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HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-411 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 99/411 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8189, Dougherty valley area. The following document was presented for Board approval this date for, SUET 8189 located in the Dougherty Valley area. A Subdivision Agreement(Right of Way Landscaping)with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $2,819.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: DP# 335763, July 30, 1999 II. Surety Bond Bond Company: American Casualty of Reading, PA Bond Number and Date: 190723714, July 27, 1999 Performance Amount: $279,000.00 Labor& Materials Amount: $139,500.00 Principal: Shapell Industries of Northern California RESOLUTION NO. 99/411 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for SUB 8189, Dougherty Valley. DATE: August 17, 1999 WAGE -2- NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RL:df G.1GrpData\EngSvc\BOU999\BO 8-17-99.doc Originator: Public Works(ES) Contact: Rich Liorly(313-2348) I hereby certify that this is a true and correct copy of CC: Pubic Works- R.Bruno,Construction an action taken and entered on the minutes of the Current Planning,Community Development p T_6-17-2000(P1) Board of Supervisors on the date shown. Shapell Industries of Northern California, 100 N.Milpitas Blvd,Milpitas,CA 95035 Chris Truebridge Sam Worden American Casualty of Reading,PA, ATTESTED: AUGUST 17, 1999 21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By , SUBDIVISION AGREEMENT (Right of Way I..andscapinW (Government Code 516452 and 6453) Subdivision: 8189 Effective Data: Subdivider: ' -�/r ? c°li'/ 0/ Completion Period: t year COCO THESE SIGNATURES ATTEST O HE PARTI S"AGI EMENT HERETO: QONT,R TA COUNTY E2: ml,nd Tp Snapell d str es o . Calif. A division of J. Michael Walford, Public Works Director Shaper. Industries, Inc. _- w•) Daniel ck RQOM�MENQED EQR ApPROVA-L:' Vice President 1 By: t Engineerin ervices Division ta^ntm.m.ann°� ,C. Truebridge POEM API='ROVED: Victor J. Westman, County Counsel Assistant Secretary (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporation*Code 5313.) 1. PARTIES & QATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and the above-mentioned Sugdivtder,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance With the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following), in a ood workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement pians and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566495,and the County Ordinance Code, provide as security to the County: A. r Performance and e: 1 2,819-00 cash,plus additional security,in the amount of$ 221-000-00 which together total one hundred percent(100%)of the estimated cost of the work. such additional security is presented in the form of: Cash,certified check or cashiers check. . .X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For P vm n: Security In the amount of$ 139,500-00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check x Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4.~ GUARANTY AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or, workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete In accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. ANT ESTABLISHMENT WORDS. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants,Said plant establishment work shall be perfonned for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 5. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the worts as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NU WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for darnages arising from the failure to comply with any of the terms and conditions hereof. 8. INC MN7Y: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death, property damage, inverse condemnation,or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions ca ins Iliaoility are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. CCSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. & V Y . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. ICN-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,Inspection, surveys,contract,overhead,etc.)immediately upon demand. Suodivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith, even if Subdivider subsequently proceeds to complete the work. 12. a( ORPORATiON/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 11 RE-ORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :mw C:IWINDO WSNTE:.iFlgwonr.MG30A.doc Rev.November 19.1999 C&LIFORNIA ALL-PURPO.SE ACKNOWLEDGMENT State of California County of Santa Clara July 30, 1999 On before me. Linea A. Fluken , Notary Public 5 Darr Name ano Tine of Ofilcer(a.;.."Jane Doe.Notary Pubttc 7 X personally appeared Daniel W. Hancock and J.C. Truebridge 'y Na117lISt cf S+gnin5) X` 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 4 and acknowledged to me that he/she/they executed the r same in his/her/their authorized capacity(ies). and that by his/her/their signature(s)on the instrument the arson(s), Ct�m^�Issit�n ,;59356 or the entity upon behalf of which the person(s) acted. rvatary dub is CartClmia executed the instrument. Sorg Clorc County r,!r-,Dmr^:.Wires Oct 23,2001 WITNESS my hand and official seal Signuure of, tary P;ouc OPTION L ThouSn thy+ nformarion below is not required by law it may prove vaivable to persons relying on the document and couid:revent fraudulent removai and reattachment of!his form ro another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: I Individual I Individual X—X Corporate Officer Corporate Officer Title(s): Title(s): A Partner—- Limited General Partner—- Limited General ' r Attorney-in-Fact Attomey-in-Fact Trustee = Trustee 4 Guardian or Conservator e I Guardian or Conservator a rr Other: roc c'tnumc ere i a Other. roc of tnumo re,c Signer Is Representing: i Signer Is Representing: � i a Z YO95 Natrona!Notary Assoaanor•8236 Gemmel Ave. PO Box 7154*Canoga Parx CA 91309.7184 Proc.No.$907 Rearorr Dau foil-rrea'-840-8`e-682` Subdivision: 8189, Falcon Bridge Bond No.: 190723714 Premium: $1,375.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. CrTAL OF SUDIyisio.N AGREE'_ EN"I: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8189, Fa on Bridge as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Industries of Northern California, a Division of Shapell Industries Inc. ,as Principal,and -Americanasuaity Gempany of Rgading. PA , a corporation organized existing under the laws of the State of PA , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Two Hundred Seventy Nine Thousand and NO/100 Dollars ($ 279,000.00 1 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Hundred Thirty Nine Thousand Five Hundred and NO/100 Dollars ($ 139,500.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. T7:e Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, hie 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 agrcernent and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 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 or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and 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 (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. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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. SIGNED AND SEALED on July 27, 1999 Shapell Industries of Northern California, American Casualty Company of PRINCIPAL: a Division of Shapell Industries, Inc. SURETY: Reading, PA Address: 100 N. Milpitas Blvd. Address: 21650 Oxnard Street, Suite 760 City: Milpitas i s 3 ' City: wood nd HiiIs Zip. 9136'x' By: Print Name: Daniel W. ock Print Name: Sandra V. Hanner Title: President Title: Attorney-in-Fact :mW 11PWSr15JLAR kTA\apDaU7-r4Svo\Parcnc\$N'WORD1$N•12A dor A#V:hfie.1�1999 -........................................................ CALIFORNIA ALL-PURP%,4E ACKNOWLEDGMENT `�s,:�_•"_ "_�_.,.�.."�ti.'`�my:�_. -`.t"�^„ti,��!`,r.,`,.^±':y`,�C`.C`t`,. `. ,t^+.`�._...,_^.�'�^n:`^r r�r.-••:^�:"y:=,^t=••++�%.-•:-•h,;,n�,�, y State of California County of Santa Clara ' July 30, 1999 . On before me, Linda A. Fluken, Notary Pub is h Dais Name taro Title of Of er(e.g..'Jana Dos.Notary Puouc� personally appeared Daniel W. Hancock Nam*a)of SOWS) t� 5 personally known to me–OR– proved to me on the basis of satisfactory evidence to be the persons) . 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 Comm scion LUKEN * t 15Q"U or the entity upon behalf of which the person(s) acted. h .� Notary Public-Ca(ltorrti0 �_ executed the instrument. Santa Clara County my Comm.Bq*Oct 23,2 01 WITNESS my hand and official seri. Slgnaturs^„f N ary 2=fic OPTIONAL i heurn'^;e nrermarion deiow is not required by law it may prove valuabie.o persons relying on the document and oou/C:rever; frauculert removal aria reatrac`mer,*of this Actin to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: .apacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: k Individual = Individual j )LX Corporate Officer I Corporate Officer Title(s): Title(s): Partner---- Limited = General Z Partner—I Limited General Attomey-in-f=act Attorney-in-Fact Trustee Trustee Guardian or Conservator .?*a �_ Guardian or Conservator _ Other: Toc :”umb^ere i Other: Too of t urno^ere \i Jigner Is Representing: j Signer Is Representing: ti R k , x L 1495 Nanoral Notary assoc:ance,•6236 Pammer ave..PO.Box`164-Canoga Park.Ca 91305.7164 PMC,yo.BJC7 Paoroar Cain`ofl•Free A00476ro82' POWER OF ATTOKNEY APPOINTING INDIVIDUAL Xr Ii ORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called'the CCC Surety Companies'),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Beverly A. Hall Sandra V. Hanner, Individually of Shaman Oaks, California - - - their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory inst uments of similar nature -In Unlimited Amounts- and t©bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 29th day of October 1 1988 CONTINENTAL CASUALTY COMPANY Rr_ NATIONAL FIRE INSURANCE COMPANY OF HARTFORD COWO"{r AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA v filvAL arIII NvU '04 V, /'� tee't � i Mahn J.Cashion Group Vice President State of Illinois, County of Cook,as: On this 29th day of October , 1899 , before me personally came Marvin J. Cashion,to me known,who, being by me duly swam,did depose and say:that he resides In the City of Chicago, State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA desrxibed in and which executed the above instrument;that he knows the seals of said corporations;that the reale affixed to the said instrument are such corporate sets;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name theretcs pursuant to like authority,and acknowledges same to be the act and dead of said corporations. 140TARY pout My Commission Expires March 9,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A. Ribikawrskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixad the seals of the said corporations this 27thdayof .Tule 1999 CONTINENTAL CASUALTY COMPANY a1'w e' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA APLY cop -. Mary A Flibikwmkis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article iX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vics President or the Board of Directors, may,at any time,revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Croup Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl--Executlon of Obligations and Appointment of Attornsy4n-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-In-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instrumerits of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. `Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vita President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomay-in-Fact" This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of the Company at a meeting duty called and held on the 17th day of February, 1993. 'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." .... State of CALIFORNIA County of LOS ANGELES On July_ 27 , 1999 before me, ]JAI t' - Nc1TAR`4r PURL7C Oats NAME, TITLE OF {OFFICER., "JANE DOE, NOTARY PUBLIC" personally appeared SArMRA. V. HANDER NAME(S) OF SIGNER(S) { } personally known to me -- OR - (._.,...) proved to me on the basis of satisfactory evidence to be the person(s) whose namep[) is/ltiubscribed to the within instrument and acknowledged to me that t*/she/ (executed the same irffi9+�lher/{W authorized capacity(W and that byXMherlft)" "iso signatureol) on the instrument the personOL), or the entity upon behalf of which the person(i� acted, executed the instrument. -----+r WITNESS my hated and official seal. B.PAU CormmlWon# 1106M Notary Public-CoRomia SIGNATURE OF NOTARY I%Angeles County My fAamrm.BOVS.lun 14.2oCt2 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {� } INDIVIDUAL. (�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) { ) LIMITED (..,.�) GENERAL NUMBER OF PAGES (X--) ATTORNEY-IN-FACT ( �} TRUSTEE(S) (�) GUARDIAN/CONSERVATOR (�.} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS OR ENTITY(IES) American Cassia ty Company _ of Readi.na. Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE cs•,oz<ae-e