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HomeMy WebLinkAboutItem 4.05 Parcel Map 7893 Accpt ImprovG~~~ O~ Dp~~`2 19/ ~_t_~ ,82 ~~~~// `~'~1~~~/ STAFFREPORT CITY CLERK DUBLIN CITY COUNCIL File # ^~~0-~~ DATE: May 4, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE : Acceptance of Improvements for Parcel Map 7893 and Approval of Regulatory Traffic Control Devices Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: AvalonBay Communities, Inc. has constructed the improvements for portions of DeMarcus Boulevard, Iron Horse Parkway and the Dublin Boulevard median in accordance with the Improvement Agreement for Parcel Map 7893. It is now appropriate for the City to accept these improvements. FINANCIAL IMPACT: AvalonBay Communities, Inc. has provided a Warranty Bond (Bond No. 105328892) issued by Travelers Casualty and Surety Company of America in the amount of $537,000.00 to guarantee the improvements associated with Parcel Map 7893 for one year. The City will incur annualized maintenance costs for these improvements, estimated to be $25,000 for landscaping, street sweeping, and street lighting (monthly), slurry seal (every five years) and asphalt concrete pavement overlay (every 20 years). RECOMMENDATION: Adopt the resolution Accepting Improvements for Parcel Map 7893 and Approving Regulatory Traffir rnntrnl ~lavirae , .,. ...... . ... 1... ~ ~ / ~ ubmi ted By City Engineer ~ Revi e By Assistant City Manager Page 1 of 2 ITEM NO. ~•J~ DESCRIPTION: Parcei Map 7893 subdivided property owned by the Alameda County Surplus Property Authority (ACSPA) and the San Francisco Bay Area Rapid Transit District (BART) into finro parcels. Parcel 1 contains the BART station and Parcel 2 is the site for the proposed high-density residential development by AvalonBay on Site C of the Dublin Transit Center. This parcel map also dedicated right-of-way to the City of Dublin for Iron Horse Parkway and DeMarcus Boulevard that was formerly part of the BART station property. The improvements associated with Parcel Map 7893 include reconstruction of DeMarcus Boulevard and Iron Horse Parkway between Campbell Lane and Martinelli Way, and modifications to the Dublin Boulevard median (Attachment 1). AvalonBay Communities, Inc. has constructed the improvements for the ACSPA in accordance with the Improvement Agreement for Parcel Map 7893. Staff is recommending that the City Council adopt the proposed resolution accepting the improvements and approving the traffic control devices (Attachment 2). Traffic control devices are detailed in the resolution and include stop signs, no parking signs, two hour parking limits, and designated loading and accessible access zones. AvalonBay Communities, Inc. provided a PerFormance Bond, and a Labor and Materials Bond furnished by the Travelers Casualty and Surety Company of America in the amount of $ 2,150,000.00 (Bond No. 105127410) for the improvements associated with Parcel Map 7893. These bonds may now be released in accordance with the authority contained in §66499.7 of the Government Code. AvalonBay Communities, Inc. has provided a Warranty Bond issued by Travelers Casualty and Surety Company of America in the amount of $537,000.00 (Bond No.105328892) to guarantee, for one year, the improvements associated with Parcel Map 7893 (Attachment 3). NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Reduced Copy of Parcel Map 7893 2. Resolution for the Acceptance of Improvements for Parcel Map 7893 and Approval of Regulatory Traffic Control Devices 3. Copy of Warranty Bond G:\DEVELOPMENT, PRIVATE\Dublin Transit Ctr\PM 7893\Staff Report accept imp.DOC Page 2 of 2 y ~~ ~ ~ as ~ ~ ~ ~ T ~ Z , ~ 1 ~ \ O ~ ~H S~ r ~ Z Q~ ~ ae » z i-~ CAMPBELL LANE g~ ~ RIGHT OF WpY Va1tIE5 SEE DETAI~ 'C'~ O 389.21' 90. _ _ ^ _ _ _ ~ \ L0T 3 ~< I CURVE 7ABLE: TR 7525 pARCEL 3 ix L ~ 279 M 97 0.666 A'C.! • ' " '~ ~' ~ EVAE 20' SDE. SEE DETAII'~' ~n __ . N ee 46 35 W ip7q.8p ~n o- 55Ka'ta' ° ' ' ~ MARTINELLI WAY - 896.62• 46 35 W R- 51.00' N 88 31' ' 83 _ RIGNi Of WAY VARIES 54.11 642 51' . L- 5288 ~ 104 ~ N 01'13'Y5 E 5.86 p ` - - - - - . - - - _ 19.00' _ -_ ~ L20 ~~ N 89'42'4]~W _77J.02' v~ - lY2 v 9~ o > ~4 ~ 0 r -- - _ ~ ~ N 88'42'43' W pj.~3' ~~ n ~~ 66'38'~5' ~ EE I I ~ --- - ~ ~J L2 ~~? -- 0 -- ~ C3 ~ I -- --~ -----__ __~ ~ m ~ i I 5 N BB'42~43' W 260 9' 1 S ~5~ ' ' N 88'46'35' W a.ao~ RADIAL BEARING TABLE: ' ' ' y N ry R~ 51.00 .~~ I I ~°. L~ 59.12• ~` } t JS N 89'48'35• W 4= 1178 R. 29.00' 1 ' °~! I n ' ~ R1 R2 N 18 19 03 E(R) N 1352Y4' W R S~G I I `~' I R R 2 55^ 399.88 w L. 22.43• I I I ^ ~ Q-' y1~ R3 ( ) 5 05'22'48' E(R) ~. C y ~ r II i .~ ~ 9.00 L-~e.~' I lo ~ I ~ ~ O ] ,~ ~, ~ R4 5 14'35'S2' E(R) F G ~(+~ ~` 9C ~ / o~ = I 3~ NBEYE'33'W 8].31' ~ I I n° R- 1 9.0041• ~ 51 W ~~ '''11~:: ~^~ W P A R C E L 2 N Ol'14'21' E I I I~o N ~ 6.539 AC.3 129'~6 m ~ I I G ~p0/b09 w Q- QP,~ ~~ry ` RS Rb 5 2178'13" E R () 5 55 28'S4' E(R) INE TABLE: ~(~ 9/. 9 \ ... H 6 Ir ~ L~ 28.75'~ 1 f ~ ~:F I~ ~~ ° n ry~p ~ R7 N 6]72'00' E(R) 'yFp H 'eqj ~ ~ ' N 51n~ ,~, Re`'~ I I I OS /~,~j I~ ~ a r I I 1 1 o Z RB N SB'10'49' W~R) ' ' oq 9 T ?e, ~ ~ A w 9,p J ` ~ C't. ~ ( p'r.. dy ?o~ ~ ~ N JB.j . n~ Bj k ' ~1`~~ ~ '~i 1• I ~µ" z /i ps 20' SDE 1 ~30 - z 1~ O 10' PUE N 11°26'49' W 1 ~ I r I ~_~3 ~~-L24 132.]5' - _ ~5 ~ N 7 L27 L26 W , 1 N BB°46'35" W 8.~' N 2fi°48'27' E (R) R9 R10 R11 R S 33'02 15 W(R) 5 4173~06~ W(R) 5 38•46'S9' E R ~ ) ° ' ' 6~ ~' ~2 ~G. ~ ~~.P ~{. DETAIL "~° C6 CS ~ 1 ~ 14295' ~ 0- 84'24'SB•• R ' 12 5 60 35 23 E(R) N ~o J ~ *q NOi TO SCALE ~ e ~• ~ 2 ~ . ti6 G- 31°42'02' ~ ' ' 8 ~ 66.00 ~ _ ~a.zo' ~ S 6 ry~ g d~ 9 `p td, ~ ~ ~(. ~ 2 } ~O f•~ • R~ 98.00 ~ L- 54.21' pw ~~ L17 . Q-1 N 0113'25' E ' ~9> l20.23' 6~ B~T~ ~ M M ~ 13 ~L DETAIL "E" "~a L18 23A3 ~g~l ~0 y,~ ~ `~9y ~~ J \ S'" NOT TO SCALE ~ 6 yM'~~p ~ 6~ ry ' N 88'46'35" W 254.00' GRAPHIC SCALE ~s \ ?y, S . Jm, ~ ' 'l y ~, ~,b ,yb ~ 17 ~ 10' ~ ry56 .n ~ ~ 1 10 .~y PUE N 88°39'47' W p ~ 1C SEE DE7AIL 'E' rJ P / • e 80 0 BO ~ \ '9 160 'P ` 'K ~= ` R= ~~ 6 O k {, 15.94 QP 4271'33' / ~ N 4B'S5'24' E A~ 42°24'49" E- 00' S 'L 390.71' M-M 98 ' Q y \ Q~ Qrj , ] ~~ - e" . R - 98.00 O ' /h 'Z` a t7 L ~ ]2 55' 7z = BA515 OF BEARINGS: .Q~q ~, ~. `s S ,• ~. . ~ . ~ ~ o T1E BEARING NORTH B2b2'Of' EAST ALONC DUBIIN BWLEVARD 9~ C~R~` ~ ~~ ~- - _Rs.,\ ~ ~ o ? - - - - ~ L2 BETWEEN FOVND AIONUMENIS AS SHOWN ON PARCEL MAP 7395. IJ 2 '~tt` FlLED OCTOBER 37, 2000, IN BOq( 254 OF PARCEL MAPS AT S PAGE 2B, ALAMEDA COUNTY RECORDS. WAS USE~ RS T1E ~ 0 BASIS OF BEARINGS fOR THIS PARCEL MAP. ~"P p~ ~~^35'34' ~ R = 185.00' LEGEND: L ~ 33.38' ' N 48°27'S3' W~ ~. DISTINCTIVE BOR~ER OF LANDS BEINC SUBDIVI DED ~~9~~~ . - - - - - - EXISTING EASEMENT LINE N BBVS'S] PROPOSEO PARCEL LINE 189.88' AI _ ---------- PROPOSEO EASEAENT LINE - - - - MOMlA1ENT IINE R . EXISTING RIGNi OF WAY OR PARCEL LINES ABUTTEN'S RIGHTS OF ACCE55 RELINOUISHED L~ PER 235] O.R. 4B7 Q EXISTINC EASE1,£NT PER EASEMENT LIST iOUN~ STANDARD CITY AqMMENT BOX O MONIIMENT TO BE SET PER THE DUBLIN MJNICIPAL CODE WIiH DISK STAMPED L.S. 5787 • FIX1ND J/1-INCH IRON PIPE PER (1) ACFCNCD ALAMEDA CWNTY fL00D CONTROL AND WATER CONSERVAiION DISTRICT AE PRIVATE ACCE55 EASEMEN7 •ern ~ r. S w ~~ N 88'39"47 '1~ J Q.~s ~/ ~ ~~ ia.iz' _ _ ~`'' I n oaroa•ie' e (e> 1~' \ - - -~~ -I J o- oz5.•,.• ~~..,7~ L- 448.52' 13 p ~ 00'48'48' = U L - ! - I ~~ ' I - = ~ = _ - ~ L = 141.9 5' t~J 2 ~_ __ .a _ ~ ~~ 74 ~- 03'23'02 ~ ~- ~ ~ ~- ' ~ R ~ 9997.9]' 1 ~ _ - ~ L ~ 590.48' (n 750,08' ~ N Ot'29'04=E R r~EZ35] OR ygNiCE I I 4 N 95b7'S4' ~y ~ 1 - - - ~- - - - - - PARCEL MAP 7893 ~ HIGHWAY ROU7E SBO CITY cI7Y oF DUBLIN ti ~ BEING A SUBDIVISIONRO~}THE~LANDS DESCRIBED IN THE DSRSD DUBLIN SNI RAMON SERVICES DISTRICT 1'~, *a. q ~ 6 q, Ca GRANT DEED RECORDED AUGUST 4, 2006, AS SERIES NUMBER . EE ELECTRICAL E~SEn/ENT }B. ?e• 49 ~~ $~s C3 1tl p 5~ 2006-299824, AND PARCEL ONE OF LOT LINE ADJUSTMENi EVAE EAIERGENCY VEHICLE ALCE55 EASEMENT t. ~C` 15' SSE-3 (~/~ '~J? ~/ . N 88°46'35" W ~E ~ANDSCME EASE~ENT (5EE No7E 5MEE7 J) ~k ~ k GS ~~ Qve~p''~O ~~y~ t5' S5E-a q. ~.50_ w AS SHOWN IN THE CERTIFICATE OF COMPLIANCE M-M NONUMENT TO IAONUMENi DISTANCE ',r ~!S• ~ d~ ~ y, G~, 1~ ry ,o ~~ N ~ RECORDED MAY 29, 2008, AS SERIES NUMBER ~ O.R. oFFICIAI RECOPDS ~b- ~?y Lp ~\~ 6 L~3 ~q *'°o? ~ u 2008-172489, ALAMEDA COUNTY OFFIqAL RECOROS PAE PUB~IC ACCESS EASEMENT (SEE NOTE SHEET 3) ~~'.~ Jy. ~ 1J J1~~l~ ~'f~~:~.~ ~ T i ~~'{~~sYitt~t~R#t~a~4#rtti#ttt3sYtst#t~#s#ta;a~xt~at• P~ PMCELC~S AND ELECTRIG Cdir1NY ts' xic '~~ ~5~ SsE_Z~,~~ `e~~,~~ ~~ ~ k o~ CITY OF DUBLIN ALAMEDA COUNTY CAUFORNIA ~ l°l i o° DATED: JUNE 2008 SCALE: 1" = 80' WE PUBIIC UTILITY EASEMENT ~~j ' (R) R~DIAL BEARINC PARCEI 1 ~~'" PARCEL 1 ~ DETAIL "B" DETAIL "C" ~ ~ ~ ~ . SDE STORM DRAIN EASEI.ENT /~ 6 ~ NOT TO SCALE NOT TO SCALE ~ SSE SNlIiMY SENFR EASE~ENT ~ `~;q ~) SWE SIDEWALK EASEAffNT ~ J ,''/~Y (T) 1piAL DISTANtE OETAIL "A° L~s ssE-i ~ TSE TRqFFIG SICNAL EASEMENT (SEE NOTE SHEET 3) NOt TO SCAIE ~ EIIi~1~~7tl11YAqi~fW~Yat WLE WATER LINE EASEMENT nn xanx rui nm; aurt mo SHEET 4 OF 4 (1) DENOTES AUP REFERENCE MA9ER ""'"~'~ ~. G ~~~ C-940158-20 ~ / ~ ~ ~ RESOLUTION NO. - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *:~~~~~*~~ ACCEPTANCE OF IMPROVEMENTS FOR PARCEL MAP 7893 AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES WHEREAS, Surplus Property Authority of the County of Alameda, A Public Corporation, and AvalonBay Communities, Inc., the subdivider of Parcel Map 7893, filed on August 1, 2008, in Map Book 308, at Pages 64-67, previously entered into an Improvement Agreement for Parcel Map 7893 with the City of Dublin dated July 15, 2008, Resolution 134-08, to complete required improvements for said Parcel Map in accordance with plans on file with the City Engineer; and WHEREAS, the improvements associated with Parcel Map 7893 are complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, certain regulatory traffic control devices have been installed as part of these improvements; and WHEREAS, the Performance Bond, and the Labor and Materials Bond can be released, in accordance with the authority contained in §66499.7 of the Government Code of the State of California, and replaced with a Warranty Bond to guarantee the completed work for a one-year period following acceptance; and WHEREAS, AvalonBay Communities, Inc., has provided a Warranty Bond to guarantee the improvements for a one-year period; NOW, THEREFORE, BE IT RESOLVED that: 1. The improvements associated with Parcel Map 7893 are hereby approved and accepted subject to a one-year guarantee period; and 2. The original Performance Bond issued by Travelers Casualty and Surety Company of America in the amount of $2,150,000 for the improvements associated with Parcel Map 7893 (Bond No. 105127410) be released; and 3. The original Labor and Materials Bond issued by Travelers Casualty and Surety Company of America in the amount of $2,150,000 for the improvements associated with Parcel Map 7893 (Bond No. 105127410) be released; and 4. The submitted Warranty Bond issued by Travelers Casualty and Surety Company of America in the amount of $537,000 for the improvements associated with Parcel Map 7893 (Bond No. 105328892) be accepted as security for the aforesaid one-year warranty period, said period to commence on this date and terminate on the 4th day of May, 2011. ATTACHMENT Z 3~9 The regulatory traffic control devices installed as part of the improvements associated with Parcel Map 7893 are hereby included in the City of Dublin Traffic Code, said regulatory devices to include the following: a) Stop Sign northbound on Iron Horse Parkway at Martinelli Way. b) Three-way stop signs at the Iron Horse Parkway and the Bart garage entrance/exit intersection. c) No Stopping in designated areas of pop-outs along the western/northern frontage of Iron Horse Parkway and the eastern/northern frontage of De Marcus Boulevard. d) No Stopping along the Iron Horse Parkway southeastern frontage of the median island east of the pedestrian crosswalk to the Bart station. e) No Parking on Iron Horse Parkway eastern frontage for 80 feet south of the Martinelli Way intersection. ~ Two hour parking limit between 7AM and 6PM Monday - Friday on both sides of Iron Horse Parkway between Martinelli Way and the Bart garage entrance/exit. g) Two hour parking limit between 7AM and 6PM Monday - Friday along both frontages of DeMarcus Boulevard for approximately 250 feet south of the Campbell Lane and for seven parking spaces along the northeastern frontage. h) Two hour parking limit between 7AM and 6PM Monday - Friday along Iron Horse Parkway northwestern frontage for three parking spaces east of the Bart garage entrance/exit intersection. i) Two hour parking limit between 7AM and 4PM Monday - Friday and Attended Vehicle Only Parking between 4PM and 6PM Monday-Friday along the Iron Horse Parkway northwestern frontage for eight parking spaces between the Bart garage entrance/exit intersection and the pedestrian crosswalk to the Bart station. j) Loading Zone along the Iron Horse Parkway northwestern frontage for forty feet east of the pedestrian crosswalk to the Bart station and along the DeMarcus Boulevard northeastern frontage for eighty feet east of the pedestrian crosswalk to the Bart station. k) Two hour parking limit between 7AM and 4PM Monday - Friday and Attended Vehicle Only Parking between 4PM and 6PM Monday-Friday along the DeMarcus Boulevard northeastern frontage for five parking spaces west of the pedestrian crosswalk to the Bart station. 1) The DeMarcus Boulevard southwestern frontage along the Bart station east of the pedestrian crosswalk to the Bart station is designated for seventy feet of Accessible Loading, 230 feet of Passenger Loading, three parking spaces for Two hour parking limit between 7AM and 4PM Monday - Friday and Attended Vehicle Only Parking between 4PM and 6PM Monday-Friday, and three parking spaces for taxi waiting. m) Two hour parking limit between 7AM and 4PM Monday - Friday and Loading Zone Saturday & Sunday is designated for two parking spaces along the DeMarcus Boulevard eastern frontage and two parking spaces along the Iron Horse Parkway northwestern frontage. 2 ~ ~ / PASSED, APPROVED AND ADOPTED this 4th day of May, 2010, by the following vote: YES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:~DEVELOPMENT, PRNATE~Dublin Transit Ctr~PM 7893~Reso acpt imps.doc 3 5~ ~ Bond No: 105328892 WARRANTY BOND Know all men by these presents: that we, AvalonBay Communities, Inc., a Maryland Corporation, as Principal, and the Travelers G~sualty and Surety Company of America, a corporabon licensed to do business in the State of Caiifornia, as Surety, are held and firmly bound unta the City of Dublin, as dbligee, in the full and just sum of five hundred and thirty seven thous~nd dollars ($537,000.00), lawful money of the tJnited States of America to the payment of which sum, well and truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. The condibon of this obligation is such that, whereas the principai has entered into an Improvomont Agreement for Parcel Map 7893 with tYte Obligee that includes Parcel Map 7893 Street Improvement Plans for portions of Dubifn Boulevard, DeMarcus Boulevard, & iron Horse Parkway in the City of Dublin. AND WHEREAS, Said Agreement provided that the Principal guarantee against defective materials and warkmanship in connection with said Improvements for a period of one year following acceptance of said Improvements. NOW, THEREFORE, if the Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of said improvements by Obligee, then this obligation shall be void; othervvi5e it shall be in full force and effect. All suits at law or proceedings in equity to recover on this bond must be instituted within one year after the expiration of the maintenance period provided for herein. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, this sth day of October , 2009. a M~ Inc., 7ravelera Casualty and Surety Company of America BY: ar W. E war s, ii -Attomey-in-Fa~t B~,':. i'~l~t/~.IC. ~qv'L~.~ Ci. V a Ct t' VC S, ct.:~~- ~ RY: ~ ,,,5 C~QtlYtl ~1 • ~.i"'C.~_'v`l !.Q j~ ~SS ~ S-1-c.~~~- ~L.f~~c~ ATTACHMENT ~ ~Q ~ ~ CERTIFICATE OF ACKNOWLEDGEMENT OF PRINCIPAL State of ~~ti~n:~t~~c~;,}) ) ss County of ~ r rt c~ ) On this 5_'}'day of :~ibt , c. ~, before me appe~red ~~ and T~ , to me personally 1 own, who, being by me duly sworn, did say th they are the ~ t (~ Pvts ~ ~(.p ..x and ~, • • - • - . of ~~!~,c ~'Y,.m~-~~-~;. n~,nc . the corporation named in he foregoing instrument~ and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said ~Y1u,,'Ic ~,~ , and Joanru ~. l~cx.Y~C[« acknowledge said instrument to be the free act ana deed of said corporation. ,-°~~ Notary Public My commission expires (~ 3~ av ~c ~ ~ CERTIFICATE OF ACKNOWLEDGEMENT OF PRINCIPAL State of ) County of ) ss On this _ day of , , before me appeared and to me personally known, who, being by me duly sworn, did say that they are the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires CERTIFICATE OF ACKNOWLEDGEMENT OF ALL PURPOSE SURETY State of Alabama ) ) ss County of Jefferson ) On this 5th day of October , 2009 before me appeared Mark W. Edwards, II, to me personally known, who, being by me duly sworn, did say that he is the Attorney-In-Fact of Travelers Casualtv and Suretv Companv of America, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said Mark W. Edwards, II acknowledged said instrument to be the free act a.nd deed of said corporation. \ -ti . Donna Jane Austin, T:oi ~ Pu~ic, State at Large My commissic~n expires arcl~ 31, 2010. WARNING: THIS POWER OF ATTORNEY IS TRAVELERSJ~ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mereury Insurance Company 1Yavelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 218588 Certi6cate No. 0 0 2 8 0 8 5 0 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are cotporations duly organized under the laws of the State of Minnesota, that Farmington Casu~ity Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fideliry and Guaranry Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mark W. Edwards, II, Ronald B. Giadrosich, Jeffrey M. Wilson, William M. Smith, and Evondia H. Woessner of the City of $~~~~~ , State of AJabama , their true and lawful Attomey(s)-in-Fact, each in the'u sepazate capacity if more than one is named above, to sign, execute, seal and acknowiedge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guazanteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guazanteeing bonds and undertakings required or permi[ted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insut~nce Underwrifers, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 27th St. Paul Guardian Insurance Company St. Paul Mereury Insurance Company Travelers Casualty and Surety Company TYavelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ?p,yI~~fS0UqA~~~ ~~ $~ETy Jyp10.E64 \-N.~MSG p~IN3yN ~,~tYAMO Lu.. ~-~,~~}} Y O i D n ~ ~' ~ ` .I9 eC}. fs 4J . .,1,1 ~J O` ,~l~ -~iY ~ ~ ~OR~UTED '~ ~f-~RVOR~j~,•C1 W:'cOaPaRAlf.cie ±P ~ YF6I z~ 1~~ a 1977 ~ ° 1927~ ~ ~i -: z: __ ~ ~ w~m~o~ t ~wur~o~o, ~ i951 ~n ~iSEAL~~o" ~~.SSAL,-'~3° Oo ~~ A~~ b~al ~ AM .~ ~ ~~~Fh~~ ~~LxwuLkLO ~df....~ b.ti. .-~J L ~r ~r~A-~ ~ SM AN ~rr..__.. *p ~1 '+ AIN ~ ~ ~ . .~ State of Connecticut City of Hartford ss. By: Ceorg Thompson, nior ice President On this the Z~~ day of April 2~~ , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fideliry and Guaranty Insurance Underwriters, Inc., Seaboazd Surery Company, St. Paul Fire and Marine Insurance Company, St. Pau] Guardian Insurance Company, St. Paul Mercury lnsurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~~.TQ~ In Witness Whereof, I hereunto set my hand and official seal. TAII My Commission expires the 30th day of 7une, 20l 1. ~ p~"G~ ~ ~ (~lLIJ~ C . ~ Marie C. Tetreault. Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTOFNEY IS INVALID WITHOUT THE RED This Power of Attomey is granted under and by the authority of the following resoludons adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidetiry and Guaranty Insurance Underwriters, Inc., Seaboazd Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanty Company, which resotutions aze now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Execudve vice President, any Senior Vice President, any V'ice President, any Second Vice President, the Treasurer, any Assistant Treasurer, t6e Corponte Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certiScate of authority may prescribe to sign with the Company's nazne and seal with the Company's seal bonds, recognizances, contracts cf indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any dme may remove any such appointee and revoke the power given hicn or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any vice Ptesident may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; aad it is F[JRTHER RFSOL~'ED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recogniaance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any ~ce Chairman, any Executive Vice President, any Senior ~ce President or any V'ice President, any Second ~ce President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with t6e Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required} by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authoriry; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior ~ce President, any vice President, any Assistant V'ice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affized by facsimile to any power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsunile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fideliry and Guaranty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., Seaboazd Surery Company, St. Paul F"ue and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insucance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety:~dmpany pf Americat and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and afTviced the seals of said Cpmpanies this ~~~ day of 0 ob r , 20 QQ. Kori M. Johans Assistant Secretary GhSUq~~ ~~ ~SIhEIr~ `FIRE' ~,a ~MS ~NS A ~ 0 ?~~v~ray ~ y ~~ ~--yG P~ U tTY A,y ~~' ' jb" o ~ /~IORO~ * ~ ~~ : a~-oR~r ~ ~~~:•-..........~1~ ~so ~~ V'~~r ~Mb wa~T ~ ,~ ~ Z»s: 0 1977 1927 ~ ~ m(~ _~;'~ W;~"" f'; a ~ ~ ~ n~ ' ~s f~ ~9J1 m . , ~ ,` j~f ~s "' 'o ~`OF ~ ~ `VO4 '~y.`'MrctF"ra ~ .,a~°' ~lF~I~W,~ r'''I[~RANCE~O '~Ou~ j 6SSEL,;s ;` CONK +o ~ ~~ . ~ 1686 rF C~ • ~I~ f ~P •q, ~~ To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Pact number, the above-named individuals and the details of the bond to which the power is attached.