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HomeMy WebLinkAboutMINUTES - 02012005 - 2005 RES 72 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 8, 2005,by the following vote: AYES: SUPERVISORS OIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKRdA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 20051 72 SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020(cross-reference Subdivision 7984),being developed by Shapell Industries of Northern California, a division of Shapell Industries,Inc.,San Ramon(Dougherty Valley)area.(District III) The following document was presented for Board approval this date for DA 03-00020 (cross- reference Subdivision 7984), property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Shapell Industries ofNorthern California,a division of Shapell Industries,Inc.,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 shown. Originator:Public Works(:M) SO M. Teri Rte(313-2363) ATTESTED: FEBRUARY 08, 2005 G:\GtpData�EngSw\BO\2005\02-08\DA 05-00020 BO-20.doc cc: Pubic Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County T—November 18,2005 Administrator Shapell Industries of Northern California Attn:S.Savage,S.Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire insurance Company of Hartford Attn:Pamela L.Stocks By ,Deputy 5820 Canoga Ave.,Ste 200 Woodland mills,CA 91367 RESOLUTION NO.2005/ 72 SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020(cross- reference Subdivision 7984),being developed by Shapell Industries of Northern California, a division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) DATE: February 8, 2005 PAGE: 2 I. Cash Bond. Performance Amount: $9,600.00 Auditor's Deposit Permit No. DP409511 Date: July 29, 2003 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National.Fire Insurance Company of Hartford Bond Number and Date: 929270266 November 30, 2004 Performance Amount: $951,000.00 Labor &Materials Amount: $480,300.00 Principal: Shapell Industries of Northern California a division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2005/72 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR .DATE: February 8, 2005 SUBJECT: Approving the Drainage Improvement Agreement for DA 03-00020 (cross-reference Subdivision 7984),being developed by Shapell Industries of Northern California, a division of Shapell Industries, Inc., San Ramon LDougherty Valle area.. District SPECIFIC;REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND ANLi JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ _72 for DA 03-00020(cross-reference Subdivision.7984),approving the Drainage Improvement Agreement, for project being developed by Shapell Industries of Northern California, a division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (.District III) FISCAL IMPACT: None. BACKGROUND►IREASON(S) FOR.RECOMMENDATION(S): Drainage Acceptance 03-00020 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Agreement will not be approved and improvements will not be completed. Continued on Attachment: SIGNATURE: „RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -APPROVE TITER t LIGNATURE S : C��—' 4��' ACTION OF BOW ON FF ItITARY �} 20.05 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 xx UNANIMOUS(ABSENT NONE date shown.) AYES:_NOES:_ ABSENT: ABSTAIN: ATTESTED: FEBRUARY 08, 2005 JOHN SWEETEN, Clerk of the Board of Origiastor:Punic Warns(ES) Supervisors and County Administrator Contact: Teri Ric(313-2363) SQnn 0:\GtpData\EngSvc\BO\2005\02.08\13A 03.00020 B0-20.doc 6c: Pubic Works- T.Bell,Construction T-November 18,2005 Shapell Industries of Northern California By _ - , Deputy Attn:S.Savage,S.Worden 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire Insurance ConVany of Hartford Attn:Pamela L.Stocks 5820 Canoga Ave.,Ste 200 Woodland Dills,CA 91367 DRAINAACsE IMPROVEMENT AGREEMENT j Subdivision: DA 0 _(ctoss-reference Subdivision 7984) Effective gate: Developer: ShaRell Indus 'es of Northern California, Completion period: 1 year a Division of Shapell Industries,Inc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTACOUNTYDEVELOPER Maurice M.Shin,Public Works Director Shapell Industries of Northern California, a Division of Shapell Industries,Inc. By: _ (sianatae) 7 RECOMMENDED FCO APPRO�1 AI (Pmt N eta ;tlJ) C\k BY. (SSguature) Pm Engineering Sc s Di ' io (Print N me m d �� .f.\V\1'e- t t� t FORMM,6PPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures 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"Conn ,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.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. IMPROVEMENT SECURITY,Upon executing this Agreement,the Developer shall provide as security to the County: A. For PerfoMa;}ce,and Guarantee: $2&000,cash,plus additional security,in the amount of$2U.,QO0 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 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 Pavment: Security in the amount of$480-300,which is fifty percent(50%)of the estimated cost of the work.Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the(Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the(Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(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. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period, said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special district, elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any 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. E. 1. Shapell Industries,Inc.("Shapell")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims, costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of ShapeIl's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between Shapell and Windemere BLC Land Company LLC ( "BLC")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by BLC against County or District in connection with any act,approval or other requirement of County or District in connection with Shapell's activities under the aforementioned Supplement to Cooperation Agreement. 2. Shapell's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that Shapell shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of Shapell contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 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 the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. 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 under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOU. SG: G:\GrpD=T_-ngSv&Siava\Gale Ranch\DA 0020-Lower West Branch\DA 0020 Drainage Agreement(AG-17).doc Rev.April 6.2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ` of ` _ -�fz` � ss. County On ��` 1 before me, N\..0�_ 5.>�5 D& 6 Name and Tills afilt7fitaar(s,g.,'Jane[)ne,Notary F'ub71a") personally appeared t + ti i.� S t/ L C,T Yr-1 Natne(a)of signaryay �onally known to me El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),4s'are subscribed to the within instrument and acknowledged to me that�lthey executed .�.i.r�. the same in WeA4efltheir authorized JANICE t KRUSE Commtssion# 131869 capacity(ies), and that by hWs t t°lthelr Notary Public-CoUlafnio signature(s)on the instrument the person(s), or Santa Clam Count' the entity upon behalf of which the person(s) WCOM.60MALQ24.2W4acted, executed the instrument. i W FSS my hand ando ' 'al seal. signature of Notary Publk �f� 1 0 NAL Though the information below is not required bylaw,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document It V� ��1 t Document Date: Number of Pages: - Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: l ❑ Individual _ ( Top o!thumb here �.� rporate Officer—Title(s): i ❑ Partner--❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee C Guardian or Conservator ❑ Other: { Signer Is Representir �� _t 01989 National Notary Association"9360 Do baa A"..P.b.sax 2402•Chataworth,CA 91313.2402+www.nationainotary.org` Prod.No.5007 £ieordar Call Toti•Fres 1.906.875-8827 ukru5#T PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ' MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER � r 1 (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB` TASK OPTION ACTIVITY AMOUNT ACCT. 1701 ( ( , aq ;, o 7 LIZ /I I i EXP ANAT ON: _ '! TOTAL $ ` f r rj :1 �!— ` ( DEPOSIT f✓ �+ r.J �., w Deposit consists of the following items `l(-'r T .f l l 'f,1 / I ' r� COIN and CURRENCY CHECKS,M.O.,ETC. $ �_i BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY ! DEPOSIT PERMIT D NUMBER DATE 409-51-1 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby _deposit into the County Treasury. I acknowledged, Sign � Date 1 i' �}, .,2 // Signed: � Signed: Tit . rr l / �y L114*T. �5 7 Dep aunty Auditor Deputy County Treasurer D-34 REV.(7-93) 0649-9665 ! 8310000: G1120654, Sub 7609, John D, Curtis, 1235 Escobar St. Martinez, CA 94553 $19,640.00, Improvement Plan Checking Deposit $1,675.00, Map Check Deposit 0649-9665 / 8310000: 01120655, $2,750.00, Sub 8688, Final Map Review, Shapell Industries of No. CA, 100 N. Milpitas Blvd, P© Box 361169, Milpitas, CA 95035 0649-9665 / 8310004: G112O656, $7010.00, RA 1083,828 Inspection Deposit, Shapell Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95035 0649-9665 / 8310000: 01120657, $1,625.00, Sub 8683, Final Map, Shapell Industries of No. CA, 100 N. Milpitas Blvd, P© Box 361169, Milpitas, CA 95035 4649-9665 / 8310000: 01120660, DA20, Shapell Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95035 $46,700,. Inspection Deposit $5.0100.00, Plan Check Deposit 0649-9665 / 8310000: G112O661, $350.001, Permit # SR000001O, Shames Construction Co., LTD, 5826 Btia St., Suite E, Livermore, CA 945550 0649-9665 / 8310000: G112O663,$2,92O.76, Drainage Improvement Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 83101000: 61120662, $700.010, Inspection Trust, Shapell Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95035 819800-0800: G112O66O, $9,600.00, DA 20 Cash Band, Shapell Industries of No. CA, 100 N. Milpitas Blvd, PO Box 361169, Milpitas, CA 95035 COUNTY , CONTRA COSTA - GENERA RECEIPT THIS CORY IS 1 2 " ^ } 60 DEPT. y 20GQ NOT A RECEIPT a`. DOLLARS FOR ;�''`�' r ?;t .�`r' ,•F'fi, �� f�.,�f��,�'" =-,�.i+�r�i r' ,,;`j ,�.., ,,�-.� i. :,y -�-, '..'�.. r:�.. ���'`"ji — `:y. ,tai ��_ �W dP, .'�;t�'!,.r 4"`�y"t�' kdr`.',`,/+°ri "�,�r�"';.-x3 r J -"�.f�'_'i ;7^ 7 N' °j ^.,••, a.-.,r"1 Ff CACCP. ASH F B BAL, RECEIVED FROMr!c/% I AMS r� r CHECK rr 9i I ''AID �7:' to k3 •r .',. MONEY BAL. Al '.3 ORDER i DUE By: (D57,REV.7/89) lk -^"" �— Development No: DA-0020 (doss-ref SUB 7984) Effective Date of Bond is 7/21/03 Band: 929270266 Premium, $7,183.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance,AND labor and materials) Shapell Industries of Northern California, A Division of 1. OBLIGATION: Sha. ell Industtries Inc a De (Principal), as Principal, and National Fire Insurance Car._pap of Hartford a corporation organized and existing under the laws of the State of cl and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves,our heirs, executers, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance:Nine 'dundred Fifty_ One Thousand Dollars No/100 ($951,000.00** ) for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor&Materials: Four hundred Eighty Thousand Three hundred Dollars No/100 ($480,300.00** } for the benefit of persons protected under Title 15 § et seq. of the California Civil Mode. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA-0020 (cross-ref Subdivision 7984) , as specified in the Drainage Improvements Agreement, and to 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 DA-0020 (cross-ref Subdivision 7984 3. CONDITION: If the 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 liens,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 bond; 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 attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDITION: 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 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 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. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in fne 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 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 November 30 2004 Shanell Industries of Northern. California ati sre ns�srance PRINCIPAL , Inc.SURFr Y _ �xnn un ti: e aware Corp.By By ; Of 1;0—V Parne_a -1 , Stocks, Attorney-In-Fac: Address 100 N iters Blvd. Milpitas, CA 95035,ddress 582o ` , -rte s. � � P 0 :mW j,r { �f�sn t fa►�y Woodland IL,!is, CA 91367 G:\GrpData\EngSvc: aac Rev.November 30, k ................ .............................................................__ ......................................................................._...._............................... ......... ................................................... __ _.... _ __ State of Califomia County of Los Angeles On November 30' before me.2004 Sandy Hanner- Notary Public , Oat* NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PttSU personally appeared Pamela L. Stocks NAME(S)OF stGNER(S) (x} personally known to me-OR-( -) proved to me on the basis of satisfactory evidence to be the person(l) whose name{iQ is/arae subscribed to the within instrument and acknowledged to me that Flshs/thy+ executed the same in kWherl#*r authorized capacity{l", and that by XWher/thiW signature{i$ on the instrument the person{o, or the entity upon behalf of which the person(b) acted, executed the instrument. 4-00 SANDY HANNFR WITNESS y hand pend o i seal. r commission*1382,157 ` Notary Public-Ceiifomis x Los Angeias County SIGNAi AS OF NOTARY My comm.Expires Jul 2,20M 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 TYPE OF DOCUMENT {... } PARTNER(S) {�,.) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-(N-FACT TRUSTEE(S) {._ } GUARDIAN/CONSERVATOR (_ ) OTHER DATE O) DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S} OR ENTITY(IES) _Natie nna_I_pire ln suranrP {'�otnp3w of Hartfort SIGNER(S) OTHER THAN NAMED ABOVE Q-107426.8 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 Hanford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"}, are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 16th day of April,2004. G0trsup� �, Continental Casualty Company National Fire Insurance Company of Hartford ;a American Casualty Company of Reading,Pennsylvania SM+ JULY 31, isM tear ` • Michael Gengler Se9lr Vice President State of Illinois,County of Cook,ss: On this 16th day of April,2004,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 IIlinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so axed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL EL1ZA PRICE aorArtv Puouc,rrAvS of twaoro M1 fS0Y1NiPIbM MR :"M7144 My Commission Expires September 17,2006 Eliza Price Q Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 30th day of November ,2004 - maty Continental Casualty Company National Fire Insurance Company of Hartford aORi►T �wGarEti American Casualty Company of Reading,Pennsylvania a JiitY it �c> SEAL W 1891 � �� � � Mary A. ika kis Assistant Secretary Form F6853-11/2001 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 Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 176 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 DX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any 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 17a'day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shat: 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 aii power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`"day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." _......................................................................................... . . w/'✓/Wv'\.W/\n/i"WFVV/v'w/vWV/V�.ln/W�.'✓\Nv'V � \n/v^./✓V✓\I 1� �✓✓f�.:n//✓VVVW- v'v-'vU'✓V�WW\/�VMn✓WWWVV'��n. vVV y -.n... �/.'Nvi'.'wN/VVN/\//V..�i.�wn Mn!-..^./N.. ,\, /'✓ ✓.%\ni.' -/'.N.� - ;'./„ r ,✓/V.n/.^N✓\/N/.i/yWWv�V/wVViNV'�^-n✓WV✓v\� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara Can December 2,2004,before me, Janice T. Kruse,Notary Public personally appeared, J.C. Truebridge&Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons,or the entity upon behalf of which the persons acted, executed the instrument. .iANiCE f KRU5E ! Commission# 1318697 l ITN SS my hand and official seal. S -�, Notary Public-California Santa Clara CountyMY COMM, PONPWWPOOW Aug ,gat» Signature of Notary Public Optional Information �s z Title or Type of Document: Improvement Bond DA-0020 Tract 7984 � y Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of < Shanell Industries, Inc. >S > S, S S/