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Home My WebLink AboutMINUTES - 12052006 - C.17 TO: BOARD OF SUPERVISORS Contra '.f FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR .a Costa w , _ DATE: December 5, 2006 srA �esx County SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street (South), Road Acceptance 06-01229 (cross-reference Subdivision 99-08381),being developed by Shapell Homes, a Division of Shapell Industries,Inc.,a Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Road Acceptance 06-01229 (cross-reference Subdivision 99-08381), approving the Road Improvement Agreement the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street (South), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Road Improvement Agreement has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. Continued on Attaehment:_Le�� SIGNATURE: _heRtCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,�I PROVE OTHER SIGNATURE (S): ACTION OF BOA ON 0,7W cY APPROVED AS RECOMMENDED OTHER VO K OF SUPERVISORS I hereby certify that this is a true and correct ✓ UNANIMOUS VA,G4,n - �/ /!/�) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Originator: Public Warks(ES) Contact: T.Ric(313-2363) :y vz GEu 0.5-,o?.aroG :\EngSvc\BOL006\12-OS\BO-15 RA 06-1229.doc ATTESTED:Alz.,,gyb-;,� cc: Public Works- Construction 1, Current Planning,Community Development JOHN CULLEN, Clerk of the Board Of T—Octobers,2008 Supervisors and Count Administrator Shapell Hames l� y 100 North Milpitas Blvd Milpitas,CA 95035 Atm:Sam Worden and Jim Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 By ,Deputy ALM:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilkema,Piepho,Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN: None ` RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street (South), Road Acceptance 06- 01229(cross-reference Subdivision 99-08381),being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located near Camino Tassaj ara and Blackhawk Drive. The following document was presented for Board approval for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street (South), Road Acceptance 06-01229 (cross- reference Subdivision 99-08381) property located in the Danville area, Supervisorial District M. A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of road and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action Originator Public Works(ES) Contact: T.Ric(313-2363) taken and entered on the minutes of the Board of Supervisors LB:r2 on the date shown. G:\Engsvc\B0\2006\12-05\BO-15 RA 06.1229.doc cc: Public Works- Construction Current Planning,Community Development ` T—October 5,2008 ATTESTED: ze e, ,/-e- Shapell ShaHomes 100 North Milpitas Blvd l3 JOHN CULLEN, Clerk of the Board of Supervisors and 100 Milpitas,CA 95035 County Administrator Atm:Sam Warden and Jim Gold National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela L.Stocks By �� ,Deputy RESOLUTION NO.2006/ �`g� SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters for Massara Street and Charbray Street (South), Road Acceptance 06-01229 (cross-reference Subdivision 99-08381), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: December 5, 2006 PAGE: 2 I. Cash Bond Performance Amount: $2,400.00 Auditor's Deposit Permit No. DP 472597 Date: October 25, 2006 Submitted by: Shapell Homes Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390949 October 17, 2006 Performance Amount: $239,100.00 Labor&Materials Amount: $120,750.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permit.s are on file with the Public Works Department. a RESOLUTION NO. 20061 ROAD flAPROVEMENTAGREEMENT Developer: Shapell Homes, a Division of Shape]] Industries, Inc.,a Effective Date: (((( ►►►► �� '��— �% Delaware Co �2Q 1 Development: Completion Period: 2 year RA 06-01229 ,7C� J Road: Alamo Creek Bioretention Street Filters Massara Street and CharbraySt.(South) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Matirice M.Shiu,Public Works Director By: (signature) (print name&itte) 12o5�'t' .V• IVI�dYP� 1�-SSj-. V RECOMMENDED FOR APPROVAL L. By: AA (signature) Engineering 1 n (print name&title) est FORM APPROVED: Victor J. man,CountyCounsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with die designated representative groups pursuant to Corporations Code S313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Developer, mutually promise and agree as followsconcerning this development: 2. IMPROVEMENTS. Developer 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 development 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). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good 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 plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee. $ 2.400.00 cash,plus additional security,in the amount of$ 239.100.00 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 Developer 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 Payment: Security in the amount of$ 120.750 00 which is fifty percent(50a/o)of the estimated cost of the work. Such securityis 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-3.406 and S94-4.408 of the Ordinance Code, 4. GUARANTEE AND WARRANTY OF WORK. Developer 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. Developer 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 18,2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE WITNESS my hand and official seal. Commission#1597428 •� Notary Public-California Santa Clara County My Comm.ExpimsAug 24,2o09 Sign ture of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement RA06-01229,Alamo Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. p d COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 ani a on (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB I TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 700.44 Sale of Prints 004660 9931 REV 6X4475 8,523.00 RA 04-01159 Road Insp Ext 000651 9660 6LO76B 250.00 SD02-08632 Landscape Ext 250.00 SD02-08685 250.00 DA02-00014 Landscape Ext 250.00 SD04-8902 Monument Fee 6LO81D 500.00 Corner Records 4061 16LO88D 10.00 FS 0 400011 Fee for Service F I F 6L83PV 22,700.00 Trust Fund 819800 0800 3,900.00 000649 9665 64,800.00 TOTAL $ Eng Svcs: G1203796=G1203836 Void G1203835 DEPOSIT 102,133.44 Deposit consists of the following items COIN and CURRENCY $ 357.75 CHECKS, M.O., ETC. $ 101,775.69 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE I ZS: G ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Sigr ed Date _/_ 9 Signed: Signed: Title:'- EXT. Deputy County Audtor Deputy County Treasurer D-34 Rev.(7-93) t, (tv\oC6 i ES t 1 �S.✓ e.f C � 819800-0800: 61203828, $1,500.00, RA 06-01222, Cash Performance Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203830, $2,400.00, RA 06-01229, Cash Performance Bond, Shapell Homes, 100 North"Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203829, RA06-01222, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 $10,400.00 Road Improvement Agrmt Inspection Deposit $5,000.00, Road Acceptance Plan Review 0649-9665 / 112300: G1203831, RA06-01229, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 $14,400.00 Road Improvement Agrmt Inspection $5,000.00, Road Improvement Plan Review 0649-9665 / 112300: 61203833, $30,000.00, Fee for Service, Lyon Vista del Mar, 2603 Camino Ramon, Suite 150, San Ramon, CA 94583-4289 . . d w , Bond No.: 929 390 949 Development: _ RA 06-01229 Premium: $1,793.00 Alamo Creek Bio-Retention Street Filters IMPROVEMENT SECURITY BOND Massara St&Charbray St. (South) FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499,10) 1. RECITAL.OF ROAD IMPROVEMENT AGRI:FMENT: The Developer(Principal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 06-01.229 to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: Sb, ell Homes,a Division of Sha ell Industries, Inc., a Delaware Corp. as Principal and National Fire Insurance Company of Hartford ,a corporation organized under the laws of the State of IL , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Two Hundred Thirty Nine Thousand One Hundred and 00/100 Dollars ($ 23),100.00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: One Hundred Twenty Thousand Seven Hundred Fifty and 00/100 Dollars ($ 120,750.00 )to secure the claims to which reference is made in Title 15§§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded Principal, or principal's 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 agreement and any alteration thereof made as therein provided on it 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. t ) As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa 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 (2.8.) above, is such that said Principal and the undersigned as corporate surety are held finely bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and otherpersons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in fall force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on October 17, 2006 Shapell Homes, a Division of Shapell Industries, PRINCIPAL: Inc., a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500 City: pi A , 3 Clty P oenix, A 5016 By: 1� By: t e�✓ Print Name: eoL)e i-� !�- Mcofe, Print Name: r Pamela L. Stocks, Attorney-in-Fact Title;Nan-,ic.: 7� Title: Attorney-in-Fact J By: Printn Title: cii--. Sej�'j MW G GCnpUmn\tinbSvdlonns\l3N WORD\i3N-9,doc ��w OClot+cr J7 2004 c CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 18,2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument,the persons or the entity upon behalf of which the persons acted, executed the instrument. r►, JANiCE t KRUSE WITNESS my hand and official seal. _ Commission#1597428 Notary Public-California Santa Clara County - MlyCornm.ExPIresAug 24,2009 Sign ture of Notary Public Optional Information Title or Type of Document: Security Bond - Road Improvement 929390949,Alamo Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shavell Industries, Inc. - 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 seats herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,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. GASugtrh %1A OW Continental Casualty Company ,3I q .• A National Fire Insurance Company of Hartford CORPORATE 0 5�„totnay>ra a American Casualty Company of Reading,Pennsylvania y a JULY 11, OJ SEAL. `Z sy e 19R 1 a97 NARK - • - 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. j -OFFICIAL SEAL' ; i MARIA Al tau of A • V Coo Russia.Sbt•OI all m1• • �� •1. • `��_" i MP CanMf4on E.pi•.711610Y i 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 17th day of October 2006 . 0TOWORArt Continental Casualty Company �tsuAq�� National Fire Insurance Company of Hartford � �"%q&W,.W4?to American Casualty Company of Reading,Pennsylvania Y�-NARh • - /w•/ Mary A.qikafjkis Assistant Secretary Form F6853-11/2001 T 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 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 17i°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 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 17ih 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 Attomey-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 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 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 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-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'"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 October 17, 2006 before me, Sandy Hanner- Notary Public Oate NAME. TITLE OF OFFICER.. 'JANE OOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) (X) personally known to me — OR — (T) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Am subscribed to the within instrument and acknowledged to me that ke/she/ttft executed the same in*gs/her/flxair authorized capacity0es), and that by hialher/ptAU signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. _ SAMN WWNER WITNESS y hand and off' eal. LeConxnlssbn 0 1672602 Notary RAft -Ccfomlo SIGNATURE OF NOTARY Los Angels County My Camn JW 2,2010' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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 PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.107428.5