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HomeMy WebLinkAboutMINUTES - 07252006 - C.11 1 • � S E . . TO: BOARD OF SUPERVISORS / -� ``--o� c ontra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ot Costa DATE: July 25, 2006 �o �--_ �~,k .�`,,`A county SUBJECT: Approving the Road Improvement Agreement for Charbray Street, Road Acceptance 05-01186 (cross-reference Subdivision 99-08381),for project being developed by Shapell Homes,A Division of Shapell Industries, Inc., A Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Road Acceptance 05-01186 (cross-reference Subdivision 99-08381), approving the Road Improvement Agreement,for project being developed by Shapell Homes,A Division of Shapell Industries, Inc., A Delaware Corp., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Road Acceptance 05-01186 (cross-reference Subdivision 99-08381) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The road improvement agreement will not be approved. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE v1'A�PROVE OTHER r SIGNATURE S ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the Originator: Public Works(ES) date shown. Contact T.Ric(313-2363) G:\EngSvc\BO\2006\07-25\RA 05-01186 BO-15.doc EH:vz cc: Public Works- Construction ATTESTED: � At?A Curren[Planning,Community Development T—May 25,zoos JOHN CULL C k of the Board of Shapell Homes,A Division of Shapell Industries,Inc., , A Delaware Corp. Supervisors and Count Administrator 100 N.Milpitas Blvd. I� y Milpitas,CA 95035 Attn:S.Worden&S.Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,#500 Phoenix,AZ 85016 By , Deputy Attn:Pamela L.Stokes THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 25, 2006,by the following vote: AYES: Uilkema,Piepho, DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ !4W10 SUBJECT: Approving the Road Improvement Agreement for Charbray Street,Road Acceptance 05-01186 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corp.,Danville area. (District III) The following document was presented for Board approval for Charbray Street, Road Acceptance 05-01186(cross-reference Subdivision 99-08381)property located in the Danville area, Supervisorial District III. A Road Improvement Agreement with Shapell Homes,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 two years from the date of said agreement. Improvements generally consist of roadway excavation,pavement construction,pavement striping, storm drain installation, and roadway signs. 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: Originator: Public Works(ES) Contact: T.Ric(313-2363) I hereby certify that this is a true and correct copy of an action G:\EngSvc\60\2006\07-25\RA 05-01186 BO-15.doc EH:vz taken and entered on the minutes of the Board of Supervisors cc: Public Works- Construction Current Planning,Community Development on the date shown. T—May 25,2008 Shapell Homes,A Division of Shapell Industries,Inc., A Delaware Corp. ATTESTED: 100 N.Milpitas Blvd. Milpitas,CA 95035 JOHN CULLEN, Aerk6fthe Board of Supervisors and Attn:S.Worden&S.Savage National Fire Insurance Company of Hartford County Administrator 2355 E.Camelback Road,#500 Phoenix,AZ 85016 Attn:Pamela L.Stokes By ,Deputy RESOLUTION NO.2006 �� SUBJECT: Approving the Road Improvement Agreement for Charbray Street, Road Acceptance 05-01186 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, A Division of Shapell Industries, Inc., A Delaware Corp., Danville area. (District III) DATE: July 25, 2006 PAGE: 2 I. Cash Bond Performance Amount: $24,200.00 Auditor's Deposit Permit No. DP 465879 Date: June 20,2006 Submitted by: Shapell Homes Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929 390 918 June 12, 2006 Performance Amount: $2,393,700.00 Labor&Materials Amount: $1,208,950.00 Principal: Shapell Homes,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. RESOL UTION NO. 200614'1 K9 ^ t a ROAD IMPROVEMENT AGREEMENT q/'2�51o,6 — Developer: Shapell Homes,A Division of Shavell Industries Inc. Effective Date: A Delaware Corp. Development: RA 05-01186(x-ref SUB 99-08381) Completion Period: .2 year Road: Charbrav Street Extension(South) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: (signature) (print name&t le) RECOMMENDED FOR APPROVALii By: r)64—I (signature) Enginee in S vices Dl S (prim name.&title) I�ss-T. Ste. FORM APPROVED: Victor J. Westman,County Counsel � Cor, (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Developer, 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 die 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: S 24,200.00 cash,plus additional security,in the amount of$ 2,393,700.00 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 perforniance 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: Sedurity in the amount of S 1.208.950.00 ,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 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 amountsecurities may be reduced in accordance with S94-4.406 and S94.4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. 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 964.6,"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 Toad system. 5 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 uccepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as pronmised 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 nnake 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 fi•onn time failure to comply with any of the terns and conditions hereof. 8. INDEMNITY: Developer shall hold hamnless 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 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 Indemmnitee has prepared, supplied,or approved any plan(s)or specifications)in connection with this work,or has insuranceor 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 tine costs of the work,including inspections thereof and relocating existing utilities regtdred 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 contractor 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. H. INCORPORATION/ANNEXATION. If, before die 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 patty beneficiary against Developer,who shall fulfill all the tern of this agreement as though Developer had contracted with tine 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(requires County Counsel approval BB:kw G:\EugSvc\Billilee\Civil\RA 11WRoad Improvement Agreenreu4doc Rev.June 2,2006 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On June 13, 2006 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. JUKE T.KRUSE WITNESS my hand and official seal. Convnmion#t 1597428 Notary Public-Cdit"a f Santa Clara County �J tytyComm.ExplresAu92— Sign ure of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement- RA-05-01186, Sub. 99- 08381 - Charbray Extension South Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shanell Industries,Inc. z M COUNTY OF CONTRA COSTA DEPOSIT PERMIT; '911 OFFICE OF'COVNTY AUDITOR-CONTROLLER j' MARTINEZ;CALIFORNIA. TO THE TREASURER RECEIVED FROM ; 0bbtIC,WOrkS ORGANIZATION NUMBER. 650 (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUNDlORG SUB TASK OPTION `ACTIVITY " AMOUNT , ACCT . .: Sales Tax ` . 100300 0637 65:75 Sale of Plans &Specs 004500 9 9311 REV, 6A0196 366.66, Sale of Prints 004530 9660 6A0026 437.00 RA1186.Sprvey.Menument check : 000651 : 6LO81D 1,440."00 M29,=$trd,641ight Fee:, _ . 007415 9895 990800. " S"ub•05=9005 - 000651 9660 REV 6L081 D 2,520 00' M29 Street Light,Fee '007475 9895 ` 1;167:00 S'ub05-9005`. 004528: 9931 REV: 6KQ30� $,175.00 Hydrology Consult, :: 007505 9895 6F8275 2,750:00 CCC IDtard replace" 0'04500 9975 10:00 Ishytof Mapfrainfall'data 007505 9895 REV 6F8275 9.00 Corner'Record 3924:: 00065T 9660 . 16LQ44D, 10.00 DG66.00059 Imp Plan Ckover" 6L085J °4,887.47 . BW DA 30"C S,ub Reg Fees 007558„ 914078,134,05 Inv"912026 Utl Encrh Pmt 00065:1 91,05 6LO82E . .2;730.27 Inv 91,2158 "U#1 Encrh Pmf 2;341.88 TOTAL $ Eng`Svcs,• G1201437-G1201,454 DEPOSIT' 359435.67 b �ppqlsi 59;435 67 Deposit consists of the following"items Acctng ,G1202421 G1202433 ' ': COIN and CURRENCY' $ 19 7.7 Invoices: 912184;9,12190,9121,93,912194,$A'S 28813, 17412,23994,21860 CHECKS`M.o,ETC. $, 359,415.90 32046 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP" NUMBER ' : . .: . .. DATE . ASSIGNED The amount of money described above is for Treasurer's receipt of"above amount is' Receipt cf above amount is hereby acknowledged.' deposit into the County i reasuryj , SIn >, dfe€yI F " Signed: � ; Signed ie. L.- t""'AhkXT. ."• De Count Auditor Del Count Treasurer t • v ~ D-34 Rev.(7- I J, �. COUNTY OF CONTRA COSTA ° %- DEPOSIT PERMIT . OFFICE OF COUNTY AUDITOR-CONTROLLER 41 MARTINEZ,"`CAI IFORNIA TO THE TREASURE t RECEIVED,FROM 1'1Ift Works OROANIZATI'ON NUMBER:: 650 {For Cash Coilection Procedures See County Admiriistratbe.s Bulletirt_105.`, DESCRIPTION' FUND7QRG SUB` TASK OPTION ACTIVITY AMOUNT ACCT VR04-01141:BA 2881'3 003520 9660 REV 58044X 409.38 EF01-00626; BA 17412 : 00065'1 6L083A 360.18; 6L083B; , .. 448.00; DP03 03011, BA 23994 003520 5:6036X 100,00 ©P02=03053' BA 21860. 651 000 6L0015 .. : 279.45 SU06 00006 BA.32046 003520 5B027A 120.,52' Trst u ;Fiend or 0006.48. 9140 53,139:95. 000649 9665 r. 161,829' 819800 0800 .,41,085'.00' 821500 462:00 8214.00 168:0°0 EXPLANATION: ` TOTAL $ DEPOSIT Deposit consists of the following items: ` COIN And,CURRENCY $ , CNECKs, M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY,, DEPOSIT, IT PERM NUMBER DATE ( .r ASSIGNED Treasurers receipt of above amount is approved, Receipt of above amount is hereby ecknovAed ed. The amount ' of money'described above is for P PP P . _ Y g deposit into the County z easury Lt��t teSigned: , Signed.k-, ., 'f - 6a vt Coun•-Auc#tor DeputyGdant Treasurer D'-34 Rev.�(7 93); >'s 0648-9140 / 112200: 61202421, $53,139.954 BW DA 30C Regional Fees, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 112300: G1201441, $80,000.00, RA 1186, Major Sub Improvement Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1201444, $73,300.00, Sub 05-9005, Major Sub Improvement Inspection, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1201452, $8,529.11, DG 0600059, Inspection Deposit, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 L19800.Q80Q. ,G=1201442; $2420 00 0 RA1186;rCas56 nd_,Shapell-Home 00 or h_Miap B•1ad�Ai-I�p.itas,_C4_95 819800-0800: G1201443, $15,500.00, Sub 05-9005, Cash Bond, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1201453, $1,385.0 , DG06-00059, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 821500-0800: G1202422, $462..00, AOB fees 5CC Reg., Toll Bros Inc., Norris Canyon Est., 3179 Ashbourne Circle, San Ramon, CA 94583 821400-0800: G1202422, $168.00, AOB fees 5CC SAL, Toll Bros Inc., Norris Canyon Est., 3179 Ashbourne Circle, San Ramon, CA 94583 e� Bond No.: 929 390 918 Development: RA 05-01136 (x-ref SUB 99-08381) Pren um: $170953.00 Alam Creek IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code§§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(.Principal)has executed an agreement (Road. Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 05-01136 (x-ref SUB 99-083811 to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Shapell Homes A Division of Shapell Industries Inc. A Delaware Corp as Principal and National Fire Insurance Company of Hartford ,a corporation organized under the laws of the State of IL , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: Two Million Three Hundred Ninety Three Thousand Seven Hundred and 00/100 Dollars($ 2.393 700.00 j for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: One Million Two Hundred Eight Thousand Nine Hundred Fifty and 00/100 Dollars ($ 1,208,950.00 }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 frill force and effect. 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 the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished, labor of any kind, or for amounts due wider the Unemployment 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 under Title 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 right 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 frill 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 itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on June 12, 2006 Shapell Homes, A Division of Shapell Industries, 11National Fire Insurance PRINCIPAL: Inc.-,. A Delaware Corp. SURETY: Company of Hartford Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback Road, #500 ;.1il itas CA 95035 AZ 85016 City: P� � >ty: By: Prin �J91aJ6 L' Print Name: Perla L. Stocks Title: Title: Attorney-in-Fact Print N and Title; — "SST'•&t� . :bb G:\BngSvc1Bi11i1ce\Civil\RA 1186\11oad Bond Agreemenl.doe MONOMER j 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,an Illinois 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,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 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 Senior Vice President and their corporate seals to be hereto affixed on this 10th day of March,2006. cAsu,��r �Nsugq Continental Casualty Company ,ate q National Fire Insurance Company of Hartford ' GWOPAT �Nc arFo American Casualty Company of Reading, Pennsylvania Z $ JULY 11. ,,, OU SEAL 1902 �Y tog? HAiI� Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of March,2006,before me personally came Thomas P.Stillman 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,an Illinois 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. i "OFFICIAL SEAL` MARIA M.MEDWA ^/�I► / ,�'•` (`y^/�-y /] i My Commisaon bcpia 3/1 slog i My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois 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 12th day of June 2006 r,Astq�T NISUINoA Continental Casualty Company National Fire Insurance Company of Hartford F cOaPORq*E V �w�a" rro American Casualty Company of Reading,Pennsylvania Z $ JULY 11. , OU SEAL 1902 1897 HARD Mary A. Rtbikafjkis Assistant Secretary Form F6853-11/2001 . Q 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 in behalf 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 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 attorney4n-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 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 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 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 attomey-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 By-Law duly adopted by the Board of Directors of the Company. "Article VII--Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors;the President of any Executive or Senior 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 thereto.- The Chairman of the Board of Directors, the President or any Executive,Senior 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, 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 June 12,2006 before me. Sandy Hanner- Notary Public Oate NAME. TITLE OF OFFICER., 'JANE OOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S) OF SIGNER(S) (X) personally known to me – OR – (._.--.) proved to me on the basis of satisfactory evidence to be the person(s) whose name(st) is/am subscribed to the within instrument and acknowledged to me that he/she/tom executed the same in phi$/her/td>talr authorized capacity(iles), and that by his1her/mOU signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDY HANNER WITNESS y hand and official seal. Commission#1'362157 -� Notary Public-Caldomia SIGNAT091E OF NOTARY Los Angeles County My Comms -Expires Jul 2,,2OQ6 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen 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 (-Z ) ATTORNEY-IN-FACT (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Natinnal Fire Insuranre Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE d-107426.8 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On June 13, 2006 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. JANICE T.KRUSE WITNESS my hand and official seal. Commission# 1597428 1 Notary Publk_California Santa Clara County My Comm.Expires Aug 24,200 Sign ture of Notary Public Optional Information Title or Type of Document: Improvement Bond - 929390918 Capacity Claimed by Signer: Assistant Vice President & Assistant Secretary of Shavell Industries,Inc.