The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-559 OeI7 THE 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: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 559 SUBJECT: Approval of Road Improvement Agreement for Monarch Road, RA 1117 (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 Monarch Road, road acceptance file RA 1117 (cross-reference Subdivision 7984) 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 SGxw taken and entered on the minutes of the Board of Supervisors on G.1GrpbatalEngsvcl130\200219-17-021RA 1117130-15#2.doc the date shown. Originator. Public Works(ES) Contact Teri Hie{313-2363} ATTESTED: SEPTEMBER 17, 2002 cc: Pubic Works- T.sell,cottatDeven JOHN SWEETEN Clerk of the Board of Supervisors and County Cumin Planning,Community Development p T—July 2003 Administrator Shapell Industries of Northern California P.O.Box 361169 100 North Milpitas Blvd Milpitas,CA 95035 Arr:Sam Worden&Steve Savage By _ Deputy National Fire Insurance Company of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO. 2002/ 559 SUBJECT: Approval of Road Improvement Agreement for Monarch Road, RA 1117 (cross- reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: September 17, 2002 PAGE: 2 I. Cash Bund Performance Amount: $17,100.00 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 Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247968, July 12, 2002 Performance Amount: $1,691,800.00 Labor&Materials Amount: $854,450.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/559 RQAD II F-&QVEMFNT AGREEMENT Deve!.Oper ShapeIl Industries of Northern California Effective Date: f l 7P O Deve apment: RAI 117(cross-reference SUB 7984) Completion Period: T year RoatE Monarch Road Tlil ">E SIGNATURES ATTEST TO THE PAR'T'IES'AGREEMENT HERETO: Mautxce M.Shiu,Public Works Director Shapell Industries of Northern California CF REC(< MT3NDED FOR APPROVAL �L. �/#�. V i 5 nJ M G 1 �. i eerie Division (: nt t� ) - 57 j APP$CVED. icsor J.Wessman,County Counsel (NOTE: All signatures to be acknowledged. USubdivr'der is incorporated,signat>ues most conform with the designated representative groups pursuant to Corporations Code 8313.) 1. PART $&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"(;N y,"and the above-mentioned Devel er, mutuay promise and agree as follows concerning this development: 2. 24MOVMl"I"S. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrar0s,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file wild 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 workmAlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulingx;nade:thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. WRQVEbZN1 SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County; A. For P K o auce and Crlrara=: $17,100 cash,plus additional security,in the amount of$1,691,800,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. 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 acceptaice against any defective workmanship or materials or any unsatisfactory performance. R For Pj=mt: Security in the amount of$854,450,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 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 iiuced in accordance with 5944.406 and S944.408 of the Ordinance Code. 4. CsUARNTE A WARRANTY OF WORIG. 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 96-4.6,'Acceptance," of the OiJinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. r ; 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 ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establia anent work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works 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 Boa2d of Supervisors accepts the work as complete. 6. WROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section.2 and 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-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NNO 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+ ounty 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 materis4,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the CW.nty be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions.hereof. 8. MZMN1TY: Developer shall hold harniless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officem,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 definedbelow,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 defensof any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causingliability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable 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, suppliw%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 allegedjamage resulted partly form any negligent or willful misconduct of any Indemnity. 9. : Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PER_P_ORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain 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 incurre(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 complOt 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 if Developer subsequently complpts the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorley's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. it. WCORPOR.A.TION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete,the development is included in territory incorpwated 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 shallbe transfer,ed 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 thoui� Developer had contracted with the city originally. 12. CONSMERATION. 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 mad(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval CL:Iap GAGrpI7ti bkTm0w\Chrb\Pwjects\Gak RswhlRA I1 MRA 1117 AG-24.doc Rev.Apar;6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i tr State of California ss. County of On t _before me, --77 �t C.' '. Date Name and Title of officer(e.g.,*Jane Doe,Notary Public"} personally appeared ti t,� f (2) P— N ama(a)of ner(a) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(plf whose nameK is/afe subscribed to the within instrument and all. acknowledged to me that he/sheMey executed ah'S=E T KF2tJSE the same in his/he#44oi# authorized _ Commission of 1318697 capacity(4es}, and that by his/heck# r•- Notary Public-Califamia signaturoKon the instrument the personal, or Santa Clam County the entity upon behalf of which the persory< MyComm.FVlrea24 2005 acted, executed the instrument. TNESS my hand and official sem Signature of Notary Public OP AL Though the Information below is not required by law,it may prove va us to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document. o—kl--R- . Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ ( al Y Top of thumb here orporate Officer Title(s):_ ` ❑ Partner—❑Limited 11 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ;,..o C-- 0 1M —.-01$$$National Notary Association=9M Do soft)Ave.,P.O.ewr 2402•Chalinwrth,CA$1313-2402•www.nanoumotwy.org Prod.No.59or Reorder:Cali Toll-Free 14W-878.11627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of A Ct-AeA On before me, '`- - Data (� pp Namfe and Tft of Oer(e.g.,"Jane Doe,Notary Puble) personally appeared . _ LJit`ti,} �J �`., '- C-- e, �V , Name(s)of Signer(a) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose name,(,e}` is/efer subscribed to the within instrument and acknowledged to me that+e/sheexecuted db 46 M the same in -40s/her/their- authorized JANICE T.KRUSE capacity(iee; and that byher!##oieir JOWYCOM. Commission 1318697 signatureJ�ej'on the instrument the persorlW, or Notary Public-California the entity upon behalf of which the persor)W Santa Clara County acted, executed the instrument. EiVkw Aug 24,2005 TNESS my hand and official seal. Signature otNotary Public O !Y Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: `—' h:t i�.L `•.J`t t�� Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Vividual Top of thumb here IkCorporate Officer----Title(s): _ .�. ems„ ❑ Partner®❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Aepresenting kk ri 0 1999 National Notary Association•93551 De Soto Ave.,P.O.Boa 2402•Chatsworth,CA 91313.2402 www.notionshAwy.org Prod.No.5907 Reorder:Cali TolwPree 14;00.878.8827 r f R # 1 E y „ � ' # wig Nil ► �' • DEPOSIT , *' Depo%itcocWsts of the fo�ng' item WALT �k COIN wW CURRENCY $ 0101m r ! 0/ ,1 9.9 _ < # BANK► '! ” ) ► • DEPOSIT PERMIT D. NUMBER .*III► .. � .��. � s � s w DATE Z0599 !.�' } AM The amocnifof morW described above is for t •. lr. ��' r• Ti rrtfo. 00 r r.+ Y ®r- t.VUfVI T Vr%.VF4IKA 4V31A g DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TPlEASURER: MARTINEZ,CALIFORNIA RECEIVED FROM -lel ORGANIZATION NUMBER / FLITC t4v)Q) : (Far Cash Collection Procedures sea County Adndnistrotor's Bul6tin 105.j DESCRIPTION FUND/ORQ TC TASK OPTION ACTNATY AMOUNT ACAh in &LV j �iiJ I 1 S t i 1 I 1 1 I 1 i I 1 1 1 1 1 I 1 I 1 i 1 EXPLANATION: TOTAL :6 i DEPOSIT . I Deposit consists of.the following item CORN and CURRENCY $ CHECKS,MO„ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE ASSIGNED The amount:;)f money described above is for Treasurer's receipt of above amount is approvedReceipt of above amount is hereby deposi, into the County Treasury. cianowledged Signed Date Title XL - Signed. Deputy C"ty Tmomer D-34 REM(7-9-1.) t- A 000649-9665 / 831000: G1093825, $500.03, RS 2687 Record of Survey Map Check Fee, RMR Design Group, 1130 Burnett Avenue,, Ste A, Concord, CA 94520 000649-9665 / 831000: G1093828, $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, $40.525.97, RA 1114 Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093832, $3,596.00, LP 2081-00 Inspection Deposit, Preschool Coordinating Council, 1760 Chester Drive, Pittsburg, CA 94565 819800-0800: G1093833, $11,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 '�.-- 19800-0800: G1093834, $17,100.00, RA 1117 Cash Bond, Shap Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Bond No.: 929247988 Development: Monarch Road,RA 1117,SUB 7984 Premiton: $8,459.00 1WROVEMENT SEctwmY BOND Fait ROAD IMPRovmvmw AGREwvmIT (Performance,Guarantee,and Payment) (California Govenmrnt Code H 66499 066499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) lass executed an agreement (Rom Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Monarch Road, RA 11 IT SUB 7984 to complete said work within the time qecified for completion in the.Road Improvement Agreement,ail in accordance with State and local laws and rulings. BLIGATI®N. Shapell Industries of Northern California,A Division of Shapell Industries, Inc. ,as Prbc�*and Neffarelfbe as:u m QmRm of Hadba . a corporation organized under the laws of the State of CT , and authorized to transact surety busniess in California,as Surety,bereby jointly and severaIly bind ourselves, Drat heirs,executors,admuraistratars, successors auuul assigns to the Cou n of Contra Costa,California to pay as follows. A. perfos One Million Six Hundred Ninety One Thousand Eight Hundred dollars and 00/100 Dollars ; 1'691'800.00 l far itself or any city assignee under the above County Road Improvement.Agreement, plus B. Nyment: Eight Hundred Fifty Four Thousand Four Hundred Fifty Dollars and 00/100 Dollars($ 854,450.00 )to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. Comrr><om �,. Ure ConXition of this obligation as to Section{2.A.}above is such that if the above bonded Principal, hLiYs,axeecutors, adrninistrators, successors or assigns, shall in all t1figs stand to and abide by and well wd tmly keep and perform the covenants,conditions and provisions in the said agreement and Any slteration thereof glade as therein.provided on it or its part, to be kept and performed at the time and in die nvmw therein specified and in all respects according to their true intent and and swill,indermify and save hmm2ess the County of Contra Costa or arty assignee, its officers,agents and employees,as dwmk stipulated, then this obligation shall become null and void;otherwise it slam be and remain nz full farce and effect. t,t f 1" b # tt: 1 :` ^ +•! t" " ! . !# t .,lt : ! t • t± t• ! �#:. i i.. R RMI • 1. •.! ! •. �. ! e R• '- v �..:� • � t !, t. t'` f11• '-tt:;.f • •• ! !• 1! t • l:' • tt -• • • 1 a •. , : !# • 1 • • ! t • t• It" I ! • ! -:*.a !� '• 1#a• • M It 1- ! •. Ilr:t# !: :.1 .rll t. • • , / 1 tl ! 1 .• ' !. A.i• i 1 !. i 1•''. r 1. !` { t ^ • • . !• 5i# 1: ,! #' + l.b y.- !; '+�1l` !• >.! • It 1! - :! i t •," 9 • t ' Ib R• ' - R ! :�!• G '• 11 1 !' ! ' !♦i i• 1:! � !>: 11 •♦ • 1 ! Its` Ili tt :a �► I • z r • `1' t/ 1i !) • - • t ! ► 1,' W. } 1.' � tl f • 1 t I !, / 4 '7f.. - 11 } " ! • � i f ! 1 '. � f! i • R : ^'," • �# # R 4 1.,' ►•.t /" �.l. G ! ' .11'i ! !` 11 ! ;.R 1 •:.. -• t.. .;.�/ !' • t ♦ 17•I 1 : 1.•. Y• !i /I ! I ;ir• -• �." ''s Inti 1:t 1 L P! #1G#i` t ti� "! 1 Mo I .! t ^ • tR tr • 1! • 1 • t t11#! !" 1 •' • ! .+• ! ' 1 ! )1 ' ; !i # I ( r *• It," ! I al i • • • 1.' ^ 1 'L: 1 t' S !• Ilr; It 11 1 • «' I.R I . ! 1 • , �• ' • ..! !!R • :±#! +. . 1t1.' I ! fl R -71 • ► It: lit• I • # • • !.. '� !` " ! * ' ' 1 # 11.: ' # I > M°! ! ^ t,♦ ! " t• .4•' • t a'• 1 i ! t` - : 1 R 1 ' t.!.• 1 ' ' :r ! ! :Il;i {IR !' #:rt M 7. ':! 11 ' 11- R: ! 8;. ♦ 1 rrR • R rcavvr—M ur Ak I I UKNP Y AYMUIN t INU INUIVIDUAL ATT0RN=Y SIV-FACT KnO All Mon By These Presents,That C, ...,c.NTAL CASUALTY COMPANY,an lMnois ccrpo,,.tfcn, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connec&..=corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA, a Pesv^csyk-&,da ccrporitior (henvin collectively called the CCC Surety Companies'),we duty orgarfted and v Ind tg corporations having their principal oftlprs in tf;e City of`„h sago,and State of!!Timis,and that they do by virtue of the sigrnoturs and seals herein afteed hereby make, cormthft and appoint Marie A Cook Indhh4ually of M1ltnitus,California their true 4 lawful Attomey(s)-wt-Fact with full power and authority hereby cenfarred to sign,seal and execute for and on their beW bonds, undertak'utO and other obigatory ir=rumarft of similar=tire In Unlimited Amotm- and tri b Ferre horeby as it*and to the some extent as if such instrurnerrts were signed by a duly authorized officer of their corporatioj and all the acts 4 said Attorney,Pursuant to the authority hereby giver►airs hereby rartlfad and confirmed. This P eor of Attorney is mach and executed pursuant to and by authority of the By-Laws and Resclutirnn.s,Printed on the reverse hereof, duly adopt;.as" ,by the Boards of Direct=of the corporations. In Ntn�.Oss WherW,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their mrporate s uis to be hereto afFixed on this lath day of June 1998 CONTINENTAL.CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA tart e \ Iss:;~ ' Marvin J.Cashion Croup Vice President hats of ipincr€Is,County of Cook,ss: On this 18th day cf .lune 1M .behxe ma personally came riarvin J.Cwf bion,to me known,who,being by me duly sworn,did depose and say.,that he residers in the City of Chicago,Starts of Illinois;that e is a Group lice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and ,MERICAN✓,ASUALTY COMPANY OF READING,PENNSYLVANIA de=rlbed in arta which executed the above instrument;that he knows the oafs of said x;orporadons;that the seals affixed to the said instrument are such corporate saaW.that they were so affixed pursuant to authority iven by the t1cards of Directors of said corporations and that he signed his name thw7ft pursuant to like authority,and ackrmwiedges sires to •the act ant)dead of said corporations. Jo.{ r KOTA" Pam cx� _ My Commission Expires March 8,2000 Mary Jo Abel Notary Public CERTIFICATE 1.Mary A Ribiikawskis,Assistant Seery of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF ARTFORD,<jnd AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby car*that the Power of Attorney herein save set fort is aril!]in force,and Amther conify tat the By-txw said Resoludon of the Board of Directors of each corporation priMad on the verse,horeot are still in force. In testimony whereof subscribed my name and of ed the seals of the said corporations is- x+vsy of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN!CASUALTY COMPANY OF READING,PENNSYLVANIA' " c • fi leer n, cavl-� SF14t. Mary A Rib ikawskis Assistant Secretary 10/1/97) Authtl izing by-LaWS ana Ke5cl'uuvn }RTl»D BYE BOARD OF DIRECTORS OF CON—AFNTAL CASUALTY COMPANY. w . This PO ver of Attorney is rude and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of � he Compamf. "Ardcie M---Exeaudon of Documents So(don 3.Appantrne m of Att ornoy-in�f*t'rhe Chairman of the Board of Diroct=,to Presidont or any re, Senior or Group Vice Prs aident may,frier fto to time,appovit by written cortficates aftrnoys4n4act w act in behalf of the C.an Wq in the executim of pol cies i;sf irne urance, bonds,undertakings and other obligatory inxwxnwft of so nags.Such ail mays VI- subject to the itrnitstione set fortk�in their respective co dca of authority.shall have full power to bind the Company by their signawre and emouticrt of any such kwtrumn,cuts and to attach the seal of the Company thereto.The Chairman of the Board of Dirocl—cm,the President or any Executive, Senior or GrW4 Vics President or the Board of Dom,may,at any time,revoke all power and authority previously given to any attorney-in-fr * This Pcr.*w of Attorney is signed and seated by facsirnile under and by the authority of the following Rssckftn by the Board of Trrectors of:'ft Company at a meeting duly caged and held on the 17th day of February,ISM. 'Rtsolveid,that the signature of the President or any Executive,Senior or Group Vies President and the seal of the Company may be affixed ky facsimile on any power of attorney grafi pursuant to Section 3 of Article tX of the By-laves,and the signature of the Secretary or an Ass tant Secretary and the seal of the Company may be affixed by facsimile to any c ertiff ate of arty such power and or cer l ice is bearing such facsimile signature and seal shall be valid and bindle the Com �hY Power g on PAY•�Y such power so executed and sealed and certiffoo by certificate,so executed and sealed shall,with respect to any band or undertaking to~which it is aftched,continue to be valid and binding on the Company.' DPTED BY`THE HOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This PO*W of Attorney is made and executed pursuant to and by authority of the following By-Law 6*adopted by the Board of Directors of fie Company. "Article W—aecutlon of Obligations and Appointment of Attom y4n-Fact Se ton Z Appointment of Attsomey-in-fact The Chairman of ft Board of Directors,the President or any Executive, Senior or Group Vice Pr'45went may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of tie Company in the execution of polciestof insurance,bonds, undertakings and other obligatory instruments of Ike nature.Such •n-fact*subject to the limitations set ford in their respective cortificates of authority,shall have full power to bind the Ccmpany by theme signage and execution of any such- i nstnurn,aft and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke ;ll power and authority previously given to any attomey4n-hct' Trois P ver of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors d.tfhe Company at a meeting duly called and held on the 17th day of February,1993. `Rimohi4 that the signed urs of the President or any Executive,Senior or Group Vias President and the seal of the Company may be affixed�y facsimile on any power of attorney granted pursuant to Section 2 of Article Vl of the By-laws,and the signstum of the Soawwy or an As startSecretary and the sial of the Company may be affixed by facsimile to any certiffcate of any such power and any power or cortiff to bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sooled and c ortiffety by certificate so and sealed shag,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.` }OPTED BY:THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is Trade and executed pursuant to and by authority of the folkrwing Resclution.duly adopted on February 17, ISM by the Board c�.'Directors of the Company. .R,>.-:SOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to tfrn* appoint,by written certificates,Attrsmoys-in-Fact to act in behalf of the Corporation in the ascution of policies of Insurance,bonds, undwUlargs and other obilgatory Instnsnenhts of Ike nature.Sudo Attztmey-ln-Fact,subjoet to the Irntitatfons set forth in their respective certltftes of authority,shag have full power to bated the Corporation by their signature and execution of any such instrument and to attaxdn the ser.of the Corporation thereto.The President,an Ex Vices President,any Senior or Group Vice President or the Board of Directors may at;any time revoke all power and authority previously given to any Attomey-nt-Fact,' This P:ever of Attorney is signed and seated by facsimile under and by the authority of the fi ilowing Resclution adopted by the Board of Directors o€the Company at a meeting duty called and held on the 17th day of February,1S3. .R. SOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vroe President and the nasal of the Corporation may be affixed by facsimile on any power of atmmey granted pursuant to the Resolution adopted by this Board of Directors on Fetyvary 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<>ertsfxca#e of any such power,and any power or certificate beating such facsimile signature said seal shall be valid and binding on the Corporation .Any such power so executed and seated and cortfied by certificate so executed and sealed,"with respect to any bond or undertx king to which it is attached,continue to be valid and binding on the Caxporat er:. COUNTY Oil ,1u( 12 t702 ,before 111 , fi)66 Ll `._. PERS(.7NAIJ Y APPE D___Mario.&..5cSiok personally known to me (or proved to me on the Iasis of satisfactory evidence) to be the per'sonv wilose flame Oare subscribed to the within Instrument and a owled ed to me that he'9he.),they executed the a itis atheir authorized capacit . and that i>y hi he their signafuredf on i#7e instrument the persono,or the entity upon behalf of kkhich PANDORA LUI CHAN the persono acted,executed the instrument. � OZ Conuniaaion 11 1338611 Z Notary Public-California > WITNES and and off3ciai seri, My Santa Clara County Comm,Expires,Ian 10,2006 Signature _ ..�_ __ Gam.__ W_ 771.ts ama kr Official Notari.dSml OPTIONAL .--___ Though the data below is not required by law,it may prove valuable to persons relying on the document and could Prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIP71ON OF ATTACHED DOCUMENT i3 INDIVIDUAL CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT 0 PARTNER(S) Q LIMITED 0 GENERAL >r31 ATTORNEY WFACT NUMBER OF PAGES TRUSTEE(S) GLIARDIAWC ONSERVATOR OTHER: w DATE OF DOCUMENT 113ONER IS REPRESENTING: "AME cw PEra m OR EMMY61!s) t4ationa#Firs InsurgnceCompanyrd SIGNER(S)OTHER THAN NAMED ABOVE u ID-08'"Rov.spa ALL-PURPOSE ACKNOWLEDGEMENT