HomeMy WebLinkAboutMINUTES - 10082002 - C.11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 8, 2002 by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DSAULNIER, CLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO, 2002/6.3 3
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 7984, for
subdivision being developed by Shapell Industries of Northern California, San
Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for SUB 7984,
located in the San Ramon area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Band
Deposit Amount: $26,900.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 391840, August 22, 2002
TR:cw I hereby certify that this is a true and correct copy of an action
G:\GrpData\EugSvc\BO\2002\10-08-02\SUB 7984 BO.16.doc
Originator: Public Works(s) taken and entered on the minutes of the Board of Supervisors on
Contact:Teri Rte(313-2363) the date shown.
Public Works-T.Beit,Construction
Current Planning,Community Development
August 2003
Shapell
ATTESTED: OCTOBER 08 , 2002 _
Shape131ndustries ofRlorihent California —
P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County
100 North Milpitas Blvd,
Milpitas,CA 95035 Administrator
ATr:Sam Worden,SteveSavage&Jim Gold
National Fire Insurance Co.of Hartford
21650 Oxnard Strect,#600
Woodland Hills,CA 91367
By - Deputy
RESOLUTION NO.2002/ 6 3 3
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 7984, for
subdivision being developed by Shapell Industries of Northern California, San
Ramon(Dougherty Valley) area. (District III)
DATE: October 8, 2002
PAGE 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond.Number and Date: 929247987, August 14, 2002
Performance Amount: '$2,658,800.00
Labor&Materials Amount: $1,342,900.00
Principal: Shapell Industries of Northern California
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 20022633
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 66463)
�: '
Subdivision: SUB 7984 Effective Date: - x� z-
Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year
CALIFORNIA
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
p.�
Maurice M. Shiu, Public Works Directory SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
I •r' Fa
By:
s"y >t s 'sna: (signature) BY:
f
(pint name&title) -
RECOMMENDED FOR APPROVAL:
J,
By; (signature)
Engineering Services vi io (print name&title) } n"ie, tce" ,Ri�L£4S"�
FORM APPROVED: Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. 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"County,"and
the above-mentioned Subdivider,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), 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 Subdivider shall,pursuant to Government Code§66499,and
the County Ordinanca Code,provide as security to the County:
A. For Performance and Guarantee: $$26,900.00 cash, plus additional security, in the amount
of $ 2,658,800.00 which together total one hundred percent(100%0)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 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$, 1.342.900.00 which is fifty percent(50%4)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 amount
securities may be reduced in accordance with§94-4.406 and§944.408 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 perforrn establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed,rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. 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 iiabilitie 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 l€ability 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 or subdivision,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.
14. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed 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 falls 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 acid/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 original€y.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Place Notary Sea;Above Signature at Noiary Public
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COUNTY OF CON COSTA
DEPOSIT PE IT
—)OFFICE OF COUNTY DIT -CONTROLLER
TO THE TREASURER: MARTINEZ, LIF A
RECEIVED FROM
ANIZATION NUMBER
(For ash Collection Procedures see Cqunfy Administrator's Bulletin 105.)
DESCRIPTIgmi FUND/ORG, SUB. TASK OPTION ACTIVITY AMOUNT
ACCT
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DEPOSIT
Deposit consists of the following Kems
COIN and CURRENCY $ t'{ f
CHECKS,MO,ETC. $ #
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP,_. i
NUMBER
DATE
ASslGa 2
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
de p sit into the County T eaury. acknowledged.
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Signed sr: Dote(, 1'
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Signed � gA
Signed: �_l
Titie t1( fXT. putt'County Auditor Depuounty Treasurer
D-34 REV.(7-s3) `��V�� -
i
000649-9665 1831000: G1093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
$49,920.00, DA 0004 Plan Check
$44,000.00, dA 0004 Improvement Inspection
819800-0800: 61093897, $8-200.00, RA 1103 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093898, $1,000.00, RA 1104 Cash Bond, Shapell Industries of Northern V/
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093901, 12,300.00, RA 1117 Cash Bond, Shapell Industries of Northern v
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093902, $19.800.00, RA 1122 Cash Bond, Shapell Industries of Norther
California, 100 North Milpitas Blvd, Milpitas, CA 95035
819800-0800: 61093903, 11,800. , RA 1125 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
19800-0800: 61093904, $26,900.00 SUB 7984 Cash Bond, Shapell Industries of
zw t orth�California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800--0800: 61093905, 5 500.00, PA 0003 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093906, $77,600.00, RA 1122 (SUB 7984) Cash Performance Bond,
Shapell Industries of Northern California, 100 North Milpitas Blvd. Mi€pitas,`CA 95035
819800-0800: 61093907, $54.8030.00, SUB 7984 (Neighborhood #1) Cash Performance
Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA
95035
819800-0800: G1093908, $21,300.00, RA 1114 Cash Performance Bond, Shapell Industries
of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/
California, 100 North Milpitas Blvd. Milpitas, CA 95035
L
000649-9665 ! 831000: G1O93888, $500,00, RS 2698 Record of Survey Map Check Fee,
beBo€t Civil Engineering, 811 Sam Ramon Valley Blvd., C3anville, CA 94526
000649-9665 / 831000: G1O93889, $500,00, RS 2699 Record of Survey Map Check Fee,
Real Estate Engineering, Inc., 1760 Ha€ford Avenue, Ste 360, Santa Clara, CA 95051
000649-9665 / 831000: G1O93897, $20,166.00, RA 1103 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1O93898, 8,000.00, RA 1104 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1O93899, $33.295.00, RA 1105 Landscape Inspection, shopell
Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
000649.9665 / 831000: G1O939OO, $8,968.00, RA 1116 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1O93901, $14,034.50, RA 1117 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093902, $46.219_00, RA 1122 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1O939O3, $11,388.501, RA 1125 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 950335
000649-9665 / 831000: G1O939O4, $62,178.25, SUB 7984 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093905, $28,147.00, PA 0003 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093908, $48,554.89, RA 1114 Plan Check, Shapell Industries of
Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
$18,834.1)0?, RA 1125 Plan Check
$27,345.00, PA 1125 Improvement Inspection
$13,563.00, RA 1125 Landscape Inspection
819800-0800, G1093910, 000.00, bA 0004 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
Subdivision: 7984, Gate Ranch It
Bond leo.: 929247987 v_.
Premium: $13,294.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
1. ftcrcAL OF SUBDtMioN AGREEqENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision 7984. Gale
Ranch 11 as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. UBLvGAijoN: Shapel€ Industries of Northern Ca€ifornia.A Division of Sha ell Industries. Inc. ,asPrincipaland
National Fire 15urance Company of Elal tfQrd ,a corporation organized existing under the laws
of the State of CT ,and authorized to transact surety business in California,
as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. p►erformalnee and Guarantee: Two Million Six Hundred Fifty Eight Thousand Eight Hundred Dollars and 001100
Dollars($ 2,658,800.00 )for itself or any city assignee under the above County
Subdivision Agreement,plus
B. payment: One Million Three Hundred Forty Two Thousand Nine Hundred Dollars and 001100
Dollars($ 1,342,900.00 )to secure tl-e clam to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. {:YNDMON:
A. The.Conditionof this obligation as to Section 2.(A) above is such that if the above bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shah in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof.made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Coma Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured l,&reby 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, 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 Found unto the County of Contra Costa and all
contractors, subcontractors, laborers,material man and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials 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 sarne 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 fined by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section.
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on August 14 2002
Shapell Industries of Northern
PMCIPAL'.California,A Division of Shapell Industries, Inc. SURETY- National Fire insurance Company of Hartford
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4
City: Milpitas Zip: 95035 City:Woodland Hilts Zip: 91367
ByF
N art Shaped Print Name M84et F. L,rad`ng 3
Print Name: _ ��,� ... .
President Attorney-in-Fact ` ......
Title: Title;
By:
Print Name and 1'ifle: Margaret eong,yice President /Secretary
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..............................................................................................................................................................................................................................................................
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF REACTING, 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
Margaret Leong,Individual)
of Bever4 Hills, C lftmia
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 mind 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 confirmed.
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 18th day of June 1 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
h
JULY 1,
°v EAI. � y
tag? • i"'" �,
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,as:
On this 18th day of June 1998 ,before me personally came
Marvin J.Cashion,tome known,who,being by me duly sworn,did depose and say:that he resides in theC€ty 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 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.
0
SV
IjOTAXY
PuButr
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
I. Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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 each corporation printed on the
reverse heFecf are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this f'= `' day of
CONTINENTAL CASUALTY COMPANY
vtiSUlt � NATIONAL FIDE INSURANCE COMPANY OF HARTFORD
* � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEALlUl3t,
eat 8
Carat W +
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1197)
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 attomays4ri-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 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 W—Execution of Obligations and Appointment of Attorney4n-Fact
Section 2,Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-€n-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 pourer 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 17th day of February, 9993.
"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 aged 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 tirne
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 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 17th day of February,1993.
"RESOLVED:That the signature of the President,an Executive Vice Pres€dent 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 o! Las Angeles
On - t "r' - beton me, _
Date NAME. TITLE OF OFr=ICEA.,�-JANE DOE.NOTARY PUBLIC'
personally appeared (Margaret F. Leong
NAME(S)OF SIGNER(S)
(,A—) personally known to me —OR — (.,._..) proved to me on the basis of satisfactory evidence to be
the person(yo whose name(a) iSNM subscribed to the within instrument and acknowledged to me that
MlshslVxayCexecuted the same in I +(herllt authorized capacity(W, and that byXsWher1tf`2t
signature($) on the instrument the person(A), or the entity upon behalf of which the person(} acted,
executed the instrument.
WITNESS.my hand and oo:.�al seal.
:f a SIGNATURE OF NOTARY
,a
r
OPTIONAL
.y,�,vfx�C•S'•y.•,,�sa y'!''vvrr,, ,Y;`b ;'�at?a:'r l _ '.?s
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
(�}
ATTORNEY-IN-PACT
NUMBER OF PAGES
( �}
TRUSTEE(S)
(�) GUARDIANICONSERVATOR
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY( ES)
rational !"ire Insurance Company
of a or
SIGNER(S) OTHER THAN NAMED AEOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Los Angeles ss.
Y
Au ust 14 2002 before me, Pellantf Notary
PublicOn Data
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
r�.
personally appeared Nathan Sha pl l and Maraar t ( Pang
Names at Signers)
yi
[*Personally known to me �
❑ proved to me on the basis of satisfactory
evidence
`
'°2 to be the person(s) whose name(s) mare
as; subscribed to the within instrument and X,
acknowledged to me that#e/ they executed
the same in their authorized
capacity(ies), and that by -ic�sdltheir
£:* Kwx signature(s) on the instrument the person(s), or
a the entity upon behalf of which the persons)
t _ acted, executed the instrument. .
WITNES_,S-my hand and
r .
>`� .,�.,za,,at'.�yw'-,� rte.;:,r „_;�".rx„�'s•.•:'``3�k ; ,+d F'�r-'f�-g..� tai'
Signature of Notary Public `
OPTIONAL '
R Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
`J fraudulent rernoval and reattachment of this form to another document.
Description of Attached Document
?; Title or Type of Document:
Document Late: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual "thumb
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited General
❑ Attorney-in-Fact
❑ Trustee
Cl Guardian or Conservator
❑ Other:
Signer is Representing: i
C 9999 National Notary Association+9350 Da Soto Ave.,P.O.Box 2402+Chatsworth,CA 91313-2402+www.natioralnotary.org Prod.No.5907 Reorder:Call Toli-Free 1-800-870-6827