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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-557 THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: Bone ABSENT: Done ABSTAIN: None RESOLUTION NO. 2002/557 SUBJECT: Approval of Road Improvement Agreement for North Wedgewood Road,RA 1116 (cross-reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for North Wedgewood Road (formerly Acacia Road),road acceptance file RA 1116(cross-reference Subdivision 79 84)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of roadway 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 sG:ew taken and entered on the minutes of the Board of Supervisors on G:IGrpDatalEngSvcSO\200219-17-021RA 1116 BO-I5#2.doc the date shown. Originator: Public"Works(ES) Contact: Teri Rie{313-2363} ATTESTED. SEPTEMER 17, 2W2 C cc: Pubic Works T.Bell,Construction Current Planning,comrrixmity DevelopmJOHN SWEETEN,Clerk of the Board of Supervisors and County T--July 2003 Administrator Shapell Industries ofNorthem California P.O.Box 361169 100 North Milpitas Blvd. Milpitas,CA 95035 ATT:Sam Worden&Steve savage By ,Deputy National Fire Insurance Company of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 REstoL,UTION NO.2002/ 557 SUBJECT: Approval of Road Improvement Agreement for North Wedgewood Road,RA 1116 (cross-reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Raman(Dougherty Valley) area. (District III) DATE: September 17, 2002 PAGE: 2 I. Cash Bond Performance Amount: $11,200.00 Auditor's Deposit Permit No. DP 390599 Date: July 30, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Band Bond Company:National Fire Insurance Company of Hartford Bond.Number and Date: 929247967, July 12,2002 Performance Amount: $1,104,900.00 Labor&Materials Amount: $558,050.00 Principal; Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0, 2002/557 RO�jj�°PnO1�A'j�T AO:rREEAdENT Devetvper, Shapell Industries of Northern California Effective Date: Devc€opment: RA It 16(cross-reference SUB 7984) Completion Period: 1 year Road: Acacia Road THFAX SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COfzT�CtUNT1' DEVELOPER Maurice M.Shiu,Public Works Director Shapell Industries ofNorthem California By: (artrn nunextitkVZY tom. T� 1z rt r- 0 i R�?MMF ED FOR APPROVA?- �I 01 o; D M EngineeriA7oervicis Nvision (tit narm&title) ASSIST. 69C ` -rft / l AP RI' ayED: Victor Ywestman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative Stoups pursuant to Corporations Code$313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"CQuntv,"and the above-mentioned Dcvelotser. mutua#:y promise and agree as follows concerning this development: 2. ROY MF ENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrates,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file wifi 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 workni'mlikh manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulingi made thereunder,and where thew is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. Z-WR EMENT SES . Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County. A. For Performance and Guarantee• $11,200 cash,plus additional security,in the amount of$1,104,900,which together total one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: Cash,certtfted check or cashiers check. 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 acceptce against any defective workmanship or materials or any unsatisfactory performance. B. For Pa=_ent: Security in the amount of$558,0$0,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X__ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the 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 rlduced in accordance with 594-4.406 and 5944.408 of the Ordinance Code. 4. Q ARA i SAND WARR M OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform atisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"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. 5. PLANT ESTABLISIDMM WORD. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant i establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public U orks Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Boavi of Supervisors accepts the work as complete. 6. Z2govEMENJ PLAN W&BRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Sectionand as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-5.'ear guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as 'Jrotmed. 7. O WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the C6unty indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or material..:,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to halfill this agreement as prescnbed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the temps and conditions hereof. 8. 1Nj MNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemai'es benefited and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers;agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined elow,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,.claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense 9f any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributaAe to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied;or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged 4amage resulted partly form any negligent or willflal misconduct of any Indemnity. 9. Cows: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NQN-PERFOitlut MCF AND-COM:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to riamtsin the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complep and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even ifDevekrper subsequently complete the work. Should County sue to compel performance under this Agreement or to mover costs incurred in completing or maintaining the work,Developer agrees to pay all attorI ey's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPO TION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete, the development is included in territory incorpo#ated as a city or is annexed to an existing city,the County`s rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transfined to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as thout..h Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. _ County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval Mlap G.\Girpl)vlalEn&Svc\Ctuis\Projects\Gale Ranch\RA It i 61RA 1116 AG-24.doc Rov.Apiil 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _ ( On beforeme, ata Name and Me of Officer(e.g.,'Jene Dw,Nobry Puuk)� personally appeared Name(e)of Signer($) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Alare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in fiie/fter/their authorized capacity(ies), and that by 444he ltheir signature(s)on the instrument the person(s), or JANICE T KRUSE the entity upon behalf of which the person(s) Commission#1318697 acted, executed the instrument. i Notary Public-California Santa Clara County TNESS my hand and official zeal. My Comm.maims Aug 24.20M Signature of Notary Palo Though the lnformatton below is not required bylaw,it may prove valuable to persons reMng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tale or`type of Document: `� t t �j Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: El Individual ptop�t thumb here Officer—=Title(s): S-r 1 . " � Y`�C 'S Q ❑ Partner•--❑Limited ❑General ❑ Attorney-in-fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: C._ i D 1888 Natoml Nodry Anodaatm•49d0 ba$oto Ave..P.O.Box 2402•Chabwoft OA 81313.2402+www.nalionWnotery.org Prod.No.5907 Reorder.Cali Toil-Free 1.800-878.0827 r f "OM � 6ii* r ism �' � • 11MINN , din �► • mail so _ IMM MIMMI ► , _ WAW NO .�.. FOE:,� r. 01M M 9SWRIM am,': . .NMIMMI TOTAL ram' DEPOSIT W4 , mug D"wit consists of the items CON aM CURRENCY sCHECMMaETC. ' . FOR f ! ! ! ONLY DEPOSIT PERMIT r _ • : DATE •�. ! �f 21 amount P,"� money abovelsfor Treasurer's seireceipt of above i�amount i approved: F County Treasury. Signoaza, Date Sivyck t#:�i1t+iwr Deputy I UUN I T ur 1-UN i KA 9—VO)A } . DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER k LTC a (Far Cash Collection Procedures sere County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ACCT. TASK OPTION ACTIVITY AMOUNT 0 '4' ' ' 1 t GUlm 00 ; t r I r t t 1 r 3 3 1 r i .. t t t 1 r 1 i t r r t r r r i r t EXPLANATION: TOTAL $ DEPOSIT . Deposit consists of.the following iterns COIN and CURRENCY $ --- - --- CHECKS,MOETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATE t d ASSIGNED The amount is}marary deseribed above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby rleposiE mhs ihu C TreasurK acknowledged SignedDate I. Signed: T tle T -, Deputy Courrty Treosum D-34REV.(7-93< 000649-9665 / 831000. G1093825, $500.00, RS 268.7 Record of Survey Map Check Fee, RMR Design Group, 1130 Burnett Avenue, Ste A, Concord, CA 94520 000649-9665 / 831000. 61093828, $3,000.00, DP 3037-99 Inspection Deposit, Price Self Storage Walnut Creek, LLC, 11828 Rancho Bernardo Road, San Diego, CA 92128 000649-9665 / 831000• G1093831, $40,528.97, RA 1114 Improvement Plan Review, Shapely Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000. 61093832, $3,596.00, LP 208100 Inspection Deposit, Preschool Coordinating Council, 1760 Chester Drive, Pittsburg, CA 94565 819800-0800: 01093833, $11.200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800• 01093834, $17,100.00, RA 1117 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Bond No.: 929247967 _r Development: Aocib Road, RA 111 6J5UE 79a4 Prwlium: $5,525.00 LwRoVEMENT SECiJRiTY BOND Foye ROAD IMPitowmx r AGREEMENT (Performance, Guattwtee, and Payrnent) (Cahfbniia Government Code § 66499- 66499.10) 1. FtFaTAL OF ROAD IMPROVEMENT AGREEMENT: T1e Developer (Principal) has executed an agreement (Road Improvement Agree=nt)e� with the Coutnty t `n Mpnd pay for street, drainage and other im r ovements on, or alorng a oa . A 116f UB 7984) to cormlete said work within the time qecified for completion in the Road Improvement Agreement,all in;ccordance with State and local laws and rulings. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries, Inc. ;as P64d and National Firs Insurance co it of He"a corporation organized under the laws of the State of CT , and authorized to transact surety business in California,as Surety,hereby Jointly and severally bind ourwbes, our firs, executors,administrators, successors and assigns to the County of Contra Costa,CWornia to Pay as follows. A. pedo : One Million One Hundred Four Thousand Nine Hundred Dollars and 00/100 poles ($. 1,104,900.00 l for itseff or arty city assipee under the above County Road Improvement Agreement, plus B. paynMt.. Five Hundred Fifty Eight Thousand Fifty Dollars and 00/100 Dollars($ 558,050.00 )to secure the claims to which refere=is made in Title 15 §§ et seq of the Civil Code of the State of California. 3. COMMON: A. The Condign of this obligation as to Section(2.A.)above is such that if the above bonded Principal, heirs,executors,adn*dstrators,successors or assigns, shall in all tHugs stand to and abide by and wAI and truly keep and perform the covenants,conditions and provisions in the said agreement and aky dwration thereof made as therein provided on it or its part,to be kept and performed at the tie am in the nvinner therein specified and in all respects accotding to their true intent and memimig and .; indemnify and save ss the Cotmty of Contra Costa'or city assignee,its officers,agents and e<►plcyees,as therein stipulated,then this obligation shall become null and void,otherwise it shall be and remain its full farce and effect. ` •:t • • ! 1." # 1 ;rt #' `. ! 1.M !1 :!! '! 1 ♦ li• it 4+^ {t:.'+ • f t:`t `• C ► •` t'#'w 'ff l �' !f !!'_ • 1 % 4:" f li" t#� "t r 1:" ! + kt• f 1 i 4 t i i ! : ## i w :#! '" '+ f ;t ♦ r 1 1!• %1#t #" ifl t tt i.' +. 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R 1 '` 1 t.- - 1 ' t • f#s # � % •:• f , !:♦ 4 , t y .. r # «! f _ ► t i,` f • �' ek .• !. ` • tet # .71:+. tL4t ". it:.{ • 1 • f li �: N 4: a - C` e Y �, f _ -� • ^: . . -.-_. -_ a e• � � r tt � t � if ; tf, r r ff :rtl. •• rUVVhK U1 a t U NEY taPPt�INTING INDIVIDUAL ATTORNEY-IN-FACT KnovvWl Men By These Presents,That COs ATAL CASUALTY COMPANY.an 16ncis=rpci--.jn,NATIONAL FIRE INSURANCE :OMPAN OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA, a Persnsylvan� xarporation'(herein cxsllectively called"thio CCC Surety Corn `),ase duty organized and existing corporations having their principal offices in he City of Chicago, and State of Illinois, and that they do by vrct m of the suture and seats herein aftlxed hereby make,ocnaftft and appoint Marie k COOK In ` r fi Wil, California tieir true art#ll lawful AtLam+ry(s)-in-Fact with full paw and authority hereby conhvrod to sign,seal and execute for and on their berate#bonds, ndertaking0l,and Other oblitatry irarouments of similar nature -In UrWm trod Arnourytsr- nd to bind teem thereby as fully and to the same extant as if such instruments were signed by a duly authwtted Rcer rtf their corporations and it the ache o said Attorney,puntto the authority hereby given acres hereby raffAd and confirmed. This Fowler of Attorney is mads and executed pursuant to and by authority of the By-Lz ws and,Resolutions,printed on the reverse hsrod, Wy adopted,"as Indicated,by the Boards of Directors of the corporations. In t,1Vltntx. s Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President:and their :Morate se is to be hereto afllxed on this 18th day of ,lune 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRS INSURANCE COMPANY OF HARTFORD r, ot " AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA >szz 4 V> tare's: e 4 ItMarvtn J.Cashion Group Vice President area of t�nOi�, County Of Cook,ss: On this lath day of June 1998 .before me penally carte arvin J.Cat ion,to me known,who,being by rote darty sworn,did depose,and say_that he resides in the City of Chicago,State of Illinois;that i is a Group`ice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and vIERICAN C€kSUALTY COMPANY OF READING,PENNSYLVANIA descrted in and which executed the above k%*vnnent;that he knows tate als of said 6`vporAticns;that the seals affixed to the said instrument are Micas seals;that they were so affmd purstvant to authority ren by the S wds of Directors of said corporations and that he signed his name thereto pursuant to tike authority,and aclaa ata the act and:deed of said corporations. s NOTAW PUBUC My Commission Expires March S,2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A.F*ibiksw ids,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF aTFORO,arid AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby cardfy that the Power of Attorney teerain . ave set forth is stillin farce,and further certify that the By-Law and R of to Board of Directors of each coFperat#cr printed an the terse hVy *0 in .In testimony whe I have her nift subscribed arry name and affixed the seals of the said corporationss of , ,rte CONTINENTAL CASUALTY COMPANY �r M�" 00c4.; - MaryA. {c "°'�4* NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r 'i ` rAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANb4-3 SEAL Ribikawskis Assistant Secretary 0/1137) Authorizing By-Laws ani Kesolluuons PTED BY 1"AE BOARD OF DtREC7CRS OF CON ..,ENTAL CASUALTY COMPANY: w This Pau er of Attorney is made and executed pursuant to and by auttha ty of the following By-t.aw duty adop W by the Board of Dkedi rs of is Company.: "Article D4—EMx*cudan of Dorm ne iris Seejon 3.Appointmsrxt of Attome 4rk fact.The awman of the Board of Ewa,the P or airy Ehwe=ttiwe, Senior or Group Vice Pr edent may,from time to time,appoint by witten cgrdfcatw at#omsy*4 fact in act in bsW of the Canpwrf in the execution of policies insurance,bonds,undertakings and other obligatory instruments of Ike nattrte.Such atmrnhsyee-ivtoct subject to the&114ftdom sat fort.:In theme respective cwtilostm of authority,shall have full power to bind the Company by their sir►and nazido of any such instrumf.-ts and to attach the seal of the Cornpanythereto.The Chairman of tie Board of Obactoi the Pnesidis t or any Ehaecutdv*, Sw*r or Grou Vaca President or the Board of Directors,may,at any time,revoke all power and authority prsvioaady Oven to any aftomery-err-fait• This Power of Attorney is signed and sealed by facsimile under and by the authority of the following R by the Board of )ireci=of tie Company at a meeting duly railed and hold on the 17th day of Fe W%ary,1993. `Rvtolvo d,that the signature of the President or any Executive.Senior or Cv uoup Viae President and the seal of the Company may be afttsceid *facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Larws,and to signature of the Secratuy or an Asesif#ant Secretary and the seal of the Company may be affixed by facsimile fn any�ifpower or of any such power and any powor cartifla#Ie bearing such facsimile and seed shag be valid and binding on the Company.Any such power so and sealed and cartified by certificate so executed and sealed stsa0,with rasped to any bond or king to which it is atCachad, to be vaild and binding zuh the Company.` 7PTED BY"HEM BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF REACINC,PENNSYLVANIA: This Pulver of Attorney is made and phot to and by authority of to following By-Law duty adopted by the Berard of Directors of tw Compare f. "Article V�-aecution of obligations and Appo nhe nt of Aa nhsy4l=ast Se,}<>tion 2.Appcimment of Attorney-in-fad.The Chairman of the Board of Dkvctorz,the President or any l:eestire,Senior or Group Vice Pntsident may,fro n time to time,appoint by whttten certificates attorneys4s-fact to act in behalf of The Coaqxiiny in the execution of p�ollcis*of insurance, bonds,undertakings and other obligatory instruments of Wtv non.Such atiomeys,intact subject to ft Tlmitztiorerr set fortf.i in their respective certificates of authority,shall have U power to bind the Cssrpany by theme signature and execution of any such kwturnw is and to attach the seal oaths Company thereto.The President or any Executive.Senior or Group Vice President may at any time revoks 11 power and authority previously given to any attomey4n-fact." This Pt.-war of Attorney is signed and sealed by hicsings under and by The authority of the following Resolution adopted by the Board of Directors ofthe Company at a meeting duly called and held on the 17th day of February,1993. •RitsolveKd,that the signature of the President or any Executive,Senior or Croup We President and the seal of tine Company may be artfboed itq facsimile on any power of attorney granted pursuant to Section 2 of Article Vl of the By-Lairs,and the s%put.rrs of the Seaettry or an As ietant Secretary and the seat of the Company may be aff5oed by facsirnk to any certitScate of any such power and any power or csrtificite bearing such facsimile signature and seat shall be valid and binding on the Cornpany.Any such power so executed and seelsd and cenitleK by certificate so executed and sealed shall,with respect to any bond or undertaking to which itis attached,continue to be valid and birdinq on the Company! OPTED BYiTHE HOARD OF OIRECTORS OF NATIONAL FIRE INSURANCE:COMPANY OF HARTFORD: This P<iwer of Attorney is made and executed purwAnt to and by authority of the tbltawi V Resclu$m.duty adopted on February 17, 1933 by the Board df Dirsdars of the Company. .RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,tram time to tune,appoint,by written certificates,Attomsys4n-Fact to act in behalf of the Corporation in the execution of policies of kwurance,bonds, undertikingu and other obligatory hWuments of like nature.Such Atiarnsy4nr Pact,subject to the limitations so forth In their respective cer tificf rtes of authority,shag have full pour to broil the Corparaftri by their and execution of arty such in0%Imsnt:and to adt+r c h the sail of Itis Corporation thereto.'ahs President an Executive Vice Presidentt,any Senior or Group Viae President or the Board of Directors may M`any time revoke all power and authority previously given to any Attomsy4n-Fad.' This 1=ewer of Attorney is signed and sealed by facsimile under and by the authority of the f fiming Resolution adopted by the Board of Directors a the Company at a meeting duly called and hold on the 17th day of February,1993. 'F ESOLVED,That the signature of the President,an Executive Vice Prudent or any Senior or Group Were President and the seal of tie CP.iaoratian may be afteedd by facsimile on any power of attorney granted pursuant to the Resoiution adapted by this Board of Olrectors on Fef iruary 17, 1953 and the signature of a S or an Assistant Secretary and the eel of the Corporation my be asffbced by facsimile to anycertificate of any such power,and any power or certificate bearing such facsirnile signature and seal shall be valid and banding,or.the Corpombah,Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or under eking to which it is attached„continue to be valid and binding on the Corporation.` STATE OF_. Ss COtJNTY OF Ott July 12, 20O2 before nye, PERSONALLY APPEARED personalty known to me (car proved to me on the basis of sattsfactory evidence)to be the person whose narne s are subscribe to the within Instrument and a uwleclged to rite tl'at Ile/ they executed the a in h er elr authorized capaclfiy tand that b his their signature an the PANDORA LUI CHAN 0 instrument the Personf or the entity upon behalf of which Comml;slon#1336611 the person(s)acted,executed the Instrument. Notary Public-California Santa Clara County WITNESS and and official seal. Comm,Pxpir�Jan f o,2006 w Si ture � '7'7ats area tirr C11?3cia.1 h+otaxtal Seal OPTIONAL Though the data below is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [l CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ® PARTNtiRrSl 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES C TRUSTEE(S) D GUARDIAWCONSERVATOR 0 OTHER: [PATI;OF DOCUMENT SIGNER IS REPRESi=lWING: :NAFAE OF P'ERSON($)4R ENMTYOE5) National l=ire Insurance ComRany f HadfQrd_ SIGNER(S)OTHER THAN NAMED ABOVE - to-CW1 rtav WV4 ALL-PIJR.POSE ACKNOWLEDGEMENT