HomeMy WebLinkAboutMINUTES - 12052006 - C.16 --sE_ .L ° Contra
T0: BOARD OF SUPERVISORS '�t=� �-=�`�'
/ Costa
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FROM: MAURICE M. SH , PUBLIC WORKS DIRECTOR of z a
DATE: December 5, 2006 ,
sTACoin County
SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters on
Charbray Street(North),Road Acceptance 06-01222(cross-reference Subdivision 99-08381),being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ for Road Acceptance 06-01222 (cross-reference Subdivision 99-08381),
approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters, for project being
developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.,Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Road Improvement Agreement has been reviewed and processed by Public Works staff and meets all applicable
conditions of approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved.
P
Continued on Attachment:_L,,� SIGNATURE:
_cACECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF B"ARo ON Geri Y OS,, o242-0G APPROVED AS RECOMMENDED OTHER
voT F sup ISORS_ I hereby certify that this is a true and correct
UNANIMOUS 'VaeA» copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
Originator: Public Works(ES)
Contact: T.Ria(313-2363)
LB:vz
G:\EngSvc\90\2006V2-05\60-15 RA 06-1222.doc
cc: Public Warks- Construction ATTESTED: u-e'iw"�y.,' a?.�-v4
Current Planning,Community Development
T-October 5,2008 JOHN CULLEN, Clerk of the Board of
Shapell Homes
100 North Milpitas Blvd Supervisors and County Administrator
Milpitas,CA 95035 - -
Atm:Sam Warden and Jim Gold
National Fire Insurance Company of Hartford `..
2355 E.Camelback Road,Suite 500 - -
Phoenix,AZ 85016 r
Atm:Pamela L.Stocks By , Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 5, 2006 by the following vote:
AYES: Uilkema,Piepbo,Glover and Gioia
NOES: None
VACANT: DISTRICT IV SUPERVISOR DESAULNIER
ABSTAIN: None
RESOLUTION NO. 2006/ 7-69
SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention
Street Filters on Charbray Street (North), Road Acceptance 06-01222 (cross-
reference Subdivision 99-08381),being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., Danville area. (District III)
These improvements are approximately located near Camino Tassajara and Blackhawk Drive.
The following document was presented for Board approval for the Alamo Creek Bioretention
Street Filters,Road Acceptance 06-01222(cross-reference Subdivision 99-08381)property located
in the Danville area, Supervisorial District III.
A Road Improvement Agreement with Shapell Homes,a Division of Shapell Industries,Inc.,
a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required
in said road improvement agreement, within two years from the date of said agreement.
Improvements generally consist of road and drainage improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
Originator: Public Works(ES)
Contact: T.Ric(313-2363) 1 hereby certify that this is a true and correct copy of an action
LB:vz
G\EngSvcTD01006112-05\130-15 RA 06-1222.doc taken and entered on the minutes of the Board of Supervisors
cc: Public Works- Construction
Current Planning,Community Development on the date shown.
T—October 5,2008
Shapell Homes
100 North Milpitas Blvd ATTESTED: Z ig Ot
Milpitas,CA 95035
Atm:San,Worden and Jim Gold JOHN CULLEN, Clerk of the Board of Supervisors and
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Suite 500 County Administrator
Phoenix,AZ 85016
Attn:Pamela L.Stocks
By Deputy
RESOLUTION NO.2006/_
SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention
Street Filters on Charbray Street(North), Road Acceptance 06-01222 (cross-
reference Subdivision 99-08381), being developed by Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corp., Danville area. (District 111)
DATE: December 5, 2006
PAGE: 2
I. Cash Bond
Performance Amount: $1,500.00
Auditor's Deposit Permit No. DP 472597 Date: October 25, 2006
Submitted by: Shapell Homes
Taxpayer identification number: 95-2578030
II, Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929390948 October 17, 2006
Performance Amount: $151,700.00
Labor&Materials Amount: $76,600.00
Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2006/75-F
t t..
ROAD IMPROVEMENT AGREEMENT
t--1 —
Developer: Shaoell Homes.a Division of Shapell Industries. Inc.-a Effective Date:
Delaware Corp.
l/��/ 1 Completion Period: 2 year
Development: RA 06-01222 /� .CiThl" /)
Road: Alamo Creek Bioretention Street Filters Charbray St.(North)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director
By:
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RECOMMENDED FOR APPROVAL
By: Engineering Sery Di lsto (printmme&t ) • -
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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 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Conn ,"and the above-mentioned Develop,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans forthis development as reviewed and on
file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: S 1.500.00 cash,plus additional security,in the amount of S 151.700.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
_Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
_ Acceptable irrevocable letter of credit.
With this security, the Developer guarantees 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 Pa Ment: Security in the amount of S 76 60000 ,which is fifty percent(50%)of the estimated cost of the work Such securityis
presented in the form of.
Cash,certified check,or cashiers check
X_ Acceptable corporate surety bond,
_ Acceptable irrevocable letter of credit.
With this security,the Developer guarantees 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 securities
may be reduced in accordance with 594.4.406 and S94.4.408 of the Ordinance Code,
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
Perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
f S
5. PLANT ESTABLISHMENT WORK. Developer agrees to perforin establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after
the Board of Supervisors accepts the work as complete.
6. 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.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall
the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY:1 Developer,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 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 liabililvare any act oromission(negligent ornon-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 Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or
fails to maintain the work,the County may proceed to complete and/or maintain the work by 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.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
complete and/or maintain the work
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a cityor 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 Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12, CONSIDERATION Inconsideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
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t1PWS4lStLkPDATAtGipDataTE gSvckFor kAG WORDWG-24.doc
Rev.April 6,20W
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 18, 2006, before me, Janice T. Kruse, Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JANICE T.KRUSE WITNESS my hand and official seal.
Commission# 1597428
_m Notary Public-California '� U
Santa Clara County
MY COMM.Expires"24.2009 Signat re of Notary Public
Optional Information
Title or Type of Document: Road Improvement Agreement RA06-01222, Alamo
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shavell Industries, Inc.
0 COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
ani a on
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUNDIORG SUB I TASK OPTION ACTIVITY AMOUNT
ACCT
Sales Tax 100300 0637 $ 700.44
Sale of Prints 004660 9931 REV 6X4475 8,523.00
RA 04-01159 Road Insp Ext 000651 9660 1 16L076B 1 250.00
SD02-08632 Landscape Ext 250.00
SD02-08685 250.00
DA02-00014 Landscape Ext 250.00
SD04-8902 Monument Fee 6LO81D 500.00
Corner Records 4061 6LO88D 10.00
FS 0 400011 Fee for Service 6L83PV 22,700.00
Trust Fund 819800 0800 1 3,900,00
000649 9665 64,800.00
TOTAL $
Eng Svcs; G1 203796-Gl 203836 Void G1203835 DEPOSIT 102,133.44
Deposit consists of the following items
COIN and CURRENCY $ 357.75
CHECKS, M.O., ETC. $ 101,775,69
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE 2 L O(v
ASSIGNED
The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above amount is here6y acknowledged.
deposit into the County Treasury
Signed Date_l_I_
Signed: !_ Signed: {
Title:' , ' EXT. � .t ll Deputy County Auditor Deputy Cmnty Treasurer
D-34 Rev.(7-93)
D i �sISC t
819800-0800: G1203828, $1,500.00, RA 06-01222, Cash Performance
Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035
819800-0800: G1203830, $2,400.00, RA 06-01229, Cash Performance,
Bond, 5hapell Homes, 100 No'rth'Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: 61203829, RA06-01222, Shapell Homes, 100 North
Milpitas Blvd., Milpitas, CA 95035
$10,400.00 Road Improvement Agrmt Inspection Deposit
$5,000.00, Road Acceptance Plan Review
0649-9665 / 112300: G1203831, RA06-01229, Shapell Homes, 100 North
Milpitas Blvd., Milpitas, CA 95035
$14,400.00 Road Improvement Agrmt Inspection
$5,000.00, Road Improvement Plan Review
0649-9665 / 112300: G1203833, $30,000.00, Fee for Service, Lyon Vista
del Mar, 2603 Camino Ramon, Suite 150, San Ramon, CA 94583-4289
-,.-7 - -
Bond No.: 929 390 948 _`
Development: RA 06-01222 C _
Premium: $1,138.00
Alamo Creek ""✓
IMPROVEMENT STCURI'TY BOND Bio-Retention Street Filters
FOR ROAD IMPROVEMENT AGREEMENT Charbray St(North)
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvernents on, or along RA 06-01222 to complete said work within the time
specified for completion in the Road Improvement Agreement,all in accordance with State and local laws
and rulings.
2. OBLIGATION: Shapeli Homes a Division of Shapell Industries, Inc.,.a Delaware Corp. as
Principal and National Fire Insurance Company of Hartford a corporation organized under
the laws of the State of It_ , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance: One Hundred Fifty One Thousand Seven Hundred and 00/100
Dollars ($ 151,700.00 ) for itself or any city assignee under the above County Road
Improvement Agreement,plus
B. Payment: Sevens Six Thousand Six Hundred and 00/100
Dollars ($ 76 600.00 )to secure the claims to which reference is made in Title 15 §§
ct seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A,)above is such that if the above bonded Principal,
or principal's heirs, executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to thein 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.8.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(corrnnencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to then or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety fiom liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on October 17, 2006
Shapell Homes, a Division of Shapell Industries,
PRINCIPAL: Inc., a Delaware Corp. SURETY: National Fire Insurance Company of Hartford
Address: 100 N. Milpitas Blvd. -� Address: 2355 E. Camelback Road Suite 500 —
City: it t s, a3Al f V `� Ci Yy: hoenix, Z 85016
By: _ By.
Print Name: Robe& b' IMOO(e Print Name: Pamela L. Stocks, Attorney-in-Fact
Title: _ __�_ Title: Attorney-in-Fact
By: LON
Print Name:
"Title: PcSSF . Se__t,+T_
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C;\Gq�l�nla\GukSvc\Fnmss\t?N WORMBN-9.dvc
Rev'Oclok4cl Y7,,20Qfi
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On October 18,2006, before me,Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacities, and that by their signature on the instrument,the persons or
the entity upon behalf of which the persons acted, executed the instrument.
JANK E T.KRUSE WITNESS my hand and official seal.
Comm{ssion#1597428
La- "
Notary Public-California
Santa ciara County Signat e of Notary Public
My Comm.Expires Aug 24,20
Optional Information
Title or Type of Document: Security Bond -Road Improvement Agreement RA06-
01222, Alamo
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapell Industries, Inc.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an
Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are
duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Halt,Sandra V Harmer,Gina O'Shea,Individually
of Sherman Oaks,CA,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 CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 15th day of August,2006.
GAS tIq�T 101SUR4Continental Casualty Company
National Fire Insurance Company of Hartford
F- OORGORAre �� 5�AWG p+4rrn A American Casualty Company of Reading,Pennsylvania
�J SEAL �C a 19'Y11.
4
1997 HARK •
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this 15th day of August,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say:
that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation,
National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania
corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said
instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
'OFFICIAL SEAL"
j MARIA M.MEOW
♦ M•ury Pdssta Expl Of/1S . ,I l' Wim'�— i i(_• ' ' `'�
i MV Commi.ti•n EipY••3/1 SM i
My Commission Expires March 15,2009 Maria M. Medina Notary Public
CERTIFICATE
1,Mary A.Ribikawski"s,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
17th dayof Oct-c)her Oct-oh _2006
AS 41 114SUR4 a Continental Casualty Company
National Fire Insurance Company of Hartford
oWO/ure C $' �wc�"oRorro American Casualty Company of Reading,Pennsylvania
�u
Z a /U1 1tl.SEAL � �, r= �� �
1997 - HARD •
Mary A. R�ikajokis Assistant Secretary
Form F6853-11/2001
State of California
County of Los Angeles
On October 17, 2006 before me, Sandy Hanner-Notary Public
Oate NAME. TITLE OF OFFICER.. -JANE DOE. NOTARY PUBLIC-
personally appeared Pamela L. Stocks
NAMES)OF SIGNER(S)
(X) personally known to me – OR – (—) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(*) is/eoi subscribed to the within instrument and acknowledged to me that
he/she/tom executed the same in;his/her/kxeir authorized capacityges), and that by tawher/4hr #
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted,
executed the instrument.
saNOY flAraaet:
WITNES and and offt ' seal.
$_ Commission C 1672602
g m Not"Kale -ccoomia � SIGNATURE OF NOTARY
Los Arty CW*
ILIComm.!V dui 2,2010
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the documen
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(_) INDIVIDUAL
(_) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) (_) LIMITED
(_) GENERAL
NUMBER OF PAGES
( x ATTORNEY-IN-FACT
(_) TRUSTEE(S)
(_) GUARDIAN/CONSERVATOR
(_) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company of Hartford
SIGNER(S) OTHER THAN NAMED ABOVE
(3.107426.13