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HomeMy WebLinkAboutRESOLUTIONS - 11182008 - 2008/726 (2)THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 18,2008,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA,PIEPHO AND BONILLA, NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2008/ -Z( SUBJECT: Amending the Road Improvement Agreement and Approving the first Extension of the Road Improvement Agreement for Road Acceptance 06-01208 (cross-reference Subdivision 04- 08856), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director. These improvements are approximately located on Dougherty Road, San Ramon (Dougherty Valley) area. The following substitute security to guarantee the completion of road improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date. Security with Shapell Homes, a Division of Shapell Industries Inc., a Delaware Corporation, as principal in the form of a corporate surety bond rider (Bond No. 929 390 933) dated September 23, 2008 and issued by National Fire Insurance Company of Hartford in the amount of$2,142,200.00 for faithful performance. The Public Works Director having recommended that she be authorized to execute the first agreement extension which extends the Road Improvement Agreement between Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation and the County for construction of certain improvements in Road Acceptance 06-01208 (cross-reference Subdivision 04-08856)through October 3, 2009; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 82% ANTICIPATED DATE OF COMPLETION: 2012 REASON FOR EXTENSION: The remaining road improvements will be deferred until economic conditions improve, PEJc I hereby certify that this is a true and correct copy of an action Originator;2008ublic RA 06-01208 BO-I Ldocx taken and entered on the minutes of the Board of SupervisorsOriginator: Public Works(ES) Contact: Monish Sen(313.2187) on the date shown. cc: Public Works—Construction Current Planning,Department of Conservation and Development d T—July 3,2009 ATTESTED: m L Shapell Homes Attn:Sam Worden DAVID TWA, Clerk of the Board of Supervisors and County 100 North Milpitas Boulevard Administrator Milpitas,CA 95035 National Fire Insurance Company of Hartford 2355 East Camelback Road,Suite 500 Phoenix,AZ 85016 By. Deputy RESOLUTION NO.2008/. SUBJECT: Amending the Road Improvement Agreement and Approving the first Extension of the Road Improvement Agreement for Road Acceptance 06-01208 (cross-reference Subdivision 04- 08856), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director. DATE: November 18, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the Road Improvement Agreement approved by the Board on October 3, 2006, is hereby AMENDED to allow the performance/maintenance bond rider for the above- mentioned corporate surety bond. BE IT FURTHER RESOLVED that the recommendation of the Public Works Director to extend the Road Improvement Agreement is APPROVED. RESOL UTION NO. 2008/1?.2 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: Road Acceptance 06-01208 Developer: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. Original Agreement Date: October 3, 2006 1st Extension New Termination Date: October 3 2009 Improvement Security Surety: National Fire Insurance Company of Hartford Bond No. (Date): 929 390 933 (August 3, 2006) Rider (September 23, 2008) Security Type Security Amount Cash: 112,900.00 (1% cash, $1,000 Min.) Bond: 2,142,200.00 (Performance- Rider) 11,172,500.00(Performance-Original) 5,642,700.00 Labor and Material The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: October 9,2008 rOR CONTRA COSTA COUNTY Julia R. Bueren, Public Works Director Dd e per's Signature(s) e.. 7r v r r a Printed R OMMENDED FOR APPROVAL:D v s By: b Printed Engineering ervices Division) 100 N. Milpitas Blvd., Milpitas CA 95035 Address NOTE.• Developer's, Surety's and Financial Institution's Signatures must be Notarized.) National Fire Insurance Company of Hartford Surety or Financial Institution FORM APPROVED: Victor J. Westman, County Counsel 2355 &-Camelback Road, Suite 500, Phoenix,AZ 85016 Address After Aypro val Return to Clerk of the Board Attorney in Facts Signature Pamela L. Stocks,Attorney-in-Fact Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 16. 2008 before me, Smiley K. Sandhu Notary Public, personally appeared J.C. Truebridge and Samuel S.Worden who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)+s re. ubscribed to the within instrument and acknowled ed to me that IaeEshe he executed the same in eir uthorized capacity(ie , and that by ' he' ignature s)on the instrument the gM y K. person(s), or the entity upon behalf of which the person(s)L6t;,ornMMSIOn#1573474 acted, executed the instrument. Notary ft"c-CautorNc Santa c1macow* I certify under PENALTY OF PERJURY under the laws of 1MYCOMM. m3AM26, the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' Seal) Signature POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,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 instruments of similar nature In Unlimited Amounts- and to 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 is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of February,2006. cnsuqContinental Casualty Company FQ 1NSURgyC or°a"'oF g National Fire Insurance Company of Hartford zw cofIeORArp 0 z P 4WW 11x0 a American Casualty Company of Reading,Pennsylvania O Q 7 ; JULY II, SEAL v I90z a 1897 NARI b • Thomas P.Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 14th day of February,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL" MARIA M.WDINA Notary mission Exec.of I V • 1 kMycommissionExpirn3/16!009: L My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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 the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 9th day of October 2008 GAS ELgt? LNSUR4 OPANYuA Continental Casualty Company NSF tP National Fire Insurance Company of Hartford zW OORPa+arF pcarfo American Casualty Company of Reading,Pennsylvania Z a JULY II. OU SEAL 1902 1891 NARK Mary A.Rikai@kis Assistant Secretary Form F6853-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attomey 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 attomeys-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 attomeys-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 thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice 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 17` h 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 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 VI--Execution of Obligations and Appointment of Attorney-In-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 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 President or any Executive,Senior or Group Vice President may at anytime revoke all power and authority previously given to any attorney-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 17` h 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 By-Law duly adopted by the Board of Directors of the Company. Article VII—Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior Vice President may,from time to time,appoint by written certificates attomeys-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 Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attomey-i n-fact." This Power of Attomey 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 17` h 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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 9, 2008 before me,Beverly A. Hall, Notary Public r Data Here Insert Name and Title of the Officer personally appeared Pamela L. Stocks Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/XM subscribed to the within instrument and acknowledged to me that 1414/she/ticWexecuted the same in f4f444her/tla*authorized capacity#W, and that by thed*x9Ksignature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. SEVER Y A. N4L Comm4ftn! 1717M9 It Notary ryum.Caw*"" I certify under PENALTY OF PERJURY under the laws Lot ArgeM County of the State of California that the foregoing paragraph is Cann Jtr 1 E011 true and correct. WITNESS my hand and official seal. Notary Seal Signature :77' A Sig tur of otary Public MIUAff SURET 'RA 06-01208(XREF SUB 8856)Gale Ranch Phase IV INCREASE - DECREASE RIDER TO BE ATTACHED TO and form part of Bond Number— .929390933 issued by the National Fire Insurance Company of Hartford as Surety,an behalf of Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp. of Milpitas,CA hereinafter referred to as the Principal,and in favor of Coin of Contra Costa of Martir ez,CA hereinafter referred to as the Obligee, effective the 3rd day of ____—August 2006 IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 23rd day of September__2008 ,and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby *`DECREASED** from the sum of Eleven Million One Hundred Seventy Two Thousand Five Hundred No/100"* __ Dollars($ 11172 500.00** ),to the sum of Two Million One Hundred Forty Two Thousand Two Hundred No/100***_ Dollars($ 2,142,200.00*** ) IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Eleven Million One Hundred Seventy Two Thousand Five Hundred No/100**_-- Dollars($L1,1Z2.500.00** ) or for any loss occurring subsequent to said date shall not exceed the sum of Two Million One Hundred Forty Two Thousand Two Hundred No/100*1* _ Dollars($ 2,142,200.00*** ) In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 23rd day of September, 2008 Accepted By: Shapell Homes, a Division of Shapell Industries, Inc., County Contra sta A Delaware Corporation Principal By _By Seal) By Seal) Nationa Insurance.Company of Hartford Form F4763 S ty) Seal) Pamela L. Stocks, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On September 25, 2008 before me, Smiley K. Sandhu Notary Public, personally appeared J.C. Truebridae and Ken Cox who-proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) i ar subscribed to the within instrument and acknowledged to me that he executed the same ihis/he r ei uthorized capacity(ies), and that by klis/#leF eir ignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.SMILEY X.=DHU OJIMV Commission#1573474 NotaryPublic-California I certify under PENALTY OF PERJURY under the laws of Santa Clara County the State of California that the foregoing paragraph is true Comm.ExoresApt 26,2 and correct. WITNESS my hand and official seal. r Seal) Signature POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA 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 signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(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 instruments of similar nature In Unlimited Amounts- and to 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 is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 15th day of August,2006. GAS LNSURq OP Continental Casualty Company National Fire Insurance Company of Hartford F cocwa+ArF S Nca+arro American Casualty Company of Reading,Pennsylvania Z JULY 71. CU SEAL Isu 1897 HAR Thomas P.Stillman Senior Vice President State of Illinois,County of Cook,ss On this 15th day of August,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL" ; MARLA M.MEDINA My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation 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 the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 23rd day of Pntpmbr-x n 0AMS tJ,tNSUR Continental Casualty CompanyIrltq' National Fire Insurance Company of Hartford ca1°O1L+TF sPa+ar c American Casualty Company of Reading,Pennsylvaniap 0 •:. y, w ro s JULY J SEAL Mary A.qikaekis Assistant Secretary Form F6853-11/2001 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 thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any.attorney-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 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 VI--Execution of Obligations and Appointment of Attorney-In-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 attomeys-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 President or any Executive,Senior or Group Vice President may at anytime revoke all power and authority previously given to any attorney-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 17` h 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 By-Law duly adopted by the Board of Directors of the Company. Article VII--Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President of any Executive or Senior Vice President may,from time to time,appoint by written certificates attomeys-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 Executivc,Senior Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attomey 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 17' h 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 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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On September 23,2008 before me,Beverly A. Hall, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pamela L. Stocks Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isAw subscribed to the within instrument and acknowledged to me that 1476/she/tbWexecuted the same in Wher/#*&authorized capacity, and that by Vher/ xgK signature(s) on the r. instrument the person(2g), or the entity upon behalf of BMRIV A. HaL which the person(a) acted, executed the instrument. Commlu#on i {Ti?M C"publille-C I certify under PENALTY OF PERJURY under the laws i Los of the State of California that the foregoing paragraph is T li •soul true and correct. WITNESS my hand and official seal. Notary Seal Signature Signa a of Notary Public