HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-652 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on October 11,2005 by the following vote':
AYES: Gioia,Piepho,DeSautnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RISC?LUTION 10. 2 £1 !
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for RA 03-01152
(cross-reference Subdivision 99-08306), Stoneleaf Road (interim condition),
being developed by Shapell Homes, 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 RA 03-01152
(cross-reference Subdivision'99-08306), Stoneleaf Road (interim condition), 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 rewired in said Subdivision 'Agreement (Right of Way
Landscaping) within two years 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:
L Cash Deposit
Deposit Amount: $4,400.00
Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc.
Auditor's Deposit Permit No. and Date: 450032 August 23, 2005
.tv:rm I hereby certify that this is a true and correct copy of an
G:kGrpDatatEngsvclBO\2005\10-111RA 03-01152130-16.doc. action taken and entered on the minutes of the Board of
Originator: Public Works(JAS)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Developmentr
T-August 11,2007(Pl) ATTESTED 04Y, -
Shapell Horner p
P.O.Box 362169 JOHN SWEETEN,Clerk of the Board of Supervisors and
100'N.Milpitas Blvd. County Administrator
Milpitas,CA 94561
National Fire Insurance Company of Hartford
2355 E.Catnelback Road,Ste 500
Phoenix,AZ 85016
Attu:Gina O'Shea By ,Deputy
RESOLUTION NO.2045! �
SUBJECT: Approving Subdivision Agreement (Right of WayLandscaping) for RA 03-011,52
(cross-reference Subdivision 99-483016), Stoneleaf Road (interim condition),
being developed by Shapell Homes, a Division' of Shapell Industries, Inc., a
Delaware Corp., San Ramon(Dougherty Valley) area. (District III)
DATE: October 11,2045
PAGE: 2
Ii. Surety Bond
Bond Company: National Fire Insurance Company of Hartford.`
Bond Number and Date: ''929 348 517 August 16,2005
Performance Amount: $438,000.O0
Labor'&Materials Amount: $221,204.00
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.
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: R03-911§2_lnteftfx ref SUB 930§1 Effective Gate.
/
Subdivider: Shage1IHor fess a Division of ghaDell Completion Period: 2 year
Industries. Inc., a I3elewar Coro.
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDE BDIVIDE (Name and Title)
Maurice M. Shlu,Public Works Director
By: t�� r
ftarint r+a+�se S'
RECOMMENDED FOR APPROVAL:
By; te�9net�ueel
Engineering Services Divislon fp""`"en'° el Cpl 7P. -4--
FORM APPROVED: Victor J.Westmen, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider!s in=p
signatures must conform with tha designated representative groups
pursuant to 06rporidbris Code 9313.)
1. ERR 1E,`& Effective cin the above date,the City of County of Contra Costa,California,hereinafter called"G un ,"and the
above-mentioned§ I l , mutually promise and agree as foilows concerning this subdivision:
2. IMPROVEMENTS. Subdivider~agrees to Install certain road improvements(both public and private),drainage imprcrvernents,
signs, street,Ii his, ire hydrants, landscaping, and such other'Improvements (indudl appurtenant equipment) as required In the
improvement arts for this subdivision as reviewed and on file with the Contra Costa County Public Works Nipartment and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion;period from date
hereof as required by the Callfomia Subdivlslon 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 the 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 govern.
3. JMPP8QV ENX SECU 4ITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the CountOrdinanceods,provide as security to the County:
A. For Performance and Guorartte►: $ 4.400.00 cash,plus additional security, In the amount of_$ 438.0 ,+,0 .
which together total one hundred percent(1009/0)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,cerfifred check or cashiers check.''
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance ofthe work for one year after its
completion and acceptance against any defective'workmanship or materials or any unsatisfactory.performance.
B. For Pu=nt Security.In the amount of$ Z21,20.00, ,which is fifty percent(60%)of the estimated cost of the work.
Such security,is presentthe farm of
Cosh,certified check,or cashiers 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
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§94-4.408 of the Ordinance Code.
4. GUARANTEE ARID WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.8,*Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his,expense,
any defects in said work.
system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
5. PLANT ESTABLISHMENT WORK. Subdivider a revs to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsultable plants,doing weed,rodent and
other pest control and other work determined by thePublicWorks 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. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the 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 maks 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,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;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 indemnities benefitted and protected;by this,promise are the County,and Its special district,elective and appointive
boards,commissions,officers,agents, and employees.
B. The liabilfts 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 proceeding(s)concerning
said liabilities and claims.
C. The actions catiislogIlablifty 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 them;
D. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee hes prepared,supplied,ora proved any plan(s);or speciflcation(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including Inspections thereof'and relocating existing utilities
required thereby.
10. SURV,�Y . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Roe Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AN COSTS: 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 limited 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 maintain the worts
Once action is taken b 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 litigation incurred by County In connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. IN RPtORATIOfil/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. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
18p
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WORMAG•90A.doc
Rev.May 18,2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
4
State of California
s
County of Santa Clara
>
On August 18,2005,before me,Janice T. Kruse;Notary Public personally appeared,
J.C.Truebridge& Ken Cox 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.
aNE T,OUSEITNESSrn hand and official seal.
1
Comm►l�skon# 131,8697
Y
Nrtary put�l Calltnmia
M Santa CWto County �
My co-„ 2a,200$tSi store of Notary Public
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Optional Information
Title or Type of Document: Landscape Agreement Tract$306
Capacity Claimed by Signer: Assista-at Vice President and Assistant Secretaa of
Sell Industries.Inc.
COUNTY OF CONTRA COSTA
_ - { DEPOSIT PERMIT
JI-FICE OF COUNTY AUDITOR-CONTROLLI=R
?TH"E TRt«A RER: MARTINEZ,CALIFORNIA J
COVED FROM j
ORGANIZATION NUMBER I'
4' !
(For CashCol6oion Procedures see County Adminatrator'sBulletin 105.)
DESCRIPTION FUND/ORG ASCU TASK OPTION ACTIVITY AMOUNT
$ i
I
it
i # I
t i
j {
ill
7 t r f'!
(PLANATION: TOTAL $
t" DEPOSIT
Deposit consists of the following items
t t COIN and CURRENCY $
CHECKS,M.O.,ETC. $
( BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY �
DEPOSIT j
PERMIT ,
r NUMBER
DATE f
�1 ^ } ASSIGNED
I'
he amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
igned: bate ! 1 I
S. Simed.
itle:' EXT ( Deputy County Auditor Deputy County Treasurer
t4 REV.(7-43) \b� _
0649-9665 '/ 112300: 61161439, $5W.003 R5 3027, Record of Survey;
Deposit, Elizabeth K. Raymond, 2900 Regent St., Berkeley, CA 947035
4649-9665 ! 112300. 61161441, $15,900.001 LP 03-2008, Improvement
Plan Review, Conk► Cement Company, 5141 Commercial Circle, Concord, CA
94524
4649-9665 J 112300: 61361443, $15 000.00,Sub 8828, Improvement Plan
Review Major Subdivision, Hofmann Land Development Company, 1380 Galaxy
Way, Concord, CA 94520
4649-9665 '/ 112300: 61161445, $5007.001 RS '3028, Record of Survey
i
Deposit, Degolt Civil Engineering,; 813 San RamonValley Blvd., Danville;, CA
94526
4649-9665 / 112300: 61161446, $ RS '3029, Record of Survey
Deposit, Kister Sav1s & Rei, Inc., 3095 Richmond Pkwy, Suite 214, Richmond,
CA }48036
4649-9665 / 112340, 61161447, $g3,400.00, RA 03-41152, Landscape
Improvement Inspection, Shapell Homes, A division of Shapell Industries,
Inc., 100 North Milpitas Blvd , Milpitas, CA 95035 i
0649-9665 / 132340. 61161448, $7,200.00, RA 03-41152, Landscape
Improvement Inspection, Shapell Homes, A division of Shapell Industries,
Inc., 1003 North Milpitas blvd., Milpitas, CA 95035
819800-0800: 61161442, $4,337.00, 5D 03-8755, Cash Bond, K8 Horne.
South Say Inc., 6700 KolI Center Pkwy, Suite 200, Pleasanton, CA 94566
819840-0804 / 112300: 61161447, $4.400.04, RA 03-01152, Cash Band,
Shapell Homes, A division of Shapell Industries, Inc., 300 North Milpitas
Blvd., Milpitas, CA 95035
819800-0800 / 112300: :61161448, $1r,M.00, RA 03-01152, Cush Bond,
Shapell Homes, A division of Shapell Industries, Inc., ',100 North Milpitas
Blvd., Milpitas, CA 95035
Subdlvisiou: RA 03-01152 (cross-ref SUB 8306)
Interim,Condition
Bond No.: 929 348 517
Prend.um: $3,285.00
IMPROVEMENT SECURITY BOND Gale Ranch III
FOR PUBuc RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee,and Payinent)
(California Government Code Sections 66462 and 66463)
1.
RECITAL OF SURDIVI514N AGREEMENT: 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
FLAO3�-41.152 ross-ref SU-B 830 Interim Corciitior as specified in the Subdivision
Agreement(Right 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 ding of the Filial"Map or Parcel Map for said
Subdivision.
2. OELZGATioN: Sha ell Homes a Division of Sha ell lades; es Izxc. a Delaware COW. as
Principal,and National Fire Irnsurrance gompanv of Hartford , a corporation
organized existing under the laves of the State of Cr ,andautholizedto
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 Thirty Eight Tl ousand and 041100 Dollars
(S 438,0013.00 } for itself i or any city' assignee under the above County Subdivision
Agreement,plus
B. Payment: Two Hundred Twenky One Thousan4 Two R ndred land 00/140 Dollars
(
221,200.00 }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 Codelofthe'State of California
3, CoNwTtoN:
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 all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Centra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
................. ........ ......................................... ........... ........................................ ....... .............................................................. ...........................................................................................................................................
As part of the obligation secured hereby and in addition to the face amount speci Pied therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any iudgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
-
undersiRned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material menand other persons employed in the performance of
the aforesaid agreeinent and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,oi
for amounts due under the Unemployment respect to suchployment Insurance Act with
work or labor, that said surety will pay the sae 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
e
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's ys 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.
I
It is hereby expressly stipulated and agreed that this bond shall inure to the bereft t o f nay ai
id all
persons,companies and cot-porations entitled to file claims under Title 15(conimencingwith Section
3082)of Pail 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be ful ly performed then this obligation shall become null and void,
otherwise it shall be and reinain 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 shall 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 28.19,and holds itself bound without regard
to and independently of any action against Principal whenever taket
SIGNED ANDSEALEI1 on A
11guat 16o 2005 -.
Shapell Homs,
A Division of Shapell Industries, Inc. , National Fire Insurance
PRINCIPAL: A Delaware Com. SURETY: Company of Hartford —
2355 E. Camelback Road, Suite 500
Address: 100 0. MacfV6 Addi-ess: —
City: Phoenix. AZ in: 85016
City: 1vtkp1+V's Zip: '?TO35
By:
By:
V
C,
Print Name: k r Print Name: Gina O'Shea
V.
Title: 14 Title: Attorney-infact
By:
Pr.4nted Nany-- and Title; -
\kP\k'SMHARDATAkGrPDZIRtE119SVC\FonitsABN 7:��j
Rev-.JUOeAlj 1999
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know`All Men 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'"),
are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby snake,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,their true and lawful Attomey(s)-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
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instrumeats 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-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the 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 16th day of April,2004.
A"sContinental Casualty Company
# National Fire Insurance Company of Hartford
�gPautg � 'o American Casualty Company of Reading,Pennsylvania
• lasuzY ill
toil as • a
Michael Gengler Sent Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,before me personally came Michael Gengler to me known,who,being by me doily 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 iofHartford,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 Directors of said corporations and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL'SEAL.
! LtZA PRIDE
Nor�pr rUBu0.f7AT9 GF x.Ls101s
L}V.t�NiM[gA6N lIf►1Rlb: OHMS
My Commission Expires September 17,2006 Miza Price Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of heading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law 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 my name and affixed the seal of the said corporations this
16th day of August 2005
AS1AContinental Casualty Company
, �' �� National Fire Insurance Company of Hartford
conP �+N.owtoa0r�o American Casualty Company of Reading,Pennsylvania
JUL
�v SEAL
7897 � SA �.
Mary A.TTikaj@kis Assistant Secretary
Form F6853-1'1/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL:CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"ArticleIX--Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys•in-fact to act in behalf of the Company in the execution of policies of
insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of
Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`"day of February,1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant:.
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company.'`.Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on Company."
ADOPTED BY THE BOARD OFDIRECTORSOF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the
Company.
"Article VI—Execution of Obligations and Appointment of Attorney4n-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice
President may, from time to time, appoint by written certificates attomeys•in-fact to act in behalf of the Company in the execution of policies of
insurance,bonds,,undertakings and other obligatory instruments of like nature. Such'attorneys-in-fact,'subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the
seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously
given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17'h day of February,1993.
"Resolved,that the signature of the President or;any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted,pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may,be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and.executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board
of Directors of the Company.
"RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,
appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and
Other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President,an Executive Vice President,any;Senior or Group-Vice President or the Board of Directors may at any time revoke all power and;authority
previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the
Company at a meeting duly called and held on the 17`4 day of February,1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group,Vice President and the seal of the
Corporation may affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,
1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such
power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the'Corporation. Any such power so
executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to
be valid'and binding on the Corporation."
State of California
County of Los Angeles
On August 16,2005 before me, Sandy Hanner-Notary Public
Dote NAME. TITLE Of OFFICER-"JANE dOE. NOTARY PUBLIC*
personally appeared ---- Gina O'Shea
. s OF s N Atsi
(X} personally known to me-OR-(----)proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s) Was s subscribed to the within instrument and acknowledged to me that
ka/shs/VM executed the same'in*A&/h#rribi authorized capacity(), and that by Ws/her/Mmir
signatures} on the instrument the person($), or the entity upon behalf of which the person(&) acted,
executed the instrument.
WITNESS y hand and official seal.
SANDY KANNFER
Commission#1362167
Notary Public California SIGNATURE OF NOTARY
Las AngelaS Qounty
hly Comrg.Expui Jai 20061OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying ars the document
and could prevent fraudulent reattachment of this (orm:
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
j--r} INDIVIDUAL
I.._..) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) O LIMITED
(_....}GENERA!
NUMBER OF PAGES
(,..X..)'ATT't3ANEY-IN-FACT
TRUSTEWSj'
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
N9finnai I=ira'[nCttranrn(^ anyof Hartfard
SIGNER(S)OTHER THAN NAMED ABOVE
aytorsxs8
NCE
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 bonds and.insureds on certain insurance policies written by any one
or more of the following companie-q (collectively the `Writing Companies") as surety
or insurer: Western Surety Company,Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, rational.Fire Insurance
Company of Dartford,American Casualty Company of Reacting, PA, The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
S O`er PREMIUM
MIUIVI
The premium attributable to coverage'for terrorist acts certified under the Act was
Zero Dollars ($0,00).
FEDERALDjEjQLQET.M OF T PAYMENT-ORTIERRORISM
LOSES
The United States will pay ninety percent (909/6) of covered terrorism losses exceeding:
the applicable;surety/insurer deductible.
Form F7310
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On August 18, 2005,before me,Janice T. Kruse,Notary Public personally appeared,
J.C. Truebrdge& Ken Cox 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 theirsignature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
T.KRUSE WITNESS my hand and official seal.
Commission*13186mia
97
WOWpubtic-Caiif
Sarna Ciara County
tl
MYCOMM za,2ot�b Si ` ature of Notary Public
Optional information
Title or'Type of Document: Improvement Bond-Landscape-Tract 8306
Capacity Claimed by Signer: Assistant Vice''President and Assistant Secretary of
Shayell Industries,Inc.