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HomeMy WebLinkAboutMINUTES - 05022006 - C.20 TO: BOARD OF SUPERVISORS t'-j t` _�� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g.•- s Costa DATE: May 2, 2006 dos:-- cA��4 County SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 00-08158, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ �, for Subdivision 00-08158,approving the Third Extension of the Subdivision Agreement(Right of Way Landscaping)for a project being developed by Windemere BLC Land Company,LLC,in the San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision Agreement (Right of Way Landscaping) extension has expired and the surety company has changed. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping) extension will not be renewed. Continued on Attachment: ✓ SIGNATURE: A ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE .__,,�PROVE OTHER SIGNATURE (S): / ACTION OF BOr ON N 6 APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct voTVoF SUPERVISORS ��' copy of an action taken and entered on the 1_ UNANIMOUS(ABSENT /ted ) minutes of the Board of Supervisors on the AYES: NOES: date Shown. ABSENT: ABSTAIN: TR:kg G:\GrpData\EngSvc\130\2006\05-02\SD 00-08158 BO-Il.doc ATTESTED: / Originator: Public Works(ES) — Contact: T.Ric(313-2363) JOHN CULLEN, erk of the Board of Bond No/Date:ST 1370(February 27,2006) cc: Public Works–Construction Supervisors and County Administrator Current Planning,Community Development T–February 9,2008 Windemerc BLC Land Company,LLC 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 By Z44 ,Deputy ATTN: Brian Olin Traveler's Casualty and Surety Co.of America 9325 Sky Park Court,Suite 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: Ui►kema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN:--None RESOLUTION NO. 2006/ e ' SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right of Way Landscaping) for Subdivision 00-08158, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement (Right of Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 00-08158,in the San Ramon(Dougherty Valley)area,through April 9, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: May 2007 ♦ REASON FOR EXTENSION: Project renewal agreement extension expired and surety company has changed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken TR:kg and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2006\05-02\SD 00-08158 BO-1 Ldoc shown. Originator: Public Works(ES) Contac[: T.Rie(313-2363) i[� /) � y_� Bond No/Date:ST 1370(February 27,2006) ATTESTED: �/ v �/ip tic: Public Works—Construction Current Planning,Community Development JOHN CULLEN, C c of the Board of Supervisors and County C T—February 9,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin Traveler's Casualty and Surety Co,of America By ,Deputy 9325 Sky Park Court,Suite 220 San Diego,CA 92123 ATTN: Rosa E.Rivas RESOLUTION NO.2006/ a_ � CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: SUB 00-08158 Developer: Windemere BLC Land Company LLC Original Agreement Date: April 09,2002 Extension New Termination Date: April 09,300.7.3 g' 4r— Improvement Security SURETY: Travelers Casualty and Surety Company of America BOND No. (Date): ST1370 (February 27, 2006) (Old Bond No. 1112750 7744) Security Type Security Amount Cash: $ 1,000.00 (1% cash,$1,000 Min.) Bond: $ 15,500.00 (Performance) $8,250.00 (Labor & Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Sre ;4ereby agre there and acknowledge same. Dated: i1t, Dated: March 30, 2006 FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works D' ec Windemere BLC Land Company LLC see attached signature page By: Printed Developer's Signature(s) RECOMMENDROVAL: By: Printed 25 Enterprise (Engi e ilig,§crvicesDivision) Aliso Viejo, CA 92656 Address Travelers Casualty and Surety Company of America (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite. 220 San Diego, CA 92123 FORM APPROVED. Vemr f.Wrstmun.County Counsel Address Aker Approval Return to Clerk of the Board F { Printed Attorney in Facts Signature Rosa E. Rivas Bond No.ST1370 Old Bond No. 111 2750 7744 WINDEM ERE 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: —7'�*— Greg Pomi, Vice President By: , Cindy Tho son, Ass Stant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On April 3. 2006 before me, Dina Print y, Notary Public, personally appeared Greg Pomi and Cindy Thompson, 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. Witness m hand and official seal. DINAPRINIY PCS Commission# 1453610 :' E-0Y Notary Public-California 1 Orange County oMy Comm.Expires Nov 28,2007 l 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. Cindy Thompson - 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. ST1370 (formerly#111 2750 7744) Number of Pages: Two (2) Date of Document: March 30, 2006 Signers (other than those named above):Rosa E. Rivas -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 30 2006 before me, J. Barragan, 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 J. SAML40M _ CmWan o lAWlaB signature(s) on the instrument the person(s), or the entity upon �y lis-C�af behalf of which the person(s) acted, executed the instrument. 0=90 CCU* MVon Comm.I 8 Jim 8.1Q1 WITNESS m nd and Ic' I seal. SIG RE OF NOTARY r 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-40671GE 2198 ©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 $TPAUL . 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. 000130328 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 St.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 Attomey(s)-in-Pact, 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 theirbusiness of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perml�ttedlin anyactions or�prcceedings allowed by law. h \C3 2nd IN WITNESS WHEREOF,the Com anies have caused this instrument-to be si me 'and ?corporate seals to be hereto affixed,this Februar ' da of Y 006 � � y Farmington Casualty Coni`parr „ y St.Paul Guardian Insurance Company Fidelity and GuarantylhsurancetCompany >y,y St_Paul Mercury Insurance Company Fidelity and Guaranty Insurancee Underwrit rs,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 GASI/At' SWfly J�f1RE64 o\R9„�N,rG� p�IHSApq VptiV AMR ODO*, GORROR v:S �41t! bR` State of Connecticut By: City of Hartford ss. 90,61ge W ompson,Sen' r 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,St.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. w7mrr�N� po� In Witness Whereof,I hereunto set my hand and official seal.My Commission expires the 30th day of June,2006. $ Marie C.Tetreault,Notary Public C.1�rs 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 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 Surety 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 Attomeys-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 time 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 Attomeys-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 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 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 Surety Companyof,'America and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Poweaof,Ai omeyiexeculed by saidCompanies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and�afffixe th�als of s CI Compa es this 39th day of March _2006. v Kori M.Johans Assistant Secretary C�uI.eSUA�j "Qo°J1p'w:�p�.+a."�vo.n•"n4rfy`M1s ...... ;h To (/tu�'ompo{'lw'e-ay�te.e ryo, a N,�•`SYAnr1tt8A�9'µ-I6-WY�J 7 verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-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 SUDDIVISION (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTENSION Development Number: SUB 00-08158 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: p �1 rkfpyb y k . J� �'hy��. 'y_�P9 cam*c / _.� �1 Dl�c� 4u Please provide your anticipated date of completion: 0-7 Please provide your construction schedule: Please provide us with your Federal Tax ID Number: °Z 167 L (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 are 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 immediatelyproceeds 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 an items to the Board of Supervisors for approval, we will review your deposits and our staff charges. If the charges exceed 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. ........................................................................................ 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 allowed for processing and that any rights I may have are protected. (Signature of Developer) (Date) (Printed Name) Development Number (!f time is of the essence for your development,your map check and/or improvement plan review maybe 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:�epDatatY%Sa TT \E IWRDLLE-1 MO .d up"M mi STPAUL Fireman's WTRAVELERS 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: 11127507744 Description: Public Right of Way Landscape Agreement, tract 8158, phase 1 Bond Amount: $15,500 The purpose of this Rider is to: [X] CHANGE BOND NUMBER Effective February 27, 2006, surety bond number 11127507744 is changed to ST1370. [X] CHANGE SURETY COMPANY Effective February 27, 2006, Travele[ 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 /J By: Z-- J" � By: Ci y Thun Figue redo Attorney-in-Fact Attorney-in-Fact Acceptedb ounty of Co Costa By: 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 INDEMI= CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Cindy Thun Figueiredo 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 Attorney(s)-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 ,Etc(,4, f s tG •a��w4'I4 �oDeur " FIREMAN'S FUND INSURANCE MPANY �,....•.,�.,- •!,.• „�tin ` NATIONAL SURETY CO RATION o •O• THE AMERICAN INS URAN OMPANY Z SEPflEN c Z , J. s.S:6 EA LAS` •. .•. ;� .� ,J � 5'•—•— ��� ASSOCIATED II�IDEMNiTY RATION �6.yc�y ` .......• ttA�co`"s 44IxCE�t°�! AMERICAN MOBILE INS COMPANY STATE OF CALIFORNIA -SS. BY COUNTY OF MARIN } Yi ident On this 02 day of November 2001 ,beforemepersonally e Harold .N.. Marsh to me known,who,being by me duly sworn,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. r KRISTIN A GAZZOLI D COMM.91262236 ,a NOTARY PUBLIGCALIFORNIA QMARIN COUNTY 0 My COMM.Expires W 29.2004 'r ' N i STATE OF CALIFORNIA L SS. CERTIFICATE COUNTY OF MARIN f I, 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 V11 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 seated at the County of Marin. Dated the 29th day of November 2005 ••04f, tV,FN'S fG ��,OYER 4� • C•� •`�f•~„dye • w iBEALT 5V,ry7' 61y •.�„•.•. 4�kct N'r' �4�wcc io'� lans:4°' Resident Assistant Scaetary , - 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 ATTORNEY(S)-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: Scott R. Gill, of Hartford, Connecticut, their true and lawful Attorney(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,recognizances,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 upon the 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. 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