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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-593 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 18,2001,by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 593 SUBJECT: Approve the Drainage Improvement Agreement for restoration and establishment of backwater channels and seasonal wetlands on West Branch Alamo Creek(DA 0003) for Subdivision 7984,being developed by Shapell Industries of Northern California, A Division of Shapell Industries, Inc., Dougherty Valley area(District III). The following document was presented for Board approval this date for Subdivision 7984,Drainage Improvement Agreement file DA 0003,property located in the Dougherty Valley area,Supervisorial District III. A Drainage Improvement Agreement with Shapell Industries of Northern California, 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 establishment of backwater channels and seasonal wetlands. 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 Orwo.ror:eum wank,(Bs) shown. Contact: Teri Ric(313-2363) DEW G-AGq L"\BngSvc\B0\22M11TaT0A 0003 Bo-24.&c Deft 1Tlber �C7 cc: Pubic Works- IL Gnaw,Construction ATTESTED.. , 2001 T—9-4-02 SbapeR tndustries orNordmn Ca}tfomia JOHN SWEETEN,Clerk of the Board of Supervisors and County AWL Steve Savage&Sam Worden Administrator 100 North Milpitas Blvd Milpitas,CA 95035 By ,Deputy RESOLUTION NO.2001/ 593 SUBJECT: Approve the Drainage Improvement Agreement for restoration and establishment of backwater channels and seasonal wetlands on West Branch Alamo Creek(DA 0003)for Subdivision 7984,being developed by Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,Dougherty Valley area(District III). DATE: December 18,2001 PAGE: 2 I. Cash Bond Performance Amount: $3,300.00 Auditor's Deposit Permit No.DP376598 Date: October 31,2001 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond :Band Company: American Casualty Company of Reading,Pennsylvania Bond Number and Date: 190-724-121, September 4, 2001 Performance Amount: $331,500.00 Labor&Materials Amount: $167,400.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said Drainage Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO.2001/593 r DRAINAGE IMPROVEMENT AGREFMENT Subdivision: 12A-0003(x-ref.7984) Effective Date: Shapell Industries of Northern California, Developer: a division of Shapell Indu trim .Inc. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Direc army By; \ (Signature)By: {Print Name and ,7 S .C. T r u e b r tag e RECOMMENDED FOR APPROVAL Executive Vice President Divi on Ms n ger By: (sia)Byy Engineering ices Div sion (PrintNmmand Tide)1"lark Westph Assistant S ary FORM AP ROVED: 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.) 1. PARTIES cot.DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"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 pians 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 Pedoxy tice and Guarantee: $ 3.300.00 cash,plus additional security,in the amount of$ 331,500.00_ together total one hundred percent(1001/e)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 Payment: Security in the amount of$ 167,400.00 _ 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 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 S94-4.405 and S94-4.408 of the Ordinance Code. • i 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. Developei'shall defend;hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred 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. 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 perfommance 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. RL::kv \V'wS41SHARDATA\Grpbata\EngSvc\Fonns\AG wORD\AG-ITdoc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofCvxxs�V_16. C_\C� ss. On 1()_1(Lt`0 , before me,A04 >0 0 1 Date Name and Tale of Officer(a.g.,"Jane Dog,Notary Public's �,,4 personally appeared er�►1 , Naff*sW sign s> )(personally known to me ❑ proved to me, on the basis of satisfactory evidence to be the person(s) whose name(s) is/are JrNpNETmBRUI SELD subscribed to the within instrument and ] Ctile�lon#`131=23 acknowledged to me that he/she/they executed fir'Public-Callit°rnla the same in his/her/their authorized LyCwmEVIre M30 capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h�a�n�d,and official seal. Place Notary Seal Above OPTIONAL/��/ Signature of Notary Public Ole l IO AL 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 QpCument Title or Type of Document: 'CG►�C"� Document Date: Number of Pages: Signers)Other Than Named Above: Capaclty(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—, Title(s): ❑ Partner--❑Limited ❑General ❑ Attorney in Fact n Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Naibrml Notary A"miaswn-9950 De Soto Ave.,P.O.Box 2402 Ghaftworbh,CA 91919-2402•www reit afttgry org Prod.No.Sam Reorder.Cali TolWraa 1400476-4W Back Water Channel and Created Wetlands Development No: DA-0003 (X—Ref. 7984) Bond: 190 724 121 Premium: $1160.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AND labor and materials) 1. OBLIGATION: Shapell Industries of Northern California, a Division of Shapell Industries, Inc.(principal), as Principal,and American Casualty Company of Reading. Pennsylvania a corporation organized and existing under the laws of the State of PA and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, &Maintenance:Three Hundred Thirty One Thousand Five Hundred Dollart,$ $331,500.00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor&Materials: one Hundred Sixty Seven Thousand Four Hundred Dollars ($ .$167.400.00 )for the benefit of persons protected under Title 15§et seq.of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in DA-4003 , 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 , °1 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. CONDMON. A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its hens,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 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 anamount 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 Se tember 4 2001 PRINCIPAL URETY Amer n Casualty Company of Reading,Pennsylvania By_ a r i.e A. Coo a e a .Stocks,Attorney-in-Fact Address Address 21650 Oxnard Street Woodland Wills,CA 91367 '4Y: c�- �_.---.--- IrPVVS4 `CAOPDaWTn&Svatift=%BN WORMEIN.10.6m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of � C� cici '2 CA, ss. On —q95-Q ' , before me, Ft►�' Jt �' , Date 4 Name and Title of Officer(e.g.,"Jane Doe,Notary Pu is") personally appeared C- �- wC)cl� Na e(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and :si...—„ acknowledged to me that he/she/they executed sARMINETTE BRtlWELD L the same in his/her/their authorized ZM Cornmlaalotf 9131 liU2 [ capacity(ies), and that by his/her/their Nobly Public`Cal forms signature(s) on the instrument the person(s), or Banta Clan County C Ju130.2= the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand&uxrAeAJ,_ andofficial seal. Lok�Mde_ Place Notary Seal Above Signature of Notary Public OPTIONAL, 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 Signer's Name: © Individual Top of thumb here ® Corporate Officer�--Title(s): El Partner—0 Limited 0 General 0 Attorney in Fact C1 Trustee 0 Guardian or Conservator © Other: Signer Is Representing: C 1999 National Notary Assadatbn•9354 Ds Sob Ave.,P.O.Bax 2442•Chatsworth,CA 91313.9442"www.na9onekx»ary.org Prod.No.597 Reorder:Call TolWms 1.800.979.6827 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,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety 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 signature and seals herein affixed hereby make,constitute and appoint Pamela L.Stocks,Beverly A.Hall, Sandra V. Harmer,Individually of Sherman Oaks California their true and lawful Attomey(s)in-Fact with full power and authority hereby conferred to sign,seat 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 are hereby rated and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 7th day of January2000 SAWCONTINENTAL CASUALTY COMPANY tyT „ a' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY al. SEAL HIM ISO? � ! Marvin J.Cashion Group Vice President State of Illinois, County of Cook,as: On this 7th day of January 2000 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA 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 seats;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. NNiiiiN NiiiN�ii+NN++ voFFOAL SLEAV ! DIANE FAULKNER + i NoWy llUW@.StM of I11inole !•• My Can iliasho billik 911710i My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE 1,Mary A Ribikewskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force,and furttiercertify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are stiliiq fqc e.in testimony Whereof 1 have hereunto {r�rbed my name and affixed the seals of the 5 t Vu said corporations this 4tC1 day of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA ii Ca $EJ1{. Y JAL �, $ L.C� C�tt Mary A Ribikawskis Assistant Secretary (Rev.10J1/97) 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 duty adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3.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 iike.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 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 seated 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 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group?,lice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat 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 Vl--Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact.The Chaimnan of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attomeys4n-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 attomeys-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 seat 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 seated 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 17th 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 Vl 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,shall 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 all power and authority previously given to any Attorney4n-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 17th 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 affured by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat 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." State of CALIFORNIA County of LOS ANGELES On September 4, 2001 before me, Sandy Hanner - Notary Public Gate NAME, TITLE OF OFFICES., "JANE DOE, NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME(S)OF SIGNERS} € x } personally known to me-OR - (_..-)proved to me on the basis of satisfactory evidence to be the person(a) whose name(*Ishaimsubscribed to the within instrument and acknowledged to me that Wshef beg executed the same in hWherltttatttauthorized capactty , and that by NWher/#W signature(s) on the instrument the person(Q, or the entity upon behalf of which the persons} acted, executed the instrument WITNE hand and l seal. SANDY HANNER y_�' C�nisslort�t 186bSt3 ��� SIG RE OF NOTARY my comm.tures AA I -�J= 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 PACES {x} ATTORNEY-IN-FACT {_--} TRUSTEE(S) (..�) GUARDIAN/CONSERVATOR (...r} OTHER DATE OF DOCUMENT SIGNER 13 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-1074MB DEPOSIT PERMIT l OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM Al, u ORGANIZATION NUMBER ( ) (For Cush Collection Procedures see County Administrotor's Bulletin 105.) DESCRIPTION FUND/ORQ �CT TASK OPTION ACTIVITY AMOUNT 10�)3oo 0437 1917 66 p LI av 100 W4 . 06q685 q,515 I _ , 1 1 PA 010 001'54 7 " 0 9 607639 -1 too .39 1 l 1 1 EXPLANATION: 10163 9 TOTAL $ 1 �# pL± iz i * ( 40 4) 1 D40 U$ (c 3 DEPOSIT A a C.-r ; CT i c)le'114 4 5- GalC3(o 12-14(o Deposit consists of the following h5d # CCNN and CURRENCY $ CHECKS,MCR,ETC. $ BANK DEPOSITS $. -FOR AUDITOR-CONTKXLER USE ONLY DEPOSIT PERMIT. DP NUMBER DATE 765 $ ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby deposit into the County Treasury. rock+o++led9 P 310 l signed - Date t t-- A Signed Title: &6 T C,e EXL 3-,-,�3 a 4 Deputy County Auditor County Treasurer -34 REV.(7-93) c� co oil 00Y �t tc 1