HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-036 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND GWVER
NOES: NONE
ABSENT: SUPERVISOR DESAUJ",,TIER
ABSTAIN: NONE
RESOLUTION NO. 20041 36
SUBJECT: Approval of Road Improvement Agreement for Windermere Phase II Ridgeline Trail,
RA 1149(cross-reference Subdivision 8507),being developed by Windemere BLC
Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III)
The following document was presented for Board approval for Windemere Phase II Ridgeline
Trail,road acceptance file RA 1149(cross-reference Subdivision 8507)property located in the San
Ramon(Dougherty Valley)area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land Company,L.L.C.,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement,within one year from the date of said agreement.Improvements generally consist of trail
improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator-. Public works(ES) on the date shown.
Contact: Teri Rie(313-2363)
LT:nn
G:\GrpData\EngSvc1130\2004\01-13-04\RA 1149 Bo-15.doc ATTESTED: J l) Y �3 9 ��t
CC: Public Works-T.Bell,Construction
Current Planning,Community Development JOHN SWEETEN, Clerk of the Beard of Supervisors and
T—October 16,2004(P1)
Windemere BLC Land Company,L.L.C. County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Atm Brian Olin
The Continental Insurance CorMany
2600 Lucien Way,Suite 130 By .- Deputy
Maidand,FL 32751 ' °J
An:Patricia H.Bmbner
1
RESOLUTION NO.2004/ 36
SUBJECT: Approval of Road Improvement Agreement for Windemere Phase II Ridgeline Trail,
RA 1149(cross-reference Subdivision 8507),being developed by Windemere BLC
Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
DATE: January 13, 2004
PAGE: 2
1. Cash Bund
Performance Amount: $1,600.00
Auditor's Deposit Permit No. DP 415831 Date: December 4, 2003
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
II. Surety Bond.
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 285 606 November 21, 2003
Performance Amount: $159,400.00
Labor&Materials Amount: $80,500.00
Principal: Windemere BLC Land Company,L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/36
ROAD IMpROVEMM AGREEMENT
Developer: WinLe ere BLQ Land C)mpany,LLC .. Effective Date:
Development. RA 1149(Cross Ref.SUB 8507) ... Completion Period- I year
WINDEMERE BLC LAND COMPANY LLC,
Road: Windelrere Ridygling Trail ... a California limited liability Company
By:LEN-OBS Windemere,LLC
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A Delaware limited liability company
DEVELOPER Managing Member
Ct T— 0STA COUNTY By:Lermar Homes of California,Inc.,
Maurice M.Shiu,Public Works Director Managing Member
BC_� �LAII (signature)
y'.
(print name&iitle) &harson,Vice President
REC07ED FOR APPR VAL
By: (signatu
gjnceri*#!8t1v1Te-s Division (print na &title mi iooq,Asst.Secretary
FORM PROVED: Victor J.Wessman,County Counsel (NOTE, All signatures to be acknowledged. if Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313,3
1. RA&UES-&—DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cggnty,"and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. lMPRQyLN _JENfreIS, Developer agrees to install certain road improvements(both public and private),drainage improvements,sips,street lights,
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and
on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments
thereto).
Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof 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. IMPROVEhEh9_SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance_pdu;lmt
Q $ 1_600.00 cash,plus additional security,in the amount of$ _159-4K00
j _�_
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 cheek or cashiers check.
_X_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
R _For_Payment: Security in the amount of$ g0 500.00 which is fifty percent(501/o)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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with 594-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK, Developer guarantees that said work shall be free from defects immaterial or workInanship,and shall
perform satisfactorily for a period ofone-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4,6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system
n CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 1.�� ',
At_1�t /N t R OPTIONAL SECTION
County of l.il - lA G' s-CA CAPACITY CLAIMED BY SIGNER
On before me,KAMEN L_K�-E\IAN .t``O'rA1e,.Y Fu8u c_ , Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E.G.,"JANE[TOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
'' +� persons relying on the document.
personally appeared �.lt�tV{ Z...R'�.�t�i"`is Hf�iCt �...`�(1�1t1�C?GI't l l"'�!
NAME(s)OF SIGNER(s) D INDIVIDUAL
personally known to me-OR-D p to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)Mare TITLE(s)
subscribed to the within instrument and
acknowledged to me that heaiwe/they executed
;�;.. O PARTNER(S) ❑ LIMITED
the same in 6&4w/their authorized
KAIZEN L. KEENAN11 GENERAL
capacity(ies),and that by hisUr/their
^q . Commission# 1378827i� z signature(s)on the instrument the person(s)or p TRUORENE-IN-FACT
< »s Notary Public - CORO n b the entity upon behalf of which the person(s)
Z
Contra Costa County acted,executed the instrument. 0 GUARDIAN/CONSERVATOR
my Comm.Expires Oct 7,2006 El OTHER:
MW 14P ESS my and o ciai seal, SIGNER IS REPRESENTING:
�► /} (NAME OF PERSON(S)OR ENTITY(IES))
SIGNATURENOTARY
OPTIONAL SECTION
FTHERTIFICATE MUST SE ATTACHED Title or Type of Document
DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
t
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed
11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Si ping party must be either a general partner or be authorized in writing to have
the authority to sign for and ind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
b}}The President
c Any Vice-President
GROUP 2. aThe Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
IC Mw s
G:1GrpDatiTngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc
Rc.August 1,2001
%.VVr417 Vrt,UNIKA%-Vb1A
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA _j z
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.1
DESCRIPTION FUND/ORG. SU& TASK OPTION ACTIVITY AMOUNT
t
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1 '�11 � � 6-G- *c a)
t
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to 1 rh` 'G�l� r
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I�Y
-7 c�
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EXPLANATION: + r�!
C t 7 112 Z/V 7y DEPOSIT
t �' f! Deposit consists of the following"rterm
� z S t, J
�r f 1 CONN and CURRENCY $ t r
t. (`7! /.� L�� �J _ ��C CHECKS,M.O.;ETC. y r> 6,6 3, t +
BANK DEPOSITS $
3;
. r, � , p ,-, ; / FOR AUDITOR-CONTROLLER USE ONLY
,r t, t /
DEPOSIT
!C-� 11� ! (? �r "fC' , - i PERMIT {jp
• : NUMBER
13; 9,qX N f DATE' 1583+ DEQ' .03 t
t ASSIGNED l
The amount of money described above is far Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
d sit into the County Treasury. acknowledged.
Signe
r� S Signed: j " f LA E `
EXT. t t Deputy County AuditorDeputy C y Treasurer
D-34 REY.(7-93) I _
.........................................I....... ...... ........ .......................................
................ ...............................
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(0,w.ri-fion)
(for Cash Collection Procedures we County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG Sull TASK OPTION ACTIVITY AMOUNT
ACCT.
$
RG V/_5� 3,25 7,1 Yl
jj, I I I I- I I I I L_ L I L I I I
2 1506
E&D �11' 106
0900 ��45 90 �0
EXPLANATION: TOTAL $
DEPOSIT
L
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.0,ETC. $
BANK DEPOSITS $:Z
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT dP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer' receipt of abt
sit into the County Treasury. ;�� d. Receipt of above amount is hereby
acknowledged,
Si Date /Z y I
LOA(—
Signed: Signed:
Title: EXT. Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
off'
0649-9665 / 831000 : 61122075, $16,410.00, Sub 8698, Landscape
Improvement Inspection Deposit, Shapell Industries of No. Calif. 100 N.
Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 831000 : 61122076, $500.00, LP 2063-99, Deferred
Improvement Agreement, William Reddick, 4091 A Orwood Road, Brentwood,
CA 94513
0649-9665 / 831000 : 61122079,$10.750,00, RA1149, Road Acceptance
Inspection Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #'310, San
Ramon, CA 94583
0649-9665 / 831000 : 61122081, $500.00, RS2852, Record of Survey
Check, Mark Landis, 5008 Totom Court, Antioch, CA 94509
819800-0800: 61122075,$1,990.00, Sub 8698, Landscape Cash
Performance Bond, Shapell Industries of No. Calif. 100 N. Milpitas Blvd.,
Milpitas, CA 35035
819800-0800: 61122080, $1,600,00, RA1149, PerformanceCash Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Raman, CA 94583
821400-0800: 61122238, $12.858.82, SR SCC Sub Reg, City of San Ramon,
2222 Camino Ramon, San Ramon, CA 94583
821500-0800: 61122238, $1.501.91, SR SCC Reg, City of Son Ramon, 2222
Camino Raman, San Ramon, CA 94583
0682-9752 / 819200: 61122256, $3,257.51, Bus Shelter, Viacom Outdoor,
2502 N. Black Canyon Hwy, Phoenix, AZ 85009
Bond No.: 929 285 606
Development: RA 1149 (Cross Ref.qUB $507)
Premium: $669.00
EXECUTED IN DUPLICATE
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code§§+66499-66499-10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on,or along RA 1149 to complete said work-within the time Specified f r compleTion
in The Road Improvement Agreement,all in accordance with State and local laws and rulings.
- 2. OBLIGATION-. Wjpdemere BLCLa -4
qu CM C. as Principal and
The Continental Insurance Company a corporation organized under the laws of The State
of New Hampshire
_,and allthoriZed to transact surety business in California,as Surety,hereby jointly and
severally bind ourselves,our heirs,executors,administrators,successors and,assigns to the County of Contra
Costa,California to pay as follows:
A. Performance: Qne Hundred fif
-- -Hu ty Nine Thousand Four HMdrCd_ Dollars
. 159
,4qQ.00-- __J for itself or any city assignee under the above County Road
Improvement Agreement,plus
B. Payment: Eighy Thousand Five Hundred Dollars
($ - 80,500.00 _)to secure the claims to which reference is made in Title 15 §§et seq.
of the Civil Code of the State of California.
3. CONDITION.
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 mWer 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 effcct.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On November 24, 2003 before me, Kissandra Scott, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. "` " �` �WM
C ffWrd bn#/1
t�.t1
y6
j%1MVC0MM-FX0MjM?.2]W7
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 farm.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President L.ennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Band No. 929 285 606
Number of Pages: Two 2
Date of Document: November 29 2003
Signers (other than these named above): Patricia H. Brebner
f
CALIFORNIA ALL-PURPOSE A( IOWLEDGMENT No.5907
State of California
County of Orange
On November 21, 2003 before me, Leigh McDonough,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,-SANE DOE,NOTARY PUBLIC-
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to rine-OR- ❑ proved tome 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
LEMH}. McuczNOtt tt behalf of which the person(s) acted, executed the instrument.
C:.omml,;sion#1328674 �
= s R Notary Public-Cstifafniaty
�Ai omnge r r i Na 213 5~ WITNESS my hand and official seal.
S#GNATURE OF NOT Y
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
Fj 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 ENTITY(IES)
41
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2198 0 i993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184-Canoga Park,CA 91309-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance
Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC 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 seats
herein affixed hereby make,constitute and appoint
Mike Parizino,Linda Enright, Rhonda C.Abet,James A. Schaffer,Jane Kepner,Nanette Marietta-Myers,Patricia H.
Brebner,Alexis H.Bryan, Leigh McDonough, Individually
Of lrvine,California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seat 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-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
ti
Michael Gengler Group Vice President
State of Illinois,County of Gook,ss:
On this 2nd day of April,2002,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 The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark, New Jersey,a New Jersey corporation described in and which executed
the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such eorpdrate seals;that
they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to
like authority,and acknowledges same to be the act and deed of said corporations.
'OFFICIAL SEAL"
DIANE FAULKNER
Notary Public,$tote of Illinois
My Commission Expires 9/17/05 V"",
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
t,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark,New Jersey,a New Jersey corporation 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 reverse hereof is still
in force.In testimony whereof i have hereunto subscribed my name and affixed the seal of the said corporations this 21st_ day of
November 2003
AN
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
...
Mary A.Ribikawskis Assistant,Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January,1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship,and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
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