HomeMy WebLinkAboutMINUTES - 11302004 - C.9 k
TO: BOARD OF SUPERVISORS r J
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Approving the Subdivision(Ri .ht-of-Way Landsca in A Bement for DA 03-00032.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA'T'ION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 600 for DA 03-00032 (cross-reference Subdivision 8508), approving the
Subdivision Agreement (Right-of--Way Landscaping) for Windemere Phase III Mitigation Creeks A &K, being
developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
DA 03-00033 has been reviewed and processed by Public Work's staff and meets all applicable Conditions of
Approval regarding landscape improvements.
CONSEQUENCES OF NEGAT'IV'E ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved and landscape improvements will not
be completed.
Continued on Attachment:— SIGNATURE4-
-RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
L-AlvPROVE L
f ?A
SIGNATURE S s`'
ACTION OF BO D ON AMBER'Q, 2()()4 APPROVED As RECOMMENDED x-
OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS minutes of the Board of Supervisors on the
xx UNANIMOUS{ABSENT NONE ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMER 30, 2004
G:1Grpl7ata\l~.ngSvc\Bq\2004\t 1-3x•04\DA 03-00032 grder.doc JOHN SWEETEN, Clerk of the Board of
orig.Div: Public wore(BS) Supervisors and County Administrator
Contact: Teri Ric(313-236:1)
cc: Pubic Works - T.Belt,Construction
-
J.Ysmael,Engineering Services
T—September 30,2005
Windomere BLS Land Company,L.L.C.
Brian Olin p y
3130 Crow Canyon Place,#310 By ,Deputy
San Ramon,CA 94583
The Continental Insurance Company
P.O.Box 946640
Maitland,FL 32794-6640
Attn:Patricia H.Brebner
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004 by the fallowing vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/500
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Phase III Mitigation. Creeks A & K, DA 03-0003.2 (cross-reference Subdivision
8508) 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 Windemere
Phase III Mitigation Creeks A & K, DA 03-00032 (cross-reference Subdivision 8508) located in
the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land
Company, L.L.C., 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 creek landscape restoration
improvements.
LT:rm I hereby certify that this is a true and correct copy of an
Originator:
Works
a\l 1-30-041DA 03-0003 Bo-16.doc action taken and entered on the minutes of the Board of
C7riginator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
J.'Ysmael,Engineering Services
Current Planning,Community Development ATTESTED: NOVEMBER 30, 2004
T—September 30,2005(PI)
Windemere BLC Lana Company,L.L.C. JOHN SWEE'T'EN,Clerk of the Board of Supervisors and
Tian Olin
County Administrator
3130 Crow Canyon Place,#320
San Ramon,CA 94583
The Continental Insurance Company
P.O.Box 946640
Maitland,FL 32794-6640 BY , Deputy
Attn:Patricia H.Brebner
RESOLUTION NO.2004/ 600
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Phase III Mitigation Creeks A & K, DA 03-00032 (crass-reference Subdivision
8508) being developed by Windemere BLC Land Company, L.L.C., San Ramon
(Dougherty Valley) area. (District 111)
DATE: November 30, 2004
PAGE: 2
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
1. Cash Deposit
Deposit Amount: $1,490.00
Deposit made by: Windemere BLC Land Company, L.L.C.
Auditor's Deposit Permit No. and Date: 431272 September 15, 2004
II. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 341270 September 7, 2004
Performance Amount: $147,710.00
Labor&Materials Amount: $74,600.00
Principal: Windemere BLC Land Company, L.L.C.
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. 20041000
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463)
Subdivision: DA 0032 (Cross-Ref SUB 8508) Effective Date:
Subdivider: 10#9 ' 2QT ---C. Z.4C m letion Period: 1 year
WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES AGREEMENT HERETO: a California limited liability Company
By:LEN-OBS Windemere,LLC
CONTRA COSTA COUNTY A Delaware limited liability company
Managing Member
Maurice M. Shiu,Public Warks Director By:Lennar Homes of California,Inc.,
Managing Member
By: (signature)
(print name&title) Don Larson,Vice President
RECOMMENDED FOR APPROVAL:
By: (signature)
Engineering Services is' n (print name title)Darleen Carpen r,Asst.Secretary
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"Coon "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 periodfrom 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 Ordinance Code, provide as security to the County:
A. For Performance and Guarantee: $ 1,490.00 cash,plus additional security,in the amount of
$ 147 710.00 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 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$ 74,600.00 —,which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.406 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in
accordance with Article 96-4.6, "Acceptance", of the Ordinance Code. Subdivider agrees to correct, repair, or replace; at his expense, any
defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement.
Said plant establishment worksha€l 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 pans 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 pans 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 thework or any partthereof complies with the requirements of this Agreement,oracceptance ofthe
whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of
his obligation to fulfill this agreement as prescribed; nor shall the County be thereby be stopped from bringing any action for damages arising
from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive
boards, commissions, officers, agents, and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened
because of actions defined below,and including personal in;ury,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 bythis
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 Wilful misconduct of any
Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required
thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the 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 fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,
and Subdivider agrees to pay all costs and charges incurred by the County(including, but not limited to: engineering, inspection, surveys,
contract, overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even i
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,
Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider
subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit, bond,or letter of
credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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GAGrpDa:a%ENSvc\FormslAG wORMAG-30A.doc
Rev.May 18,2001
.........................................................................................................................................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
4 State of California
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County of
On 4 ``#c before me, '��
?' Bate Name and Title of Officer(e.g Jane'Doe,Notary Public")
personally appeared
Name(s)of Signer(s)
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proved to me on the basis of satisfactory
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to be the person(s) whose name(s)i4/are
subscribed to the within instrument and
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WITNESS*"my hand anal offiCia�seal.
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OPTIONAL
1,7ou h the information below is not required b taw,i.ma rove valuable to persons relying on the document and could prevent
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fraudulent removal and reattachment of this form to another document. 1
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
i
❑ Individual Top of thumb here ;
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' L] Corporate Officer—TiVe(s):
❑ Partner—❑ Limited E.General
❑ Attorney-in-Fact
❑ Trustee
L_1 Guardian or Conservator
❑ Other:
Signer Is Representing: k
0 1599 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
COUNTY#F CCNTRA CO.M;:
DEPOSIT PERMIT:f
OFFICE>O!`COUNTY MAXTOR-CONTROLLER
TC1: HE tRirASURER MARTINEZ,CALII<)RNIA•
RECEIYEWROM
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The amount-of money,described above is for Treosurer's r ipt of above amount is approved. Receipt of above amount is hereby,
depositmta tiie County Teasury' acknowledged,
Signed. Z "
Tine ; 1 EXT �' �; DepLtIc,CYounty ktxtiirsr Deputy Gount^y Tm6surer
D-34RMj7( 93j. 1(. '� _�
819800-0800: G1139839 $5..860.00 DG 0012, Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Craw Canyon PI, ##310, San Ramon,
CA 94583
819800-0800: G1139841,$3.560.00, DG 0033, , Performance Cash Bond;
Windemere BLC Land Company LLC, 3130 Crow Canyon PI, ##310, San Ramon,
CA 94583
8198000800: G1139844, $25,700.00, Sub 8776, Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Crow Canyon PI, #310, San Ramon,
CA 94583
.90: 319848, $1ti, 7G C32, , Performance Cash Bor►d .
t r BLC.Lairdompny LLC, 3130 Craw Cnyanl, # 10, Sin Rdtnc�rt
A 94533
Subdivision: DA 32 ,Cross-R.e# 0 8508)
Bond No.. 923 341 270
Premium: $739.00
Executed in Duplicate
IMPROVEMENT SECURITY BOND
FOR PUBLIC MIGHT OF WAY LANDSWE AGREEMENT
(Performance, Craardntee, and Payment)
(California Govemment Code Sections 66462. and 66463)
Rgctxat.of uMnMS.1aNAQaUDaNT: 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 DA 0032
ros -R eg__ as speaed in the Subdivision Agreemem m (Right of Way Landscaping), and to
complete said work within the time spccifird for complction 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. Q.au.rrxa.TION: "Wixtdemere RLC Land Corn an L L.0 ,as Principal,and
The Continental Insurance Ccrm anyy a corporaTion organized odsting under the laws
of the State of New l m shire .
.and authorized to transact surety business to 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- Performance and Guarantee: G e Hundred Forty SevenT arts nd eve Hundred and
QgL 00 Dollars (S `l!Lx?l p 00 ) for itself or any city assignee under the: above County
Subdivision Agreement,plus
B. Payment: every four Th 14sand SLx-Hgndred nd 001100Dollars
(S 74,,600.00 ) to secure the claims to which reference is made in Title XV (commencing
with Section 3082) ofPan 4 of Division IIS of the Civil Code of the State of California.
3. CoMDULOd:
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 in all things stand to and abide
by, and well and truly keep and perfonn the covenants, conditions and provisions in the said
agreement and any alteration thereof"made as therein provided, on is or its past, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore„there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs
and included in any judgement rendered.
E. The condition of this obligation as to Section 2.(l;) 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 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 band, 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 band 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 R of Division 3 ofthe 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 ofthis bond he 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.
SIiGN*ED AND SEALED on September 7, 2004
pMCIPAL: Windemere BL.0 Land Company, LLC SURETY" The Continental Insurance Company
Address. Address` P.O. Box 946640
City. Zip. City: Maid d FL-Zip: 1272
By. See attached signature gage By:
Print Name: Print Name: Patricia x. Bre ner
Title: Title' Attorney-in-Pact
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t+PW31�'tt3n�XaTAticpDarx�rg3�z�orrn+SNf w�il2lhE'*t.s?h.acc
WINDEMERE 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,INC.,a California Corporation,its Managing Member
f
David Evans, Vice Pr ident
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of grange
On Member S, 2004 before me, Dina Printy, 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.
„
s y r ^1.., hlEG CC1f ;>tC
Ml Comm'.Up"
e;
OPTIONAL
'hough 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. 929 341 270
Number of Pages: Three (3)
Date of Document: September.7, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A iOWLEDGMENT No.5907
State of California
County of Orange
On September 7 200 before me, Ashley K. Ward,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE[TOE,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/her/their
signature(s) on the instrument the person(s), or the entity upon
A S H L I�'K.1W
behalf behalf of which the person(s) acted, executed the instrument.
commission# 1483685
$� Nofar�Public-California
Orange County
My Comm.Expires Apr 1b,2008 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{S} TITLE OR TYKE OF DOCUMENT
❑ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT H
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER.THAN NAMED ABOVE
S-4067/GEEF 2196 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave,,P.O.Box 7184.Canoga Park,CA 91309-7184
POWER OF ATTOKFoEY APPOINTING INDIVIDUAL AT:,JRNEY-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 duty 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
Mike Parizino,Linda Enright, Rhonda C.Abel,James A. Schaller,Jane Kepner,Nanette Marle€la-M ers,Patricia H.
Brebner,Alexis H.Bryan, Leigh McDonough,Individually
of Irvine,California -
their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
---In Unlimited Amounts-�
and to bind there 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 can this 2nd day of April,2002.
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
Michael.Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 2nd day of April,2002,before me personally came 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 same to be the act and deed of said corporations.
4OFFICIAL 5EAL"
DIANE FAULKNER
Notory Public,Stole of Illinois
I'My'Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,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 i have hereunto subscribed my name and affixed the seal of the said corporations this 7th. day of
September 20104
ANy
,•' � ••, ..o�
�� •` '� The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
;;c t ata
Mary A.R€bikawskis Assistant Secretary
(Rev. 10/11/01)
s
AuL;:prizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Pourer 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 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."
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 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 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."
s
a
In accordance with the Torrorism Risk Insurance Acct of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or-ap ore of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on Certain insurance policies written by any one
or More,of the1ollowing companies (Oollectivelythe "Writing Companies") as surety
or insurer. 'C o tern Suety Company, Universal Surety of America, Surety Bonding
Company c l`Arz arice,, Continental Casualty Company, T4 tional Insurance
Company of Dartford,A rican asualty Company of'R.eading, PA, The Fireamen`e
:insurance Company of Newark, IBJ, and The Continental Insurance Company.
DMI eARK11M
The premium attributable to coverage for terrorist acts cer"i+sd under the Act was
Zero Doll ($0.00),
The United States will pay ninety percent(90%) of covered terrorism losses exceeding
the applicable suretylinsurer deductible.