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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-124 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMI GERBER, GLOM AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 124 SUBJECT: Approve, Subdivision Agreement (Right-of-Way Landscaping) for PA 0004 (cross-reference SUIT .7976) Main Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for PA 0004 (cross- reference SUB 7976)Main Branch Park located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, A California Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $11,300.00 Deposit made by: Windemere BLC Land Company,LLC Auditor's Deposit Permit No. and Date: DP 400005,February 5,2003 LT:cw I hereby certify that this is a true and correct copy of an G:4GrpTht&113ngSvclBO\,200312-25-031PA 0004 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Warks- T.Bell,Construction Current Planning,Community Development FEBRUARY 25 2003 T-12-28-03(Pl) ATTESTED. W indenrere BLC Land Company,LI.0 JOHN SWEETEN,Clerk of the Board of Supervisors and Brian Olin 3130 Crow Canyon Pl.,#310 County Administrator San Ramon,CA 94583 American Motorists Insurance Company Patricia H.Brebner 7470 N.Figem St. w�,. .Deputy Los Angeles,CA 90041 By r RESOLUTION NO.2003/ 124 SUBJECT: Approve Subdivision Agreement (Might-of-Way Landscaping) for PA 0004 (cross-reference SUB 7976) Main Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley)area. (District III) DATE: February 25,2003 PAGE: 2 Il. Surety Bond Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM04987300, January 29, 2003 Performance Amount: $1,111,200.00 Labor&Materials Amount: $561,250.00 Principal: Windemere BLC Land Company,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Right-ofWay Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/124 \rVV,\It V �+VI\11\J'• WFiVil'1 -- DEPOSIT PERMIT PFICE OF COUNTY AUDITOR-CONTROLLER + TO THE TREASURER: MARTINEZ,CALIFORNIA J ; RECEIVED FROM ORGANIZATION NUMBER �t ti (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORS AC B. TASK OPTION ACTIVITY AMOUNT "'v $ .. }, �t {, j�r I f � QZJ C' �o go t i • 79 7 �( t C'CU'?"y,,TIE4 �,� • 'r�'rJ� Il,:.J r. t/ ... '�.rri I Ll I I I I Ll I I—L A I I I I I I I I I I I IIII III EXPLANATION: TOTAL S V65® �' - DEPOSIT iterns ==C oftheowimgURRENCv $ A:CVRS,M.0,ETC. $ BANK DEPOSITS $ _ t 7 , �� / FOR AUDITOR-CONTROLLER USE ONLY U C �� t P C 1 DEPOSIT PERMIT Df C` ` C" r1 (" NUMBER G� { ASSIGNED DATE ,_ �,� b 993 `/0 �,� , The amount o money described above is for Treasurer's receipt of above amount is approve& Receipt of above amount is hereby deposit into the County Treasury. ! Signed: Title: t'(L T _._ fid. ty puty County reasunsr D-34REV.( , 1 � � . ................................................. o lqr—cTNG 40 3u 't 1 0 f 1 2U • t1U .t (a . 64+ i t1%.1 " ( UL) ; C,OA, °31s - 6',l t 4 . tjJ+ s � �1 l.i 111.1 �� �;! 1 •� IU L, J 47 4H--Li IL�i}V,-).r✓+�T.4n&i �Tc�d' PA (M4 (X`;r of .5 7976) Cash r ;,lC-.> and=C +>Bon LLC, 3130 Craw Canyon place, Suite #310, S.an.Ramon, CA 94583 000649-9665 / 831000: 01109029, 90 300.00, PA 0004 (X-ref SUR 7976) Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place, Suite ##310, San Ramon, CA 94583 000649-9665 / 831000: 01109031, b 1OO.00, SEstates, 0 M jor Subdivision Improvement Inspection Deposit, Mariner Rush Landing Road, Novato, CA 94948 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: PA 4004 Cross-Ref SUB 7976 Effective Date' ___914 1 0-9 Subdivider: Windemere BLC Land Company LLC Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A,California limited liability Company By:LEN-OBS Windemere,LLC, COUNTY SUBDIVIDER A Delaware limited liability company CONTRA COSTA Managing Member BY:Lennar Homes of California,Inc., Managing Member Maurice M. Shiu, Public Works Direct i (signature) Vice President By: ' .a (print name&—;tie) Don arson, RECOMMENDED FOR APPROVAL: (signature) (print name&Title) Lynn Jochi sst.Secretary By: Engineering Servic ivis n FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with time designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County."and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, tights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required In the street improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),In a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 11,300.00 cash, plus additional security,In the amount Of $ 1 111 200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With sp'ne Subdivider guarantees under and for one year after its completion and acceptance against any defective workmanship orma materials or any unsatisfactory performance. B. B. For Payment: Security In the amount of$ 5B1 250.00 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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shelf 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. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant 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 Works Department to be necessary to insure establishment of plants.Said ishment work sbe hall performed asfinal ear from and after the caSupervisors accepts as complete. At the discretion on of a County,bidsay be released after riod of acceptance of landscaping improvements by County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement pians for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO 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 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,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the 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. ND_ EMNITY: Subdivider 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,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 below,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 of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The Actions causing liability are any act or omission(negligent or non-negligent)In connection with the matters covered by this Agreement and attributable to the Subdivider,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 specifications)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,Including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extenslons, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider 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. Subdivider hereby consents to entry on the subdivision property by the County and its forces,Including contractors,in the event the County proceeds to complete and/or maintain the work. Once action Is taken by County to complete or maintain the work,Subdivider agrees to pay all costs Incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance,under this Agreement or to recover costs Incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. if,before the Board of Supervisors accepts the work as complete,the subdivision 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 transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. t8• RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. Obefore me, A- Date 41�sand Ttl of 011,e.,,� ( g.,'Jana Doe�NWPUYbficj personally appeared L� i �1 \11 Name(e)of 5 nsr(s) ' ` 1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware T.AUSTIN- Californiaubscribed to the within instrument and Notary Public Commission 137573n acknowledged to me that hefehe/they executed ia the same in hiefhe�ltheir authorized 0MyCornm.EVk9sOct7, Contra C 2006 capacity(ies), and that by hij+ef/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r hand and offi•tai semi SOtaturo of Notary Wb* OPTIONAL77rough the lnformatlon below is not required by Pew,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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer--Title(s): ❑ Partner—11 Limited ®General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 6 1 999 National Notary Assoclation•9364 Ds Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natlo Wrwtaryorg Prod.No.8907 Reorder.Call ToA-Free I-WO M-6827 Executed in Duplicate Subdivisions _PA f M4(CM �,Ref SUB 79761 Bond No.; 3SM 049 873 00 Premium.:�5,55b.00 1 RQV M&NT SECURITY BOND Fo.R PuRuc RiGnT of WAY LANDSCAPE AGREEWNT (Performance,Guarantee, and Payment) (California Government Code Sectie as 66462 and 66463) ]. RLo II&L ot±Su=vl�iQN ,REEMRNT. The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvemehts in Subdivision r (Ctross-Rrf SUB 79761 as specified in the Subdivision Agreement(Right of Way Landscaping). and to complete,said work within the time specified for completion in the Subdivision Agreement(Right-of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy. conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. GRLtG,6TIQN: )YIndesmerr B; C La4d Company.LLC as Pri cipaL and American Motorists Insurance Company acp rationizdem ting under the lawsof the State of Illinois 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 it: . A. Performance and Guarantee: One 411132n_One Hundred Eleven ItqUIAMd Two Hundred ,and no/100 ,Dollars($ 1_1 111,200.00 )for itself or any City assignee=der the above Comity.Subdivision Agreecxturnt,plus B. Payment; Five Hundred SixtX One Thousand Two Hundred Fifty and no/1o013ollars ($561j250.00 to SeMe ft clai=to-which reference is made in Title XV(c ing with Section 3082) of Part 4 of Division ITh of the Civil Code of the State of California. 3. Co+vocTton- A. The Condition of this obligation as to Section-?.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the mariner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (ear city assignee),its officers, agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force anti effect. As part of the obligation secunDd hereby and in addition to the face:amount specified.diaefiwe,dnere shall be included costs and blt expenses and fees, including reasonable stn fens, incurred by County(or city ) in successfully king such obligation.all to be taxed as costs and included in any judgement rendered. A. Tte condition of this obligado n as to Section 2.(B) above is such that said principal a W the undersitpud as corporate suety are bald firmly bound unto the County of Contra Costa and all cmatraetors,subcontractors,laborers,muenal men and other pawns amployed in the performance: ofthe afoa"Wil agmement and rid to in the afaresaYid Civil Code for nw=Ws furnished or labor thereon of any end,or fbr amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the samr in an amount not exceeding the amount herein above set forth, and also in ease suit is brought rpon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees„ including reasonable atmmey's fees„ incurred by County(or city assigtift)in successitnlly enforcing such obligation,to be awarddd and fixed by the court,and to be torted as costs and to be included in the judge want therein rendered. It is hereby expressly stipulated and agreed that this bond shaU inure to the benefit of any and all companies and cogxwadans entaided to We claims under Title 13(commencing with Section 3082)of h'ar't 4 of Division 3 of they Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this band. Should rte condition of this bond be hilly perforated then this obligation sh411 become:null and void, otherwise it shall be and remain in full farce and cffem C. No altemdon of said subdivision agreement.or any plan or specification of said work,agreed to by The Principal and the County shall relieve any Surety from liability on this bond, and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waivers the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently ntly of any action against Principal whenever taken. SIGNER AND SEAL=on_ Januar 29, 2003 WINDEMER.E BLC LAND COMPANY, LLC By: Lennar. Homes of California, Inc. AMERICAN MOTORISTS MUNCIPAL; _ its manager SLTRE 'Y; INSURANCE COMPANY Address' 3130 Crag Can a Ste. 300 . _ 7470 N. Figueroa St. City: San amen 2p. 94583_ City: Los eles, CA 90041 By: Print Name. Lawrence Print Nva; Patricia H. Brebuer Title: Vice President Tide: Attorney-in-Fact .m.. , �1sw►lt7oa►i�K .►la�i.,.+t.. ly wokoom-t2A doe PA".a,..17.c91! CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Grange On January 30. 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thomason, personally known to to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. S. MC DONALD commission#i Witness my hand and official seal. No1ory Put)IIC-c00O1 ° orange counter Myr omm. i6, 4 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 SIGNER IS REPRESENTING: Corporate Officer®Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 3SM 049 873 00 Number of Pages: Two (2) Date of Document: January29,_2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On January 29, 2003 before me, Alexis H.Bryan;Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared Patricia H.Brebner NAME(s)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. 01 ALEXIS H.BRYAN WITNESS my hand and official seal _ Commission#1306738 Notary Public-California Orange County My Comm.Expires Jun 1,2005 SIGNATURE 04 NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENIT Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 01963 NATIONAL NOTARY ASSOCIATION-8236 Rennet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office In Long Grove, Illinois (hereinafter collectively referred to as the."Company") do hereby appoint Jane Kepner , Mike Parizino , James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers , Linda Enright , Leigh McDonough , Jeri Apodaca , Patricia H. Brebner ,, Suzanne Edwards and Rhonda C. Abel of COSTA MESA , CA (EACH) . ############# their true and lawful agent(s) and Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTIQN: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said. Company as fully and amply to all Intents and purposes, as if the same had been.duly executed and acknowledged by their regularly elected officers at their principal office In Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shad continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.&A. 1 t y In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this November20, 2001. Attested and Certified:. Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company an � AN U018 ORAL ""�� earran�mr ,+r�� UK. Conway, Corpor Secretary Gary J. ly,&nIor Vice Pr t STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1. Omorl, a Notary Public, do hereby certify that Gary J,. Tully and John K, Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day In poison and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. ----------------------- "OFFICIAL SEA L" 4j Ww G©w�a ca Maria 1. Omorl,.Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify thatt'the attached Power of Attorney dated November20. 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senlor.Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TEST IMONY WHEN, i have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 29th day of ,fanuary , 20 Q-3—. e +r w """ JohWK.jbonway,.Corporate Mretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. Home Office. Long Grove, IL 90049 FK 09 75 (Ed. 09 01) Fags 2 of 2 Feted M U.S.A.