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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-414 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA Adopted this Resolution on June 24,2003,by the following vote: _ ti AYES: SUPERVISORS GIOIA, UILKEMA, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 414 MEN SUBJECT: .Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 18- 01, being developed by Clyde Miles Construction Company, Inc., Alamo area. (District M) The following documents were presented for Board approval this date: Y I. Map The parcel map of Subdivision 18-01, property located in the Alamo area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Clyde Miles Construction Company,Inc.,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action G:\GrpDat&\EngSvclBO\2003\Cr24-o3\MS 18-01 B0-21taken and entered on the minutes of the Board of Supervisors 13Y:7m on the date shown. Origlantor.Public Warp(F.S) Contact: Rich L,ierly(313-2349) ATTESTED: JUNE 24, 2003 cec Public Works n T.Bell, miry evel JOHN SWEETEN,Clerk of the Board of Supervisors and T-�April 24 2004c Development County Administrator Clyde Mill"Construction company,Inc. 2201 Harbor Streets Suite E Pittsburg,CA 94565 Travelers Casualty and Surety Company of America By 350 Caftm Street,Suite 2020 ,Deputy San Francisco,CA 94104 RESOLUTION NO.2003/ 414 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 18- 01, being developed by Clyde Miles Construction Company, Inc., Alamo area. (District III) DATE: June 24, 2003 . PAGE: 2 A. Cash Bond Performance amount: $ 1,000.00 Auditor's Deposit Permit No. 405627 Date: May 21,2003 Submitted by: Clyde Miles Construction Company, Inc. Tax ID Number: 68-0337062 B. Surety Bond Bond Company: Travelers Casualty and Surety of America Bond Number: 103667719 Date: January 7,2003 Performance Amount: $ 91,700.00 Labor&Materials Amount: $46,350.00 Principal: Clyde Miles Construction Company, Inc. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $18,400.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Travelers Casualty and Surety of America Bond Number: 103667727 Date: February 5, 2003 Amount: $18,400.00 Principal: Clyde Miles Construction Company,Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not acceptor reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. t sIts p s r low sR � x N .� bf qPlay { all=MI 1 q s o, II I � flollgo a tv 5 bba sum Erma N 74 x b Ob < e g ISs t x . ' �: ' 29 0;$ � 1911 00 r 0 ry r t gal Ift• !� t son= Be am OR wo _ r�J i r s llr 30 www+Durr` ( i i <g _ Ito 39 p Maelair + .,J -.-COW It war (l * A R 4 A 4 if a v, k w A V x r� �f M rr� r��rr r rrr�r�i R fill A .14111,51111 . ! � a • • # i . BANK DEPOsffs i ►w•• PERW NUMM DATE 40%27 rf 21103 ASSPtW p 60 G, W.4 WE 79 Mi M,ME r M. . R- A IN W, ,om, IN�,ffl NEW Em ME N IN w4mo , 1001�� VAPA mJi* SIMONSON�Ow • � MINE W,im, FAIR I I IN W, IN MR.W I -. ir . �1 -�� i.0 O ATIP0 ri V,M' 100 W,NO � a / - Ml IN r. "�J��� .. .�.N . i f, 0649-9665 / 831000: G 1116386, 1,000.00, Sub 8158, Landscape Inspection , Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 _. 0649-9665 / 831000: G 1116388, $ 500.00, Sub 8149, Plan Check, Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, -San Ramon, CA 94583 0649-9665 / 831000: G 1116389, $ %Q,00, Sub 8150, Plan Check, . Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G 1116390, $2.500.00, RA 1094 Plan Check, Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G 1116396, $8.052,00, Sub 8716, Pian Check Landscape, Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San * Ramon, CA 94583 v 0649-9665 J 831000: G 111407, $7.525.00, MS 18-01 Inspection Deposit, Clyde Miles Construction Co., Inc., 2201 Harbor St., Suite E,Pittsburg, CA 94565 0649-9665 / 831000: G 111411, $38,020,00,�DP023005 Improvement Plan Review Deposit Fee, DeAnza Gardens, LP, 3133 Estudillo Street, Po Box 2759, Martinez, CA 94553 0649-9665 / 831000: G 111399, David & Susan Ziegler (co trustees) Of Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595 $9,969,00 MS 6-99 Inspection Deposit $3_,850.00 MS 6-99 Map Check Deposit $5,737.33 MS Improvement Plan Check Deposit- 0648-9140 / 812100: G1116399, $23.3 , MS6-99 Tice Creek Drainage Def eciency Trust, David & Susan Ziegler (co trustees) Of Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595 r 0648-91401812100: 61116446, $1202, MS 18-41, Drainage Defeciency Mitigation, Clyde Miles Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg;CA 94565 . 819800-0800: G1116399, $3_. 78.00, Cash Bond,. David d( Susan Ziegler (co trustees) Of Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595 819800-0800: G1116405, $10-0 Clyde Miles , S 18-01, performance Cash Bond, Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565 Minor Subdivision: 214018 Bond No.: 103667719 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL OF SuBDrvISION AGREEMENT: The developer (principal) has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Minor Subdivision 010018; as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Clyde Miles Construction Company Inc. as principal and Travelers Casualty and Surety Company of America, a corporation organized and existing under the laws of the State of Connecticut 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 and Guarantee: Ninety One Thousand Seven Hundred and 00/100 Dollars ($91,700.04) for Contra Costa County or any city assignee under the above County Subdivision Agreement. Y , B. Payment: Forty-Six Thousand Three Hundred Fifty and 00/100 Dollars ($46,350.00) 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. CONMION: A. The Condition of this obligation as to Section (2.A.) above is such that if the above bonded principal, or principal's 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 it 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 indemnify 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 void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by die County of Contra Costa (or city assignee) in successfully enforcing such obligation, all to be taxes 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 subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the"Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is-brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, all 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 (commencing 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 work under conditions 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 d principal and the County of Contra Costa (or city assignee) shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the 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 the principal whenever taken. SIGNED AND SEALED on January-7.2003 PRINCIPAL: SURETY: Clyde Miles Construction Company Inc. 'Travelers Casualty and Surety Company of America Address: 2201 Harbor Street, Suite E Address: 350 California Street, Suite 2020 City: Pittsburg Zip: 94565 City: rancisco, CA 9 104 BY` .,. By: 1' Print Name: Clyde E. Miles Print Name: Shirley ork-Bassel Title: Owner Title: Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of µ t�� � - ss. On � l I -0� b _ efare me, 1 i�C 1l { 1{� t ,Ct Ta 1i't G 6e10 - personally appeared H Name aril Title of of er(a.p.,"Jane boa.Notary Pubkj ' „� � �• Name{e)of Sipner(a) El personally known to me ,.proved to me on the basis of satisfactory evidence to be the person,( whose name` is LISA A.DALBEL subscribed to the within instrument and Commission# 1377110 acknowledged to me tha re sha44ey executed Notary Publtc - Cadjfomio the same in Contra Costa County i � authorized capacityw, and that by herM rrMyCorn.E~op2li 2006f signatur K. on the instrument the persor)K, or the entity upon behalf of which the person acted, executed the instrument. n IT SS my hand aaaa��ri�d ial se r • ' ftnature of Notary b Though the Information below is norOPTIONAL regained by law,it may prove valuable to persons relying an the document and could prevent fraudulent remove!and reeflachment of this form to another docament. -Description of Attached document Title or of Document: Document Date. mber of Pages: Signer(s)Other Than ed Above: Capacity(les)Claimed by ner Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer--Title(s): 0 Partner—❑Limited ❑ oral ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or C ervator ❑ Other. Signer Is Representing: O 7999 NatkaW NdaryAeaodatlon•938o be Soto Ave.,P.O.Box 2402•Chatawoft,CA 91313.2482•aww.natbnal ,0rg Prod.No.6907 Reorder;Call Toll-Frq 1.900.878.9927 P TRA VELERS CASUALTY AND SURETY COMP ANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: R. Scott Daugherty, G. Sue Dituri, Shirley York-Bassel, of San Francisco,California, their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to si place within the United States, the following instrument(s): by his/her sole signaturegn �execute and acknowledge, at any contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or cconditionalanand allbundsertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED. That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys- in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking, and any of said officers or the Hoard of Directors at any time may remove any such appointee and revoke the power given him or her. VO'ItD:That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond recognizance, undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chair any xor conditional any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Cott or to Seve Vice�esident, any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, '� tY or seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates ouly executed f r authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARM NGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED:That the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding executed and certified by such facsimile signature and facsimile seal shall be valid and binding uponthe Cthe Company and any such power t any bond or undertaking to which it is attached. upon ompany in the future with respect to IN WITNESS WHEREOF,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11'h day of January 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMP'A14Y COUNTY OF HARTFORD George W.Thompson Senior Vice President On this 11'h day of January, 2002 before me personally carne GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission Wirn June 30,2008 Notary Public Maarie C.Tatmauit CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 7`h day ofJanuar200,,x. CONN.WATMIX 101112 s * Kori M.Johanson ' Assistant::Secr+eta .y,Band CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of: ALAMEDA On January 7, 2003, before me, MICHELE GLASKY, NOTARY PUBLIC personally appeared SHIRLEY YORK-BASSEL. XX personally known to me—OR- [ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity , and that by his/her/their signature -' on the instrument the person, or the entity MICHEt E GLASKY upon behalf of which the person acted, COMM. 1224832 O NOTARY PUBLIC-CALIFORNIA executed the instrument. # ALAMEDCOUNTY L A. Y COMM.EXP.JUNE 17,20V WITNESS my hand and official seal. r L WaU Signature of Pu 1%/1/03 PLACER$42 01-0018 Tax Collector's office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.©.Box 631 (j�``"tt��C Russell Y.WattsMartinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector OW3 ' (925)646-4122 County Joslyn Mitchell'-. - (925)646-4135 FAX Tax operations supervisor Date: 5/1/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. # 01-0018 ALAMO 66047 Parcel#: 197-070-007-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $18,400.00 This tract is not subject to a 1915 Act Bond. if subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond'must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, .laxC Treasurer-Tax Collector AL By: iU� h Bond 103667727 PRINCIPAL TITLE COMPANY SURETY Clyde Miles Construction Co.,Inc. PLACER Title Travelers Casualty& Surety.. Company of America 2201 Harbor Street,#E 5356 Clayton Rd.#125 350 California St.,Suite 2020 Pittsburg,CA 94524 Concord,CA 94520 San Francisco,CA 94104 Attn: Clyde Miles Attn: Cathy White " Attn: ShirleyYork-Bassel Phone: 925427-6257 Phone: 925-681-2015 Phone: 888-959-5944 BOND AGAINST TAXES KNOWN ALL MEN BY THESE PRESENTS: That Clyde Miles C onstruction C o.,I nc. a California C orporation. as Principal and (Suret)l Travelers Casualty & Surety Company of America, a corporation organized and existed under the laws of the State of Connecticut and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Eighteen Thousand Four Hundred and 00/100 Dollars ($18.400.00), to be paid to said County of Contra Costa, for the payment of which will and truly be m ade,w e a nd each of u s b ind o urselves,o ur h eirs, a xecutors, a dministrators a nd s uccessors,j ointly a nd Aeverally, firmly by these presents. Sealed with our Seals and dated this 5th day of February , 2003. The conditions of the above obligation is such that WHEREAS,the above bound Principal is about to file a map entitled PARCEL MAP Subdivision IVIS 010018 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against said tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW,THEREFORE, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map, then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. (Approval Stamp) CLYDE MILES CONSTRUCTION CO.,INC. a California Coryoradon By: (Attach Acknowledgement Travelers-Casualtv Travelers-Casual &SuretvConivanv of America by Principal) d'L &.On (Attach Acknowledgement by Surety) �ry r By' BATE: (f Shirley Y"ork-B44 Attorney-in-Fact BOND RZVIZWib AND APPROVED CO COSTA COUNTY TRJW R- BY: State of California ) s. County of ` - On 9, 3 before me, � . Notary lie personally appeared ' personally known to me(or proved tom on the basis of satisfactory evidence)to be the person(s)whose name(s)is/subscribed to the within instrument and acknowledged to me that he/skeAhey executed the same in his/hauthorized capacity(ies), and that by hishierAheir signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. TERESITA N DEL ROSARIO Witness my hand andofficial seal. � Comm.11288803 rrnn NOiARYPURLIC•CAVORMIA yl Contra Costa County My Comm.Ezpitas Jan.28,2005 SIGNATURE - - - --- -- - -- - - -- -- - - - - - - --OPTIONAL- - - - - - - - - - - -- - - - - - - - - - - - - -- Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and haying their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: R. Scott Daugherty, G. Sue Dituri, Shirley York-Bassel, of San Francisco, California, their true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizanees, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED:That the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys- in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED:That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED:That the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding uporifhe Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 14th day of January 2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY. }SS.Hartford FARMINGTON CASUALTY C13MPAfi?Y• COUNTY OF HARTFORD MVL ®Y George W.Thompson Senior Vice President On this I Vh day of January, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission spim June 30,2008 NotaryNubile Marie C.Yetrisi CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors,as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 5th day of February. 2003. m Y til:2 By. - -- ' Kori M.Johanson . � Assistant See Band CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA _w County of. ALAMEDA On February 5, 2003, before me, MICHELE GLASKY, NOTARY PUBLIC personally appeared SHIRLEY YORK-BASSEL. XX personally known to me—OR- Oproved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity , and that by his/her/their signature on the instrument the person, or the entity MICHELLE GLASKY on u behalf of which the person acted 32 NOTARY PUBLIC CALIFORNIA p ALAMEDA COUNTY C executed the instrument. * COMM.EXP.JUNE 17,2003, WITNESS my hand and official seal. Signature of to Public