD COUNTY ROAD 9.5)
THIS AGREEMENT, made and entered into this_tirvL day of (County
2017 by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,"and Carma Bayshore, LLC hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
A PARCEL OF LAND LOCATED IN SECTION 35 AND SECTION 36,TOWNSHIP 3 NORTH,RANGE
68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
WHEREAS, a Construction Plan for the said property, to be known as
St. Vrain Metro District-WCR 9.5 Eastern Two Lanes Improvement Plans has been submitted to the County
for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Construction Plan shall be approved by the County until the
Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public
improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit
Development Final Plat, or Final Construction Plan, which improvements, along with a time schedule for
completion, are listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Final Construction Plan changes listed on
Exhibit "A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles,estimates,construction supervision, and the submission
of necessary documents to the County.
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2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Construction
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference,according to the construction schedule set out in Exhibit"B"which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards. those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit "B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit"B"upon application by the
Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit, action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
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5.0 General Requirements for Collateral:
5.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Construction Plan approval, the applicant shall submit said
collateral to be utilized to secure the improvements subject to final approval by the
Board of County Commissioners and the execution of this Agreement. The
improvements shall be completed within one (1) year after the Construction Plan
approval (not one year after acceptable collateral is submitted) unless the
applicant(s)requests that this Agreement be renewed at least thirty(30)days prior to
its expiration and further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount of One-Hundred
percent (100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
5.2 The applicant intends to develop in accordance with Exhibits"A" and "B."
6.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
6.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
6.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits "A" and "B."
6.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
6.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
6.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
6.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
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6.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%), or one year from the date of Construction Plan
approval,whichever occurs first. Said letter shall stipulate that,in any event,
the Letter of Credit shall remain in full force and effect until after the Board
has received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
6.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
6.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
6.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
6.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
6.2.4 A building permit hold shall be placed on the encumbered property.
6.3 Escrow Agreement that provides at least the following:
6.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the
amount specified in the Improvements Agreement.
6.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
6.3.3 The escrow agent will be a Federal or State-licensed bank or financial
institution.
6.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
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6.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%) of the value of
the improvements as specified in the Improvements Agreement.
6.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
7.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following:
7.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
7.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
7.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
7.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
7.5 The requirements in paragraphs 7.0 thru 7.4 shall be noted on the Construction plans.
7.6 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the improvements by the County, the applicant(s)
may request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
7.7 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent (15%) of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
7.8 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
8.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant, and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT ` n2 /_
APPLICANT: /C
TITLE: _,,7na/ rave 499/720174 y' 1iycc
Subscribed and sworn to before me this el dayof —, 20C7
L _)My Commission expires: t,� .... ..
4 .30 _ „2O, 0 Notary Public
CAROLE
N.0DDERO o
FOF COL ,
%
ATTEST: Ad/A' a ,emir � � %BOARD OF COUNTY COMMISSIONERS
%(/t/ , - /� 'C. L OUNTY, COLORADO
� 4k �� ,
Weld County Clerk to the Board I tit - r••
-�il1i‘• O
i David E. Long , Chair
BY: �Qi� i/ �� 07/ /2007
De y Cle o the Board__________:),-T2
�� ��
APPROVED AS TO FORM: "Th-----
ount Attorney
111111111111111111111111 III 111111 IIIN III 11111 Illi III
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Page 6 of 10
EXHIBIT"A"
Name of Subdivision
or Planned Unit Development: St. Vrain Lakes
Filing: No. I
Location: A Part of Sections 35 & 36, Township 3 North, Range 68 West, of the Sixth Principal Meridian
County of Weld, State of Colorado
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Offsite Improvements-WCR 9.5 -East half Quantity Units Unit Costs Estimated
Section Construction Cost
Site grading
Erosion &sedimentation control 1 LS $23,025 $23,025
Street grading
Street base (14 inches base course) 389,620 SY-IN $0.58 $225,979
Street paving(8 inches asphalt) 222,640 SY-IN $2.54 $565,505
Curbs,gutters, and culverts 12,400 LF $8.52 $105,625
Sidewalk 52,000 SF $2.00 $104,000
Storm sewer facilities 1 LS $203,330 $203,330
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes 5 EA $150.00 $750
Street lighting Il EA $1,500.00 $16,500
Street Names(signage) 10 EA $650.00 $6,500
Fencing requirements
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
Striping 1 LS $13,000 $13,000
Mobilization 1 LS $25,000 $25,000
SUB-TOTAL: $1,289,214
Engineering and Supervision Costs = $ 64 460
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF OFFSITE IMPROVEMENTS AND SUPERVISION FOR WCR 9.5 EAST
HALF SECTION = $ 1,353,674
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The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements in11
e�c mpleted according to the construction schedule set out in Exhibit"B."
By: /_,__." C/(
Applicant
Applicant
Senior. 'Ayeloproa,f zt..,vyc, Date: ✓z^4 2J , 2007_.
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
AEI ��� 11111111111111111111 ���� ����
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: St. Vrain Lakes
Filing: No. 1 —WCR 9.5 East half width improvements
Location: A Part of Sections 35 & 36, Township 3 North, Range 68 West, of the Sixth Principal Meridian
County of Weld, State of Colorado
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements.
All WCR 9.5 east half width improvements shall be completed by the first building permit in Filing 1.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements-WCR 9.5 East half width Time for Completion
Site grading • SEE EARLY GRADING
Erosion& sedimentation control SEE EARLY GRADING
Street grading SEE EARLY GRADING
Street base Prior to issuance of 1" Building permit
Street paving Prior to issuance of 1" Building permit
Curbs, gutters,and culverts Prior to issuance of 1"Building permit
Sidewalk Prior to issuance of 1S`Building permit
Storm sewer facilities Prior to issuance of 1" Building permit
Retention ponds Prior to issuance of 1"Building permit
Ditch Improvements Prior to issuance of Is` Building permit
Subsurface drainage Prior to issuance of 1" Building permit
Sanitary sewers Prior to issuance of I' Building permit
Trunk and forced lines Prior to issuance of I" Building permit
Mains Prior to issuance of ls` Building permit
Laterals (house connected) Prior to issuance of 1" Building permit
On-site sewage facilities Prior to issuance of I" Building permit
On-site water supply and storage Prior to issuance of 1" Building permit
Water Mains(includes bore) Prior to issuance of 1" Building permit
Fire hydrants Prior to issuance of 1" Building permit
Survey and street monuments and boxes Prior to issuance of 1" Building permit
Street lighting Prior to issuance of 1" Building permit
Street Names Prior to issuance of 1" Building permit
Fencing requirements Prior to issuance of 1" Building permit
Park improvements Prior to issuance of 1" Building permit
Road culvert Prior to issuance of 1"Building permit
Grass lined swale Prior to issuance of Is`Building permit
Telephone Prior to issuance of I"Building permit
Gas Prior to issuance of I"Building permit
Electric Prior to issuance of I" Building permit
111111111111 111111111111 III 111111 INFO 11111 IIII IIII )f 10
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•
The County, at its option, and upon the request of the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the above
schedule can�et.
By. /C �O �
(
Applicant
Applicant
<:9lni.Y ) ,/ re"? /L/ntav Date: /y ,2 0 , 2007_.
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 11111 111111111111 III 111111 BIM 111111 III IIII
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Ca_
Best Communities.
Best Value. Since 1958
July 13, 2007
Kim Ogle
Weld County Public Works Department
1111 H Street
P.O. Box 758
Greeley,CO 80632
Dear Kim:
Attached is the agreement and the original bond for the WCR 9.5 Eastern Two Lanes. I have signed
the two exhibits for the cost estimate and construction timing along with the actual agreement with
anticipation that it will receive approval of the Board of County Commissioners. Once approved, I can
sign and have it notarized right away. Thank you for your assistance in this matter.
Sincerely,
Carma Bayshore, LLC
Brad Davis
Project Manager
188 Inverness Drive West, Suite 150
Englewood, Colorado, U.S.A. 80112 • Tel (303) 706-9451 • Fax: (303) 706-9453
www.carma.ca
er21
617.
SUBDIVISION BOND
Bond No. 220 96 10
Premium: $12,183.00
KNOW ALL MEN BY THESE PRESENTS, that we Carma Bayshore, LLC as Principal,
and Insurance Company of the West authorized to do business in the State of Colorado, as
Surety, are held and firmly bound unto the Weld County, Colorado as Obligee, in the penal sum
of One Million Three Hundred Fifty Three Thousand Six Hundred Seventy Four and 00/100
Dollars ($1,353,674.00), lawful money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Carma Bayshore, LLC. has agreed to construct in Weld County, Colorado
the following improvements: St. Vrain Metro District - WCR 9.5 Eastern Two Lanes
Improvement Plans recorded in Weld County , Dated:
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall construct, or have constructed, the improvements herein described and shall
save the Obligee harmless from any loss, cost or damage by reason of its failure to complete
said work, then this obligation shall be null and void; otherwise to remain in full force and effect
and the surety on this Bond binds itself to said Obligee, to the amount on the hereinabove
stated penal sum, that said Improvements shall be completed in accordance with the
Agreement between Principal and Obligee.
IN WITNESS WHEREOF, said principal has hereunto set its hands and seals, and said Surety
has caused these presents to be executed by its officers thereunto authorized this 10th day of
July, 2007.
C. rm shore LL''i�
Insuran ,- Co an of th- est
by:
ck G. Lupie, A •f ey-in-Fact
ACKNOWLEDGMENT
State of California
County of San Diego
On July 10, 2007 before me, Maria Hallmark, Notary Public, personally
appeared Jack G. Lupien, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. I lS+jone MARIA HALLMARK
COMM. #1508244 0
U NOTARY PUBLIC-CALIFORNIA fO
'O SAN DIEGO COUNTY 0
My Commission Expires
1 AUGUST 17, 2008 I
Signs
(Seal)
No. 0004444
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
DALE HARSHAW,BRADLEY R.ORR,JACK G.LUPIEN,JOHN C.STARICH,TARA BACON,GEOFFREY SHELTON
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.
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Jeffrey D.Sweeney,Assistant Secretary John L.Hamann,Executive Vice President
State of California
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County of San Diego
On June 5,2006 before me,Mary Cobb,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 mm'y hand and official seal.
MARY nrcoee I
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are
hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing typing,or photocopying."
CERTIFICATE
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 above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 10th day of July _/, ,x/}2'007 {/��/7a,.,(L7
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above
named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
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