HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-433 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 9, 2002 by the following vote: h
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: bone
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/433
SUBJECT: Amending Subdivision Agreement, Minor Subdivision 97-89, Martinez Area.
(District II)
The following substitute security to guarantee the road and drainage improvements as
required by Title 9 of the County Ordinance Code was presented for Board approval this date:
Security with Mark E. Tompkins and Norman M. Johnson as principal in the form of a
corporate surety bond (Bond No. BE2626265) dated May 14, 2002, and issued by Gulf Insurance
Company in the amount of$279,000.00 for faithful performance and $139,500.00 for labor and
materials.
NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the
Board on October 27, 1998, is hereby AMENDED to allow substitution of the above-mentioned
corporate surety bond for the previous surety bond with Frontier Pacific Insurance Company.
BE IT FURTHER RESOLVED that the improvement security bond with Frontier Pacific
Insurance Co., (Bond No. SD00031942) dated August 3, 1998, is EXONERATED.
All deposit permits are on file with the Public Works Department.
PE:cw
G:\GrpData\EngSvc\BO\2002\7.09-02\MS 97-89 BO-23.doc
Originator: Public Works(ES)
Contact: inch Uerly(313-2348) 1 hereby certify that this is a true and correct copy of an action taken
CC: Director of Community Development and entered on the minutes of the Board of Supervisors on the date
Public Warks -Accounting shown,
- Construction
T—5-20-03
Gulf Insurance Co.
101 W.Broadway,suite 700 ATTESTED: July 9, 2002
San Diego,CA 92101 JOHN SWEETEN,Clerk of the Board of Supervisors and County
Frontier Pacific Insurance Co. Administrator
4250 Executive Square,Suite 200
La Jolla,CA 92037
Mark E.Tompkins&
Norman M.Johnson By. Deputy
2125 Pine Street
Martinez,CA 94553
RESOLUTION NO. 2002/ 433
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subdivisions Principal: WJV.L,+tw�:�l U- t,�
Effective Date: °J1Jl tNT , (1i�� Completion Period: 1 year
.1
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY PRINCIPAI,
Maurice M.Shiu,Public Works Director
Y: (sigmtnrc>
(Print ham&'tkk) .'
RECOMMENDE
By
E gine rviees Division
t ,
D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated,
signatures must conf6rm with ttho designated representative groups pursuant to
Corporations Code§31.3.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" oun "and the above-mentioned
Prinsi:W,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal 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).
Principal 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 SECITf?T'I'y. Upon executing this agreement, Principal shall,pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For PgrfommMce and Guarantee° S -WOO-00 cash,plus additional security,in the amount:S_0-0q.QQQ.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.
___,/ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal 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 ent: Security in the amount:$ 161,hyo.00 which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of-
Cash,
fCash,certified check,or cashier's check
v, Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities may be reduced in accordance with§944.406 and§94-4.405 of the Ordinance Code.
4. GU'Atz AN]ME AND WARRANTY OF WORK. Principal 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. Principal agrees to correct,repair,or replace,at Principal's 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 WORTS. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Principal 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,Principal shall make whatever changes
necessary to the plans to accomplish the work as promised.
7. NOW lVER BY C =, . 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 Principal of the obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNI'T'Y: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's 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 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 Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-conditians: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10. SURVE . Principal 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.
It. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attomey's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to
complete the work.
12. IJNCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated r,a city or is annexed to an existing city,except as provided in this paragraph,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
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
a3 D-M
aA�WveJ .uo woxMAo-30.&C
Rev. October 25,3061 r_�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Fon
California OPTIONAL SECTION
of Contra Costa CAPACI[TYCLAIMEDBYSIGNER
statute does not require
to
/x9102 .before me, Prisi_ igiy Thouthe data below,doing so may prove fnvaluibtat#atl to
DATE NAME, OF OFFICER E.O.,-)ANE DOE NOTARY Pi7ELIC-
persona€lyappeared Norman Martin Johnson parsons relying on the document.
NAME(S)of SIONWS) 0 INDIVIDUAL
0 personally known to me-OR-9 proved to me carr the basis of satisfactory evidence to D CORPORATE OFFICER(S)
be the person(s)whose name(s)is/am TI'LAS)
subscribed to the within instrument and
acknowledged to me that helsheAhey executed )b PARTNERS) 0 LIMITED
P R 1 S C 1 LLA S M 1TH the same in his/her/their authorized U GENERAL
COMM. 1240097 caps signature(s) and that
byhist tt r/their s p AT ORNEY-IN-FACT
+e►_
NOTARY PUBLIC-CALIFORNIA 'yI pin()or 0 TRUSTEE(S)
CONTRA COSTA COUNTY .» the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR
My Comm."00 Expiroiles Oct.$0,20031 acted,executed the instrument
p OTTIER
WITNES hand aI official
4 SIGNER IS REPRESENTING:
(NAM OF FBRSON(S)OR ENTrrY(M*l
SIS OF NOTARY
Priscilla Smith, Notary
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
r"ttachment of this form
W T2UCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR AU SI�r� The name and interest of the signer should be typed or printed Ela EA f'F�the signature. 'I he
us=must be signe(i��y as it is typed or printed.
H. SLUN&U=FOR RIP
IMUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. IS - S19=9 party must be either a general partner or be authorized in writing to have
is authority to sign for an in a partnership
IV. SI*M A OR QQ Qkj§
Vocumeuts should se signed by two officers,one from each of the following two groups:
GROUP 1. (a}The Chair of the Board
((b))The President
c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
c no Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
)r_1=
RPW9114PLtRDArk vcSFamk1VVORpFORWAMPURPOSE NOTARY.&C
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
state of Califn of a _ ___ OPTIONAL SECTION
County of Contra Costa CAPACITY CLAIMED BY SIGNER
( AL2L02 .beforc-mc, Priscilla Smith Though statute dots not require the Notary to fill In
DATE NAME,mea OF OFFX 3R EQ.,-JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to
personalty appeared Mark E'. Tompkins persons relying on the document.
NAt S)OFsOr RS) 0 INDIVIDUAL
O personally known to me 4 OR o tX proved to me on the basis of satisfactory evidence to Cl CORPORATE OFFICER(S)
be the pason(s)whose nattne(s)is/am s
subscribed to the within instrument and
acknowledged to me that helshtlthey executed 2F PARTNER(S) td LIMITED
the same to hiAer/their authorized 0 GENERAL
.-*,My
P R I SC I L LA SMITH capacity(ies�and that by his/hcc/their p ATTORNEY-IN-FACT
COMM. 124t}487 � signature(s)on the instrument the person(s)or a TRUSTEE(S)NOTARY PUBLIC-CALIFORNIA •p the entity upon behalf of which the person(s) p GUARDIAN/CONSERVATOR
CONTRA COSTA COUNTY .; acted,muted the instrument.
Comm.Expires Oct.30,"2003 CJ OTHER:
S hand olfic" cal, SIGNER IS REPRESENTING:,
e _ '('NAAta OP PEBSOMS)OR HNTrfY(DM)
5IONA NOTARY
Priscilla Smith, PublIff
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHES) Title or Type of Document
TO THE DOCUMENT"AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Bate of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
r"ttachmcnt of this form
I�ISTRtJCTI01dS TO hM ARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FFR ALL SIGNATU1tES_ -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a signs exac y as it is typed or printed.
H. -The name must be signed exactly as it is printed or typed. The signer's interest in the
party must be state
M. SST ��t S - Signing party must be either a general partner or be authorized in writing to have
the authority to signior me c partnership.
IV. SIGNAn=S FOR g=Q9AnQjjS
ocum nts should signed by two otlicers,one from each of the following two groups:
GROUP 1. (e}The Chair of the Board
((b))The.President
C Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorize the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will sufEce.
Notarization of only one corporate signature or signatures from onlyone up,must contain the following phrase:
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
"SQ%ILARDATA0pDft%WwlPar aAW0RD PORWAM PLIRPONB NOTARY doe
Subdivision. MS 97-89
Bond No.: BE2626265
Premium: $5,022.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL,OF SUBDIVISION AGREEMENT. The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision Ms 97-89 .as specified in the subdivision agreement and to complete said work Within
the time specified for completion in the subdivision agreement,.all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. OBLIGATION: NORMAN M. JOHNSON Ari MARK E. TOMPKINS as principal and
GULF INSURANCE COMPANY . a corporation organized and
existing under the laws of the State of MISSOURI and authorized to transact surety
business in California, as surety, hereby jointly and severally..bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: TWO HUNDRED SEVENTY NINE THOUSAND AND00J_10Q
Dollars ($_279,000.00**** )for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment. ONE HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED AIM 00/100 Dollars
($, 139,500.00******** }to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. Cg DN ITiON:
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 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 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.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 subdivision 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 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 heribby 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 work under 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 subdivision agreement or any plan or specification of said work agreed to by
the principaland the County of Contra Costa(or city assignee)shall relieve the surety from 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 the principal whenever
taken.
SIGNED AND SEALED on May 14 2002
NORMAN M. JOHNSON AND
PRINCIPAL: MARK E. TOMPKINS SURETY: _ GULF INSURANCE COMPANY
Address: Address: 101 W. Broadway, Ste 700
City: Zip: City: San Diego Zip. 92101
By: By:
Print Name: 14ORMAN M JOHNSON Print Name: JOCELYN QUIRT
Ti Title: Attorney-in-Fact
B
Print Naqeta E
TITLE: ~'
Mr w:bp
GAGrpDa4VEn9SW\Formsl$N WOMBN-12.doe
Rev.November 2i,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907
State of CALIFORNIA
County of CONTRA COSTA
On May 14, 2002 before me, M A.Atwater,Notary Public
DATE NAM,ME OF OFFICER o E.G.,-JANE DOE,NOTARY PUBLIC"
personally appeared JOCELYN QUIRT `
NWE{)OF SIGNER(S)
personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) Istare subscribed to the within Instrument and
acknowledged to me that hetshetthey executed the same in
histherRheir authorized capacity(les), and that by histherltheir
signature(s) on the Instrument the person(s),or the entity upon
behalf of which the person(s) acted, executed the Instrument.
y. _ .. M. A. ATWAT"ER
AEM Commk*M#1286M WITNESS my hand and official seal.
Notary Public-Confornta
Contra Costa County
*Carr M E Dec ttt 2' SIGNATURE OF NO'T'ARY
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 OR TYPE OF DOCUMENT
TIT EM
�] PARTNER(S) [] LIMITED
a GENERAL
ATTORNEY-IN-FACT
D TRUSTEE($)
GUARDIANICONSERVATOR NUMBER OF PAGES
[� OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAM OF PERSON(s)OR ENMY(tES)
GULF INSURANCE COMPANY
SIGNER(S) OTHER THAN NAMED ABOVE
S IQB7/3EEF 2/38 0 133 NATIONAL NOTARY ASSOCIATION•8236 Ftemmo Ave.,P.O.Boa 7194.Oaroop Park,CA 01309-7184
GULF INSURANCE COMPANY
ST.LOUIS,MISSOURI
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS.That the Gulf Insurance Cornrp a corporation duty
organized under the taws of the State of Missouri,having its principal offfice in the city of Irving,
Texas,pursuant to the following resolution.wed by the Finance&Executive Committee of the
Board of Directors of the said Company on the 10th day of August.1993,to wit:
-RESOLVED.that the President, Executive Vice President or any Senior Vice President of the
Company shall have authority to make.execute and deliver a Pourer of Attorney constituting as
Attorney-in-Fact such persons,firms,or corporations as may be selected from time to time:and any
such Attorney-in-Fact may be removed and the authority granted him revoked by the President,or
any Executive Vice President,or a Senior dice President,or by the Board of Directors or by the
Finance and Executive Committee ttf the Board of Directors.
RESOLVED,that nothing in this Pow of Attorney shall be construed as a grant of authority to
the attorney(s)-in-faa to sign.exetute,acknowledge.deliver or otherwise issue a policy or policies of
insurance on behalf of Gulf Insurance Companry'
Gulf Insurance Company does hereby make,constitute and appoint
FRANK R. OLSSON GORDON J: FISCHER
JOCELYN QUIRT
of Walnut Creek, in the State of California
its true aux#lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead.to sign,execute,acknowledge and deliver in its behalf,as surety,any
and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such
bonds andlor undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact,pursuant to the authority herein given,
are hereby ratified and confirmed.
The obligation of the Company shalt not exceed Five Million and 00/100——————————————————————---($5,000,000,00**l dollars.
IN WITNESS WHEREOF the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seat to be
hereto affixed.
N#�urtauvr�eo GULF INSURANCE COMPANY
SEAL .
STATE OF NEW YORK � SS �,sscs+i�* Exec tive Vice Pres dent
COUNTY OF KINGS
On this 15th day of November ,2000 ALD.,before me came Lawrence P. Miniter,known to me personally who being by me duly sworn,did
depose and say,that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company,the
corporation described in and which executed the above instrument,that he knows the seal of said corporation,that the seal affixed to the said instruments
is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order.
LA0 JAP10 ,
a/ "''t
lLA_
4�TA �
,y�� David 3 a
rn yc Notary Public,State of New York
STATE OF NEW YORK SS 4 a No.02JA4958634
COUNTY OF NEW YORK ��B � Qualified In Kings County
F IV Commission Expires December 30.2001
i,the undersigned,Senior Vice President of the Gulf Insurance Company,a Missouri Corporation,00 HEREBY CERTIFY that the foregoing and attached
POWER OF ATTORNEY remains in full force.
�R: CE
Signed and Sealed at the City of New York. ,�x"� ¢PleaAcow Dated the 14th day of May 2002
SEAL .
Geon a Biancardi
8028-Bt (712000) Senior ice President
CALIFORNIA ALL-PURPOSE ACE NOWLEDGEMIENT
State of Cn i ornia OPTIONAL SECTION
County of Conus. Costa CAPACITY CLAIMED BY SIGNER
On 4L2L02before'me, Priscilla Smith Though statute does not require the Notary to tMll in
DATH XAtY A TME of aFECER aq.,-JANE DOB,NOTARY KWIC- the data below,doing to may prove invaluable to
personally Mark E'. Tompkins persons relying on the document.
NAWS)OF SIGNBR(S) ❑ INDIVIDUAL
❑ personally known to me-OR-DC proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose names)islam Tag)
subscribed to the within instrument and
acknowledged to roe that hetshelthey executed PARTNER(S) ❑ LIMITED
the sarin in histherltheir authorized ❑ GENERAL
P R I SC I LLA SMITH capacity(ies),and that by hiAer/their ❑ ATTORNEY-IN-FACT
COMM. 1240097 signature(s)on the instrument the person(s)or ❑ TRUSTEE(S)
NOTARY PUBLIC-CALIFORNIA the entity upon behalf of which the person(s) ❑ GUARDIAN/CONSERVATOR
CONTRA COSTA COUNTY acted,executed the instrument.
Comm.y Co .Expir®s Oct.80,2008 ❑ OTHER:
TNESS my hand ofiici cal,. . SIGNER-IS REPENTING:
I ,✓`� (NAW OF PM-SONS)OR ENrrrY(M))
STONA F T tWARY
Priscilla Smith, Notary
Public
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-'attachment of this form
INSTRUMMS Tt7NU ARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL§IGNAn&M -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. S -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
M. S1G2��TA-�' 7AOR PA#t S - Si party must be either a general partner or be authorized in writing to have
the authority to signor an in artnersp.p.
IV. SIGNATS OR C� CIR&nQNS
tents UREshould' eessigne y two ofticers,one from each of the following two groups:
GROUPI. (a}The Chair of the Board
{b))The President
c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secre
C
The Chief Financial CSfficer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute insttnments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from onl one group,must contain the following phrase:
,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION
County of, Contra Costa CAPACITY CLAIMED BYSIGNEIt
On 4/09102 .beicmme, Prit qki ��,4h Though statute does not require the Notary to till in
DATE MMtE T1T1 E OF OFFICER&O.,"JANE DOE,NOTARY PUBLIC' the data below,doing so may prove Invaluable to
personally appeared Norman Martin Johnson persons relying on the document.
NAMES)OF SIGNERS) 0 INDIVIDUAL
0 personally known to me-OR-N proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICERS)
be the person(s)whose names)istam TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/shelthey executed ] PARTNER(S) 0 LIMITED
P a I SC i LLA SMITH the same in hiAer/their authorized 0 GENERAL
COMM. 1240097 capacity(ics),and that by his4m/their 0 ATTORNEY-IN-FACT
a►` NOTARY PUBLIC-CALIFORNIA signature(s)on the instrument the person(s)or 0 TRUSTEE(S)
CONTRA COSTA COUNTY -. the entity upon behalf of which the person(s) 0 GUARDIANICONSERVATOR
My Comm.Expires OcL 30,21303) acted,executed the instrument. 0 OTHER:
WITNES" y hand artofticial SIGNE$.IS REPRESENTING:
(NAME OF PERSON(S)OR WTMY(JEs)3
TNArugmurmnARY
Priscilla Smith, Notary
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Bate of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIt,�N IQ NOTARY
The fallowing information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FAQ The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be state
III. SIM41= FOR PAR S- Signing party must be either a general partner or be authorized in writing to have
the authority tosign for an m partnership.
IV. SI TI
Documents should signed by two officers,one from each of the following two groups.
GROUP 1. �a'�The Chair ofthe Board
The Preesident
Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
C
The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
.and acknowledged to me that such corporation executed the within inst ument pursuant to its by-laws or a resolution of its Board of
Directors."
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