HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-677 "THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on October 11, 2005 by the following voter
AYES: Gioia,Piepho,DeSaulnier,Glover'and Uilkema
NOES: None
ABSENT: Nene
ABSTAIN None'
2UT
SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for
Subdivision 04-08699, being 'developed by Shapell Industries of Northern
California, a Division of Shapell Industries,'Inc., San Ramon (Daugherty Valley)
area. (District III)
The following document was presented for Board approval this date for Subdivision 04-
08699, located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way, Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., developer, whereby said developer
agrees to complete all improvements as required 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:
1. Cash Deposit
Deposit Amount: $3,500.00
"Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 441491 March 24,2005
LL:rm I hereby certify that this is a true and correct copy of an
G:1CrrpData\HngSvc\B0\2005tt0-1 ItSD 04-08699 so-:c.doe action taken and entered on the minutes of the Board of
Originator:' Public Works(ES)
Contact: Tari ttie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development �e! GX' //
T-August 4,2006(Pl) ATTESTED. , X44%5-
Shapell industries of Northern California
100 N.Milpitas Blvd. JOHN SWEETEN,Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
Attn:S.Worden
National Fire Insurance Company of Hartford
2355 E.Camelback'Road,Ste 500
Phoenix,AZ 85016
Attn:Pamela L.Stocks By , _ Deputy
RESOLUTION NO.2005/ "
SUBJECT: Approving; the Subdivision Agreement (Right of Way Landscaping) for
Subdivision 04-08699, being developed by Shapell Industries of Northern
California, a Division of Shapell Industries, Inc., San Ramon (Dougherty"Malley)
area. (District III)
DATE: Octoer 11, 2005
PAGE: 2
II. Surety Band
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929'348 487 .Mardi 14,2005
Performance Amount: °$346,900.00
Labor&Materials Amount: $175,200.00
Principal Shapell Industries of Northern California, a 'Division of Shapell
Industries,Inc.
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: 86119 Effective Date: r'�
Subdivider: Shapetl industries of Northern California Completitsn Period: uYear
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shia, Public Warks Director Shapell Industries of Northern California,
a division of Shapell Tndustries Inc.
By: <w (signature)
% ` --
t By;inm name&title) _.
RECOMMENDED FOR.APPROVAL: ��"f V'I �'�'L:sr�--,,V 7
By: "` L,
(signature)
ir�A
Engineering Services Division $ iprinl name&thiel Y,
FORM APPROVED: Victor J.Westman County Counsel ,r '
(NOTE.Ali sanat"U'l-sIbeacknowledged. if Subdivider is incorporated,
signatures must conform with the 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"Couand the
above-mentioned Su k divider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements,
signs,,street lights, fire hydrants, landscaping, and such other improvements (including 'appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department 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 California Subdivision Map act(Government Code§§66410 and following),Ina good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements ofthe 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. IMPROVEMENT 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 Performance and Guarantee: $ 3-500.00 cash, plus additional security, in the amount of �$
346-900.00 which together total rine hundred percent(100%)of the estimated cost of the work.
Such additional security is presented 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 underthis Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory'performance.
8. For Payment: Security in the amount of$ 175;200.00 which is fifty percent(50%)of the estimated cost of the
work. Such security is presented in the form of:
Cash,certified check,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 ani,°o-int
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND 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 96-4.6,"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 workshall beperformedfor 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 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,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 liabilities 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 causing liability 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 has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work orsubdivision,or has insurance
or other indemnification covering any of 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. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the flied map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails 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 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 litigation 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. RECORD MAP. in consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kwaap _
G:1GrpDa1a\EngSvc\Forms\AG WORMAG-30A.doc
Rev.May 18,2001
ss
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �s
State of California
County of Santa Clara >S
On March 21, 2005,before me,Janice T. Kruse,Notary Public personally appeared,
J.C.Truebridge& Ken Cox personally known to 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.
JANE T.KRUSE
Commission# 1'318697 [ WITNESS my hand and official seal.
Notary Public•California 'V
' Santa ciora county >`'
My Comm,Expires Aug 24,2>Ci
Si ature of Notary Public
Optional Information
1>
ss
Title or Type of Document: Subdivision Agreement-Right of Way Landscaping
Tract 8699
Capacity Claimed by Signer: Assistant Vice President and AssistantSecretary of
Shaved Industries,Inc,
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OR�ANUATION NU ER
iFor Cash Callectian Procedures see County Admin toes BuAetin 105.)
DESCRIPTION Ft ND/ORG SU TASK "OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ i
DEPOSIT !
Deposit corisists of the follovAng items
COIN and CURRENCY $
CHECKS,A0,ETC. $ X,
BANK DEPOSITS $
FOR AUDITOR'-CONTROLLER USE ONLY
DEPOSIT
PERAW DP--1
NUMBER`
DATE
ASSIGNED
The amount of money described above is for Treas is receipt of above amount is approved. Receipt of above amount is tweby u
deposit into the County Treasury. acknervrled�ed
Sl Date \
Signed-
Titleir °' EXT. putt'Co Daputy County Treasurer
D-34 REV.{9-93}
f ;
1.
0649-9665 / 112300: G1160185, $500.04, 852990, Record of Survey
Deposit, R. Jeffrey Lindsay, 3357 Springhill Rd., Lafayette, CA 94549
0649-9665 / 112300 61160186, $500.00, RS2991, Record of Survey
Deposit, Milani & Assoc, 4071 Port Chicago Hwy, #100, Concord, CA 94520
0649-9665 / 112300: 61160187, $500.001, R52993, Record of Survey
Deposit, Mohammad Z. Noor', 860 Hanlon Way, Benicia, CA 94510
0649-9665 / 112300: 61160188, $500.00, R52992, Record of Survey
Deposit, Jennifer Ransom Muton, 4180 Santa Rita Rd., El Sobrante, CA
94803
0649-9665 / 112300: 61160196, $19,300.00, Sub 8699, Landscape
Improvement Inspection, Shapell Industries of Northern Calif., 100 N.
Milpitas, CA 95085
0649-9665 / 112300: 61160197, $3.600.00, Sub 8929, Major Sub Final Map
Check Deposit, Windemere BLC, LandCompany LLC, 6121 Bollinger Canyon
Rd, #500, San Ramon, CA 9+4583
819800-0800: 01160196, $3,500.00, Sub 8699 Cash' Bond, Shapel'I
Industries of Northern Calif., 100 N. Milpitas, CA 95035
139200-0682: 6115989, $1:900.00, Vacation Application 12 Briarwood, Ct.,
W.C., Julie Cullimore, 12 Briarwood Ct., W.C. CA 94598
0648-9140 / 112200; 61160761, $89,892.36, DA 104 Sub Reg, City of
Brentwood, 708 Third St., Brentwood, CA 94513
Subdivision: 8699
Bond No.. 929 348 487
Premium., $2,602.00
Gale Manch 1,1,N-6,Belvedere.
INIPR 7VEll ENT SECURI'T'Y BONS
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee,and Payment)
(California Government Code Sections 66462 and 66463)
1 RIv i AI. OF.SUBDIVISFON AGREE -trm: The Principal has executed an agreemvmt with the County to
install and pay for public right ofway landscaping, and other related improvements in Subdivisions 8699
as specified in the Subdivision Agree�ne�nt(Right ofWayLandscaping),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 lanes and rulings thereunder in order to satisfy conditions for filing of
the Final Mal)or Parcel Map for said,Subdivision,
2. OBLIGATION-, Sl a ell Industries of Northern California,A Division of Sha ell Industries Inc., as
Principal, and National Fire Insurance Com]2any of Hartford ,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 Crista, California to pay it:
A. Performance and Guarantee: Three Hundred Fort r-Six Thousand lime Hundred Olt 00
Dollars'( 346,900,00 ) fon itself on•any city assignee
under the above County Subdivision Agreement,plus
B. Payment: One Hundred Sevent a-Five Thousand Two Hundred and 0/100"
Dollars ( 175,200.00 )to secure the clairns to which reference
is invade in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Cade of
the State of California.
3. CONDITION:
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 assign,shall in all things stand to
and abide by, and well and truly keep and perforin the covenants;conditions and provision in the
said a,greemennt 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 hannnless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,therm this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
........... .................-.:.....................................I...................................................................................................................................................................................................................... .................
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 assignee) in successfully enforcing such obligation, al.1 to be taxed as
costs and included in any judgement Tendered.
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 perforinance
of the aforesaid agreement and referred to in the aforesaid Civil Code formaterials furnished 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(corninencing with Section
3082)of Pail 4 ofDivision 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 full),performed then this obligation shall become null and void,
othenvise it shall be and remain in full force and effect.
agreed C. No alteration of said subdivision agreement or any plan or specification of said work gr ed to by the
-orn liability on this bond;and consent is hereby
Principal and the County shall relieve any Surety front
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions ofCalifornia-nia Civil Code Section 2819,and holds itselfboundwitbout regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on March 14,2005
Shapell Industries of Northern California,
A Division of National Fire Insurance Company
PRINCIPAL: Shapell industries, Inc. SURETY: of Hartford
Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500
City: ��6nlx)AZ Lip; 85016
Zip: 850
35
City: Milpitas, CA
B
77 e- -1312-,
Print Nkn Print Name: Pamela L.Stocks
Title:V Title: Attorney-in-Fact
BY::
Print Name: YL
Title: E ' /n
ktP%VSt`SHARI)ATA\Crpl)ata\bitgSNc\FoniiskBN WORD\Bl,,'-12A,doc
Rev;June 17,19"
..................
.......... .................
.............................
POWER OF ATTORNEY APPOINTINGINDIVIDUAL.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, AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA,.a Pennsylvania corporation(herein collectively called"the CCC Surety 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 signature and seals
herein affixed hereby make,constitute and appoint
Pamela'L.Stocks,Beverly A.Hall,Sandra V.Hanner, Individually
of Sherman Oaks,Califomia
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
-1n Unlimited Amounts-
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 are hereby ratified and confined.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 7th day of January 2000
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
acaroAft �, dl ti 7 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY 31,
1697 ,� � •
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 7th day of January 1 2000 before me personally came
Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;
that he is a°Group'Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 soaffixed
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 SEAV
• DIANE FAULKNER f
Saftm PEttt Mate of minde : a --2,
• MU Comntissbn bpom 91117Al1',
My Commission Expires September17,2001 Diane Faulkner Notary Public
CERTIFICATE
1, Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certifytixatthe 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 each corporation printed on the
reverse hereof are still in force. In testimony'whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this I th day of Y;areh 2005
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
` f AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
J I,
C)v £iEl1l Y y
(Rev.10/1/97) Mary A. Ribikawskis' Assistant Secretary
..................................................... ........... ..........,.............,........... ......................... ............................................. .............,...........
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.
"Article IX—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 attorneys-in-fact to act inbehalf of the Company in the
execution of policies of insurance, bonds,undertakings and other obligatory instruments of like.nature. Such attomeys-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 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 17th 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 itis
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF 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 W—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Aftorney-in-fact.The Chairman of the Boardof 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 obligatoryinstruments of like nature. Such attomeys-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 17th 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 seat 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 an 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 Aftorney-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 17th 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 maybe 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 seat 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 seat 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 Lak Angeles
On March 14,2065 before me, Sanity Hanner-Notary Public
Oslo NAME,TITLE OF OFFICER-"JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L.Stocks
NAME(S)OF SIGNER(S)
{ )personally known to the–'OR•- (—)proved to me on the bads of satisfactory evidence to be
the persort(a) whose name(*)islom subscribed to the within'instrument and acknowledged to me that
No/sheltAW executed the sante,in Us/hor/Iftair authorized pacity'iee},and that by k h�er1W&W
signatures) an the instrument the person{ , or the entity up' n Behalf of which the person(s) acted,
executed the instrutxtent'
WITNESS y hand and-almal seal.
SANDY HAMER
_ Commission#MZZ5t
Notary Public-Cabfor� ,` SIt3NATURE OF tk{Y1I►RY
Los Angeles Cowty
itAy Com .E cp es Jut 2,2 0 C?isTtt NAL
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) (.....) LIMITED
{.._}GENERAL
NUMBER OF PAGES
(.. .)
ATTORNEY-IN-FACT
(_ ,}
TRUSTEE(S)
(. . .) GUAROtAN/CONSERVATOR
OTHER
GATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) Oft ENTITY(IES)
Natit�t ire InSuranne QampAoy of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE'
0•�dxa2b.g
NOTICE
In accordancewith 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 companies (enllpetively the "Writing Companies") as surety
or insurer:Western Surety Company,Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Dartford,American Casualty Company of Reading, PA, The Firemen's
Insurance Company of Newark,'NJ, and The Continental Insurance Company.
QS_U-RF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
IBE-DF FED
E R AT`IO N P F TFRIt RISM
SSRS
The Un ted States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible,
Form F731Q
a <
v
�a
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
;" y7
r
State of California '
}l +
County of Santa Clara >
On March 21,2005, before me,Janice T. Kruse,Notary Public personally appeared,
J.C.T'ruebridge& Ken Cox personally known to me to be the persons whose names are
{ subscribed to the withininstrument 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:' '
s�
,WMCf L i(RU5E ;
commission# 1348697 WITNESS my hand and official seal,
5 � Wary PWbbc-Capt mb
Sar0o bra Coq >�
' °`" ` Si ature of Notary Public
Optional Information s
ti
Title or Type of Document: Improvement'Bond- Tract 8699
Capacity Claimed by Signer: Assistant Vice President and Assistant Secret
Shan ll 1ndustrim Inc.
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