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HomeMy WebLinkAboutMINUTES - 05022006 - C.12 TO: BOARD OF SUPERVISORS t� �� Contra FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR Costa DATE: May 2, 2006 °O' "`$�, County .srq•cb6rs'f'I SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 99-08150, San Ramon (Dougherty Valley) area. (District III) SPECIFIC,REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ee3l for Subdivision 99-08150,approving the Third Extension of the Subdivision Agreement for project being developed by Windemere BLC Land Company,LLC,San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision Agreement extension has expired and the surety company has changed. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement extension will not be renewed. Continued on Attachment: ✓� SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RFGOMMENDATION OF BOARD COMMITTEE _ PPROVE THER r SIGNATURES ACTION OF BOA ON m APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct ✓ UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. Mon G:\GrpData\EngSvc\BO\2006\05-02\SD 99-08150 BO-1l.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: m� BOG Bond No/DaP Public Wo(Februaks—Cons12,tion JOHN CULLEN Cl c of the Board of cc: Public Works—Construction , Current Planning,Con munity Development T—January 19,2008 Supervisors and County Administrator W indernere BLC Land Company LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Travelers Casualty and Surety Company ofAnrerica By , Deputy 9325 Sky Park Court,Ste 220 San Diego,CA 92123 Attn:Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006 by the following vote: AYES: Uilkema, Piepho,DeSaidnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 99- 08150, SanRamon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 99-08150, in the San Ramon(Dougherty Valley) area, through March 19, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: December 2006 ♦ REASON FOR EXTENSION: Project is in warranty period and renewal agreement extension has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. EH:rm G:\GrpData\EngSvc\BO\2006\05-02\SD 99-08150 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: T.Ric(313-2363) Bond No/Date:SP7787(February 12,2006) shown. �j cc: PublicWorks-Construction ATTESTED: � Oce, JWe1 Current Planning,Cunanonity Development T—January 19,2008 JOHN CULLEN, Cler of the Board of Supervisors and County Windemere BLC Land Company LLC 6121 Bollinger Canyon Road Suite 500 Administrator San Ramon;CA 94583 Atm:Brian Olin Travelers Casualty and Surety Company of America 9325 Sky Park Court,Ste 220 San Diego,CA 92123 1 By ""' � ,Deputy Atm:Rosa E.Rivas RESOLUTION N0.2006/ p(�J CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Sub 99-08150(x-ref sub 7976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: March 19, 2002 3rd Extension New Termination Date: March 19, 3999200$ �— Improvement Security Surety : Travelers Casualty and Surety Company of America Bond No. (Date): SP7787 (February 12,2006) (Old Bond No. 11127507561) Security Type Security Amount Cash: $8,100.00 (1% cash, $1,000 Min.) Bond Rider : $ 120,810.00 (Reduced Performance) $406,800.00 (Labor &Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby a ee ther to a acknowledge same. Dated: Dated: March 16, 2006 L see attached signature page FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu, Public Works Dire for By: 01 i;V V � Printed Developer's Signature(s) RECOMMENDED FOR VAL: By: Printed 25 Enterprise (Enginon g S rvi es ivision) Aliso Viejo, CA 92656 Address (NOTE: Developer's, Surety's and Financial Travelers Casualty and Surety Company Institution's Signatures must be Notarized.) of America Surety or Financial Institution PORMAPPROVED VCt0TJ.WLtn1W1.Cjm1yC0UMC1 9325 Sky Park Court, Suite 220 After Approval Return toClerk ofthe Board San Diego, CA 92123 Address Printed Attorney in Facts Signature Rosa E. Rivas WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC.,a California Corporation, its Managing Member By: y✓� Greg omi, Vice President By: � Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 17, 2006 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same-in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. official seal. -• D1"^ # 14 Commission# 1453670 =!n:,dand z . Notary Public-California • Orange county My Comm.Expires Nov 28, )nn- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greg Pomi— Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Subdivision (Right-of-Way Landscape) Agreement Extension for Surety Bond No. SP7787 (Formerly 111 2750 7561) Number of Pages: Two (2) Date of Document: March 16, 2006 Signers (other than those named above):Rosa E. Rivas CALIFORNIA.ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 16 2006 before me, G.L.Reza, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E.Rivas NAME(S)OF SIGNER(S) ® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon (f behalf of which the person(s) acted, executed the instrument. �I G L. REZA 66 0 v COMM. #1395003 Ig g <m , NUTARY PUBLIC-CALIFORNIA o WITNESS my han a official seal. v QIuKANGE COUNTY ro QQQ My Comm,Lxp. Jan. 21,2997 I[ • SIGN E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ST PA UL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213962 Certificate No. O O O 13 0 3 2 3 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A. Schaller,Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C. Abel, Stanley C. Lynn, Jane Kepner, Grace Reza, and Rosa E. Rivas of the City of Irvine ,State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theira..business off..guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permiitte&m anylac tions or.goceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument,to be signed theiYco ate seats to be hereto affixed,this 2nd day of February 2006\ Farmington Casualty Company' \}J St.Paul Guardian Insurance Company Fidelity and Guaranty lInsurance`Companyg� - St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GySU.t � $twf/Y f\AE b A,1 IN \NS \.TY 4M0 r os"!e: SH State of Connecticut By: City of Hartford ss. 9#41ge W ompson,Sen(j Vic President On this the 2nd day of February 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,SL Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers - Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C.Til7 In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2006. 'Ol/BL�O i Marie C.Tetreault,Notary Public 58440-9.05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington CaguaIty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Suiety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,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;and it is FURTHER RESOLVED,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;and it is FURTHER RESOLVED,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; and it is FURTHER RESOLVED,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 Attomeys-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 upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1;Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Sure,�Company.ofvAme i a�and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powesof,Attorney,execa ed by said�&mpanies,which is in full force and effect and has not been revoked. }1 IN TESTIMONY WHEREOF,I have hereunto set my hand and'affrxcd the-seals of saaii&Companies this 16th day of March _2006 . k, ti t 4: d � Kori M.lohans Assistant Secretary y GI.SUA $t�t{Fry FI0.E 6 �pN I,yfG �IM54q JpiTv AMO@ l+0�E1Y� �Y't1b <J J y O 9 JP...........q 0 G a• ply"'�vr•OgTt L .6 y�p�'p a� AA tPCOPPyFATp�'r< j4/�:' 10,g F,n HnNTWi1D + �[ggngry, 0 5y� S p ,19� j: -0. t n •i 'o W CONN. e �g N 1899 �y. n� P `'a0F1 cNt� s4F,m�f` X15:AN�b o1g.......p+a �+t +�' • � Alq� w. ; • � To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CONTRA COSTA COUNTY REQUEST FOR SUBDIVISION AGREEMENT EXTENSION Development Number: Sub 99-08150 (x-ref sub 7976) If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner, as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: Pxfa Please provide your anticipated date of completion: r7y0 Please provide your construction schedule: Please provide us with your Federal Tax ID Number: ``� "✓�.Z`1 l���o (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: (Use additional pages,if necessary) Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT ' . ENGINEERING SERVICES DIVISION COST AND TIME NOTIFICATION FORM Cost: The Public Works Department collects deposits for map checking, improvement plan review and inspection based upon a percentage of your Engineer's Cost Estimate and a calculated"average" of staff time required. These deposits ate used to cover the costs accrued by our staff while processing your development. Your final cost could be more or less than this average. During the course of processing your development,there may be three (3)phases. I: Application, map checking, improvement plan checking or compliance with conditions of approval. Board Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits. (Note: Once your improvement plans are approved,yourproject immediately proceeds into the inspection phase whether or not construction actually begins, and all succeeding staff time is charged accordingly). II: Construction and inspection process. Board Action: Formal acceptance of constructed improvements. III:Warranty period if development includes construction of public improvements. Board Action:Confirmation of satisfied warranty period, exoneration of surety bond or letter of credit and return all remaining cash deposits. Prior to submitting a Litems to the Board of Supervisors for approval, we will review your deposits and our staff charges.If the chargesexceed your deposit,you will be billed for the difference.If the deposit on hand is less than our estimate of costs remaining,you will be required to increase your deposit. On completion of your project, we will refund any unused deposits. It is important that you understand that all staff time spent on your development,including time for writing letters,telephone calls, counter calls, bonding company inquiries, meetings, appeal processes, revisions, and related activities is charged against your deposit for each phase of development. The longer it takes to complete improvements,the more charges you will probably accrue. You can help to keep your inspection costs down by notifying the inspector in advance of your - construction schedule and by keeping the inspector informed of your progress. We cannot overstate the financial benefits to you of constructing your improvements in a timely manner. Time: The time required to process your development through the Public Works Department can vary greatly depending on the complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your tum around time. Average processing time is from 6 months to 2 years or more. Please allow for this time in your scheduling. Some factors affecting time are uncontrollable but others can largely be controlled by: 1) insuring that all submittals are complete; 2) addressing all comments from staff, 3) returning your corrected documents back to the Public Works Department as quickly as possible. Be aware that the rights given to you by your Tentative Map or permit are only good for a fixed amount of time. It is up to you to insure that all processing is complete before this time expires. Please contact your planner to insure that your rights are protected and that you will have adequate time for processing. Should you have questions about the development fees or process,please do not hesitate to contact your map or plan checker or the Engineering Services Division at(925)313-2000. .............................................................N a%E a§0 0 a 3 M a 0 a N a 0 N 0 6 2 a 0 0 0 0. I have read,and understand,that the cost for processing my development is based on actual time and materials spent by the County's staff during the processing and review of my development,and that I am responsible for paying all staff costs prior to any action by the Board of Supervisors. I also understand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure that adequate time is wallowed for processing and that any rights I may have are protected. (Signature of Developer) (Date) 4A G���� .�u�_ 916r - Kit If . �r I-F (PrintedName) Development Number rzv: (If time is of the essence for your development,your map check and/or improvement plan review may be placed on an accelerated schedule for 50% fee premium. For details of this premium processing service,please discuss this option with your map or plan checker.) G WORDLL-I FORM.Joc Updmed BNt STPAUL Fireman's OTRAVELERS Fund'. SURETY BOND ENDORSEMENT TO: County of Contra Costa 255 Glacier Drive Martinez, CA 94553 Attn: Public Works Department RE: Bond Principal: Windemere BLC Land Company, LLC Surety: The American Insurance Company Surety Bond Number: 11127507561 Description: Tract 8150 - street, drainage and other improvements in Subdivision. Bond Amount: $805,400 reduced to $120,810 by rider on 6/24/05 The purpose of this Rider is to: [X] CHANGE BOND NUMBER Effective February 12, 2006, surety bond number 11127507561 is changed to SP7787. [X] CHANGE SURETY COMPANY Effective February 12, 2006, Travelers Casualty and Surety Company of America ("Travelers") replaces The American Insurance Company ("FFIC") as surety on the above referenced bond and, accordingly, agrees to be bound by the terms of the above-referenced bond and to perform all of FFIC's obligations thereunder as if the above-referenced bond had originally been issued by Travelers. Upon execution of this Surety Bond Endorsement by all parties hereto, FFIC shall have no further obligation or liability under the above-referenced bond. Signed, sealed and dated November 29, 2005. Travelers Casualty and Surety Company The American Insurance Company of America By: By: Cindy Thun Fic eiredo Attorney-in-Fact Attorney-in-Fact Accepted by Cou of Con osta By: a 1 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Cindy Thun FiOueiredo of Novato , CA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any.power of attorney,any'revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 02 day of November , 2001 FIREMAN'S FUND INSURANCE MPANY NATIONAL SURETY CO RATION ` °� '� ° - c =�' —•` v 1 THE AMERICAN INSTm,�N COMPANY ?' 71 ec • • • SEALiti- URAN ASSOCIATED INDELR= RATION AMERICAN MOBILE INS COMPANY STATE OF CALIFORNIASS. - By COUNTY OF MARIN On this 02 day of November 12001 ,before mepersonally e Harold .N_. Marsh to me known,who,being by me duly swots,did depose and say:that he is a Vice President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. ,. KRISTIN A.GAZZOU D COMM.#1262236 NOTAWPUBUC-CAUFORNIA Q MARIN COUNTY O My Comm.Explles W 29,2tp1 'i ' _ N i STATE OF CALIFORNIA i SS CERTIFICATE COUNTY OF MARIN J L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 29th day of November 2005 •tEEEII, L,l,/.N'i�G �`.AGER � ,r.(//r�r.'RR��.f��frr. Com. ``t'},...�r�.td �°'• �C�'�"1 '•.11L.• x yl�{U► • ♦ Trig 6•A Ll'T cam" •...... �'�kcc N``� *+MCE GO'�! �Wrns.K° Resident Assistant Sca=red' 1 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 6th day of January,2006. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD y sun gJn,,IY ANON Y� �e �' `ya` 0't • } L ,"� ttASriFORG a HARTFORD t C7 ']y g j� O BY i CONN. o° Y¢, • �D 'M'E'Cff'-, George W.Thompson ���'O" `b+ �N}D bey • "`' Senior Vice President On this 6th day of January, 2006 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. C0.7 My commission expires June 30,2006 NotaryPublic Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President 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 day of ,20 TY ANaS CASU�C}L HARTFORD 3 a HARTFORD, i V' 19 8 j O CONN. CONN. o S • D By Nicholas Seminara Senior Vice President