HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-533 TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 10, 2002,by the following vote:
AYES: Supervisor Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 5 3 3
SUBJECT: Approval of Road Improvement Agreement for South Wedgewood Road(formerly
Tamerisk Road), RA 1125 (cross-reference Subdivision 7984)being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District III)
The following document was presented for Board approval for South Wedgewood Road
(formerly Tamerisk Road), road acceptance file RA 1125 (cross-reference subdivision 7984)
property located in the San Ramon(:Dougherty Valley) area, Supervisorial District M.
A Road Improvement Agreement with Shapell Industries of Northern California,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement,within one year from the date of said agreement.Improvements generally consist of trail
and drainage improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
SG:cw taken and entered on the minutes of the Board of Supervisors on
G:1GrpData1Eng5vc1B0\200219-1M2112A 1125 BO.I5.doc a date shown. p
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
ATTESTED: eptember .10, 2QQ2
cc: Pubic Works i T.Bell,unity Devel JOHN SWEETEN
Current Planning,Connnunity L>cvelopment ,Clerk Of the Board Of Supervisors and County
T—July 2003 Administrator
Shapell Industries of North m California
P.G.Box 361169
I OQNort1t Milpitas Blvd.
Mr ttas,CA 95035
A :Sam Worden&Stm swage By __ _ Ct •�,Al'_.. Deputy
National Fire Insurance Co.of Hartford
21650 Oxnard Street,#600
Woodland Hills,CA 91367
RESOLUTION NO. 2002/ 5 3 3
SUBJECT: Approval of Road Improvement Agreement for South Wedgewood(toad(formerly
Tamerisk Road),RA 1125 (cross-reference Subdivision 7984)being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District III)
DATE: September 10, 2002
PAGE: 2
I. Cash Bong -
Performance Amount: $16,400.00
Auditor's Deposit Permit No. DP 391840 Date: August 22, 2002
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 952578030
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929247983
Performance Amount: $1,624,600.00
Labor&Materials Amount: $820,500.00
Principal: Shapell Industries of Northern California
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/533
ROAD IMPROVEMENT AGREEMENT
Dev,?Ioper: Shapell Industries of Northern California Effective Date:
Dere I itlopment: RA 1125(cross-reference SUB 7984) Completion Period: 1 year
Road: c, s. t
TH1 SE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CUl*:IRA COSTA COUNTY DEVELOPER
Matince M.Shiu,Public Works Director Shapell Industries of NorthernCalifornia
s» store '{ t.
(print name At ti e)' x e c. Y p.P.
RECf)MMENDED FOR APPROVAL J.C. Truebr i dg
By- (Signature)
Engineering rvi esD si (printname dt e)
Mark West
FO&Ilil APPROVED: Victor J.W an,County Counsel Asst. S e c t
(NOTE:All signatures to be acknowledged Tf Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
i. PARTIES 8a.DATE.Effective on the above date,the County of Contra Costa, California,hereinafter called "County," and the above-mentioned
Devels-Mr,mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain mad improvements(both public and private),drainage improvements,signs,street lights,fire
hydrar.js,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and
on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments
thereto#i.
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmi-alike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Codedin
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $16,400 cash,plus additional security,in the amountof$1,624,600,which together total one hundred percent
(100%)of the estimated cost of the work. Such additional security is presented in the forth of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
accepts€ce against any defective workmanship or materials or any unsatisfactory performance.
B. For Pavment: Security in the amount of 5820,500,which is fifty percent(50%)of the estimated cost of the workSuch 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
securities may be reduced in accordance with S94-4.406 and S94-4°408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform i<etisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,
"Accepts=ce,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. v
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5, k'LANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishrsent work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and otherpest control and other work determined by
the Pubk:-Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period ofo ar from and
after the I#-aard of Supervisors accepts the work as complete.
6. 'MPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Section 2' nd 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,saidimprovement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to
accomplis`i`x the work as promised.
7. z O 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 6f 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 andirr materials,or payments,therefor,or any combinatiomr 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 andaditions
hereof.
8. 3NDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
a. The indemnities benefitted and protected by this promise are the County,and its special district,elective ahappointivve boards,commissions,
officers,agents,and employees.
sI. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined ba(>w,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 suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
The actions causing liability are any act or omission(negligent or nomegligent)in connection with the matters covered by this*regiment and
attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
I}. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemxithas prepared,
supplied,q approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that
the allegeddamage resulted partly form any negligent or willful misconduct of any Indemnity.
9. >(3S : Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. 1ON-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 in€#erred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
eveloper hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County pm ds to .
complete ardor maintain the work.
nce action is taken by County to complete or maintain the work, Developer agrees to pay all costs incurred by the County,even if Developer
subsequentt{y completes the work.
;asould County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to
pay all attoi ley's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the
work.
11. RICORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorporate i 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 transferr d to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this
agreement s though Developer had contracted with the city originally.
12. C-DNSIDERATION. In consideration hereof
-
((,',..`heck applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
_ County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
CLJap
G-.NGrpData\Ert Svc\Cluisll'rqjects\Galc Rancb\RA t 125\PA 1125 Ata-24.doc
Rev.April 6,4-410
CALIFORNIA A .L.-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County ofx
OnA46. before me, ,_i�hy!?4 �! /4
Date Nama a Title of O1Ncer{e.g.,'Jarra Doe,Notary Publiel
personally appeared �.
Narfu{a)of Signar(a)
p nally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) I re�
subscribed to the withinIns ant ate"
PANDORA LUI CHAN acknowledged to me that he/s xecuted
Commission#1338611 the same in his/her/their authori
Notary Public-California capaclty(ies), and that by his/he heir
Santa Curs County signature(s)on the instrument the persons),or
qpmyComm.E*refa Jan 10,2006 the entity upon behalf of which the person(s)
acted, executed the instrument,
ITNE my hand and o ' 'a1 seal.
Slgnehrre of Noraty PubNo
OPTIONAL
Through the information below is not required bylaw,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: . 4--Cefr4
eat k S uess-rte eAA,-P 5U6 4-qS4
Document Date: Number of Pages:
Signer(s)Other Than Blamed Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Tap of thumb hate
❑ Corporate Officer---Title(s):
❑ Partner—❑Limited ❑General
❑ Affomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 t999 Natiorml Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 www.natlanainotary.org Prod.No.5907 Reorder.Call Toil-Free i-504.076.6827
1o1JI`i l I.LdJ 1A
DEPOSIT WE IT
-)OFFICE OF COUNTYDIT CONTROLLER
TO THE TREASURER: MARTINEZ,VkLIF IA
RECENED MOM _
O ANIZATION NUMBER .
{ rnrtoe+}
i (Far Collectioh Procedures see C unfy Administrator's Bulletin I05.)
DESCRIPTIgk FUNpjORG. ACCT. F;TASKOPTION ACTIVITY AMOUNT r I
J1 it Af V
'IYol
�.
►0 •
_..147..__'.011= ,
ggs 'qC
I
I
,
o
EXPLANATEfi3t�- TOTAL $ t'
- —.. � DEPOSIT
Deposit consists of the ;owing Kerns
COIN ondCURRENCY $
CHECKS;M.O.,ETC
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBERDATE
- ASSICrh `+� AUC t `�
The amount 041.1 Monty described above is for . Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
dt nrto}ht County T ury.. acknovrfedged
ka?
5ignedd ` � Date( a / Signed; L"'�
r l ' Lrt tXT. fps putt'County Auditor pep bunty Treasurer
Title: f
•34 REV.Iy99J�`Tck—',
-
000649-9665 l 831000: 61093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. !Milpitas, CA 95035
$49.920.00, DA 0004 Plan Check
$44.000.00, DA 0004 Improvement Inspection
819800-0800: 61093897, $8,200.00, RA 1103 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800.0800: G1093898, $1,000.00, RA 1104 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-0800: G1093899, JL6010.00, RA 1105 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093900, J1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035 �s
819800-0800: G1093901, $?,300.00, RA 1117 Cash Bond, Shapell Industries of Northernv
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.Milpitas, CA 95035
819800-0800: 61093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of
Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-0800: G1093905, 15,500.00, PA 0003 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-0800: G1093906, $77,600.00, RA 1122 (SUB 7984) Cash Performance Bond,,,
Shapell Industries of Northern California, 100 North Milpitas Blvd.Milpitas, CA 95035
819800-0800: &1093907,'$54,800. , SUB 7984 (Neighborhood #1) Cash Performance ,J
Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA
95035
819800-0800: G1093908, $21.300.00, RA 1114 Cash Performance Band, Shapell Industries
of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/
orthern ,J`�
California, 100 North Milpitas Blvd. Milpitas, CA 95035 1/
000649-9665 / 8310001: 61093888, 500.00, RS 2698 Record of Survey Map Cheek Fee,
DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526
000649-9665 1 831000: 61093889, 1500.00, RS 2699 Record of Survey Map Check Fee,
Real Estate Engineering, Inc., 17601 Halford Avenue, Ste 360, Santa Clara, CA 95051
000649-9665 1 831000: 61093897, $20,166.00, RA 1103 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093898, $8,000.00, RA 1104 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 1831000: 61093899, $33,295.00, RA 1105 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
0003649-9665 / 831000: 610939010, $8,968.00, RA 1116 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093901, $14,034.50, RA 1117 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 / 831000: 61093902, $46.219.00, RA 1122 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093903, 11,388.50, RA 1125 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 / 831000: 61093904, $62,178.25, SUB 7984 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 / 831000: 61093905, $228 147.00, PA 0003 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093908, $48,554,89, RA 1114 Plan Check, Shapell Industries of
Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas,CA 95035
$18,834.00, RA 1125 Plan Check
$27,345.00, RA 1125 Improvement Inspection
$13,563.00, RA 1125 Landscape Inspection
819800-0800: 61093910, $9,000.00, DA 0004 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
Bond No.: 929247983
Development: RA 1125, Gale Ranch 11
twutnn: $8,123.00 x Std
IIYII'RovEwNT Swt.mtrry BOND
Fm ROAD ImplitovFmKw AGREENIEW
(Performance, Guarantee, and Payment)
(California Government Code §§ W99- 66499.10)
L REt"ITAL of ROAD IMPROVEMENT AGREEMENT: Thi Developer (Principal) Inas executed an agreement
(Road Improvement Agreement) with the County to install and pay fir street, drainage and other
improvementson, or among RA 1125, Gale Ranch II to complete said work within the time specified
for completion in the Road Improvement Agreement, all in accordance with State and local laws and.rulings.
2. OBLIGATION: Shapell Industries of Northern California, A Division of Shapell Industries, Inc. asPdDcipdmd
NaWMI Ffro 1n!wrWV6Q2MpM2JHQdftXd ,a corporation organized under the laws of the State of CT ,
and authorized to transact surety busnness in CaEfbnda,as Surety,hereby jointly and seven dy bind ourselves,
our heirs,executors, administrators, successors and assigns to the County of Contra Costa,California to pray
as follows:
A. Pedo : One Million Six Hundred Twenty Four Thousand Six Hundred Dollars and 00/100
Dollars($, 1,624,600.00 for itself or any city w under the above County
Road Improvement Agreement, plus
B. payment: Eight Hundred Twenty Thousand Five Hundred.Dollars and 00/100
Dollars($ 820,500.00 }to secure the claims to which refh=ce is made in Title
1.5 §§ et seq. of the Civil Cade of the State of California.
3. CoNDrrroim
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by and
V,ell and truly keep and perform the covenants, conditions and provisions in the said agreement and
zLiy alteration thereof made as therein provided on it or its part, to be kept and performed at the time
and in 1� manner therein specified and in all respects according to their true intent and meaning and
hal!it My and save si the County of Contra Costa or city assignee, its offers,agents and
employeds, as therein stipulated,then this obligation shall becoTne null and void,otherwise it shall be
40 ivemain in full force and effect.
As paint of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be in luded.reasonable casts, expenses and fees, including reasonable attorneys fees, incurred
by the County of Contra Costa or city assignee, in suc,msfulty enforcing such obligation, all to be
taxed as casts and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.8.) above, is such that said Principal and the
undersigned as.corporate surety are held firmly 'bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material then and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code, fbr materials furnished,labor
of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond, will pay, in addition to the fact
amount thereof, reasonable costs,expenses and fees, including reasonable; attorneys 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 taxied as costs and to be included in the judgement therein
reu dererl.
It is hereby expressly stipulated and agreed that this bones 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 of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Sly.-)uld the work under the conditions of this bond be hilly performed, then this obligation shall
become null and void;otherwise; it shall be and remain in full force and effect.
C. No alteration of said Road.Improvement Agreement or any plan or spec` an of said work agreed
to by the Principal and the County 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 Principal whenever taken.
4. SIGNED AND SEALED:
Tlie undersigned executed this document on August 7, 2002
Shapeil Industries of Northern
PRINCIPAL: California,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford
A 100 North Milpitas Boulevard Address, 21650 Oxnard Street, Suite 600-4
City: Milpitas, CA 95035 City: Woodland Hills, CA 91367
By: 2By: �2 J�,11
Print t4amci _ 16 pr- f3 t) - Print Namne-. Marie A. Cook
Are, I da
Title: Attorney-in-Paget
x -9A*
rUvv=K Ur A I I t,, KNl Y AYYUIN i INU INDMDUAL.ATTORNEY4N-FACT
Kriow.All Men Fay`('Mesa Pmsonts,That C�- .tNEN fAL CASUALTY COMPANY,an Illinois cerpt-4on,NATIONAL FIRE INSURANCE
W,
COMPA 'OF HARTFORD,a Conner dctat corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pannseyhrinia
co,poratior(harein collectively tamed"the CCC Surety Companies`),am duly garin d and existh g corporations having their'principal oflicee in
the City of'hko go,and State of Illinois,and that they do by virtu*of ttte signature and seals herein affixed hereby make,=rmftft and appoint
l4iaria r Cook In
�.rslrfrs' rtriet
their true acid lawful Anmrey(s}i Fact with hall power and authoft hereby conle"W'to sigh,seal and execute for and an their batralf bonds,
undertakings and other obligatory instruments of similar nature
In Unranited Anne is-
and to bind'them thereby as ttt*and to the soma extent as if such insttha rwft ware signed by a duty authorized;1—W of their couporatforts and
all the acts<f said Attorney,pursuant to the authcu4ty hereby given a,ir hereby rartilfed and r onftrmed.
This Pcwer of Attorney x made and executed pursuant to and by authority of the By4-aws and Resclutioras,p tftd on the reverse herecf,
duly adopte i,as indicated,by the Boards of Directors of the corporations.
In WithAsss Whereof,the CCC Sunray Companies have caused these presents to be signed by their Group Vice President and their
corporate wals to be hereto affixed an this 18th day of .tette 1998
CONTINENTAL CASUALTY COMPANY
�`C✓ 9ttadR °t4► NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
t
a A/SPIL « / «
XLY G'
.D
trE�7 � ir�rtSt�" • -
Marvin J.Cashion Group Vice President
taste of Ilfinalis,County of Cock,ss:
On this i th day of June 1998 .before me personally Cama
harvin J.C shion,to me known,who,being by me duty swans,did depose and say.that he resides in the City of Chi.Stater of Illinois;that
m is a Gnx4a Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
IMERiCAN€,ASUALTY COMPANY OF READING,PENNSYLVANIA desedbed in and which executed the above inst rurnentr that he knows the
of said.,corporations:that the sashes affixed to the said instrument are such corporate seals;that they were so afliz ed peesamartt to authority
Liven by then loerdbe of Diroctors of said corporations and that he signed his name thereto pursuant to fake authority,arid acknowledges same to
to the act and deed of said corporations.
r
E}ICTJIR'f
�k fit`
My Commission Expires March 6,2000 Mary Jo Abell Notary Public
CERTIFICATE
I, Mary A RgAtkxwskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
ARTFORD:and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby cartily that the Poww of Attorney herein
hove set folt-1 is still in force,and further cer ft that the icy-Law and Resolution of to Board of Directors of each corporation printed on the
worse�.�horse.!are still in forts.In tostlimcny whereof I have hereunto subscribed my name and arfRxed the steals of the said corporations
lis= `d!.�:>day of �.
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
r ` rev � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
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Mary A.Ribikawskis Assistant Secretary
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Authorizing By-Laws ana Kesowtions
PIED BN THE BOARD OF DIRECTORS OF CCA +ENTAL CASUALTY COMPANY:
This P ower<of Attorney is mads and executed pursuant to and by authority of the following By-law duly adapted by the Board of Directors of
ie Compa l+y.
°Arfte M--Execution of Dmmtetm
sicdw 3.Appointment of Att mey-in-fact The Chaim n of the Board of Directors,to P i or any Executive,Senior or Group
Vice Plimident may,from time to time,appoint by written to act in behalf of the Company in the execution of
pc 6cw;of insurance,bonds,undertakings and otter obligatory instruments of lice nature. Such aftonmWa4sct subject to the limitations
we for h in their respective cardlIcates of authority,shall have full power to bind the Company by their signature and moctition of any such
bnstturtents and to attad the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior
or Gro,,ip Vice President or the Board of Directors,may.at any time,revoke all power and authority previously given to any atlas,ey4ndact`
This F>mer of Attorney is signed and sealed by facsimile under and by the authority of the following R by the Board of
)ft% ors a the Company at a meeting duly called and held on the 17th day of February, 1953.
T solved,that the signature of the President or any Executive, Senior or Group Vice. and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article UC of the By-laws,and the signature of the Secretary or
an AssAtant Secretary and the seal of the Company may be affixed by facsimile to any cartlicats of any such power and any prover or
cartifi ;te bearing such ftesirMe signature and seal shall be valid and binding an the Company.Any such power so executed and sealed and
certifie i by cert ficatsi so executed and sealed shall,with respect to any bond or u ndertWng to which it is attached.continue to be valid and
binding on the Company.`
)PTED Bl"THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Ptwer of Attorney is made and executed pursuant to and by authority of the following By-Law duly adapted by the Berard of Directors of
he Compal y.
"Artfcie V>w--Exeeudon of Obligations and AppoUstrnent of Attorney4n.-Fact
SOnton Z Appointment of Attomey-in-fact.The Chairman of the Board of Directors,to President or any Executive, Senior or Group
Vice President may,from time is time,appoint by written cerff=ates attorneys-+n-fart to ad in behalf of the Company in the execution of
poricift.of insurance, bonds, undertakings and other obrigat ory instruments of Ike nature.Such attorneys im4kct�subject to the limitations
set forth in their respective certificates of authority,shall have foil power to bind the Ccmpany by their signature and execution of any such
intstr=.o tts and to attach the seal of the Company thereto.The President or any Executive.Senior or Group Vere President may at any time
revoke 111 power and authority previously given to any attomeyin-het'
This Pewer of Attorney is signed and sealed by facsimile under and by the authority of the fallowing Resolution adopted by the Board of
Directors ofthe Company at a meeting duly called and held an the 171th day of February,ISM.
`Rfnolved,that the signature of the President or any Executive,Senior or Group V&re President and the seal of the Company may be
affixed �y facsimile an any power of attorney grinned pursuant to Section 2 of Article Vit of the By-taws,and the signature of the Secretary or
an As atant Secretary and the.seal of the Company may be afl5ced by he simie to any cartif tate of any such power and any power or
c:ertifix is bearing such 12asimile signature and seal shall be valid and binding an the Company.Any such paver so executed and seated and
cxer"K, 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.`
OPTED BYTHE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Pi<wer of Attorney is made and executed pursuant to and by authority of the fbllcwing Resolution.duty adopted an February 17, 1893 by
the Board of Directors of the Company.
`Rf,SOI VE+D:That the President,an Executive Vice President;,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by wriftn cardficates,Attomays-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
underta kings and other obligatory instruments of like mature.Such Attomey4n-Fact subject to the imitations set forth in their respective
certifiea.ms of authority,shalt have full power to bind the Corporation by their signature and of any such Instrument and to attach
the sial:of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors
may at<;ny time revoke aq power and authority previously given to any At3amey4n-Fac:
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:he Company at a meeting duly paled and heli on the 17th day of February,1993.
`R EE:SOLVED:That the signature of the Presidents an Executive Vice President or any Senior or Group V P and the seal of
the Corporation may be affixed by facsirnuie on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on Febr=xary 17, 19-03 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affoced by fzisimlee
to any eIrtificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corpor•.jion.Any such power so executed and sealed and certified by certificate so executed and sealed,shag with respect to any bond or
underW,ing to which it is attached,continue to be valid and binding on the Corporation.`
� .
Oil- --- Auoust 7. 2002 before 111e, ?AWD12 AWA
persortally kriowri to me (of proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(&) I
" thatl /sh, t executed the same I he�zir lutborized
Commission*1338611
instrument the person(s),or the enti�y upon behalf of wiiich
the p a- son(s)acted,executed the InstrumeriL Santa Clara County
MY Comm,Expires Jan 10,2006
WJTNESS-44�d and official seal.
..-V- 4-�2L
signature L 'nilsatra htr Offidal NotarialSeid
OPTIONAL
'Though the date below is not required by law, it may pirove valuable to persons relying on the document and could
prevent fraudulent(eattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TrUis) TITLE OF TYPE OF DOCUMENT
�
0 GENERAL
ATTORNEY�IWFACT NUMBER OF PAGES
DATE OF DOCUMENT
IS REPRESENTING.
N-Wf Of PERSONS)OR ENT"OES)
National Fire Insurance Comany of HgffXd
SIGNER(S)OTHER THAN NAMED ABOVE
10-ORT Rev.6194
_E ACKNOWLEDGEMENT ~
�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
7
i
State of California i
� ss.
County of hcrk G
On 1. ! before me, ~
D& -- Nama andof- r(e.g.,°Jane Dow.Notary Public')
personally appeared O 12,11 0
,a} signer(s)
Q De�rsonaily known to me
"'proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) id are
subscribed to the within instrument and
PAN � �CFtAN acknowledged to me that hels e!#hey executed
Cammieaion itt 1338611 the same in hislhe ei authori
Notary Public-Callfornia capacity(les), and that y hislhe heir
Sante Clara County
signature(s)on the instrument the persons ,
Caerrtn.eApiree,an 10, r the entity upon behalf of which the person(s)
acted, executed the instrument.
TN S my hand and official se
Slgnatur ubic v
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: l
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):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
0 1858 NMkx*Notary Aaaoctation+8350 De Soto Ave.,P t7.Box 2402+Chaiwworrh.CA 813132442•www.nadorWnotary.oM Prod.No,5907 Reorder:Cali Toll-Frew 1-a00.87 6827