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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-536 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 16,2005 by the following vote:' AYES: Gioia,Piepho DeSaulnier,Glover and Uilkema:. NOES: None' ABSENT: None AXSTAIN: None' ME Q.- ON O- WE l SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-08682, being developed by ShapellHomes, a Division of Shapell'Industries,' Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 02- 08682, located in the San Ramon(Dougherty Valley) area. A 'Subdivision Agreement (Right of Way Landscaping) with Shapell Homes, a Division of Shapell Industries,:: Inc., <a Delaware Corp., developer,' whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements',generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required;,by Title 8 and 9 of the County Ordinance Code, as follows I. Cash Deposit Deposit Amount: $4,100.00 Deposit made by: Shapell Homes Auditor's Deposit Permit No. and Date: 447192 June 30, 2005 TR:rm I hereby certify that this is;a true and correct copy of an c:\otpData\E„$Svel30%2005\08-16\SD 02-08682 BO-16.doo originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Ric(313-2363) Supervisors on the date shown. cc: Public'Works- T.Bell,Construction Current Planning,Community Development T-May 26,,2©05(P 1) ATTESTED: AUGUST 16, 2005 Sbapell Homes,a Division of Shapell Industries,Inc. 100 N.Milpitas Blvd. JOHN SWEETEN,Clerk of the Board of Supervisors and Milpitas,CA 95038 County Administrator Attn:Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By ,Deputy RESOLUTION NO.200:5/ 536 SUBJECT: Approving Subdivision Agreement (Right of Way"Landscaping) for Subdivision 02-48682, being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,San Ramon (Dougherty Valley) area. (District III) DATE: August 16, 2005 PAGE: 2 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 365 615 June 15, 2405 Performance Amount: $404,744.00 Labor&Materials Amount: $204,404.00 Principal: Shapell 'Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/536 SUBDIVISION AGREEMENT (Goverment c Way and§6 463) Subdivision: 982 Effective Date: Subdivider Shataell Homes. ,a Division of Shapell Completion Period: 1 year In dtastries. Inc., a Delaware Corp. THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO: CONTRA COSTA COUNTY SUBOIVIOER: Maurice M. Shiu, Public Works Director BY: ts +eturei (print nam sKPA C& } RECOMMENDF,D FOR APPROVAL: By: `" tsi9netura) �)14!V' P�� Engineering Servic D is n (print Stam s 11"e) � �, ��� L, FORM:APPROVED: Victor J.Westman,County Counsel (NOTE:All signatures to be acknovAedged. 0 Subdivider is incorporated, signatures must conf arm vWththe designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"ggot and the above-mentionted Subctivid, ,mutually promise and agree as follows concerning this subdivi;ion: 2. IMPRPROVE„l4i ENIJ. Subdivider agrees to Install certain ma+d Improvements'(both public and private), drainage improvements, signs, street Iights, trp hydrants, landscaping, and such other improvements (including appurtenant equipment) as rep'a'ired In the improvement plans forthis sutadivisid t as revie wed and on file Frith the Contra'Costa County Public Works Department and in conformance with the Contra'Costa County Ordinance Code(including future amendments thereto). Subdivider shall cornpIete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of tete County Ordinance Code and rulings made thereunder,and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govem. 3. IMP OV l=SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For ft&Manc a and uarantee: $ 4 100.00 cash,plus additional security,in the amount of $ 404.700X0 which together total one hundred peccant(1 a0%)of the estimated cost of the work. Such additional security is presentee)in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees'performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$` 204,400.00 ,which is fifty percent(500%)of the estimated cost of the worst. Such security is presented'in the form of Cash,certified chuck,or cashier's check X, Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees'payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in materialor workmanship and shall perform satisfactorily for a period of ane-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."Subdivider 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 ESTABLISHMENT WORK. Subdivider 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 of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6, Nli PROVEMENT,PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as requiredbythe Conditions of Approval for the Subdivision, 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee 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 of said work and/or materials,or payments,therefor,or any combination or all of these acts,shali not relieve the Subdivider of his obligation to fulfill this agreement asprescribed;nor shall 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: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The i:ndemnities benefitted and protected by this promise are the County,and Its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabfliQes protected'against are any liability or claim for damage of any kind'allegedly suffered,incurred or threatened because of actions defined below,and 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 unforeseeable 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'proceed€ng(s)concerning said liabilities and claims: C. The actions cousin lir iabillty are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor, or any officer,agent,or employee of one or more of there, D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent an whether or not any Indemnitee has prepared,'supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance another indemn€fication covering any of these matters,or that the alleged damage resulted partly form any negligent orwillful misconduct of sriy Indemnity. 9. COSTS: Subdivider shall pay when due, all the costs of the work,Including Inspections thereof and relocating existing utilities required thereby: 10. US RVEYS. Subdivider shall set and establish survey monuments in accordance with the fled map and to the satisfaction of the 3ounty Road Commissioner-Surveyor before acceptance of any work as complete by tate Hoard of Supervisors. 11. N-OL4-PERFORMANCE ANiJ C4 M: If Subdivider falls to complete the work within the time specified In this Agreement, and subsequent extensions, or fails to maintain the work, the County may,proceed to complete and/or maintain'the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not€imited to engineering,Inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintainthe work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of Iltigation incurred by County in connection'therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION., If,before the Board of Supervisors accepts the work as complete,the subdivision 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 of credit 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECOR12 MAP. in consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. G�iCx�pDatetEngSvc%Fom 9\AG waRDAG-90n.doc Rev.May 18 2001 CALIFORNIA ALL°PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara >; On June 23,2005,before me, Janice T. Kruse, Notary Public personally appeared Robert A Moore and Ken Cox known to me to be the persons whose name are subscribed tothe within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANlCE T.KR1lSE WITNESS y hand and official seal. <.' Commission# 1318697 2yZ J Notary public-Calitomia s Santa Clara County My Comm.ExWresAug24,2W5 Sigijature of Notary Public Optional Information Title or Type of Document: Subdivision Agreement-:Landscaping Tract 86$2 Capacity Claimed b Si er X c tine Vice President and Vice President of Sha e11' p Y y Homes a Division of Shatftell Industries,Inc. r a a, - v 4 ff��� wdrY - 'iru. 3�- t n z79 ur•tt. }y x~ `.guy t - � , .. r x '. '�i". r a x �„. •i'r:., a w-„�»M "mow �r,rCa 'ic `3't u�- " .roe, a '� t:• iY :.w. .a�.i"'`I. a, �n'�t^., -7-7-r,-- MOM—��.._. hams�, xr"^r "tom{{ r�+,z. ,{ s n a�'at' ''dfF �i t Ys' _ R - .e ._.i J:+.wwuaFuau.dd,uuWaunn �.....r aftflmobt®4"1i ^W.m`ar'ima dw a TIM �;, �•x, f _""'�^ ; �;�- � '�`�.�'_� �.4�',�, r� a�;fi�� f �� �.. ,xbir ��^ ,.�,�`�• ',{,�� 'au„� �^"; �";' �Si'-.�'""r'"'�a� ;.f. 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RIV ....... .....I k i R;ON- Ul "K mg, % -4 W �W, Yi- , K 5h, X aol, U On '13 la �R SI2 0 NfiiR V,4 ........... 4 e Ap ,ftmv'. Te -5o.............. k�4,gh RIM M Tyra 97 ti �xm VA..IramureDsie Tr aunty l putt'c..Wy-Ti Awdl—tov ; .............. ....... ....... 0649-9665: 1 112300: 61162221, $21.900.00, 5002-8682, Landscaping Inspection 'Fee Deposit, Shapell Homes, 100 North Milpitas Blvd"., Milpitas, CA 95035 0649-9665 / 112300: G1162233, $1,100.00, Map & Legal Description Review, LAFC0566 05-9, :Albert D. Seeno Construction>'Co., 4021 Port Chicago Hwy, Concord, CA 94524-4113 0649-9665 / 112300: 'G1162238,,$2,163.0 , Inspection, Shapely Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1162211, $3100.070, PA 05-00028, Cash Bond, , Danville Tassajara Prs., LLC, 6121 Ballinger Canyon Rd., Suite 500, Son Ramon, CA 94583 819800-0800: 61162220, $6.000.00, SD 02-8681,, Cash Bond, Shapel'I Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 8198030-0800: G1162221, $4,100.00, SD' 02-8682, Cash Bond, Shaper) Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665.' / 112300: G1162209, $500,00, RS 3015, Record of Survey Deposit, Logan Surveying, 391 Columbia Cir, Benicia, CA'94510 0649-9665 / 112300 G1162212 $20,000.00, PA 05-00028, Landscaping Inspection Fee Deposit, Danville'Tassajara Prs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1162214, $3,954.48, MS O4-0010, Mahin Living, Trust, Mary M. Mahin TTE, 2425 'Roundhill Dr., Alamo, CA 94507' 0649-9665 / 112300: G1162215, $1,500.00, MS O4-0010, Parcel Map Check, Mahin Living Trust, Mary M. Mahin TTE, '2425Ro ndhill Dr., Alamo, CA 94507 0649-9665` / 112300: G1162227, $500.00, R53017, Record of Survey Deposit, Christina L. Saenger, 30 Castle Crest Rd., Alamo, CA 94507 0649-9665 / 112300: G1162228, $500.00, R53016, Record :of Survey Deposit, Mark LeClerc PO Box 489, Lafayette, CA 94549 0649-9665 / 112300: G1162237$9s298.00, DA 0056, Drainage Plan Review Deposit,Shapell Homes, A Division of Shapell Industries, Inc. a Delaware Corp, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665' / 112300: G1162239, $216,820.03, SD 05-08900, Inspection Deposit, Shea Homes Northern CA Division, 2580 Shea Center Dr., Livermore, Ca 94550 0649-9665 / 112300: G1162240, $128,172.00, Sb 05-08955, Improvement Plan Check Deposit, Shea Homes Northern CA Division, 2580 Shea Center Dr., Livermore, Ca 94550 0649-9665' / 112300: G1162241 $2,575.00, MS03-0019, Map Check, Neil Cohn, Hannah Nicole Vineyard, 1260 Quail Tri, Brentwood, CA 94513 0649-9665 / 112300: G1162220, $30,700.00, 5002-8681, Landscaping Inspection Fee Deposit, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision: 8682;( Bond No.: 929365615 Premium: $3,035.00 1WROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. REeffAL OFSutayisION AGREEIVIENfi: The Principal has executed;.an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8682 li1> I«td" as specified in the Subdivision Agreement (bight of"Way Landscaping), and to complete said 'work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all.in accordance with State and local laws and rulings thereunder in order to satisfy conditions for fling of the Final Neap or Parcel Map for said Subdivision 2. O$I.KATION: Shapell Homes,a Division of Shapell Industries, Inc.,a Delaware Corp ,as Principal,and National Fire Insurance Company of adfg d ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,our heirs, executors,administrators, successors,and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Four Hundred Four Thousand Seven Hundred Dollars and 00/100 Dollars($ 404,700.00 1 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Two Hundred Four Thousand Four Hundred Dollars and 001100 Dollars($ 204,400.00 )to secure the claims to which reference is made in Title XV (commencing with Section. 3082) of Part 4 of Division III of the Civil Code of the State of California 3. CONnMONy A The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs,:executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein'specified, and in ale respects according to their true intent and meaning, and shall indemnify and save harmless'the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, there this obligation shall,became null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assilgnee)in successfully enforcing such obligation, all 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 other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials shed or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond; will pay, in addition to the fact amount thereof, costs and:reasonable expenses and fees,,including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and.fixed by the court, and 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,so as to give a right of action to them or their assigns in any suitbrought upon this bond. Should the condition 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 subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shalt relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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 SIGNED AND SEALED oil June 15, 2005 Shapell Homes,a Division of PRINCIPAL:Shapell Industries,Inc.,a Delaware Corp. SURETY: National s=ire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address: -2 5 E. Camelback Road, Suite 500 City: 'Milpitas Zip: 95035 Pity:Phoenix Zip: 85016 Print Name: `1` �° =�, ~r1%CSC: print Name: Pamela L.Stocks ' �` -ter f Attorney-in-Fact Title: Title: By: r --.. Surety Phone No, 602-212-3200 Print Name and Title:MM °'' - \iPWSICSEnkr7ATA\GrpD"\3rgsvciR s\BNWORD1Bx-12A.anc 3i�ttt o 1. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ' County of Santa Clara On June 20,2005,before me, Janice T. Kruse,Notary Public personally appeared, J.C. "Truebridge& Robert D.Moore 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 signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE Comission ' 1318647 C WITNESS m handand official seal OYNI'Maarnyt putsiEc Californiaya ClaCounty Comm.Expires Aug 24,2f3U5 ) --- Sign tore of Notary Public Optional Information Title or Type of Document. Improvement Bond-Landscape- Tract 8682 CF0 Capacity Claimed by Signer. President and Executive Vice Presiden of Sha ell Homes a Division of Shapell Industries,Inc. POWER OF ATTORNEY APPOINTING INDIVIDUAL`AT 1'ORNEY IN-IfACT Know All Mimi By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"'), arc duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that thcydo by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela C.Sucks of Sherman Oaks CA ,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature Surety Bond Number: 929365615 Principal: Shapett Homes,-a Division of Shapell industries,Inc.,a Delaware Corp. Obligee:County of Centra Costa and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized<officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed: This Power of Attorney is made and executed pursuant to and by authority of the By-Lxw and Resolutions,printed on the reverse hereof,duty adopted,as indicated,by Bre-Boards of Directors of the corporations; In Witness Whereof,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 24th clay of September,2003. c s Continental Casualty Company National Fire Insurance Company of Hartford oaRronnrs g0WIN4rro American Casualty Company of beading,Pennsylvania PO SEAL " ' 'arson r,, 4,01 18 � , 517IL Michael Gengler Se#r r Vicc President State of Illinois,County of Cook,ss. On this 24th day of September,2003,before me personally carne Michael'Gengler to me known,who,being by Yue 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 Insurance Company of Hartford,a Connecticut corporation,and American'Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such"corporate seals;that they were so affixed pursuant to authority given by the Boards of Dirmtors of said corporations and that he signal his name thereto pursuant to tike authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEA • ELiZA PRICE • NQXARY PF7HUq BrATE tlR..ii.1#ND* A- ---------- Ivry Commission Expires September 17,2006 Eliza'Price Notary Public CERTIFICATE 1,Macy A.Ribikawskis Assistant Secretary of Continental Casualty Coinpany,art Illinois corporation,National lire Insurance Company of Hartford,a'Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the. Power of Attorney herein above set forth is still in forte,and further certify that the By-Lau and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed nay name and affixed the seal of the said corporations this I5th day of _June 2005 r, Continental Casualty Company c>� crarr°s �� National Fire Insurance Company ofHartford ? arg + taoosnroaAr4, American Casualty Company of Reading,Pennsylvania Jutx rt, m SEAL 1697 Mary A.R ilea kis Assistant Secretary Authoriz ng By-Laws and Resolutions ADOPTED BY Ti E 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 comparly, "Article IX-Execution of Documents Section 3, Appointment of Attorney-ii;-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, bens, undertakings and other obligatory instroments of like nature. quch attorneys -in-fact, subject to the limitations set fnrth in their' respective certificates of authority,shall have fu"ll'power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company tacrerto.`'1 he Chairman of the Board of Directors,the President any Executive,Senior or Group Vice President or the hoard 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 seated by facsimile'under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a inteting duly called and held ons`the 17 s'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 I X 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 atry certificate of any such power and any power orcertificate bearing such facsimile signature and seal shall be valid and binding on the Company. Airy such power so executed and sealed and certified by certificate so executed and sealed shalt,with respect to any bond or undertaking to which it attached,continue lobe valid and binding on the Company, ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attornney is made and executed pursuant to and by authority of the following By -Law duly adopted by'the Board of Uircators'of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact. The Chairrma of the Hoard of Directors,the President or any Fxecutive, Senior or Group Vice President may, froth 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 nal of the Company thereto. The President or any Executive,Senior or Group Vice President may at tiny time revoke all power and authority previously given to any attorney-itt-fact" This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Hoard of Directors of the Company a€meting duly,called and held on the 17 t°clay of Tebruary, 199-1. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the sent of the Company may be affixed by facsimile on any power of attorney g ranted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Scerctary wid the seal-of the Company may be affixed by facsimile to arty ccrtificatc of any such power and arry power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and seated and certified by certificate so executed' and seated shall,with respect to any bond or undertaking to which it is attached,continue to be valid a nd binding on the Company ADOPTED BY THE BOARD OF DIRWTORS OF NATIONAL FIRE 1NST JRANCF-COMPANY Of HARTFORD_ 'Phis Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1993 by the B oard of Director's of the Company "RESOLVED: That the Prespdeni,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-tact to act in behalf of the Co Toration in the execution of policie.5 of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to b tri.#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 tune 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`tha Board of Directors of the Company at a meeting duly called a nd held on the 17'°'day of February;1993. "RESOLVED: `t'trat 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 pawner of attorney granted pur suant to the Resolution adopted by this Huard of Directors on February 17, 1993 and the signature of s Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature mid seal shall be valid and binding on the Corporation. Any such power so exeouted and sealed and certified by certificate se executed and sealed,shall with respect to any bond or undertaking to which it is atts ched,continue to be valid and binding on the Corporation" State of Carifomia County of Las Angeles On June 15,2005 before me. Sandy Hanner-Notary Public Otte NAME, TITLE OF OFFICER.,"JANE OOE. NOTARY PUBLIC" personally appeared Pamela L.Stocks NAME(S)OF SIGNeR(S) ( x )personally=known to me -OR-(---)proved to me on the basis of satisfactory evidence to be the person(s)whose name(#) ishme subscribed to the within instrument and acknowledged to me that ke/shoJOW executed the same In ttrt 1herl*dW authorized capacity(j"), and that by Wa/her/*o* signature(*)on the instrument the person(f), or the entity upon behalf of which the person(t) acted, executed'the instrument. WITNt`c y hansi snsi et sear. SANDY'HANNEl t Commission#1362157 SiGtA RE't31=tQO7 AFtY Notary Public-California + Los Angeles County OPTIONALMy,Conaltt.E?!ptes Jul 2,2006 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(S) TITLE OR TYPE OF DOCUMENT (._ ..} PARTNER(S) f)LIMITED` 4._...)GENERAL (_-) ATTORNEY-IN-FACT NUMBER OF PAGES (—I TRUSTEE(S) (...) GUARDtAN/CONSERVATOR (r .) OTHER BATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(ES) lafiinnal Pira Incrifanrp G ampany(of He=rd SIGNER(S)OTHER THAN NAMED ABOVE NOTIQ + 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 bunds 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 Company, Universal Surety of America, Surety Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance' Company of Newark, NJ, and The Continental InsuranceCompany. ,D-IS'CLOSUE OF PREMMM The;premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). R T N Rt) I LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Form F7310