Loading...
HomeMy WebLinkAboutMINUTES - 07252006 - C.16 C SEL V TO: BOARD OF SUPERVISORS _� = Contra -_ FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR , �d,r.,aiirai . ;z Costa o� DATE: July 25, 2006 (6U County SUBJECT: Approving the Third Extension of the Subdivision Agreement(Right-of-Way Landscaping)for 00- 08151, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): dqZ ADOPT Resolution No. 2006/ 1"' 7 for Subdivision 00-08151,approving the Third Extension of the Subdivision Agreement(Right-of-Way Landscaping),for project being developed by Windemere BLC Land Company,LLC,San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision Agreement (Right-of-Way Landscaping) extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping) extension will not be renewed. Continued on Attachment: ✓ SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 1�PROVE OTHER SIGNATURES ACTION OF B A D ON APPROVED AS RECOMMENDED OTHER VO OF SUPERVISORS �� UNANIMOUS(ABSENT /"-OW-�) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the EH:vz date shown. G:\EngSvc\BO\2006\07-25\SD 00-08151 BO-1 Ldoc Originator: Public Works(ES) Contact: T.Rie(313-2363) Bond No/Date:SP7827(February 27,2006) ATTESTED: G cc: Public Works—Construction JOHN CULLE , Cl of the Board of Current Planning,Community Development Supervisors and County Administrator T—February 9,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Travelers Casualty and Surety Company of America By , Deputy 9325 Sky Park Court,Suite 220 San Diego,CA 92126 Attn:Rosa Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 25, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for 00-08151, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 00-08151,in the San Ramon(Dougherty Valley)area,through April 9, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: January 2007 ♦ REASON FOR EXTENSION: Project in warranty period. Renewal agreement extension expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. EH:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2006\07-25\.SD 00-08151 BO-I Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Rie(313-2363) Bond No/Date:SP7827(February 27,2006) ATTESTED: o G cc: Public Works—Construction JOHN CULLEN, erk the Board of Supervisors and County Current Planning,Community Development T—February 9,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By ,Deputy Travelers Casualty and Surety Company of America 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Rosa Rivas RESOLUTION NO.2006/ 415' CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 00-08151 - Developer: Windemere BLC Land Company,LLC Original Agreement Date: April 09,2002 3rd Extension New Termination Date: April 09,200/8 Improvement Security Surety: Travelers Casualty and Surety Company of America Bond No. (Date): SP7827 (February 27, 2006) (Old Bond No. 1112750 7801) Security Type Security Amount Cash: $ 1,000.00 (1% cash, $1,000 Min.) Bond: $ 57,800.00 (Performance) $29,400.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby, gree therto and acknowledge same. Dated: Dated: March 16, 2006 see attached signature page FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Direct By: � AAA4,w Printed Developer's Signature(s) RECOMMENDED OR VAL: By: Printed 25 Enterprise (Engine in Se ce sion) Aliso Viejo, CA 92656 Address Travelers Casualty and Surety Company of America (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 FORMAPPROVED:Victor 1.Westm;w,Comny Cowucl After Approval Return to Clerk of the Board Address Attorney in Facts Signature Printed Rosa E. Rivas WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: Greg Pomi, Vice President )&-�— Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe On March 17, 2006 before me, Dina Prints, Notary Public, personally appeared Greg Pomi and Dee Baker, 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 capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. DINA PRINK „Witness my hand and offic' eal. commission#1453610 l - z �� Notary Public-California Orange County ^' My comm.Expires Nov 28,2007 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 SIGNER IS REPRESENTING: Greg Pomi —Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary L_ennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Subdivision (Right-of-Way Landscape) .Agreement Extension for Surety Bond No. SP7827 (Formerly 111 2750 7801 Number of Pages: Two (2) Date of Document: March 16, 2006 Signers (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 16 2006 before me, G.L.Reza, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E.Rivas 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 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 G. L REZ^- behalf of which the person(s) acted, executed the instrument. •k.\ I� COMM. # 1395003 NOTARY PUBLIC CALIFORNIA 9 3 :; ! okA pct coulvrr —� WIT S m and d official seal. 1111 N y My Comm.Exp, Jan. 21,2007 SI AT RE OF NOTARY 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 OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 FRP WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 2 3962 Certificate No. 000130327 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 corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty 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 Fidelity and Guaranty 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 James A. Schaller,Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C. Abel, Stanley C. Lynn,Jane Kepner, Grace Reza, and Rosa E. Rivas of the City of Irvine State of California their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted,in any°actions or-proceedings allowed by law. " ` 2nd IN WITNESS WHEREOF,the Com anies have caused this instrumenbto be signed and thetrcocporate seals to be hereto affixed,this day of February 2006 ' ` Farmington Casualty Company- ?J �YA St.Paul Guardian Insurance Company Fidelity and Guaranty InsarceCompa,y: ~` St.Paul Mercury Insurance Company Fidelity and Guaranty Insueance Underwi ters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GRSU,�� Qpn..� St�tfTy FtRE6 ?RN.�NfG '+1.SUq�`'� ,,�tY ANDY JP,........,, IRN Ry Q4: •lt � 4� fWfr � I G'�N.EC't•�'$ z cin! F; j RPOR4T' F44RiFOFID. � t Zr,+ 195 �+ �`'•SEALio"3 " `O CONN. n \ axu+•J8 in 1898 � GFj� 9 # i o' �`.• t �d:,SBAL;`p � r° �.,,..,/ � �y �r > � `SOF � a�„�„+sANCF c. y..........rL1. a.••... :�a s +D State of Connecticut By: City of Hartford ss. G rge W ompson,Sen' r Vic President 2nd February 2006 On this the day of 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,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.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 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. p,TlT In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2006. jOIIBUG * Marie C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CONTRA COSTA COUNTY REQUEST FOR SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 00-08151 (x-ref sub 7976) If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner, as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: �l ��0/D✓`tel r �►1r.1—r'7 t� y1 P_e vL ?3o&l- e o,/Jyt Lp� —�f t2�N . 1, y G� s tir �,✓ ,—� ,ti � 61 Please provide your anticipated date of completion: Please provide your construction schedule: Please provide us with your Federal Tax ID Number: (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: (Use additional pages,if necessary) Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION COST AND TIME NOTIFICATION FORM Cost: The Public Works Department collects deposits for map checking, improvement plan review and inspection based upon a percentage of your Engineer's Cost Estimate and a calculated "average"of staff time required. These deposits are used to cover the costs accrued by our staff while processing your development. Your final cost could be more or less than this average. During the course of processing your development,there may be three (3).phases. I: Application,map checking, improvement plan checking or compliance with conditions of approval. Board Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits. (Note: Once your improvement plans are approved,your project immediately proceeds into the inspection phase whether or not construction actually begins, and all succeeding staff time is charged accordingly). II: Construction and inspection process. Board Action: Formal acceptance of constructed improvements. III:Warranty period if development includes construction of public improvements. Board Action:Confirmation of satisfied warranty period, exoneration of surety bond or letter of credit and return all remaining cash deposits. Prior to submitting gBy items to the Board of Supervisors for approval, we will review your deposits and our staff charges.If the charges exceed your deposit,you will be billed for the difference.If the deposit on hand is less titan our estimate of costs remaining,you will be required to increase your deposit. On completion of your project,we will refund any unused deposits. It is.important that you understand that all staff time spent on your development,including time for writing letters,telephone calls, counter calls, bonding company inquiries, meetings, appeal processes, revisions, and related activities is charged against your deposit for each phase of development. The longer it takes to complete improvements,the more charges you will probably accrue. You can help to keep your inspection costs down by notifying the inspector in advance of your construction schedule and by keeping the inspector informed of your progress. We cannot overstate the fnancial.beneftts to you ofconstructinz your improvements in a timely manner. Time: The time required to process your development through the Public Works Department can vary greatly depending on the complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your tum around time. Average processing time is from 6 months to 2 years or more. Please allow for this time in your scheduling. Some factors affecting time are uncontrollable but others can largely be controlled by: 1) insuring that all submittals are complete; 2) addressing all comments from staff-, 3) returning your corrected documents back to the Public Works Department as quickly as possible. Be aware that the rights given to you by your Tentative Map or permit are only good for a fixed amount of time. It is up to you to insure that all processing is complete before this time expires. Please contact your planner to insure that your rights are protected and that you will have adequate time for processing. Should you have questions about the development fees or process,please do not hesitate to contact your map or plan checker or the Engineering Services Division at(925) 313-2000. ........................................................................................ I have read,and understand,that the cost for processing my development is based on actual time and materials spentby the County's staff during the processing and review of my development,and that I am responsible for paying all staff costs prior to any action by the Board of Supervisors. I also understand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure that adequate time is allowed for processing and that any rights I may have are protected. (Signature of Developer) (Date) o 8,157 - Vi I t, I a, IQ,)Vj La'I'L-S C(Printed Name)) Development Number (If time is of the essence for your development,your map check and/or improvement plan review may be placed on an accelerated schedule for 50% fee premium. For details of this premium processing service,please discuss this option with your map or plan checker.) GAGrpData\E.ngSwTo—\E WORDLLE-I FORM.doc Updated 8/01 STPAUL Fireman's RTRAVELERS Fund SURETY BOND ENDORSEMENT TO: County of Contra Costa 255 Glacier Drive Martinez, CA 94553 Attn: Public Works Department RE: Bond Principal: Windemere BLC Land Company, LLC Surety: The American Insurance Company Surety Bond Number: 11127507801 Description: Public Right of Way Landscape Agreement, SUB 8151 Bond Amount: $57,800 The purpose of this Rider is to: [X] CHANGE BOND NUMBER Effective February 27, 2006, surety bond number 11127507801 is changed to SP7827. [X] CHANGE SURETY COMPANY Effective February 27, 2006, Travelers Casualty and Surety Company of America ("Travelers") replaces The American Insurance Company ("FFIC") as surety on the above referenced bond and, accordingly, agrees to be bound by the terms of the above-referenced bond and to perform all of FFIC's obligations thereunder as if the above-referenced bond had originally been issued by Travelers. Upon execution of this Surety Bond Endorsement by all parties hereto, FFIC shall have no further obligation or liability under the above-referenced bond. Signed, sealed and dated November 29, 2005. Travelers Casualty and Surety Company The American Insurance COMOC-Any of America By. By: Cirky Thun Fig iredo Attorney-in-Fact Attorney-in-Fact Accepted by Co ty of Co a Costa By: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY IINOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Cindy Thun Figueiredo of Novato, CA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fad may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any-power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 02 day of November , 2001 'CQ `�eCEur,c` aE k EG . Y'+R.k*y /951i zy asEP e—.4 FIREMAN'S FUND INSURANCE COMPANY tNATIONAL SURETY CO RATION o o THE AMERICAN INSN L;s MPANY C1670 ASSOCIATED INDEMY RATION •.- �r€ �b t`` �y `•a`'„ ��Nce coy` AMERICAN Adf ITOMOBILE INS COMPANY STATE OF CALIFORNIA SS. BY COUNTY OF MARIN Yt ideal On this 0 2 day of November ,2 0 01 ,before me personally a Harold .N.. Marsh to me known,who,being by me duly sworn,did depose and say:that he is a VicePresident of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WTI NESS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. r KRISTIN A.GAZZOLI D 0 COMM.#1262236 d ti NOTARY PUSUC-CAU ORMA Q MARIN COUNTY 0 My Comm.Expires April 29.2004A ' N STATE OF CALIFORNIASS. CERTIFICATE _. COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 29th day of November 2005 EEEEEfII E,Y�`Ns fG ,t,E AYE_R� —� ' `: Com' ��t�,..«�.yd � 4 �O�_•�\,+, � �� ///� Q �pCig70 �. O f 4Net N'f `*tKCE G�� tpy0 Resident Assistant SC«cUry r r; IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 6th day of January,2006. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD 4 J*yTY AN, Cc,ASUq<J r�Ic !e V Get° �Q� �• A' 'M. a NARTFORD, 0 19$2 o BY UKkWVOLRD' y '" a° d`t �b George W.Thompson L Senior Vice President On this 6th day of January, 2006 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument;that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30,2006 Notary Public Marie C.Tetreault CERTIFICATE 1, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;and furthermore,that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford,State of Connecticut. Dated this day of ,20 . yuwawr rOy ANO pASU HARMFA a NART1982 o y CONN. a * D �L� By Nicholas Seminara Senior Vice President