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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-560 / 0 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. 20021 550 SUBJECT: Approval of Road Improvement Agreement for Water Tank Access Road,RA 1119 (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 Water Tank Access Road, road acceptance file RA 1119 (cross-reference Subdivision 7984) 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 ofroad 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:1CirpDatatEngSvctBO\200219-17-021RA 1119 BO-15.doc the date shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: SEPTEMBER 17,_2002 cc: Pubic works- T.Bell,Construction Current Planning,Commamity Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—Jul 2003 July 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,"M Woodland Hills,CA 91367 RESOLUTION NO. 2002/560 SUBJECT: Approval of Road ImprovementAgreement for Water Tank Access Road,RA 1119 (cross-reference Subdivision 79984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: September 17, 2042 PAGE: 2 I. Cash Bond Performance Amount: $4,560.00 - Auditor's Deposit Permit No. DP 391023 Date: August 6, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number:'95-2578030 II. Surety Bond Bond Company: National Eire Insurance Company of Hartford Bond Number and Date: 929247976, July 25, 2002 Performance Amount: $451,400.00 Labor&Materials Amount: $228,000.00 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. 20021559 ROAD IIyIP_R_OVEMENT AGREEMENT Devel=oper; Shapell Industries of Notthem California Effective Date: Development: RA 1119(x-ref SUR 7984) Completion Period: 1 year Road. Water Tank Access Road THLa'E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COM--RA COSTA COUNTY DEVELOPER Maur><re M.Shiu,Public Works Directo .r HAA4+ BY ,I ( ) (prim nem d ) - REC(AIMENDED FOR APPROVAL � By7,w(signature) Engineeri ion (pylae nam ac ti > Fwa rvfe, MA,„N,y) FORI�t APPROVED: Victor J. ,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is iorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) l. PARTIES&BATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"QQM"and the above-mentioned Developer, mutualy promise and agree as follows concerning this development: 2. IlwiPROVEMEN S. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydraz<s,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plaits 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 therein i. Developer shall complete said work and improvements(hereinafter called"work") within the above completion period from date hereof in a good worlursartlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulingsmiade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. Count}; RAP'ROVEMENT SE ITY, Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the C A. F1orFqfQMpj&And Cittarantee: $4,560.00 cash,plus additional security,in the amount of$451,404.00 which together total one hundred percent (100'x;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 acceptwe against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$228,000.00,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the t<irm 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 materiazi to than 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:.,educed in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. SUARANTEE AND WARRANTY OF WORD. 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. 5. FLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant esta#lishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the tublic 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 Board of Supervisors accepts the work as complete. 5. ROPROVEMENT PLAN WARRANT`. Developer war-rants the improvement plans for the work are adequate to accomplish the work as promised in SectOn 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 eiie-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. +ATO,WAIM BY r_OU . Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of thc;County 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 materials,or payments,there tor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shah he County 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. MEN ZM Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officeas,agents,and employees. B. The " bi iti�r protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liabili#y,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defere of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actio s causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered bythis Agr�ment and attribisiable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. bion- i=: The promise and agreement in this section arc not conditioned or dependent on whether or not any Indemnitee has prepared, suppl.xl,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 all¢ged damage 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. ISI _I-MMEMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement and subsequent extensions, or failato 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`l 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 comple'a 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 complees the work. Should County sue to compel performance under this Amt or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all norney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORAIf, before the Board of Sum accepts the work as complete. the development is included in territory incorporated 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 trap "erred 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 though Developer had contracted with the city originally. 12. QONNQfAATION. 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 WI-TW G K ipDat\hugSvc\Wa?ent2t102\Augvst\RA 1119 AG-24.dac CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California I< ss. County ofC. b r� "� eX b r^r On , before me, ..J 7�ti 1-`)�C.�' . � ti �.`�Date Name and Title of Officer e. I ( g.,"Jane Doe,Notary Public") personally appeared ONkN I� Name(s)of Signer(s) ersonally known to me O proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s).-isfare I subscribed to the within instrument} and - acknowledged to me that•4ef e/they executed JANICE T.KRUSE the same in4►isf#er/their authorized Commission#1316657 z Santa tiara county capacity(ies), and that by /their Notary Public-California signature(s) on the instrument the persons), or I %*Comm.BmimsAug24,2I5 the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my hand and o sal se I. Piece Notary Seal Above Signature of Notary Public I• OPT1 AL I Though the information below is not requ may prove valuable to persons relying on the document I; and could prevent fraudulent removal and reattachment of this form to another document. CG 'Sv l Description of Attached Document ) Title or Type of Document: d_�z,, t5 r/\lI I Document Date: Number of Pages: i •' Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ ndividuai • Corporate Officer—Title(s) l 1 V `S St Top of mumu her® l ❑ Partner—El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i; ❑ Other: CSigner Is Representing: 3 C__ I� 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natlonalnotary.org _ Prod.No.5907 Reorder:Call Toll-Free 1.800.876-6827 COUNTY OF CONTRA COSTA �' rt 0 Ir --- DEPOSIT PERMIT �J , ; OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TR4SURER: i MARTINEZ,CALIFORNIA ,� RECEIVED RIOM _ ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT TASK OPTION ACTIVITY AMOUNT SGC r1'► . - L 1 13 1131. 0 Sz)o l 11 M1 / EXPLANATION: iV C `�: TOTAL ; DEPOSIT _ Deposit consists of the foflrrrofng 1 --4 02 P !,931(211. COIN and CURRENCY $ �r CHECKS,AQ,ETC. S { () r "_} C< BANK DEPOSITS . -_{ r - } gop V{y(,,U 3(} FOR AUDITOR-CCrNTROLLER USE ONLY DEPOSIT PERMIT [')p. NUMAER DATE121023 AUG/S t$? ASSIG The amount of.money described above is for Treasurer's receipt.of above amount is approved. Receipt of above amount is hereby deposit"sato t County osury acknowledged fid• 1 Date Signed lel(Alit , Tiflo.-NnIt.,12Y4 EXT. Dep6ty tcwunty Deputy+County"treasurer -34 RN(7-03) � DEPOSIT PERMIT U OFFICE OF COUNTY AUDITOR-CONTROLLER ;. MARTINEZ,CALIFORNIA 46 THE TR&4URER: RECEIVED FFOM yy� ORGANIZATION NUMBER V oww (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. A� TASK OPTION ACTIVITY AMOUNT Ae3 D i w r i r EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items C04N and CURRENCY $ CHECKS.M.Cl,ETC. $ BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT { { t} PERMIT DP NUMBER DATE I i 0 z ASSIGNED Ti;.mount 6^money.described above is for Treasurer's receipt of above amount is approved. Receipt of,above amount is hereby deposit 4 to CountyTreasury. acknowledged . SignedeL Date Title . r A— E' 2 � . Depu aunty"qSigned. Deputy County Tteasuror -34 REV.(7-43) 000648-9140 / 812100: G1093839, $29.512.00, LUP 2031.01 Drainage Mitigation Fee, Palisades Gas & Wash, 30101 Agoura Court, Ste. 200, Agoura, CA 91301 000649-9665 / 831000: G1093839, Palisades Gas & Wash, 30101 Agoura Court, Ste. 200, Agoura, CA 91301 $2,000.00, LUP 2031-01 Land Use Permit Plan Check $16,100.50, LUP 2031-OILand Use Permit Inspection 000649-9665 / 831000: G1093840, $24.000.00, RA 1119 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093841, 1925.00, SUB 8606 Major Subdivision Map Check Fee, Oak Treat Court, LLC, PO Box 367, Orinda, CA 94563 819800-0800: &1093840, 4 560.00, RA 1119 Cash Bond, Shape Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 4, Bond No.: 929247976 RA 1118 Gale Ranch 11 Development: Water Tank Access Read Premium: $2,257.00 LopROVSMENT SECURITY BOND FOR ROAD beRovEmEiVT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 65499.10) RECITAL OF ROAD Lv2ROvEMENT AGREEMENT: The Developer(Principal) has executed an agreement (Road I=prove=nt Agree Q,, nt County to install and pay for street, drainage and other improvements on,or along Water Tank Access Road to complete said work within the time specified for completion in the Road.!improvement-Agreement,all in accordance with State and local laws and rulings. 2OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries, Inc. ,asP6ripaland Nanonai Fire 1nsursnea 9 _rVM or H*ft- w- a corporation organized under the laws of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance: Four Hundred Fifty One Thousand Four Hundred Dollars and 001100 Dollars($ 451,400.00 )for itself or any city assignee under the above County Road Improvement Agreement,phis B. Payment* Two Hundred Twenty Eight Thousand Collars and 0011001 Rollers( I)to secure the claims to which reis made inThle 15 §§ et seq. of the Civil Code of the State of California. 3; COrmrnm The Condition of this obligation as to Section(2.A.) above is such that if the above bonded Principal, hzirs,executors, administrators, successors or assigns, shall in all things stand to and abide by and :ve'11 and truly keep and perform the covenants, conditions and provisions in the said agreement and =y -;!,-!!ration thereof made as therein provided on it or its part, to be kept and performed at the time gnci in the manner therein specified and in all respects according to their true intent and umning and s�.:;.11 indemnify and save harmiess the County of Contra Costa or city assignee,its officers,agents and. --mpioyee s, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full.force and effect. t. ♦ f IS: ♦ 1 . i .f Ir" f .lt i :tf it : 11! 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M;itltl: It ♦ { :+I ♦ r' ' i 1 F 1 R R ' f t! f ti t 4 .• t 4 i Rv 1:• R t - ♦ 1. ! i •♦ f•! ♦' ( f". 4 �{ !' 1: 1 { RI ` : 4♦ A .1% tl.' ;Iti ; • ♦ t." s. 1 ^i..: t- :. 1 t tl�11 Ii f i F. { f ' !:;1 if ♦ �?fi.:' F:+11.' t R ,tf t .1t f ,t 11: a e♦-f • # * ! i. « Vit'`R i t • I! 1#� :Ii t f' i 1f At: � / 1 {11 1 M: i t t t f I�/ : i ! "' 1 r SO t.- ` f * '" f ! Al..: . ! A : f; l � Ii t ' 1{ .'4• � rf. #.l t.:" 1 It 4.- 1 :.IR A- ► F { ! ! ♦ 9 1 R t « f# ' ft t i t : 1♦ 4M t ' #Rtllt ' ! 1 z3 # ♦ «ti f t ! ' t` # I { 7 t ♦f 1 : If ` 31 #: + f,- 1- - - f . tt !i • t .1 - t tt . 1 • t - .11 �� 6 STATE OF_ California COUNTY oil Juiv 25. 2002 .before me, PER-SONlt.11Y APPEARED Marie A. Qook personally known to me (gar proved to ane on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within irs13-ument mid acknowledged to rite that fie/she/they executed the same in his/her/their authorized capac.ity(ies), and that by his/her/their signature(s) on the -- instniment the person(s),or the entity upon behalf of which DENISE L CRISTIANO the person(s)acted,executed the instrument. Commtsston# 1256216 Notary Public- Collfomla Contra Costo.County WITNESS my hand and official seal. 6MyComm.ExpIresMor5,2M5 SigmtuTe_ _ This area for Official Not-alai Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the docurnent and could prevent fraudulent teattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT PARTNER(S) D LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAIW C ONSE RVATOR OTHER` _ DATE OF DOCUMENT _ i:5t+r NER IS REPRESENT NG: vamp OF PERSON(S)ORErrr►no¢s7 National f=ire Insurance Company of HjjdWrd _ SIGNER(S)OTHER THAN NAMED ABOVE ID-0$1 Ree.SN4 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF A l l URNEY AYYUIN 1114ty INUIVIULI AL A l l UMNC I-flr-f-Al, t Know Atli Men By These Presents,That CONTINEN CASUALTY COMPANY,an Ilrutois corporation, K ANAL FIRE INSURANC1r OMPANY<)F HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pwr=yh+ania rrporatian f€Ienein collectively called'the CCC Suety Compani•s7, are duty organind and existing corporations having;heir principal oflicga in e City of C licago. and Statue of Illinois. and that they do by virtue of the signatmv and seats herein athxed hereby make,corssdhuta and appoint Mme A. Cook Individually — --- Mooita- California air tsuanal.lawful Atmey(sJ-++rr=ac:with fail power and wtttariry hereby=ftred to signs ssai and execute for and on their behalf bondsc, tdertakings and other obligatory instruments of similar nature In Unlimited Affix s- id to bind t am thereby as fully and to the same extort as if such instrumonts were signed by a duly authorized officer of their ciorporations and the acts of said Aft=oy,Pursuant to the authority hereby given ane hereby ratified and confirmed. This power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, dy adopted,;as indicated,by the Hoards of Direct ws of the corporations. In W tnwis'Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their irporate seats to be hereto affixed on this 18th day of June 1SS8 CONTINENTAL CASUALTY COMPANY �,,`r+' ►. Y. " f, + °'4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA s Juts X OJ SEN. Marvin J.Cashion Group Arc*President ate of Inin=,County of Cook,ss: On this 113th day:f June 1996 ,befixe ms personally came arvin J Cw =,to me known,who,being by me duly room,ltd dopase and say.that he resides in the City of Chic2p,State of Ilrinois;that :is a Group:Vilce President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and VIERICAN CASUALTY COMPANY OF TREADING,PENNSYLVANIA described in and which exerrted the above instrumwt that he knows the tats of said i.0rporations;that the seats affixed to the said insbunard ane such corporate seals;that they were so of had pursuant to authority .,an by the wards of Directors of said corporations and that he signed his rare thereto purmant to Ike aueunity,and ackncwdedges same to t the act and deed of said corporations. 10 ItOTJf pt; uc �titir My Commission moires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A..,Rlikawskis, Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF kRTFORD, "find AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby car*that the Power of Attorney herein love set fort:is still in farce,and further cartify haat the Hy-Lzw and Resolution of the Hoard of Directors of each corporation printed on the verse hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the reals of the said corporations is 1 H day of il Lit tcow"Aft *Wx CONTINENTAL CASUALTY COMPANY "'" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD rAMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA-�' fir 't� asst at,U � ,�* taut tag? �' • �`' Mary A.Ribikawskis Assistant Secretary 10/1/97) Authorizing By-Laws and Resolutions Teo BY TITS BCARC OF DIRECTORS OF ti.JNTINENTAL CASUALTY COMPANY: This Powrgr of Attorney is made and executed pursuant to and by authority of the f lowing BY"Law duty adapadd by the Board of Oineciors of Company. "Article IX--E ectrt a of darxenenft Secv2n 3.Appeinvnent of Abnmrt4n42c:The Chairman of the Board of Directrrs,the President or any eve, Seng or Croce Vice President may,from time to time.appoint by written certificates attrrneys4n4k ct x act in behalf of the Compalny in the execution of policies 0insurance,bonds,undertakings and older obligatory instruments of lice nanrai. Such subject to the Iienila tim set fortth i their respective of authority.stall have hull power to bind to Company by their sigr=n and aiiecution of any sura kmt-umerts and to attach the seal of the Company them.The Chairman of the Burd of Diners,the President or any Executive.Scalar or Group:VIce President or the Board of Direcxrs,may,at any time,awoke ail power and authority praviouisly*an to any attorney-in-fac't' This Pow,it of A=rrey is signed and sealed by facsknile under and by the authority of the following Resok4on adopted by the Board of ecoors of tf-v Company at a meeting duly called and held on the 17th day of February,1993. 'Res,*ed that the signatze of the President:or any Executive,Senior or Groes Vice President and the seal of the Company may be affixed bar facsimile on any power of attorney-ranted pursuant is Section 3 of Article X of the sky-laws,and the ' of the Secretary or an Assiskant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any suet 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 y certificate so etacuted and sealed shall,with respect to any bond or undemking to which it is attadw4 continue to be valid and binding a<i the Company.' $TED BYrf 4E BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF BREADING. PE.NNSYLVANA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of I Company.:; "Article VI•—Executlon of Obligations and Appointment of A=mey4n-Fact Sec;en Z Appointment of Attnmey4n-fact.The Chairman of the Board of Direcxrs,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of ft Company ki the executicri of porches cit'insur2nce, bonds,undertakings and other obligatory instruments of&a natras.Such atmmeys+n-fact,subject:to the limitations set forth<n their respective cartificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive.Senior or Group Vice President may at any time revoke ak,power and authority previously given to any attorney-in-fax:.,' This Power of Attorney is signed and=led by facsimile under and by the aulhortty of the following Resolution adopted by the Board of recthrs of te Company at a meeting duly ratted and held on the 17th day of February,1993. 'Re$ tved,that the signature of the President or any Execiudve,Senior or Group Vl=President and to seal of the Company may be affixed by facsimile on any power of attorney granted,pursuant to Section 2 of Article Vl of the By-Laws,and the skratize of the Secretary or an Assistant Secretary and the seal of the Can, may be aftbxed by facsin k to any certiffca's of any such power and any power or certific-ats bearing such facsimile signature and seat shall be valid and binding on the Company.Any such power so executed and sealed and certified t y certificate so executed and sealed shag,with respect to any bond or unidertaking to which it is attached,xxmtinue to be valid and binding mi the Company.' PT'ED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed purrs arrt to and by authority of the*Mewing Resolution.duly adopted on February 17, 1993 by ie Board of directors of Cie Company. 'RE�IiOLVED:That the Presiident,an Executive Vice President,or any Senior or Group Voce President of the Corporation may,from time to time, Wpcint,by written certificates,Attomeysin-fact to act in behalf of to Corporation in the execution of policies of insurance,bonds, undertalOgs and other obligathry instruments of Eke nature.Such Attorney-arFartt,subject to the limitations set forth in their respee#lve certificatr<s of authority,shall have full power to bind the Corporation by their signature and irrecution of any such instrument and to attach the seal o f the Corporation thereto.The President,an Executive Vice Presider any Senior or Group Viae President or the Board of Directors may at ail,y time revoke all pourer and authority previously given to any Attbmey4ri-Fac:' This Power of Atxr .ey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of )irectors of the Company at a meeting duly cathed and held on the 17th day of February.1993. 'RE$OLVE0:That the signature of the Presidents an Executive Vice President or any Senior or Group Vice President and the seal of. the Corpr ration may be affixed by facsimile on any power of attomey granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1 S93 and the signature of a Secretary or an Assistant Secretary and lie seal of ttu Corporation may be affixed by facsimile to any cd I rtificate of any such power,and any power or certificate bearing such facsimile signature and seal"Tie valid and binding on the Corporatm.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 Corporator.* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of )N,�t1.%t i J ss. On � � �-1 ��- before me, D" Na"and Tl1W a Mar ta,Q > ooa Not.ry P� personally appeared �� �.. 0\�Q-j- 9 u 1t3►' c�_ av Naroe(a)o1 SON15) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)iefare subscribed to the within instrument and :..:` Mai. 1 acknowledged to me that.*ee/they executed JANICE T.KRUSE the same in their authorized Commission#1818897 F capacity(ies), and that by 14W�%Wtheir Notary Public-Csiltomla signature(s)on the instrument the person(s), or Santa Clara County the entity upon behalf of which the person(s) WCorran.8Vrr*Aug24,20M acted, executed the instrument. qV ITNESS my hand and tial se 1. SWature of Notary PuM OP AL Though the Information below Is not required by law,R may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document N- C1 Title or Type of Document: .-=�-..t Document Date: Number of rages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ® Individual t j, Tbp 0 thumb here ;'Corporate Officer—Title(s): s t Sy •` ` ` !'" `� 1 0 Partner-R 0 Limited 0 General © Attomey-in-Fact a Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing K ,Z-\k Na , 019%NatWW Notary Asaoc dw•8364 Oe Bow Ava..P.O.Box 2042•ChabwoM,CA 91313-2402•www.ntAonah4my.org Prod.No.5907 Reorder:C&H ToWFree 1.8008758627