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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-150 . - if H THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DE sAULNIER NOES: NONE DISTRICT III SEAT VACANT ABSTAIN: NONE RESOLUTION NO. 2003/ 150 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8563, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 8563 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., 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. SG:cw I hereby certify that this is a true and correct copy of an G:\GrpDatalBngSvc1Bo12003\3-04-03\SUB 8563 BO-16.doc originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Ric(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-1-04-04 ATTESTED: NARCII 04, 2 Shapell industries of Northern California Sam Worden&Steve Savage JOHN SWEETEN,Clerk of the Board of Supervisors and 100 North Milpitas Blvd. County Administrator Milpitas,CA 45035 National Fire Insurance Company of Hartford Pamela L.Stocks 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 By ,Deputy RESOLUTION NO.2003/150 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8563, San Ramon(Dougherty"Valley) area. (District III) DATE: March 4, 2003 PAGE: 2 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: $2,900.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: DP 398256, December 31, 2002 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 190775313,December 19, 2002 Performance Amount: $282,400.00 Labor&Materials Amount: $142,650.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/150 SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and 66463) Subdivision: 8563/Gale Ranch il. NBHD 2A/Gallery Effective Date: � � (73 Lots) Subdivider: Shaoell Industries of NorthernCalifornia. Completion Period: 1 year A Division of Shar ell Industries Inc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M. Shiu, Public Warks Director Shapeil industries of Northern California, a Division of Shapeli Industries, Inc. (print name to C— ( t�tiG`ils��Ut �p COMMENDED FOR APPROVAL: AvS��. Y F—j-ec= V P i d1 S i IeYA !v` By. (signature) ' Engineering Services D' ision (pr+nTMname tiIII �M�tt'{t FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is Incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. TIE &DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called'C un ,"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, street lights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required In the 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 complate 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 ood 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 SE RI . 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' $2 900 cash,plus additional security,In the amount of$282 400 which together total one hundred percent(100%)of the estimated cost of Me work. Such additional security Is presented In the arm of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$142 65 ,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 WARRAN`1 . OF WORK. Subdivider guarantees that said w,ark 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. 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 plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors ac" is the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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 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 emp oyee o 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 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. INDEMNITY: 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 Ii €lift protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions de ined be ow, 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 proceeding(s)concerning said liabilities and claims. C. Thecta ions causing €abili are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the, ubdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-C nd+ itions: 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 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. VEY Subdivider shall set and establish survey monuments In accordance with the fled map and to the satisfaction of the County Road ommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERF RMAU AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, 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. INCORPORATIOMANNEXATION. 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. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw;tap +3:54rpr)aulEnpsvcWffvMGale RancM8583\8583 ACI-30&doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (L` t (�, ss. On before me, Data Name and THIS of OfBoer(e.g.,`Jane Doe,Notery aubfi•t ' personally appeared - { 0{^j-e— — - Name(s)of Signor(s) , 6Malpersonally known to me Jt ET.VSE ❑ proved to me on the basis of satisfactory Cornmholon#1318697 evidence Notary Public-California f– Santa Clara County to be the person(s) whose name(s)-is/are MyCornm Aug24,2005 subscribed to the within instrument and acknowledged to me that befege,!they executed JAWC7 T.KRUSE the same in Wa#ratr,ftheir authorized Commi23ian#1318697 capacity{les), and that by 4*jA ter/their Notary Puh:lc-California signature(s) on the instrument the person(s),or Santa Cibre County the entity upon behalf of which the person(s) 11AyComm.Expir Aug24,2W5 acted,executed the Instrument. TNESS my hand and officl seal. Signature of Notary Public OP NAL Though the information below is not required by law,it may prove ie 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 ` �y "T-P —b orparate Officer—Title(s):ASS tsr) V d •-- ����S j,3e�s ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:�1J � –7— V C 1990 Netlonal Notary Assodation•9350 De Sato Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402•www.notiorWnotary.org Prod.No.5907 Reorder.Can Toll-Prea 1.800-878.6827 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ,/ t ORGANIZATION NUMBER [ (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG, ACCT.SU& TASK OPTION ACTIVITY AMOUNT C r J i V 30 223/ 6 C ; 1 3 � f )0 . ►00 - 13A A Ai IV PAA r . cc) 1 1 1 1 f 1 1 EXPLANATION: I o TOTAL �fllowimg t ° DEPOSIT f Dapoait ccx>sists of the tame _ , r ) f COIN and CURRENCY $ cc...) ° /J �} �f f� r j� CHECKS,M.O..ETC s77WT.)i " BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT OV V 1 O. ' PERMIT CSP llx: (}.. NUMBER DATE ASSIGNED 398256 The amount of money descn`bed above is for Treasurer's receipt of above amount is a dep 't into County T sury. approved Receipt of above amount is hereby _ '° -, acknowledged Date Til tla' l t ExT. Signed: c. Sued: ounty Deputy County Treasurer 7-.4 REY.{7-931• ,,sr-' 000649-9665 / 831000: 61108980, 25 000.00, SUB 8507 Major Subdivision Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 831000: G1108982, $500.00, RS 2742 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 000649-9665 / 831000: G1108984, 16 300.00, SUB 8563 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 000649-9665 / 831000: G1108985, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $14,300.00, SUB 8564 Landscape Improvement Plan Review $26.600.00, SUB 8564 Landscape Improvement Inspection 000649-9665 / 831000: 61108986, 11g,400.00, SUB 8631 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108987, 2$ 300.00, PA 0011 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1108989, 500.00, RS 2743 Record of Survey Map Check Fee, Bellecci & Associates, Inc., 2290 Diamond Blvd., Suite 100, Concord, CA 94520 819800-0800: G1108983, ALIO-OL-0-0, SUB 7744 Cash Bond Guarantee of Performance, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800-0800: G1108984, 2 00.00, SUB 8563 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108985,11100.0o, SUB 8564 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61108986, IL400,00, SUB 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61108987, 5 50,00, PA 0011 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Subdivision: 8563, Neighborhood 2A/Gallery Bond No.: 190775313 Premium: $1,412.00 Gale Ranch 11, 73 Lots IMPROVEMENT SECURITY BOND FOR PUBLIC DIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1• REcrrAL of SUBDI'VIsioN AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related 8563, improvements in Subdivision Netothad3aw za r r wa as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. Shapell industries of Northern California,A 2. 013LIGATION: division of Shapell Industries, Inc., a Delaware Corp. as P6Lt* and tLftml ,a corporation organized existing under the laws of the State of_. CT ,and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it A. Performance and Guarantee: Two Hundred Eighty Two Thousand Four Hundred Dollars and 00/100 Dollars($ 282,400.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Hundred Forty Two Thousand Six Hundred Fifty Dollars and 00/100 Dollars($ 142,650.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CoND�iTrvN: A. The Condition of this obligation as to Section 2.(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 manner therein specified, and in all respects according to their true intent and meaning, and shall index and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and voids otherwise it shall be and remain in fall force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there. shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (co Ging with Section 3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration 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 waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken SIGNED AND SEALED on december 19 2002 Shaped Industries of Northem Califomia,a National dire Insurance Company of Hartford PRINCIPAL:Division of Shapell industries,Inc.,a Delaware Corp. SURETY.. Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City: Milpitas Zip: 95035 ► Woodlan Hills Zip: 91367 By: ' Print Name: '7 C-. `r'r.v i✓ r3 P-/'F'>�� Print Name: Pamela L. Stacks at° r r Attorney-in-Fact Title: t 7� v P 1.>t U' 5/a v`f M 6(Z.. . Title: y_ 8 Title: fit. »vvsi POWER OF ATTOv NEY APPOINTING INDIVIDUAL A. .ORNEY-IN-FACT Know All Men By These Present,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices In the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hall,Sandra V.Hanner,Individually Of Sherman Oaks,California their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature ---in Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney Is made and executed pursuant to and by authority of the By-l-aw and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness itYlwreof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 3rd day of August,2001. Continental Casualty Company * National Fire Insurance Company of Hartford AKY 11. American Casualty Company of Reading,Pennsylvania 8J11 1007 Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above Instrument that he knaves the seals of said corporations;that the seals affixed to the said Instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thersto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFIRICIALWANKt FAtRJQrER "NWY Hike.s1"M Wnrir Ce----�---11" "1.7101-i My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still In force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverpe hereof is still In force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 19M day of Tlwcr_yml= 2002 Continental Casualty Company oa'whar National Fire Insurance Company of Hartford SEAL Y31. American Casualty Company of Reading,Pennsylvania Q-� (Rev. 1/23101) Mary A.Rlbikawskis Assistant Secretary .,%uthorizing Bir-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney Is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article Di—Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company In the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:- This ENNSYLVANIA:This Power of Attorney is made and executed pursuant to and by authority of the following By-taw duly adopted by the Board of Directors of the Company. "Article Vt—�ecutlon of Obligations and Appointment of AttornsydrrFact Section 2.Appointment of Attorney-In-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in4ba to act In behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory Instruments of like nature,Such atomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any atomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved,that the signature of the President or any Executve,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the awl of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which It is attached,continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney Is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-In.-Fact to act In behalf of the Corporation In the execution of policies of Insurance, bonds,undertakings and other obligatory instruments of like nature.Such Atomey-in-Fact,subject to the limitations set forth In their respective certificates of authority,shall have fun power to bind the Corporation by their signature and execution of any such Instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke an power and authority pnwkxAly given to any Attorney-in-Fact." This Power of Attorney Is signed and sealed by faoslmlle under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On December 19. 2002 before me, Sandy Hanner _ Notary Public Date NAME. TITLE OF OFFICER., "JANE DOE, NOTARY PU8LIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { ) personalty known to me—OR— (.._,.) proved to me on the basis of satisfactory evidence to be the persona} whose name(*184mubscribed to the within instrument and acknowledged to me that WshelltmW executed the same in hWher/*xkt authorized capaclty{iffil� and that by NWher/ signature(s) on the instrument the person(19), or the entity unon behalf of which the person(E} acted, executed the Instrument, 1 WITNE m 7 SANDY FtAt+fHE�t Y hand and ai seat. Commission 01�J62157 •r Notary Public-Cairtorrlir Loa Angeiets County , SiG TURE OF NOTARY My Camm.Expires JW 2,Z00a 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(S) TITLE OR TYPE OF DOCUMENT (�) PARTNER(S) ( } LIMITED . (_...} GENERAL (X} ATTORNEY-IN-FACT NUMBER OF PAGES (�) TRUSTEE(S) GUARDIAN/CONSERVATOR (�} OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire lnsurance Comnanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.10»26.0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �.. (=A ss. On – before me, –J p1 f 1 Date Name and Title of OM CW(e.g.,'Jane Doe NQL=Pubyg ' Personally appeared 'P,P_\„5 c,.L_ Name(a)of Slgnm(a) ' wpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .iefare subscribed to the within instrument and acknowledged to me that-#efffhefthey executed t�Whw/their authorized the same in JANICE T.KRUSE capacity(ies), and that by -#i~their Commission 0 1818697 signature(s)on the instrument the person(s), or Notary Public-California the entity upon behalf of which the person(s) Santa Clara County acted, executed the instrument. ITN�ESS`my hand and o icial se . Signature of Notary Public rronr Though the information blow is not required by law,it may prove valuable to persons fraudulent removal and reattachment of this form to notherr documents document and could prevent Description of{Attached Document Title or Type of Document: R M f�' © lN�'_, Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here (<orporate officer—Title(s): i),(Z's \�5•`�". �I ,�. �L i J T� C_ ❑ Partner---❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Cr 1999 Naidorut Notary Aesooletiorr•8350 De Soto Aw.,P.O.®ox 2402•Chabworth,CA 8131&2402•www.nationalrwfary.org Prod.No.5907 Reorder:Call Toll-Fres 1-800-878-8527