HomeMy WebLinkAboutMINUTES - 08172004 - C14 TO: BOARD OF SUPERVISORS dT
FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR
DATE: August 17, 2004
SUBJECT.': Approving Road Improvement Agreement for Japonica Way,RA 03-01148 (cross-reference
Subdivision 7984).
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 445 for RA 03-01148 (cross-reference Subdivision 7984), approving Road
Improvement Agreement for Japonica Way,being developed by Shapell Industries of Northern California,a division
of Shapell Industries, Inc., A Delaware Corp., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
'.None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Conditions of Approval for Subdivision 7984 (Gale Ranch Phase II) require construction of certain road
improvements.
CONSEQUENCES OF NEGATIVE ACTION:
If said road improvements are not built this w uId result in problems with traffic circulation.
Continued on Attachment__,,, Signature:
--�RECOMMENDATION OF COUNTY ADMINISTRATE -
COMMENDATION OF BOARD COMMITTEE V
� -A—PPROVE OTHER
SIGNATURES . ,
ACTION OF BOON APPROVED AS RECOMMENDED Xx OTHER
r
2
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENTUISTRICT I )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of
SG:rm
an action taken and entered on the minutes of the
G:\GrpData\EngSvc\BO\2004\08-17-04\RA 1148 Order.doc Board of Supervisors on the date shown.
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
cc: Public Works-T., Bell, unityConstructioneveATTESTED: AUGUST 17 t 2004
Current Planning,Community Development
T—June17,zoos(P1)
Shapell Industries of California JOHN SWEETEN, Clerk of the Board of Supervisors
ll
100 N.Milpitas Blvd.
Milpitas,CA 95035 and County Administrator
Afro:Steve Savage,Sam Worden
National Fire Insurance Company of Hartford
5820 Canoga Ave.,Suite 200
Woodland Hills,CA 91367
Atm:Pamela L.Stocks
By ,,j'' J_� ; Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 17, 2004,by the following vote:
AYES: SUPERVISORS UILKEMA, GREENBERG, DESAIILLNIER AND GLOVER
NOES: NOME
ABSENT: SUPERVISOR JOHN GIOIA
ABSTAIN: NONE
RESOLUTION NO. 2004/445
SUBJECT: Approval of Road Improvement Agreement for Japonica Way,RA 03-01148(cross-
reference Subdivision 7984), being developed by Shapell Industries of Northern
California, a division of Shapell Industries, Inc., a Delaware Corp., San Ramon
(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Japonica Way, road
acceptance file RA 03-01148(cross-reference Subdivision 7984)property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Shapell Industries of Northern California,a division
of Shapell Industries,Inc.,a Delaware Corp.,principal,whereby said principal agrees to complete all
improvements, as required in said road improvement agreement, within one year from the date of
said agreement. Improvements generally consist of road improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES) on the date shown.
Contact: Teri Rie(313-2363)
.iY rm
o:\GrpData\EngSvc\BO\2004\08-17-04\M 1148 B0-15.doc ATTESTED: AUGUST 17, 2004
cc: Public Works-T.Bell,Construction
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and
T—June 17,2005(P1)
Shapell Industries ofNorthem California County Administrator
104 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Steve Savage,Sam Worden
National Fire Insurance Company of Hartford
5824 Canoga Ave.,Suite 200 B Deputy
Woodland Hills,CA 41367 y s
Attn;Pamela L.Stocks
RESOLUTION NO.2004/ 445
SUBJECT: Approval of Road Improvement Agreement for Japonica Way, RA 03-01148
(cross-reference Subdivision 7984),being developed by Shapell Industries of
Northern California, a division of Shapell Industries, Inc., a Delaware Corp., San
Ramon(Dougherty Valley) area. (District III)
DATE: August 17, 2004
PAGE: 2
I. Cash .Bond
Performance Amount: $8,200.00
Auditor's Deposit Permit No. DP 423931 Date: May 3, 2004
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
Il. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 921299742 April 20, 2004
Performance Amount: $814,700.00
Labor&Materials Amount: $411,450.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/445
f�+ ROAD IMPROVEMENT AGREEMENT
Developer: RA 11481 Gale Ranch II i `' Effective Date: .
Development: Sha ell Industries of orthern Califomia Completion Period: I year
a Division of Shatnell Industries,Inc. _ �(
Road: _ - Japonica --
THESE SIGNATURES ATTEST TO TEI:E PAR'T'IES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director '
By: �,p«.tA:i-..� �f (B1pIIt.IICE)
(print Ii1YlY&L1Q1Cj
RECOMMENDED FOR APPROVAL `' ".
By: r (signature)B
Engineering ices r isi n (print aeme&title) t .
FORM APPROVED: Victor J.Welaan,County Counsel
(NOTE: AH signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Develot�er,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer 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 development 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).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $8,200.00 cash,plus additional security,in the amount of$814.700.which together total one 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 Developer 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$41 ,
11450.,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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORD. Developer 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. Developer 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. Developer 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.
6. DAPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer 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 Developer 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: Developer shall hold harmless and indemnify the indemnitees from the liabilities as definers 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 Developer,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,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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer 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 Developer 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.
Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development 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 Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other requiresounty-Counsel approval----
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\\PWS4ISHARDATA\CITDatalEng$vcTormslAG WOMAG-24.doc
Rev.April 6,2000
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
l County of Santa Clara
S
S;
On April 21, 2004, before me,Janine T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Coit known to me to be the persons whose name are >�
subscribed to the 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.
55 ,
E T.KRUSE
commissim# 1319647 WITNESS my hand and official seal. s
z� Y Put -COMOM10
r
z Signature of Notary Public
Optional Information z
s Title or Type of Document: Road Improvement Agreement-RAI 148- Gale Ranch >z
�5 II
1.'
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
S
<j �S
j�
�� S
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER. MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(Far Gash Collection Procedures see County Administratoes Bulletin 105.)
DE5CRPTION FUNDJORG A R TASK CSN ACTIVITY AMOUNT
fi; `` f 1166
i
�lr"AL13. tij v�% 'Bu.L/&Q I I t I I I I t I J9
' d ' ' ..
Lo
412 i
T S1 9660 OFV &,09
t
fi?qq 91 3 .
T x l-, W6 5t ?466 &V &t&W 0
r - t .5 ob
OW6 0?66 =23542 1,40
5za �713
Ll- W061 I
EXPLANATION: TOTAL $ i
DEPOSIT 2Z4 aa
o*ca fists of the folkwAng item
COIN and CURRENCY $ `.
CHECKS,MO,ETC
BANK DEPOSITS $
I czcio ' FOR AUDITOR-CONTROLLER USE 0I4Y
DEPOSIT
PERMIT D
Dp
ASSIGNED
The amount of money described abeam is for Treasurer's t of a 46unt Receipt of about*amount is hereby
ttintthe County Treasury. t t. t. acknowledged.
Date Signed: Signed. vb,140t"L,
o
EXT. Deputy County Audhor Deputy County Tmasurer
R- t RAY(7-93) r
828600-0800: 61138290, $125.00, WCC Traf Fee COLA, permit# 340971,
Rami Mayder, 1331 Sierra Ave. San Jose, CA 95126
828600"0800: 01138291, $30.00, WCC Traf Fee COLA, permits# 351191 &
351192, Excelbuilt, Inc., 3150 Hilltop Mall Rd, Ste 10, Richmond, Ca 94806
0682-9755 / 819200: 61138281, $16,000.00, Signal Design & Remodel,
Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035
0682-9755 / 819200: 611382821 $6,000.00, Signal Design, Shapell
Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035
0682-9755 / 819200: 62138283, $3.600.00, Signal Design, Contra Costa RE
Investors, LLC, 4155 Blackhawk Plaza Circle, Suite # 201, Danville, CA
94506
0682-9755 / 819200: 61138284, $400.40, Signal Design, Ponderosa Homes
II, Inc, 6671 Owens Dr., Pleasanton, CA 94588
819800.0800: 61138517, $88 200.40, RA 1148, Cash Bond, Shapell
Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1138519, $14,000.00, Sub 8690, Cash Bond, Shapell
Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: 61138527, $1.342.00, MS 02-0020, Cash Bond, Busby
Construction, PO Box 1007, Martinez, CA 94553
0649-9665 / 831000: G1138527, $9,539.00, MS 020020, Inspection Fee
Deposit, Busby Construction, PO Box 1007, Martinez, CA 94553
0649-9665 / 831000: 01138518, $40.500.00, RA1148, Road Acceptance
Inspection, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas,
CA 95035
0649-9665 / 831000: 61138520, $66,400.00, Sub 8690, Major Sub
Inspection, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas,
CA 95035
COUNTY "`F CONTRA COSTA - GENEP RECEIPT +� r��p
<,-7 A l Sii C ? !GF�;_ THIS COPY IS �7.i.�v�L7
DEPT_ 2000 NOT A RECEIPT
TKA0
DOLLARS$
f
FOR '�, i 3d b. - e"I # #<:f*1 s %3 ')i7`C r.%✓() J
s
(10K
CASH ACCT.
RECEIVED FROM
BAL.
CHECK AMT.
CL }N',tli", FQ N(ii,.70CV,.N' rPL.i1 PAID
MONEY BAL.
iLP S z v' ORDER DUE
W57,REV.7189) ! E
Bond No.: 929 299 742
Development: RA-1148 Gale Ranch it
Premium: $6,110.00 (X f —
IMPROVEMENT"SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code§§ 66499 -66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA-1148,Gale Ranch 11 to complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Shapell industries of Northern California,A Division of Shapell Industries Inc.,a Delaware Corp. as Principal and
National Fire Insurance ompany
of Hartford , a corporation organized under the laws of the State of CT ,
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows:
A. Performance. Eight Hundred Fourteen Thousand Seven Hundred No/100**
Dollars($ 814,700.00•* }for itself or any city assignee under the above County
Road Improvement Agreement,plus
B. Payment: Four Hundred Eleven Thousand Four Hundred Fifty No/100**
Dollars($411,450.00** ) to secure the claims to which reference is made in
Title 15 §§ et seq. of the Civil Code 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 bonded
Principal, or principal's 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 it 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 Contra 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 fomes d.effect. 3'
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,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'he aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor
of any kind,or for amounts due under the Unernployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all 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 underTitle 15(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a-fight of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions 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 Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound
without regard to and independently of any action against Principal whenever taken,
4. SIGNED AND SEALED:
The undersigned executed this document on April 20,200.4
Shaped Industries of Northern California,A Division of
PRINCIPAL: Shapell Industries, Inc.,a Delaware Corp. SURETY: National Fire Insurance Companroof Hartford--
Address:
arifardTAddress: 100 N. Milpitas Blvd- --— — Address: 5820 Canoga Avenue,Suite 200'------
City: -Mil ' s, �A 95035- ---- City: WQ d Hien IIs,CA 9136��J--T818-713-2031_By: By:
Print Name: [�elr Print Name: Pamela L.Stocks _—
Title: Title: Attorney-in-Fact
By: T4 W-01
Print Name:
Title: - --- .#.-..-- ...V z•�'
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C AGilillata bngSvcV'omisASN WORMBN-9.doc
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.............................................................................. ..
.................................................................................................................................................................................................................................................................................................................
POWER OF A"—ORNEY APPOINTING IN\TDIVEDUAL AT'P IRNEY-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 make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually
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
-In 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 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 Vice President and their corporate seals to be hereto
affixed on this 9th day of July,2003.
o>►.sty�r �sukotow
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
1997
Michael Gengler Seni—dr Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,2003,before me personally carne Michael Gengler 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 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 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 +
ELtZA PRICE
NOTARY PPUN-1r.i7ATE OF If.A,IN01ffi
MY COMMIMON EXPiREB:an?la 63k4
My Commission Expires September 17,2006 Eliza Price Notary Public
CERTIFICATE
1,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 Reading,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
20th day of April 2004
c�suat� tstrJr Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
JUL It.
SFAL
too? � MACK�� +� ' —
Mary A.Rtbikafjkis Assistant Secretary
Form F6853
.............
t%uthorizing 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 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 170'dayof 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 beating 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 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 Attorney-In-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 attorneys-in-fact to art 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-fast."
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 170'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 1701 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 be 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 April 20, 2004 before me, Sandy Hanner- Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC-
personally appeared Pamela L. Stocks
NAME($)OF SIGNER(S)
{ x ) personally known to me --OR— (_.._,.) proved to me on the basis of satisfactory evidence to be
the person(&) whose name(*islanixsubscribed to the within instrument and acknowledged to the that
lltedshe/ js.executed the same in hdVher/ttot authorized capacityoes> and that by PAN/herAw
signature(a) on the instrument the person(K), or the entity upon behalf of which the person(so acted,
executed the instrument.
�^.. ' ""` WITNESS r hand and official seal.
a SANDY HANNEa y
Commission#1382957
»t, Notary Public-Celifomis fig?;✓"
.^ Las Angeles County SIGNATU44E OF NOTARY
My Comm,Ex Jut 2,20Oe
4
P�
OPTIONAL
Though the data below is not required by taw, 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
{X} ATTORNEY-IN-FACT
{_. ) TRUSTEE(S)
{ } GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAIVE OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
1 4TIQE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bands 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 (collectivdly 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 Hartford,American Casualty Company of Reading, PA, The .Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DI&ILCIil;- P3F Mit"+
The premium attributable to coverage for terrorist acts certifier)under the.Act was
Zero Dollars ( 0.00). RO
1 tit
il.lLt'tOF .P.s .ZdRAL J. iLY L` f 3:tdb .tLl
The United States will pay ninety percent(90%) of covered terrorism losses_ exceeding
the applicable surety/insurer deductible.
Farm P7310
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �\
� 1
State of California
County of Santa Clara
sOn April 21, 2004, before me,Janice T. Kruse,Notary Public personally appeared <
Robert D. Moore and Ken Cox known to me to be the persons whose name are ?�
s subscribed to the 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.
l
JANCE
;# USE
1 e97 ,-)YITNESS my hand and official seal. z
Mary Pubk-CaWotnba
I
Ciarca Cow*
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r
- Signature of Notary Public z
Optional Information z
5
Title or Type of Document. Improvement Bond for Road Improvement Agreement
- Gale Ranch II-RA 1148 - Bond#929299742
S //
Capacity Claimed by Signer. Assistant Vice President and Assistant Secretary of
Shapell Industries,Inc.
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