HomeMy WebLinkAboutMINUTES - 11302004 - C.11 TO: BOARD OF SUPERVISORS
FROM. MAURICE M. SHIM*, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Approving the Drainage Improvement Agreement,DA 04-00040.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 602 for Drainage Improvement Agreement DA 04-00040 (cross-reference
Subdivision 8510), approving the Drainage Improvement Agreement for Storm Drain Outfall,being developed by
Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION:
Drainage Improvement Agreement DA 04-00040 has been reviewed and processed by Public Work's staff and meets
all applicable Conditions of Approval regarding drainage improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement will not be approved and drainage improvements will not be completed.
Continued on Attachment: SIGNATURE:
COMMENDATION OF COUNT'ADMINISTRXTOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE.S : -:;.-� •��'�- '`;
ACTION OF BOAR16 ON NOVEMERJO, APPROVED AS RECOMMENDED XX OTHER
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 on the
VOTE OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT NONE
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30, 2004
G'\GrpData\EngSvs,B0\20041t 1-02-04113A 04-00040 Order.doo JOHN SWEETEN, Clerk of the Board of
Orig.Div: Public Works(ES) Supervisors and County Administrator
Contact: Teri Ric(313-2363)
cc: Pubic Works- T.Bell,Construction
- J.Ysn acl,Engineering Services
T—September 30,2005
Windemere BLC Land Company,L.L.C.
Brian Olin
3130 Crow Canyon Place,#310 By > Deputy
San Ramon,CA 94583
The Continental Insurance Company
P.O.Box 946640
Maitland,FL 32794-6640
Attn:Pauicia 14.Brebner
TIKE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/602
SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 04-
00040 (cross-reference Subdivision 8510), being developed by Windemere BLC
Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Storm Drain Outfall
DA 04-00040 (cross-reference Subdivision 8510), property located in the San Ramon(Dougherty
Valley) area, Supervisorial District III.
A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within one year from the date of said agreement.Improvements generally
consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
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 on the date
Originazar.Public Works(ES) shown.
Contact: Teri Rie(313-2363)
Mon.
G:\GpData\Eng5vc\H0\2004\11-30.04\DA 04-00040 80-20.doc ATTESTED: I�TOVEMt31 .,30, 2004
cc: Pubic Works- T.Bell,Construction
J.Ysmael,Engiueeriug services JOHN SWEETEN, Clerk of the Board of Supervisors and Count
T—September 30,2005 l� y
Windemere BLC Land Company,L.L.C. Administrator
Brian Olui
3130 Crow Canyon Place,#310
San Ramon,CA 94583
The Continental Insurance Company
P.O.Box 946640
E+
Maitland,FL 32794-6640 By 't >Deputy
Attn: Patricia H.Brebner
RESOLUTION NO.2004/602
SUBJECT: Approve the Drainage Improvement Agreement for Storm Drain Outfall DA 04-
00040 (cross-reference Subdivision 8510), being developed by Windemere BLC
Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
DATE: November 30, 2004
PAGE: 2
I. Cash Band
Performance Amount: $2,030.00
Auditor's Deposit Permit No. 431272 Date: September 15, 2004
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
Il. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 341 268 Date: September 7, 2004
Performance Amount: $200,970.00
Labor&Materials Amount: $101,500.00
Principal: Windemere BLC Land Company, L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/602
rt
4
DRAIN 14--ROVBhffi�lAGREEMENT
Subdivision: DA 0040 (Cross-Reference SU 88510) Effective Date:
Developer: Windamere BLC Land Company L.L.C. _ -- Completion.Period: 1 year
WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company
By:LEN-OBS Windetnere,LLC
A Delaware limited liability company
CONTRA COSTA COUNTY DYER Managing Member
Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc.,
Managing Member
AM
df�
By. (signature)
RECC7EvZM 1IDED F APPROVAL (print name&tit e) Don Larson,Vice President
By: f (signature)
ivision (print name4tile) arleen Carpenter,AAst.Secretary
Engineering tfice
FORM AF°PI O_-D: Victor J.Westman,County Counsel
(NOTE: All signatures to be aclmowledged.If Dvvelopar is incorporated,siSnetares must
conform with the designated representative groups pursuant to Corporations Codes313.)
I. PARTIES&DATE Effective on the above date,the County of Contra Costa,California,hereinafter called "C un "and the above-named
Develotrer,mutually promise and agree as follows concerning this acceptance:
2. 1MI'ROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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).
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. ROVEM_NT SF-CURITY.Upori executing this Agreement,the Developer shall provide as security to the County:
A. For Ferfo anm ce and Guarantee: S 2 030.t?0 cash,plus additional security,in the amount of S 200..970.00
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of-
Cash,
fCash,certified check,or cashier's 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 I'ayment: Security in the amount of S 101-500.00 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
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 orfurnishing laboror
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 of
the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code,
4. GUARANTEE ANI)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(1)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.
5. J_NTROVEMEN i 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 ofApproval 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.
6. NO WAVER BY COL2tTY. Inspection of'lie 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.
7. I MENIENITY. Developer shall defend,hold harmless and indemnify die indemnities 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 orthreatened because ofac,ions
defined below,and including personal injury,death,property damage,inverse condemnation,or any combination ofthese,and regardless ofwhetheror notsuch
I
iability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as corrxpiete,and including the
defense of any suit(s),actions)or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability arc any act or omission(negligent or non-negligent)in connection with the matters covered bythisAgreement
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 indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. 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.
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 proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining thework,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,
IQ. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to
that city the County s rights tinder this Agreement and/or any deposit,bond or letter of credit securing said rights.
RL:kw
\1Pws41sHA=A7I AQrpData\Engsvc\Fams AG woRDAG-t 7 doc
Rev.Apri16,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
?
State of California
ss. ?
County of
On before me, _)L '
�a
Dae r Name and Title of Officer(e.g.,`Jane Doe,Notary Public') Y'
personally appeared p"
h Namo(s)of Slgner(s)
personally known to me
I proved to me on the basis of satisfactory
evidence
�.
to be the person(s) whose name(s) -is/are
KA SEN :. KEENA
subscribed to the within instrument and r
g � CQUr fission# 1-478827 acknowledged to me that h@44e/they executed
i
Notary Public C�liforr a b the same in hi,f ./their authorized
y ° 1 Contra Castes County capadity(ies), and that by hiahrer/their
.�- v Cori Exire;Cct7.2C6 signature(s) on the instrument the person(s), or
tt� _ _ y the entity upon behalf of which the person(s)
acted, executed the instrument
WITN�Sjmy hand and,offiipiaYseai.
Signature of Nplary Pubec ---------
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
ti fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: _Number of Pages:
ms`s
Signer(s)Cather Than Named Above:
Capacity(ies) Claimed by Signer
Signers Name: l
❑ Individual Top of thumb here
F] Corporate Officer—Title(s):
❑ Partner—❑ Limited :_j General
Ll Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®1999 Na±ions;Notary Association+9350 Ce Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•ww v nationalnotary.org Prod.No.5907 Reorder:Cali Toll-Free 1-800-875-6827
COUNTY OF CONTRA COSTA:
DEPOST"PE1EMM
OFFICE.O OUNTY AUDITC11t-CONTROLLER,
TO THE TREASURM, MAIMNEZ,CAUFORNIA'
RECEIVEDIFRO "
ORGANIZATION NUMBER.
y
{For: '.Cdlachion Pro luri�r ►`County:Acrni tor'a Bulletin 105.)
tSCft1P17C►N FUF�1D/C3 'TASK tC} i AG1iVITY AMC1lJM
�' r y"-�tl 3 t.. r - � •� -s"''' Yom:.
E
4/ 24
r , 4
tt `" ; i
Y i ,
- � t�
f "
} t f
... .. ...... .. i :!
t"
(.
E
f
1 .
EXPLANATION TCITAOR
L.
3
of thefolfawri ttBrftS
CC31Ns�ne�CWRRENCY
r CHECIY IAS C7,t=fC
FOR AUDITOR-COtWTR0lL'ER USE C1MY
DEPOSIT;
PERMIT ,.
NUMBER
WKEw
The amount`of money described above it:for Treasurer s.receipt of above omaunt is approved. Receipt of above arrttrun#it hereby
dosrt into the County Tngasur-y acknowledged."
Signed: :r<< �: ?� ,
EX1 <: . C3eF�+ :C�ouwy�Aus iiar Elapc3ty County Treasurer
DwU REV(7-93),
S3
0649-9665 1831000: 61139831, $32,741 .00, RA 1155, Road Acceptance
Inspection, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA
94520
0649-9665 / 831000: 01139838, $12,635.00, DG0040, Drainage
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130
Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 / 831000: 61139840, $29,870.00, [)G0012, Drainage
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130
Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 / 831000: 01139842, $28,980.00, DG0033andscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130
Crow Canyon Pl, ##310;, San Ramon, CA 94583
0649.9665 / 831000: G1139843, $119,150.00, Sub 8776, Major Sub
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 3130
Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 / 831000: G1139849, $12,440.00, DG 0032, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company LLC, 31301
Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 1 831000: 61139850, $7,000.00, D0 0032, Additional Drainage
Improvement Imspection Deposit, , Windemere BLC Land Company LLC, 3130
Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 / 831000: 61139835, $5,000.00, FCP 626-04, Cash Deposit For
Flood Control Permit, Western Pacific Housing, K-B Home- Southbay Pacific
Communities, 1210 Central Blvd., Brentwood, CA 94513
819800-0800: 61139836, $20,000.00, FCP 626-04,Western Pacific
Housing, D. R. Horton, 1210 Central Blvd., Brentwood, CA 94513
819800 0) 611398'37, B4O30m, D6 00401, Performance Cash Band,
W ndeme BLC::Land Company LLC`, 3130 Crow Canyon<Pl, #31fl, San Ramon,
C:A 94683::;
Development No: D60040 (Cross-Rei'SUB 851QI
Bond. 929 341. 268
Premium: $1,005.06
Executed in Duplicate
IlVIf'ROVl lv= SECURITY BLAND
FOR DRAINAGE WRO V IVIENT AGREEN 1 NT
(faithful performance&. maintenance, AND labor and materials)
l, OBLIGATION— Wlnt=ere BLC Land C,,rn}uyr L.L C ,as Principal,and
The Continental Insurance Company a corporation
organized and existing under the laws of the State of __ - New Hampshire and
organized and existing under the laws of the State of California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, adniinistraators, successors and assigns to the Co%=y of Centra Costa,
California.to pay it;
A Faithful Performance, & Maintenance: Iwo Hundred Tbousand Nine .Plumred Seventy and
40 Dollars (S.___. 0Q,970 00 �for itself or any city-assignee under the below-cited Drainage
Improvement Agreement, plus
B. Labor& Materials: _ One Hundred One Thousand Five Hundred and 001100 Daks
($ 1500 00 l for the benefit of persons protected under Title 15 §et seq, of the California
Civil Code.
2. RECTAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in (S11B 85 10) DA.O040 as specified in the Drainage
Improvements Agreement, and zo complete said work within,the time specified in the Drainage Improvement
Agreement for completion, all in accordance with State and local laws and rulings thereunder in order to
satisfy the conditions of approval for. SUB.-a5 IQ., Wind==,.Phase V
3 'CQNDI'TION:Ifthe principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,then this
obligation as to Section 1-(A)above shall become null and void, except that the guarantee of maintenance
continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons
renting equipment or furnishing labor or materials to them for said work and improvement, and protects the
premises from claims of.such hens,then this obligation as to Section 1-(B)above shall become null and void,
otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this band; and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable
artomey fees fixed by court to be taxed as costs and included in the judgement.
3. CoNDrrz0N-.
A. The Condition of this obligation as to Section 2 (A.)above is such that if the above bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shall it,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 shalt 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 force and effect.
As pan of The obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, 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 tht
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 or labor
Thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County (or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title IS (commencing with Section
3092) of Pan 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
8iven to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section'-7819, and holds itself bound without regard to
and independently of any action against Principal whenever taken.
SIGNED AND SEALED on September 7, 2004
PRINCIPAL Windemere BLC Land Company,__LLC STJRETY he Continenta Insurance, C
I3y See attached signature Rage_ _ _ By
Patricia H. Brebner, Attorney-in--Fact
Address Address P.O. Box 946640, Maitland, FL 32794-6640
M
w
G.1GsutvclFums 8p7 4?RD BN 1d ax
WfNDEMERE BLC LAND COMPANY,LLC,a California limited liability company
By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member
By: LENNAR HOMES OF CALIFORNIA,INCA,a California Corporation,its Managing Member
By:
David Evans, Vice-President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of grange
On September 8, 2004 before me, Dina Prints, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
DINA
-463610
L it
2a,2W7
OPTIONAL.
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 SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 929 841 268
Number of Pages: Three (3)
Gate of Document: September 7 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE AC .. 0WLEDGMENT No.59177
State of California
County of Change
Can September 7 2004 before rite, Ashley K.Ward,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
�,,� , ,,, ,,, his/her/their authorized capacity(ies), and that by his/heritheir
ASHLEY K.WARD� signature(s) on the instrument the person(s), or the entity upon
COMMiss#on#14$3685 behalf of which the person(s) acted, executed the instrument.
'^ } Notary Public-California
Orange County
MY Comm,Expires Apr I b,2408
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
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 OR TYPE OF DOCUMENT w
TITLE(S;
[ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
[� TRUSTEE(S) _
[l GUARDIAN/CONSERVATOR NUMBER OF PAGES
[] OTHER:
SIGNER IS REPRESENTING: MATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184«Canoga Park,CA 91309-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL AT -, RNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's insurance
Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing
corporations having their principal offices In the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals
herein affixed hereby snake,constitute and appoint
Mika Parizino,Linda Enri ht,Rhonda C.Abel,James A.Schaller,Jane Kepner,Nanette Marietta-Myers,Patricia H.
Brebner,Alexis H.S n,Le# h McDanou h,-individually__
Of , Irvine,California
their true and lawful Attorney{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 CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
Michael Gengler Croup Vice President
State of Illinois,County of Cook,ss:
On this 2nd day of April,2002,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 Group Vice President of The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey 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 sage to be the act and deed of said corporations.
tgc�,•h
OOFFICIAL SEAL'
DIANEyP FAUL�CNER
Notary Public,State of Illinois
My Commission Expires 9/17/05 --�
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A. Ribikawskis,Assistant Secretary of The Continental insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark,New Jersey,a New Jersey 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(have hereunto subscribed my name and affixed the seal of the said corporations this 7thday of
September 2004
The Continental Insurance Company
1RORPY $: 'yf
Firemen's Insurance Compapa(nny'of Newark,New Jersey
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11101)
Autnvrizing By-taws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of'them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seat of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Bower of Attorney or certificate bearing such facsimile signatures or facsimile seat
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of there hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
i
In accordance with the Terrorism Risk Insurance Act of 2002, we axe prong this
disdosure notice for bands and certain insurance policies on which one or more of the
Writing Companies identified below is the qty or insurer.
To pari cipals on bonds and: insureds on oertai n insurance policies written by any one
or mox e.of the following companies (collectively,the "Writing Compmuee") as amity
or insurer. Western Shy Comp any, 'Universal Surety of America, Surety Bonding
Company of Adieric a►, Continental. Casualty Company, National Fire Insurance
Company of'Hartford,American Casualty Company o 'Reading, PA;,The Firemen's
dura nn Company of Newark, NJ, and The Continental Insurance Company.
The Premium attributable to coverage frac terrorist acts certified underthe Act was
Zero Dom ($0.00).
OL4811HE DE FEDERAL E&R.11QIEATM IN E&=ENT QE TERROR
`fie Vnitedtater will pay ninety percent (90%) of coveredterrorism losses exceeding
the applicable suretylinsurer deductible.
a