2010-0062010-6
Resolution Accepting Roads, Easements, Utilities and Other Public Improvements
Constructed in Connection with the Kablaoui Subdivision Together with Maintenance
Agreement Secured by Surety Bond
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 4,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, Mahmoud S. Kablaoui (hereinafter "Applicant") had previously made
application to the Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in a subdivision plat entitled "Subdivision of the Lands of Kablaoui",
prepared by Hayward and Pakan Associates, dated July 7, 1987, and last revised January 6,
2000; and
WHEREAS, the Town of Wappinger Planning Board granted Final Subdivision Plat
Approval, by Resolution dated July 19, 1999, subject to, and conditioned upon, fulfillment of the
conditions set forth in the aforementioned Resolution, and subject to certain improvements being
made and constructed as set forth in the aforesaid Subdivision Map and related Contract
Drawings, including dedication of the roads for Lands of Kablaoui, all in accordance with the
Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules
and Regulations of the Town Code; and
WHEREAS, Morgan Homes, Inc. now owns the property and has completed
development of the subdivision, including all of the improvements as required by the Resolution
of Final Subdivision Approval; and
WHEREAS, the Applicant has tendered to the Town of Wappinger the following
documents: an Irrevocable Offer of Cession and Dedication dated January 7, 2000, which was
filed in the Dutchess County Clerk's Office on January 10, 2000 as document number 02 2000
316; original deed for road dedication of Morgan Court executed by Nasouhi N. Kablawi by
Mahmoud S. Kablaoui, his attorney in fact, dated January 7, 2000, together with accompanying
TP -584 and RP -5217; original Grant of Snow Easement duly executed by Nasouhi N. Kablawi
by Mahmoud S. Kablaoui, his attorney in fact, dated January 7, 2000, together with
accompanying TP -584; revised Irrevocable Offer of Cession and Dedicated dated May 9, 2002,
and recorded in the Dutchess County Clerk's Office on July 19, 2002 as document number 02
2002 7063 executed by Nasouhi N. Kablawi, together with accompanying TP -584; revised Grant
of Snow Easement dated April 12, 2002 executed by Nasouhi N. Kablawi, together with TP -584;
original Drainage Easement duly executed by Nasouhi N. Kablawi by Mahmoud S. Kablaoui, his
attorney in fact, dated January 7, 2000, together with accompanying TP -584; original
Commitment of Title Insurance issued by Lawyers Title Insurance Corporation bearing Title
No.10385-LTI/B; original Performance Agreement secured by a Surety Bond duly executed by
Nasouhi N. Kablawi by Mahmoud S. Kablaoui, his attorney in fact, dated January 7, 2000; and
original Bond issued by Frontier Insurance Company in favor of the Town of Wappinger bearing
Bond No. 130292, all in recordable form and approved by the Attorney to the Town, Albert P.
Roberts, by letter dated January 7, 2000; and
WHEREAS, the Town Board has determined it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Kablaoui Subdivision, to accept the
roads, easements, utilities and other public improvements that have been constructed in
accordance with the original Resolution of Subdivision Plat Approval; and
WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger, Morgan
Homes, Inc. is required to guarantee that the quality and workmanship of the improvements
accepted by the Town will be free from defects in materials and workmanship for a period of one
year from the date of acceptance by the Town; and
WHEREAS, to guarantee the quality and workmanship of the public improvements,
Morgan Homes, Inc., has executed a Maintenance Agreement secured by a Surety Bond bearing
number 16BSBFP9949, issued in favor of the Town of Wappinger by Hartford Fire Insurance
Company in the principal sum of Forty -Three Thousand, Seven Hundred Thirty -Seven Dollars
($43,737.00); and
WHEREAS, as additional security to secure the obligation that the improvements will be
free from defects, Jeffrey M. Morgan, as President of Morgan Homes, Inc., has further agreed to
personally guarantee the obligations of Morgan Homes, Inc. as set forth herein.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Kablaoui Subdivision, to accept the
road known as Morgan Court, and related easements, utilities and other public improvements
made and constructed in connection with the Kablaoui Subdivision, and, the Town Board hereby
accepts same upon delivery of the original Maintenance Agreement and Surety Bond above
mentioned.
3. The Town Supervisor, Christopher J. Colsey, Engineer to the Town, Robert J.
Gray, and Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever
steps are necessary to have the aforementioned Deed, Easements and related Bills of Sale, if any,
recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all
documents necessary for such recording and/or filing, upon a determination that the aforesaid
documents are delivered free and clear of any liens or encumbrances and are otherwise in
compliance with the Town's Subdivision Regulations, Zoning Code, Highway Specifications,
and Rules and Regulations of the Town Code.
4. The Maintenance Agreement executed on December 22, 2009, by Morgan
Homes, Inc. with an address of 39 Verplanck Avenue, Hopewell Junction, New York 12533, as
Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the
quality and workmanship of the road and other public improvements will be free from defects in
materials and workmanship for a period of one year from the date of acceptance by the Town as
required by the Subdivision Regulations of the Town of Wappinger.
5. The Surety Bond issued by Hartford Fire Insurance Company, bearing number
16BSBFP9949 and issued in favor of the Town of Wappinger in the principal sum of Forty -
Three Thousand Seven Hundred Thirty -Seven Dollars ($43,737.00) securing the obligations set
forth in the Maintenance Agreement, is hereby accepted as security for the Maintenance
Agreement.
6. The personal guarantee issued by Jeffrey M. Morgan, incorporated into the
Maintenance Agreement, in favor of the Town of Wappinger, securing the obligations set forth
in the Maintenance Agreement, is hereby accepted as additional security for the Maintenance
Agreement.
7. The Town Board acknowledges that the developer, Morgan Homes, Inc. has
completed all of the work required by the Planning Board's Resolution of Final Subdivision Plat
Approval dated July 19, 1999, and that the Performance Agreement originally executed by
Nasouhi N. Kablawi on January 7, 2000, has been fully honored, and the Town Board hereby
authorizes the Town Clerk to release the original Bond issued by Frontier Insurance Company in
favor of the Town of Wappinger bearing Bond # 130292 upon the Town Clerk's receipt of the
above referenced Surety Bond in the sum of Forty -Three Thousand, Seven Hundred Thirty -
Seven Dollars ($43,737.00) in the form acceptable to the Attorney to the Town.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
1/4/2010
The Resolution is hereby duly declared adopted.
4JHN C. �MASTERSON, TOWN CLERK
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT R ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
*ADMITTEDTOPRACTICE
IN NY & FLA.
**ADMITTED TO PRACTICE
IN NY & CONN.
***
ADMITTED TO PRACTICE
IN NY & NJ
****ADMITTED TO PRACTICE
IN NY, FL & MA
December 22, 2009
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York
Attention: Hon. Christopher J
1136 ROUTE 9 OF COUNSEL:
WAPPINGERS FALLS, NEW YORK 12590 KAREN MacNISH
Colsey, Supervisor
Re: Kablaoui Subdivision (Morgan Court)
Maintenance Agreement Secured by Surety Bond
Our File No. 12949.0160
Dear Chris:
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)452-1046
NEWBURGH OFFICE
372 FULLERTON AVENUE
NEWBURGH, NY 12550
(845) 567-3783
I have reviewed the Maintenance Agreement executed by Morgan Homes, Inc. secured by a
Surety Bond issued by Hartford Fire Insurance Company, bearing number 16BSBFP9949. A
photo copy of the Surety Bond is affixed hereto. The Maintenance Agreement is dated December
22, 2009 and the Surety Bond is dated December 21, 2009. Both the Maintenance Agreement and
Surety Bond are approved and acceptable as to form. By copy of this letter I am forwarding the
original Maintenance Agreement to Tatiana Lukianoff.
Accordingly, I am also enclosing herewith a Resolution Accepting Roads, Easements, Utilities
and Other Public Improvements Constructed in Connection with the Kablaoui Subdivision
Together with Maintenance Agreement secured by Surety Bond for adoption by the Town Board
at its next meeting on January 4, 2010.
0:\Wappinger\PlanningBoard\Kablaoui\122209 letter to Colsey re Maint Agmt & Res Accept.doc
LEGAL ASSISTANTS:
(845) 298-2000
AMY E. DECARLO
FAX (845) 298-2842
SANDRA A. OAKLEY
SARAH SALISBURY
www.vsrp.com
CLOSING COORDINATOR:
e-mail: info@vsrp.com
MARIA JONES
Colsey, Supervisor
Re: Kablaoui Subdivision (Morgan Court)
Maintenance Agreement Secured by Surety Bond
Our File No. 12949.0160
Dear Chris:
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845)452-1046
NEWBURGH OFFICE
372 FULLERTON AVENUE
NEWBURGH, NY 12550
(845) 567-3783
I have reviewed the Maintenance Agreement executed by Morgan Homes, Inc. secured by a
Surety Bond issued by Hartford Fire Insurance Company, bearing number 16BSBFP9949. A
photo copy of the Surety Bond is affixed hereto. The Maintenance Agreement is dated December
22, 2009 and the Surety Bond is dated December 21, 2009. Both the Maintenance Agreement and
Surety Bond are approved and acceptable as to form. By copy of this letter I am forwarding the
original Maintenance Agreement to Tatiana Lukianoff.
Accordingly, I am also enclosing herewith a Resolution Accepting Roads, Easements, Utilities
and Other Public Improvements Constructed in Connection with the Kablaoui Subdivision
Together with Maintenance Agreement secured by Surety Bond for adoption by the Town Board
at its next meeting on January 4, 2010.
0:\Wappinger\PlanningBoard\Kablaoui\122209 letter to Colsey re Maint Agmt & Res Accept.doc
Christopher J. Colsey, Supervisor
December 22, 2009
Page 2
Very truly yours,
VERGGI1,IS, STENGER, ROB RTS, DAMS &DIAMOND, LLP
'ALBERT P. ROBERTS
APR/so
Enclosures
cc: Hon. John C. Masterson, Town Clerk
Planning Board
Tatiana Lukianoff, Zoning Administrator
Morgan Homes, Inc.
0:\Wappinger\PlanningBoard\Kablaoui\122209 letter to Colsey re Maint Agmt & Res Accept.doc
Revised 12/8/09
MAINTENANCE AGREEMENT SECURED BY SURETY BOND
WHEREAS, the undersigned, Morgan Homes, Inc. by its President, Jeffrey M. Morgan, with an
office at 39 Verplanck Avenue, Hopewell Junction, New York 12533, has now completed the roads and
other required public improvements in connection with the Subdivision of the Lands of Kablaoui
(hereinafter the "Subdivision") which roads and other required public improvements are ready to be
dedicated and accepted by the Town of Wappinger; and
WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger (hereinafter the
"Town") the undersigned is required to guarantee that the quality and workmanship of any roads and public
improvements to be dedicated to the Town will be free from defects in materials and workmanship for a
period of one year from the date of acceptance by the Town; and
WHEREAS, to secure the obligations to guarantee said roads and public improvements, the
undersigned has obtained a Surety Bond issued by Hartford Fire Insurance Company bearing number
16BSBFP9949, in the principal sum of Forty Three Thousand Seven Hundred Thirty Seven Dollars
($43,737.00) issued in favor of the Town of Wappinger; and
WHEREAS, as additional security to secure the obligation that the roads and other public
improvements will be free from defects in materials and workmanship, Jeffrey M. Morgan, as President of
the undersigned, has further agreed to personally guarantee the obligations set forth in this Maintenance
Agreement.
NOW, THEREFORE, the undersigned, Morgan Homes, Inc. by its President, Jeffrey M. Morgan,
guarantees that the quality and workmanship of the roads and other public improvements constructed and
installed in connection with the Subdivision will be free from defects in materials and
-1-
O:\Wappinger\PlanningBoard\Kablaoui\Maintenance Agreement - Roads & Other Improvements. DOC
Revised 12/8/09
workmanship for a period of one year from the date of acceptance of said roads and improvements by
the Town and the undersigned further agrees to maintain and repair said roads and public improvements in
accordance with the Ordinances, Local Laws, Rules, Regulations and Code of the Town of Wappinger for a
period of one year from the date of acceptance of said roads and improvements by the Town.
As security for this Maintenance Agreement, the undersigned delivers to the Town the following
security for the faithful performance of the obligations contained herein:
A Surety Bond issued by Hartford Fire Insurance Company bearing number 16BSBFP9949, in the
principal sum of Forty Three Thousand Seven Hundred Thirty Seven Dollars ($43,737.00) in favor
of the Town, which Surety Bond is attached hereto, and the undersigned consents to the terms
thereof as security for the obligations contained herein. The undersigned understands that if the
security posted hereunder shall lapse or expire for any reason, then this bond will be deemed in
default and lots within the Subdivision will no longer be eligible for building permits until new and
sufficient security is posted.
As additional security for this Maintenance Agreement, Jeffrey M. Morgan, as President of Morgan
Homes, Inc. further joins in the execution of this Agreement for the sole purpose of guaranteeing the faithful
performance of the obligations created hereunder.
Date: December 22, 2009
-2-
MORFvA%1 HOMES, INC.
Morgan, President
Morgan, Individually as Guarantor
O:\Wappinger\PlanningBoard\Kablaoui\Maintenance Agreement - Roads & Other Improvements. DOC
Revised 12/8/09
ACKNOWLEDGEMENT
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of December, 2009, before me, the undersigned, personally appeared JEFFREY M.
MORGAN personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
ANotary�Pi�ublic
SANDRA A. OAKLEY
Notary Public, State of New York
No. 01 OA6098174
Qualified in Dutchess County
Commission Expires September 2,20
-3-
O:\Wappinger\PlanningBoard\Kablaoui\Maintenance Agreement - Roads & Other Improvements. DOC
16BSBFP9.949
Borg No.
maintenance Bond IL THE HAR7FOitD
Morgan Hames Iric
KNOW ALL. MEN BY THESE PRESEHdB. That we.
39 Verplank Ave, Hopewell Jct, NY 12533
. aS PrinclQd,'Mre4iedter cayeii princrpiil;.and
Hartford Fire Ins Co, Hartford Plazas Hartford, CT 0615:1—_..acorvoratoa
orryanized arro e>*11ny urwer #* laws of dv stme'of Connecticut wM to
Pr+nc!pxa?%w m pre city at Connecticut
h;grj trey MW Sureq..are hall aril firmly bwrO'Uft
Town of Wappinger, 20 Mi'ddlebush Rd, Wappingers Falls, NY 12590 obfoe.
�,h, M or' y t res t ousan seven hundred t in even
hewjnatW,cWW ObIOM in Owdnl l me _ i�43, 73T.0.O ? aaaera
far the peyrrad of which. row are$ tndy to bs' muds, we OW ortreeive4. aur heirs, elmaul M adminitheturs,WWOSSOM ArKt aaMSns, )airurr sod
$$vWslly, firmly by titins p+eaeme.
Saafrd vft our seats and.daled ttp;2Ldey.or T)P r emh r A. D. •2-04�9
WHEREA5. Jtk PI}ndppl anprgr! kso s ostlain wrown camrad the abYyM
Oaad the (–{ gay or . 2Ln ary . ko-2 w, Tariutl- G,_9()1 ]
wNcb owtrael Is hereby rerwrad. fa as the Co*=L
WHEREAS, U14 Corerect wrtarls pnrAdana fa'tfr? rarfyc6an of any deWK dorm dehriiwi.mat?rlalasrc viorhmle Mp In Tk:worti;pedd"W Wdor
Saud.Conham.
NOW, TNEFiEFf1RE. Or@ ognrika0 of thLs ra0)igelion o$ such VW 4' 1110 P.dnplpel doff wslr and V—* W receipt DT wrr�terh from #"ObFpee: rem gN dMaue whloh an diecoverod and nupprted during a perled or One. year{c) from January f+ 10 to
J au liar_ 4 , f31 1 MvkW such daft " 4"Wby "caw*
materiels or woQaiwnafPip. gmn'tNs'Ookal w- steal be void; OWkiWI.= to. Ward rem8m In lull swag' and ellet+.
Arty' 'suit undo ihls Frond mug be irisot Ajd before d* exp. rWdn A am'(1) year ktrm fie dple qt *a.w~ rib45dafiorr referred to In the paisgrrrph
abdye, 4 O.eing Unomstsod, howw T, that it ary:Omliellon em xx%W ie thi@ band is llrohiblred by eny law rmrdmOhhp 11he iJClion hereof, such
pmiletion shat be deemed la ne ameritW SO ed V ba Oquel tO the mWMm.period of liraite'on Pvm* ed by awch dew.
The penal %m'01 ttea-bqW ehal the reatced.by. and to the eAW% of Orly pe MWOr {!Ieym4Tn.[ meds In gppd r8ith.
No rlghl Of $coon *ws accrue on Uwe band 6 or for -to iuia rA gay person ar eoriliaraW vOw pian #0 Qbftee rwmed hereel or Ns heft. exearlore,
adtriniElratari dr VACOSSOrs
whrrss
pt lnaividuao
Attest
LN con -aurin)
AMM%of Witnen:
Form S4004 pnMed in u.s;A.
Mo an Homes Inc (seal)
t naipeR
(Seal)
M-Vrey M. Morgan, As PYesident)
{sego
Hartford Fire Insurance Goma .
Sy (SeaA
Carmella M Grassi ttOrn In Fact
ACKNOWLEDGMENT OF PRINCIPAL - IF A CORPORATION
STATE OF NEW YORK ss
COUNTY OF Ulster
On this ......22nd....................................day of ..APQP-mk-qx.,.. 2-4.4,9........ before me personally appeared
........ J.'�,f,fx.pu.. N.Morgan,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,to be known, who, being by me duly sworn, did depose and
say; that he/ resides at.... Verplank„Aye t„ Hopewell.,Junction NY..,, that he/she is the ......................
President of ..... Morgan„xomes„ . INC . . ..the corporation described in and which
....................................................
executed the within insurance instrument; that he/she knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation;
and that he/she signed his/her name thereto by like order
KATHLEEN A. BROWN
Notary Public, State of New York /l
Q......... �! J..... :.. ............................
Qualified in Ulster County
Reg, No. 4719731
Commission Expires DecAD EDGMENT OF PRINCIPAL - IF INDIVIDUAL OR FIRM
STATE OF NEW YORK ) ss
COUNTY OF
On this ....................................................day of .................................... before me personally appeared
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,to me know to be (the individual) (one of the firm
of.................................................................), described in and who executed the within instrument and he/she
thereupon acknowledged to me that he/she executed the same (as the act and deed of said firm).
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF New York ss
COUNTY OF Ulster
On this..D.acemher...2L,..2009............ before me personally came .Qaxme.1.1.a.X-.Grassi...................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
.... K1ngst.ora.....ieW..York.....................................: that he/she is the Attorney -in -Fact of the
Haz.t -r-o................................................. the corporation described in which
executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that
he/she signed his/her name thereto by like order; and the affiant did further depose and say that the
Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of
the State of New York, issued to ...H?rtford„Fire„Insurance„ Cc ............................................ his/her
certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the
State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that
such certificate has not been revoked.
........ ...........................
KATHLEEN A. BROWN Notary Public Kathleen A Brown
Notary Public, State of New York
Qualified in Ulster County
Reg, No, 4719731
Commission Expires Dec. 31, 20 L_
Hartford Fire Insurance Company
Hartford, Connecticut
Financial Statement, December 31, 2008
(Statutory Basis)
ASSETS
U.S. Government Bonds ................ $
Bonds of Other Governments ...........
State, County, Municipal and
Miscellaneous Bonds ......... 12,049,123,830
Stocks .......................... 5,795,780,851
Short Term Investments ................1 264,042,242
$ 18,464,061,050
117,910,785
237,203,342
Real Estate ...............................
Cash.......................................
Agents' Balances (Under 90 Day......
Other Invested Assets ...................
Miscellaneous ............................
Total Admitted Assets .................
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
$ 112,146,840
117,780,180
2,740,719,641
581,187,308
2,437,717,847
$ 24,453,612,866
SS.
LIABILITIES
Reserve for Claims
and Claim Expense.......,.
Reserve for Unearned Premiums ....
Reserve for Taxes, License
and Fees ......................
Miscellaneous Liabilities .............
Total Liabilities ......................
Capital Paid In $ 54,740,000
Surplus .......... 12,436,717,229
Surplus as regards Policyholders...
Total Liabilities, Capital
$
7,020,232,322
2,056,346,836
68,618,203
2,816,958,276
$ 11,962,155,637
$ 12,491,457,229
and Surplus ................. $ 24,453,612,866
M. Ross Fisher, Assistant Vice President, and Patricia A. Murrone, Assistant Secretary of the Hartford Fire Insurance Company,
being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial condition
as of December 31, 2008.
Subscribed and sworn to before me this 30th
day of March, 2009.
Nora M. Stranko
Notary Public
My Commission Expires March 31, 2013
Form CS -19-37 HF Printed in U.S.A.
M. Ross Fisher, Assistant Vice President
Patricia A. Murrone, Assistant Secretary
Direct lnqulries/Claims to:
THE HARTFORD
PO WrER OFATTORNEY BOND, ASYLUM P.O.P0130X 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
calk 888-266-3488 or fax: 660-757-5835)
KNOW ALL PERSONS BY THESE PRESENTS THAT: _ Agency Code: 16 _. 510418
0 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
.Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
collectively referred to. the "Companies") do hereby make, constitute and.appoint,
having their home office in Hartford, Connecticut (hereinafter
up to the amount of UNLIMITED
JOHN P. 01SHEA, FRANK S. MARANTO, JR., KEVIN A. VIANA, MARY ANN SZCZYPCA, TIMOTHY
RYCHCIK, KATHLEEN A. BROWN, JOHN R. PELUSE, CARMELLA M. GRASSI, ELEANOR MENGES OF
POUGHKEEPSIE, NEW .YORK
their true and lawful Attomey(s)-in-Fact, each In their separate capacity if more than one is named above, to sign its name as surety(les) only as
delineated above by M, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies
have caused these presents to be signed by Its Assistant Vice President and its corporate. seals to be hereto affixed, duly attested by Its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this rower of Attorney.
'•�rf•...rur,,5 w . �9 Q r x � .�
�� M•. .:\rrr,u�xr�.. � ��sr'tM�-.y�iATO � 1D7� 79Th
Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President
STATE OF CONNECTICUT
ss- Hartford
COUNT( OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by tike authority.
Scott E. Pasch
NotaryPublic
CERTIFICATE My Commission Expires October 31, 2001
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which Is still in full force effective as of
Signed and sealed at the City of Hartford.
POA2005
-- � 4-4
% ��LL,w,ti HuJ�•
Gary W. Sturnper, Assistant Vice President