HomeMy WebLinkAboutMINUTES - 11182008 - C.5 P
TO: BOARD OF SUPERVISORS - �� Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO 's Costa,
DATE: November 18, 2008
County
SrA cotiri't•t
SUBJECT: Amending the Road Improvement Agreement and approving the first Extension of the Road
Improvement Agreement for Road Acceptance 06-01208, San Ramon (Dougherty Valley) area.
(District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/72 C 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.
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer partially completed the required improvements and requested a reduction of the bonding
obligation proportionate to the remaining work, which will be completed when economic conditions improve.
CONSEQUENCES OF NEGATIVE ACTION:
The bond obligation will not be reduced and the Road provement Agreement will not be renewed.
WZ42
Continued on Attachment: SIGNATURE: C. 4
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON md`"V APPROVED A9 RECOMMENDED OTHER
voTE'oF SUPERVISORS I hereby certify that this is a true and correct
✓_ UNANIMOUS(ASSENT J G ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date Shown.
PE:jc
G:\EngSvc\60\2008\I I-I8\RA 06-01208 BO-1 Ldocx
Originator: Public Works(ES) ATTESTED• 0416
Contact: M arks Sen(313-2187) DAVID TWA, Clerk of the Board of
cc: Public Warks—Construction
Current Planning,Department of Conservation and Development
T-July 3,2009 Supervisors and County Administrator
Shapell Homes
Attn:Sam Warden
100 North Milpitas Boulevard
Milpitas,CA 95035
National Fire Insurance Company of Hartford By , Deputy
2355 East Camelback Road,Suite 500
Phoenix,AZ 85016
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: \200Public Works(-01208 60-I l.docz taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES)
Contact: Monish Sen(313-2187) on the date shown.
cc: Public Works-Construction
CT-Ju Planning,Department of Conservation and Development
T-July 3,2009 ATTESTED:
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.
RESOLUTIONNO. 20081
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
FOR CONTRA COSTA COUNTY
Julia R. Bueren, Public Works Director Dd e per's Signature(s)
J. e ,
Printed
®ROMMENDED FOR APPROVAL: D v r
By: Printed
(Engineering ervices Division)
100 N. Milpitas Blvd., Milpitas, CA 95035
Address
(NOTE, Developer's, Surety's and Financia/
Institution's Signatures most be Notarized,) National Fire Insurance Company of Hartford
Surety or Financial Institution
FORM APPROVED: Victor J. Westman, County
Counsel 2355 E-Camelback Road, Suite 500, Phoenix, AZ 85016
Address
ARerAporoval Return to Clerk of the Board C.-%'
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)is re ubscribed to the
within instrument and acknowled ed to me that heEshe he
executed the same in eir uthorized capacity(ie
and that by fiis/# he' ignature s)on the instrument the
SnnM K.SAHUHu '`� person(s), or the entity upon behalf of which the person(s)
' COMMUM#1573474 [ acted, executed the instrument.
man PLdft-cauftmia {
Soft cimacow* I certify under PENALTY OF PERJURY under the laws of
OWN MNCrn.00MBApr2e,2o 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 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 14th day of February,2006.
�CAS Uq<T %NSUR4co Continental Casualty Company
SAP t�P� F say° act National Fire Insurance Company of Hartford
ZW OORPORAif o; a � 9aewytFo American Casualty Company of Reading,Pennsylvania
Z JULY 11,
OU SEAL
a _
1897 � MARtf� 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.
w N��H HNHN�������•
'OFFICIAL SEAL- ;
j MARIA M.MEDINA
♦ Mowry PUDiie.
� of Illinois
My Cmrmation ExpH 3/16109 • ,�1 / `W'^`J \n_ LIQ/
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
9-Ch day of October 2008
gP�CA's�arNSUR4* D�PVANYOA Continental Casualty Company
ao� National Fire Insurance Company of Hartford
OORPORATf i c - uSg�Ncm+Po9arro American Casualty Company of Reading,Pennsylvania
Z 9 a sggg /LILY 11,
OU SEAL g Fs e Isn _
1897 HARrf b •
Mary A. Rikafjkis 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 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 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'"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 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 17`"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 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 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'"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
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( isAW subscribed to the
within instrument and acknowledged to me that
Mb/she/tbWexecuted the same in NWher/iVar*authorized
capacity and that by 14Ye'/her/their signature(s) on the
instrument the person(g), or the entity upon behalf of
IMPLY A NAIL which the person(%) acted, executed the instrument.
oqh� � 17 I certify under PENALTY OF PERJURY under the laws
Los Angew County of the State of California that the foregoing paragraph is
CafnM N0jM) 2q11 true and correct.
WITNESS my hand and official seal.
Notary Seal Signature tCAL/a—
Sig tur of otary Public
CNASURETY RA 06-01208(XREF SUB 8856)Gale Ranch Phase IV
INCREASE - DECREASE RIDER
TO BE ATTACHED TO and form part of Bond Number 929390 933 issued by the
National Fire Insurance Compal of Hartford as
Surety, on 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 _County of Contra Costa_i
of _Martinez, 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($_L,172,500.00**_) 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($
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'*" 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?�7,v
--- - —(Seal)
By --- --- - ---- -(Seal)
National Company of Hartford
Form F4763ty)
--�?1 --_-_-._ (Seal)
Pamela L. Stocks, Attorney-in-Fact
v
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 i his!heF ei uthorized capacity(ies),
and that by hisftlec eir ignature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)
_ SMILEY K.SANDHU acted, executed the instrument.
Commfsslon#1573474
_� Mary Pubic-caBfomla f I certify under PENALTY OF PERJURY under the laws of
Santa Clara county I the State of California that the foregoing paragraph is true
MyComm.&OresApr 26,2 and correct.
WITNESS my hand and official seal.
(Seal) Signature
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know Pell 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.
CASLL�(l� tNSURqContinental Casualty Company
,rPF National Fire Insurance Company of Hartford
GWOPA 0 � �Mc p+arro American Casualty Company of Reading,Pennsylvania
F yv
Z s s JULY 21,
OU SEAL 1902
1897 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 swom,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'
MARIA M.MED NA
• No,ery Public,8tt•of MHrwi• • �� •L• • ` Y�..�
� . C�r 3/161W
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
2o�rd dayof Sr3n pmhEr
GAS U,1lT INSURq tea• - Continental Casualty Company
National Fire Insurance Company of Hartford
cawonAre dg�waa"a+ar�e American Casualty Company of Reading,Pennsylvania
Z S w s S JULY 11.
�u SEAL g 1902
1897 HARD •
Mary A.qikai6kis 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 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 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 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 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 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-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, an Executive Vice President or any Senior or Group Vice President and the seal of the
Corporation maybe 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 Signers)
who proved to me on the basis of satisfactory evidence to
be the person(g) whose name(a) is/X! subscribed to the
within instrument and acknowledged to me that
kt/she/thWexecuted the same in hWher/i authorized
capacity(*#, and that by lWher/*xe x signature(&) on the
instrument the person(s), or the entity upon behalf of
SMOLY�YA Mt. which the person(s) acted, executed the instrument.
Commftwn• 171?w
_ y Notary fuW10•CalllonYo I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Notary Seal Signature
Signa of Notary Public