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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-502 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted this Resolution on August 9,2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO,' DESAULNIER, GLOVER AND UILKEMA NOES: NODE ABSENT: DONE ABSTAIN: NONE RBSOT�UTTCI'�I N . 2(145! 502 SUBJECT: Approving the Road Improvement Agreement for Charbray Street(North),RA 04- 01159(cross-reference Subdivision 99-08381),being developed by Shapell Homes,a Division of Shapell;Industries,Inc., a Delaware Corp.,Danville area. (District III) The following document was presented for Board approval for Charbray Street(North),road acceptance fileRA 04-01159 (cross-reference Subdivision 99-08381) property located in the Danville;area, Supervisorial District III; A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required in said read improvement agreement,within one year from the date ofsaid agreement.Improvements generally consist of road 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 Oy*nator: Public Works(Es) taken and entered on the minutes of the Board of Supervisors Contact: Teri Rie(313-2363) Bs.rn, on the date shown: iG:\GrpData\EngSv6BO120Q5\08-09\R A G4-01159 BO-t 5.doc cc: Public works-T.Bell,Construction Current Planning:Community Development ATTESTED: AUGUST 09, 200"J T—June 9,2006 Shapell Homes;a Division of Shapell Industries,Inc.,a Delaware Corp. JOHN SWEETEN, Clerk of the Board of Supervisors and I GO N.Milpitas Blvd. Colla Administrator Milpitas,CA 95035 �J Atm:Robert Moore National Fire Insurance Company of Hartford 2355 E.Cantelback Road,Ste 500 Phcenix,AZ 85016 Am,:Gina O'Shea By Deputy RESOLUTION NO.2005/ 502 SUBJECT: Approving the Road Improvement.Agreement for Charbray Street(.North),RA 04-01159(cross-reference Subdivision 99-08381),being developed by Shapell Homes,a Division of Shapell Industries,Inc., a Delaware Corp., Danville area. , (District III) DATE: August 9, 2005 PACE: 2 I. Cash Band Performance Amount: $17,400.00 Auditor's Deposit Permit No. DP 447937 Date: July 14, 2005 Submitted by: Shapell Domes Taxpayer identification number: 95-2578030 II. Surety Band Bond Company: National Fire Insurance Company of Dartford Bond Number and Date: 929348512June 27,2005 Performance Amount: $1,721,700.00 Labor&Materials Amount: $869,550.00 Principal: Shapell Karnes, a Division of Shapell Industries, Inc.,a Delaware Corp. NOW, THEREFORE, IT IS :RESOLVED that said road improvement 'agreement is APPROVED All deposit pen-nits are on file with the Public Works Department. RESOLUTION no 2005/502 &QAD IMPROVUhr1I NT AGREEMENT Developer: havll iaestivi =ort of$MWt ind ri , Y„ Effective Mate: A Delaware QM Completion Period: 2 year Development: R A 04-011 59 tcrtta—s-rdSD 9►8381� Road: C arbrav Streetalorthl THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENTHERETO: QQNTRAQSTPi CC LKa 2EY.RL P R Maurice M.Shirt,Public.Works Director By: ' tsignawrolame (prim n &t lel 10imij RECOMMENDED FOR APPR tVAL By: (c!! l Engineering SDivi ort WV a) kr I FORAPPROVED: Victor J.Wessman,County Counsel (N( All sipatures to be acknowledged. If Subdivider is incorporsted,signatlums utust otmform with the designated representative groups pursuant to Coquwatmns Code 9313.) i. PA„RTI; ATE.Effective on the above date,the County of Contra'Cost a.Celifiur*hereinafter called"QqUW,"and the above-mentioned et er, mutually Promise and agree as follows concerning this development: 2. 1MP12UVElvf h TS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street tights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans forthis development asrreviewed and an file with the Contra Costa County Public Worcs Department and in conformance wills the Contra Caste CourttyOrdinance Code(including future atrlendttrents thereto). Developer shall ctnrtplete said wotk 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 trade thereunder;and where that is a conflict between the improvement'plans and the County Ordinance Cone,the stricter requirements shall govern. 3VElw1Ei T— 3*,RlTY. Upon-erceouting this Agm ment,..the.Developer-shah putsuant.to the County Ordinance Code provido as.smo to the. County: A. For Parforrnattice opd Crtl*rantee. $ 17.400':00 cash,plus additional security,in the amount of$ ),721700,00 which together total one hundred percent(1000/6)of the estimated cost of the work. Such additional security is presented in the form of- Cash,certified check or cashiers check. X, Acceptable corporate surety bond. Acceptable irrevocable letter of credit, With this security,the Developer guarantees performance tender 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 Paymenii Security in the amount of$ 969,55Q.00 -,which is fifty percent(50°10)of the estimated cost ofthe work.Such security is presented in the forte of: Cash,certified check,or cashier's check 3t' 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 therm 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 S94-4,406 and S94-4.408 of the Ordinance Code. 4. GUARANUE AND MtARRAM OE 1ORK, Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT EMBLISHMEff WORK. Developer 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 ofpl ants. Said plant establishment work shall be performed for a period oforre-year from;and atter the Board of Supervisors accepts the work as complete. b. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised: 7. NO WAIVER BY COUNTY. Inspection ofthe work and/or materialsi or approval ofwork and/or materials or statement by artyoffiaer,ageruoromploym 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 ofsaid work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer ofhis obligation to fulfill this agreement as prescribed;norshall 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; Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The inder-nines benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees; B. The�ie protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,told 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 uAfordeeabie 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. The#glom causing Iidbd?�are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non:ConditiotL: The promise and agreement in this section ere not conditioned or dependent on whether or not any Indemni has prepared,; supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these mattters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. Developer shall pay when due,all the costs'ofthe work,including inspections thereof and relocating existing utilities required thereby. to, ).,0N-PERFORMANCE ANQ COSTS;If Developer fails to complete the work within the time spe ifled in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contractor otherwise,and Developer',agrees to pay ail costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand, Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete,and/ormaintairrthe work.'' Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,evert if Developer subsequently proceeds to complete the work. it. INCORPC}RATION}ANNEXATION. If,before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter ofcredit 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 Developer,who shall fulfill all the team of this agreement:= as though Developer had contractedwith the city originally. 12. CONSIDERATION. In consideration hereof: (Check'applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into tate County-maintained road system,atter the improvements are complete. Other(requires County Counsel approval RL-kw \\PW541SMARDATA\GrpData\En$Svo\Forms\AG VVORMAG-24.doc Rev.April,6,20114 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' State of California County of ss Can '11 \-0- before me, Date Name and Title of Officer(e.g.,Pane Doe,Notary Public) � personally appeared W) ogf z- 0 Name(s)of Signer(s) personally known to me 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 SAiaoN sAva he/she/they executed the same in his/her/their z � Commission a Notary Publi -California authorized ca acity((es)� and that by his/her/their Santa ClataCounty signature(s) on the instrument the person(s), or the My Comm.Expires Oct t 3,2Cio entity upon behalf of which the persons) acted, executed the instrument. W!T CESS my hand and offi ial seal. Place NotarySSeal Above a i Signature of Not ry Public OPTIONAL Though the information below is not required by law,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: t: � v'\"' 'r-e-0-yr,e -e n Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s)' Signer's Name: Signer's Name; ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer-Title(s): ❑ Partner-❑Limited ❑General © Partner—71Limited ❑General ElAttorney in Fact Top of thumb here Ll Attorney in Fact • '` ❑ Trustee11 Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 DEPOSIT PERMIT l OFFICE OF COUNTY AUDITOR-COWROLLER TO ThtE EA ER:' MARTINEZ,CALIFORNIA RECE VE0;& ORGANIZATIONNUMBER' (For Cash Collection Procedures see County Administrator's BuDeatin 105.) DESCRIPTION FUND/C IRG SUB. TASK. OPTION ACTIVITY AMOUNT ACCT. $ l FX. 2i`_ ' ` r'1' .`i y. , f s.i ' >.'. � v „ E. r F •F P°d � 1 f f .... t r 7 l 7. j. 1. 1 1 NA TION: TOTAL i DEPOSIT t alit consists of the following items t �N'arx9 CURRENCY CH CKS,M.O.,ETC. FF NK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT [RFs NUMBERDATE ' ASSIGNED The amount of;money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hfreby deposit into the County .Trecesury. � acknowtepdged. Signed Date Signed: Signed k Tido, EXT. iuty<Countj+'Auditor Deputy County Treasurer 34 REV..(7-93) 07 0649-9665 1 112300: G1162246, $16,044;00, DA 05-0058, Plan Review,abrien at Pacheco LLC, Belmont Terrace, 2001 Winward °Way, Suite 200, San Mateo, CA 94404 0649--9665 / 1123001: G1162254, $550.00, LAFCO05-11, Map & Legal Description Review, Windemere BLC Land ::Co.,. 6121 'Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665` / 112300: G1162251, $550.{x, LA'FCO 05-11, Map & Legal Description Review, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95033 0649-9665 / 112300: G1162254, $81,800.00, RA 04-01159,' Road Acceptance Inspection, Shapell Homes, 100 North Milpitas Blvd'., Milpitas, CA 95033 819800-0800: G1162253, $17.400.00, RA 04-01159, Cash Performance Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95033 Bond N .# 929 348 512 Development: RA 04-01159(cross-ref Sly 99-083811 Premium: $12,913.00 Alamo geek IMPROVEMENT SECURITv BOND FOR ROAD 1mPRUvEmr&NT AGM rmE `r (Performance, Guarantee,and Payment) (California Government Cade §§ 66499-66499,10) l. REct T'AL OF ROAD IMPROVEMENT AGREE NT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County; to install and gay for street, drainage and other improvements on,or along RA 04»01159 fer()ss-refSD 9'--083811 to completesaid work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. Orrr.,ICATION: Sha ll Ho;gyres A Diuisi n of Sha ell Industries tiac. A Delaware Qr- . ,as Principal and National Fire Insurance Company f Hartford ,a'corporation organized under the laws of the State of CT I , and authorized to transact surety business in California, as Surety, hereby jointly and severally Maid ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: C)ne Million Seven Hundred Twen C)ne Thaiisand Seven lJundred and 0031100 Dollars($ 1,721,7Q0,_.00 ) for 'itself or any city assignee tinder the above County Road Improvement Agreement,plus B. Payment Eight Hundred Sixtv Nine Thousand Five, Hundred F ft and 00/100 Dollars($ 869,550,00 )to secure the claims to which reference is Fronde in Title 15 et seq. of the Civil Code of the State of California. . CONDITION: A. The Condition of dais 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 perforin 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•trite intent and meaning and 'shall indemnify and save harinless 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 bree'and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shah be included reasonable costs,expenses and fees,including reasonableattorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,al 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>otherpersons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,far materials furnished,labor of any kind,or for amounts due underthe Unemployment Insinance Act with respect to such work or labor and that said;undersigned surety will pay the same in an amount not exceeding the arnount- I -ein 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 awat dt 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 of the State of Califomia,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work trader the 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 Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County 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 Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed,this document on June 27,2005 ShapellHomes,a Division of Shapell Industries PIUN'CIPAL: Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Addr s s: 100 N. Milpita iv Address: 2355 E. Camelback Roast,Suite 500 City: 11 itas CA ~9503 City: Phoenix,AZ 85016 By: By: � �. Print Name: 40 a 6 Print Name: Gina©`Shea Title: Attorney-in-Fact By: Print Name: '- Title; ' � - :gttti G:tGrWi)atnl{,a�Sicli•amrstl3N 1YLTltt)1i3t�•9.duc rev lwre ,200.s POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT' Know Ali Men By These Presents,That Continental Casualty C0mPAny,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Heading,Pennsylvania„a Pennsylvania corporation(herein called"the CIA 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 ofthe signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Danner,Gina O'Shea,Individually of Sherman Oaks,CA,their true.and lawful Attorney{s}-in-Fact with full power and authority bereby conferred to sign,seal ani execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Untim ted Amounts- and to bind thein 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 wWz 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 Wliereof,the CNA Companies have caused these presents to be signed by their Senior'Vice President and their corporate seals to be hereto affixed on this 2lst day of March,2005. Continental Casualty Company National Fire Insurance Company of Hartford a* OVW re American Casualty Company of Reading,Pennsylvania eD7 ! • .. Michael Gengler Sen` Vice President state of Illinois,County of Cook,ss. On this 21 st day of March,2005,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 senior"Vice President of Continental Casualty Company,an Illinois corporation,National Fire lnsurancei Company of Hartford,a Connecticut corporation, American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrutnent;that he knows 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 thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. of fPPQ;4.SEAL. GUZAMWE My Commission Expires September 17,2005 Eliza Price Notary.Public CERTIFICATE I,Mary A.Riibikawwskis>Assistant Secretary of Continental Casualty.Company,an Illinois corporation,National Fire Insurance Company of Harford,a Connecticut corporation,and American Casualty Company of Heading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is stillin force,and further certify that the By-Law and Resolution of the Board of 17irectors of the corporations printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporations this 7 til day of June � ��" �• Continental Casualty Company National Fire Insurance Company of Flartfo-rd American Casualty Company of Readin&Pennsylvania iutr�ti. tav� Mary A. ika kis Assistant'Secretary Form F6853-11/2001 Authorizing By-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 duly adopted by the Board of Directors of the Company, "Article IK--execution of Documents Section 3. 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-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"attorneys-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 thererto. The Chairman of the Board of Directors;the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at 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 17"'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 Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact 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-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 attorneys-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-pteviously 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 17s'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 2 of Article VI of the,By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company rosy 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 settled and eertified 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 Attorney-ins-Fact,subject to the limitations set forth in their respective certificates of authority,shall' have full 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 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 17" 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 ofany such power, and any power or certificate bearing such facsimile°signature'and seal shall be valid and.binding on tile 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." Stag of California County of Los Angeles On dune 27,2005 before me. Sonny Hunner-Notary Public Cyst* NAME.TITLE Of OFFICER.. "JANE OOE, NOTARY PUBLIC' personally appeared Gina a' ea NAW(S)Of SF Neft(S) ( x )personally known to me-OR-(--.-)proved to me on ftba of satisfactory evidence to be the persona) vvhbse name(s)ishet>e subscribed to the within Instrument and acknowledged to me that ft/she/oft executed the same infts/her/*Air authorized eapaoityW), and that by 1her/tor sigoature(u) on the instruortent the person(#),or the entity behalf of which the person(s) acted. executed the instrument. WITNE my hand and offWiatleal. SANDYt#XNNEIt comririssyorl#1 2157 3tr3f 1 ni bF f AEtY ai Notary Publt c-Caltiornta Los Angeles Qqunty OPTIONAL My yrr M, -Z;tq Though4w dada'below is not required by law,it may prove valuable to persons relying on the document and could provont fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATY'ACHm DOCUMENT INDIVIDUAlw. (... .) CORPORATE OFFICER TITLE(S) ' rrLE OR TYPE GIP DOCUMENT (._.) PARTNER(S) ('�..) LfiNTED GENERAL NUMBER OF PAGES {,.x.,} ATTORNEY-114-FACT {_...) TRUSTEE(S) {�:) GUARZ'i'f!1?w/CONSERVATOR {.....) OTHER DATE'OF DOCUMENT NAME OF.PSASONfSI OR 1=WITyilE I National Fireinsurance Company of Hertford SIGNER(S) OTHER THAN NAMED Ate©VE GI.1tf'��2e-,1} ICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing;this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bands and insureds on certain insurance policies written,by any one or more of the following Companies (collectively the "Writing Companies") as surety or insurer:Western Surety Co npan3 Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance' Company of Dartford,Axnerican Casualty Company of Reading, PA The Firemen's Insurance Company of Newark., NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the.Act was Zero Dollars ($0.00). B. I LOSSES The United States will pay ninety percent (90%) of covered terrorism lasses exceeding the applicable surety/insurer deductible. Form r-7310 CKLIFO1iA AL�.��'t�iRPOSE'ACKNt)'iiY'LEDG11 ENT State of California County of ss. On 6)C1 before me, Y y u Date Name and nle of Officer(a. ane Doe,Notary Public") personally appeared Y !qf Name(a)of Signer(s) r &Y- V. �ECVs 13 personally known to me -�..A CI proved to me can the basis of satisfactory evidence SARON SAVOY to be the person(s) whose name(s) islare subscribed Notary Commission -Californiato the within instrument and acknowledged to me that NataS�PtstailC- tali#tak Rntaro ZOi y he/she/they executed the same in his/her/their ply cornet � 3 2 CG authorized capacity(les), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI ESS my handan fficial seat. Place Notary Seal Above tgnatwrs Notary Pow— OPTIONAL owOPTIONAL Though the information below is not required by law,it may drove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Type of C3tacurnen#: / 1 f !`1clt A if r Title or T Document Coate: Number of:Pages: � ri&e,m en Y14 Signer(s)Other Than/Named Above Capacity(ies)Claimed by Signer(s) Signer's.Name Signer's Marne: C Individual © Individual Corporate Officer---Title(s): © Corporate Officer—Title(s): Cl Partner--0 Limited 0 General 0 Partner—0 Limited ,0 General 6 EJ Attorney in Fact Top of tf,umi,Here ©' Attorney tri Fact C Trustee rt3 of thumb here ©: Trustee ❑ Guardian or Conservator C Guardian or Conservator C Cather: COther: Signer is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 Oe Soto Ave.,P.O.Box 2402•Chatsworth,CA 91 313-2402 Item No.5007 Reorder:catt Toli,Free 1.800-876-8827