HomeMy WebLinkAboutMINUTES - 01062009 - C.08 L
TO: BOARD OF SUPERVISORS Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR g ,_,• a,s Costa
DATE: January 6, 2009 County
sJA_coiiK•
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for RA 05-01186, Danville
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2009/ oZ approving Subdivision Agreement (Right-of-Way Landscaping), for RA
05-01186 (cross-reference SD 99-08381), for project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
This agreement is necessary to guarantee installation of landscape improvements along Charbray Street in the
Alamo Creek subdivision.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping) will not be approved.
Continued on Attachment: SIGNATURE: � �
RECOMMENDATION OF COUNTY ADMINISTRATOR
COMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON m APPROVED AS COMMENDED Wf OTHER
I hereby certify that this is a true and correct
v0 OF SUPERVISORS copy of an action taken and entered on the
UNANIMOUS(ABSENT o s'ly ) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
BB:jc ATTESTED: _ mCo,
GAEngSv6130\2009\01-06\RA 05-01186 BO-16 FORM.docx
Originator: Public Works(ES) - DAVID TW , Clerk of thaciard of
Contact:Jocelyn LaRocque(313-2315)
cc: Public Works-Construction Supervisors and County Administrator
Current Planning,Department of Conservation and Development
T—November 06,2010(PI)
Shapell Homes -
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Sam Warden By , Deputy
The Continental Insurance Company
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela L Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 6, 2009 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2009/ a,
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for RA 05-
01186, project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., as recommended by the Public Works Director
Danville area. (District III)
These improvements are approximately located along Charbray Street south of Massarra
Street.
The following document was presented for Board approval this date for RA 05-01186,
located in the Danville area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division
of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to
complete all improvements as required in said Subdivision Agreement (Right-of-Way
Landscaping) within 2 years from the date of said agreement. Improvements generally consist of
landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right-of-way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
1. Cash Deposit
Deposit Amount: $6,500.00
Deposit made by: Shapell Homes, a Division of Shapell Industries, Inc., a
Delaware Corp.
Auditor's Deposit Permit No. and Date: 515324 December 18, 2008
BB:jc I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2009\01-06\RA 05-01186 BO-16 FORM.docx
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Coniact:Jocelyn LaRocyue(313-2315)
cc: Public Works-Construction Supervisors on the date shown.
Current Planning,Department of Conservation and Development
T—November 06,2010(PI) �— w
Shapell domes ATTESTED:
100 N.Milpitas Blvd.
Milpitas,CA 95035 DAVID TW Jerk of the VKrd of Supervisors and County
Atm-Sam Warden
The Continental Insurance Company Administrator
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela L Stocks pp��
By Deputy
RESOLUTION NO. 2009/ oL
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for RA 05-
01186, project being developed by Shapell Homes, a Division of Shapell
Industries, Inc., a Delaware Corp., as recommended by the Public Works Director
Danville area. (District III)
DATE: January 6, 2009
PAGE: 2
Il. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 467 100 November 21, 2008
Performance Amount: $647,390.00
Labor& Materials Amount: $326,945.00
Principal: Shapell Homes, a Division of Shapell.Industries, Inc., a Delaware Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
RESOLUTION NO. 2009/
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: RA 05-01186 (x-ref SUB 99-08381) Effective Date:
Subdivider: SWI;-VL-1. fi'G Mf& , A C" S 100 o:-
S-d'A'P E" t11P IASI{?itL/6 ; (NGL, A V ELL WA'Cf-E Go" Completion Period: 2 years
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
5P-Ai,9VW £; ; A rr
VlvIct
Julia R. Bueren, Public Works Director tl/oucS INS • POA 0`-0T21C C-0(L4 .
By: (s gnawre)
R OMMENDED FOR APPROVAL: (�
By: (signature) r
Engin #ing+Sices 4D (print name&Itle)
�06v+ b Wove 4w
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 County of Contra Costa,California, hereinafter called"County,"and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requirements shall govern.
3.' IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code, provide as security to the County:
A. For Performance and Guarantee: $ 6.500.00 cash,plus additional security,in the amount of
$ 647.390.00 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$ 326.945.00 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§944.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily fora period of one-yearfrom and afterthe 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 work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. The 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 oraccepted the work as complete,and including the defense of anysuit(s),action(s),or otherproceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work orsubdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partlyform any negligent orwillful 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 Countyand itsforces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement 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.
:kw.lap
GAGrpDala\EngSvcTorm%AG WORMAG-30A.doc
Rev.May 18,2001
CAUFORNIA AQ.A411VIRMISE ACKNCMLEDGMENT
Sty elC
of SANTA CLARA
on November 25, 2008 before am SMILEY K. SANDHU, NOTARY PUBLIC
nne Hem rased aname and TOO of the Deme.
pets>o utW appeared Robert D. Moore and Ken Cox
fuama{sf w sigrtais)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose narne(s)+josubscnbed to the
within instrument and acknowledged to me that
Jtelexerxded the same in#tiM%<Ey)au(horized
capaca res), and that by his/her ei signature(s) on the
instrument the person(s), or the entity upon behalf of
SMILEY K.SANDHU which the person(s)acted, executed the instrument.
CommMlon*1573474
-s Notary Public-California I certify under PENALTY OF PERJURY under the laws
Santa Clara county of the State of California that the foregoing paragraph is
My comm.Expires Apr 26,20 true and correct.
WITNESS my hand d official seal.
Place Notary Seat Above Signature Sign of otar
OPTIONA
Though the information below is not required by law,it may prove valuable to persons relying 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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Tille(s):
F--1 Partner—❑Limited ❑General ❑Partner—0 Limited ❑General
F) Attorney in Fact E,Attorney in Fact
• Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator 0 Guardian or Conservator
• Other: ❑Other:
Signer Is Representing Signer Is Representing:
oaxrr otaoo of GN�yaseotlatiert•sesooa saa ate.t rat eoa ama-caaca�tn.c c rc►uaafx•�ne�onw rata xa s im AWN Rwtd r cag rdt-wee r.eoaers•sW
Subdivision: RA 05-01186 (x-ref SUB 99-08381)
Bond No.: 929 467 100
Premium: $2,913.00(annual)
Alamo Creek
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHTOF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(Calif. Government Code sections 66462 and 66463)
1 . RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County
to install and pay for public right of way landscaping, and other related improvements in RA 05-01186
(x-ref SUB 99-08381), as specified in the Subdivision Agreement (Right-of-Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement(Right-of-Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final lVlap or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. as
Principal, and The Continental Insurance Company ,a corporation organized existing under the laws
of the State of PA , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California,to pay it:
A. Performance and Guarantee: Six Hundred Forty Seven Thousand, Three Hundred Ninety
Dollars (S 647,390.00 ) for itself or any city-assignee under the above County
Subdivision Agreement (Right-of-Way Landscaping).
B. Payment: Three Hundred Twenty Six Thousand,Nine Hundred Forty Five
Dollars ($ 326,945.00 J to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division 1)1 of the Civil Code of the State of
California.
3. CONDITION: This obligation is subject to the condition set forth on the reverse side hereof.
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 tune and in the manner therein specified, and in all respects according to their nue
intent and meaning, and shall indemnify and save harniless 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 a part of the obligation secured hereby and in addition to the face amount specified therefor,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 suretyare lield firmly bound unto the County of Contra Costa and all other
persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same
in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon
this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing
such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in
the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (cormnencing 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 Acquisition of Off-Site Right-of-WayAgreelucnt agreed to by the Principal and
the County shall relieve any Surety fi•om liability on this bond; and consent is hereby given to snake
such alterations without further notice to or consent by Surety; and the Surety hereby waives the
provisions of California Civil Code §§ 2819, and holds itself bound without regard to and
independently of any action against Principal whenever taken.
SIGNED AND SEALED on November 21,2008
Shapell Homes, a Division of Shapell Industries, Inc.,
PRINCIPAL: A Delaware Corp. SURETY: The Continental Insurance Company
ADDRESS: 100N. Milpitas Blvd. ADDRESS: 2355 E. Camelback Road, Suite 500
CITY: Milpitas 1 ZIP: 95035 CI'T'Y: Phoenix, AZ ZIP: 85016
BY: BX{TG���
�i t t70 - ►�s-t. y -
PRINT NAME: PRINT NAME. Pamela L. Stocks-
TITLE: TITLE: Attorney-in-Fact
unv
BY:
Rev.Jure 17. 1999
PRINT NAME AND TITLE:
CALIFORNIA ALUPURPOSE ACKNOWLEDGMENT
State Callomia
cf SANTA CLARA
on November 25,2008 before me SMILEY K. SANDHU, NOTARY PUBLIC
esee ffara dese, raa ne anal Tab of the onfcm
personally appeared Bob Moore and Ken Cox
taamefa;a Signets)
who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s) ' r subscribed to the
within instrument and acknowle ged to me that
fie/ executed the same in el authorized
capaaty fes), and that by Hielilw ei signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
SMILEY K.SANDHU
Commission# 1573474
6MV1
Notaryiic-Californiaf I certify under PENALTY OF PERJURY under the laws
Santa Clara County - of the State of California that the foregoing paragraph is
Comm.btpiresApr 26,2 true and correct.
WITNESS my hand ISO official seal.
Signature
Place Notary Seal Above S' nalurNafary.PuQilc
OPTIONAL
Though the information below is not required by late,it may prove valuable to persons relying 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:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Tille(s): ❑Corporate Officer—Title(s):
I❑ Partner—❑Limited ❑General ❑ Partner—❑ Limited ❑General
D Attorney in Fact 11FIVIREM n Attorney in Fact Raffiffam
❑ Trustee Top of thumb here ❑TfU8tee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other.
Signer Is t3epreserotir4 Signer Is Representing:
®�orarauonarsmrarynsaoalana,•aesur>esnmma:.P.meamrzcoa-shat$mnn.caersrszamt-�Naoom�NaroKe� Imn�r aea�casrrml�l�eaneoo�ersse�r
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually
of Sherman Oaks,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its
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 the corporation 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 Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 22nd day of November,2006.
��,,INS(j•• The Continental Insurance Company
Ixs qg.,
nt
•Z
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this 22nd day of November,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly swom,did depose and
say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
-OFFICIAL SEAL-
MARIA M.MEDINA
My Commi.uon Eapir••3116108
My Commission Expires March 15,2009 Maria M. Medina Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,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 corporation 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 corporation this
list dayof fj'ovember 2008
"' '• The Continental Insurance Company
q •.
�. .�.. n:
^
�F.
l/SCJ.
• '•'�••'••� Mary A.Rikaiokis Assistant Secretary
Form F6850-11/2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California .
County of Los Angeles
On November 21,2008 before me, Beverly A. Hall, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Pamela L. Stocks
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/aM subscribed to the
within instrument and acknowledged to me that
Mb/she/tkWexecuted the same in fWffVher/ld W authorized
capacity, and that by Wher/*x*signature(&) on the
instrument the person(ts), or the entity upon behalf of
which the person(&) acted, executed the instrument.
e�vetla�, 1u�tt
Commbftn• 1711 certify under PENALTY OF PERJURY under the laws
-� Notary PW#e•Caftnoo
Los urof the State of California that the foregoing paragraph is
ft
Canmqefu Ccntezntt true and correct.
WITNESS my band and official seal.
Notary Seal Signature
ature of Notary Public