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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-550 T 3° THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 550 SUBJECT: Approve the Drainage Improvement Agreement for DA 0004 (cross-reference Subdivision 7984)being developed by Shapell Industries ofNorthern California,San Ramon (Dougherty Valley) area. (District IEI) The following document was presented for Board approval this date for Drainage Improvement Agreement DA 0004 (cross-reference SUB 7984),property located in the San Ramon(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 Gale Ranch Detention Basin. 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 shown. DatsungSve eB \2002\9-17-02\DA OM B0.20.doc ATTESTED: Sept gmber 17, 2002 t rWmor Pubk wozlu(ES) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: T.Ric(313-2363) Administrator cc: Public Works-T.Bell,Construction T--June 2043 Shapell Industries of Northem California P.O.Box 361169 By ,Deputy 1 oo North milpitas Blvd. Milpitas,CA 95035 ATT:Sam Worden tit Steve Savage National Fire Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/ 550 SUBJECT: Approve the Drainage Improvement Agreement for DA 0004 (cross-reference Subdivision 7984)being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley) area. (District M) DATE: September 17,2002 PAGE: 2 I. Cash Bond Performance Amount: $9,000.00 Auditor's Deposit Permit No. DP 391840 Date: August 22, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Bond Company: National Fire Insurance Co. of Hartford Bond Number and Date: 929263038, August 7, 2002 Performance Amount: $891,000.00 Labor&Materials Amount: $450,000.00 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. 2002/550 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0004(x-ref SUB 79841----- Effective Date: Developer: k- S 1/T Completion Period: I year THES i,SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: N "AZA COSTA COUNTY. DEVELO TER Maurica M.Shiu,Public Works Directort , ,t exBy: ' (s ) (Print Mame=1 rn J.C. T t-u e b r i d R RE C'AMEND�D F AFP OVAL Exec. V .P. By: tsi�nas,�, Engine Se Ice 'vtston (Print Nmno ink) M 3 r � e s t e e Asst . Secty. FOj,14 APPROVED: Victor J.Westman,County Counsel (NOTE: A{1 signatures to be acknowledged-If Developer is incased,signatures must conform with the designated representative groups pursuant to Corporations Code3313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named yeigDe ,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 v<orkmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ording1ce Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requimments shall govern. 3. TMPROVEM NT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Perforrrlance and Guarantee: $9,000.00 cash,plus additional security,in the amount of$891,000.00 together total one hundred percen (100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. 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 aceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$450,000.00,which is fifty percent(50%)of the estimated cost of the work.Such security is press nted 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 famishing labor c r materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of theDeveloper, the am)unt of the securities may be reduced in accordance with 594-4.406 and 594-4.408 of the Ordinance Code. t 4. UARANTEE AND WARRANTY F W RK. Developer guarantees that said work shall be free from defects in material or workmanship and shill 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:964.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. a 5. IMPROVEMENT PIAN WARRANTY. Developer warrants the improvement pians for the work are adequate to accomplish the work as promied 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 i#3 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 COUN'liY. 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. T INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indgMaitJM benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. Theij�►`lities protected against are any Iiability or claim for damage of any kind allegedly suffered,incurred or threatened because of actt5ns defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whettt€r or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as cop'plete,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 Agrerf.nent and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Co dirions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepm-nd,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification cover ag any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. 8, COM.. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AM 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 payall costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon fiemand. 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 performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agree,.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. ASLQNb=. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to thm,city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. Wr.::c,x G:\Grtrtista\&gSvc\Warren\2402Wugust\DA 0004 AG-17.dac CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On , before me, PI Date y� Name a-`Title of Officer(e.g.,'ane Doe,Notary Public) personally appeared _.1. 1�'l( / � �f j j� Name(a)of Signer(e) ,�sonally 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 inst ment and PANDORA LUI CHAN acknowledged to me that he/sh he xecuted Commission#1338611 the same in his/he he authorized Notary Public- California capacity(ies), and that by his/he air Santa Gars County signature(s)on the instrument the person , Cpm• �a Jan i0,2pp6 the entity upon behalf of which the person(s) acted, executed the instrument. my hand and official seal. Signature of 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: YT.\Y\ e, Ile. �rvte r4 `1jt� -coo 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-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: tl 1989 National Notary Aoeooieiion•9950 Oe Soto Ave.,P.O.Box 2402•Chaffivrorth,CA 81318-2462•vwvw.nationainotary.ag Prod.No.5907 Reorder:OaN Toll-Free 1-800-8788927 COUNTY OF CON COSTA DEPOSIT PE IT )OFFICE OF COUNTY DI 7 CONTROLLER TO THE TREASURER: MARTINEZ, LIF A RECEIVED FROM ( �+ ? O ANIZATION NUMBER (Far ash.Collect"Procedures see C nfy Administrator's Bulletin 105.) DESCRIPTIt?k FUNDJORG. Sulk TASK OPTION ACTIVITY AMOUNT CI ry . . . aMs f o: 00, r � l - �£ _�- - A )A I , , EXPLANATIr TOTALf CS a DEPOSIT Deposit consists.of the folG;w;g rtts COIN and CURRENCY $ A oo CHECKS,KO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT [)p NUMBER gg + ASSIGI�l I840 AUC{ ¢ The amount c1.mangy described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby de sit nta County T urY acknowledged. Signed: 11U4 Date(, Title:f0(7. puty County Auditor Signed: pu aunty Troasurer. 04 REV(7-93 �. 619800-0800: 61093910, $9,000.00, DA 0004 Cash Bond, 5hopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 01093888, $500, , RS 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526, 000649-9665 / 831000: 61093889, $500.00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 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, IL-000-00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093899, $33.295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093900, 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, $28,147.00, PA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000; 61093908, j48.554.89, 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 000649-9665 l 831000: G1093910, 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, 18,200.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, 1000.00, RA 1104 Cash Bond, Shapell Industries of Northern v/ California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern �,•''� California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093900, 1 200.00, RA 1116 Cash Bond, Shopell Industries of Northern W/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093901, 2,300.0 , RA 1117 Cash Bond, Shapell Industries of Northernv- Calif ornia, 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: 61093903, J1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern. California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093905, $5,500.00, 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: 61093907, $54.800.00, SUB 7984 (Neighborhood #1) Cash Performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093908, $21.300.00, RA 1114 Cash Performance Bond, 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/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 Development No: DA 0004 (x-ref SUB 7984) Bond: 929 263 038 Premium: $4,455.00 ROPROVEMENT SECURITY BOND FOR DRAINAGE I14PROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) Shapell Industries of Northern California,- a Division of 1. OBLIGATION: Shapell Industries, Inc. , a Delaware Corp. MdnciRal), as Principal, and Nacional Fire insurance Company of Hartford (Surety}, a corporation organized and existing under the laws of the State of CT 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: Eight Hundred Ninety-one Thousand($891,000.00)for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor & Materials: Four Hundred Fifty Thousand ($450,000.00) 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 0004, 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 SUB 7984. 3. CONDITItIN: 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 famishing 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 a oriey ;ices fixed by court to be taxed as costs and included in the judgement. 3. CONDITION` A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the 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 an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (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 August 7, 2002 Shaaps;11 Industries of Northern California, a Division Naftarral t'btagariy- PK1S CIPAL SURETY of Hartford Corp. By- ,C By s Marie A. oo , orney- n- ac Address Milpit Bl d. , i tas, cA95035Address 21650 Oxnard Street, Suite 600 Woodland gills, CA 91367 (818) 713-2035 Authorizing By-Laws and Resolutions ITED BY Ti IE BOARC OF 01REC7,ORS OF COTe a iNENTAL CASUAL'i Y COMPANY. 771is Powe}r of Attorney is made and executed pursuant to and by authority of the fokr**g By4jw duty adepted by ttur Beard of Olrectem of e Company,;j 'Article%--Execult1cm of Documestit Sect;n 3.Appointment of Attcrn -it�The Chairman of the Board of Directors.the Pi asider. or any Executive, Sethion or Grasp Vice Provident may,from time to time.appoint by written cwd=Msdft neys-in-fact to act in behat of the Company in the execudw of poic es oil:ins7ueaartce,bonds,urvdertakings and other obtigabory instruments of"nature.Such a#ta neyemn-1 aa,subject tis the 11mitatiorts, set forth x their respective camicates of authority.shall have full power to bind the Company by their sigriatssa and noscudort of any such irhstnsnorts and to attaac to the seal of tate Company thereto.The Chairmarh of the Board of 0'set= the President or any Executive,Sehriar or Group<Vice President or the Board of Directors,rrray,at anytime,revoke ail pasrwer and authority previously given to any'attorney-+n"feet,' This Pawirr of Attorney is signed and sealed Toy facsimile under and by the authorityof the fakkswing R by the Board of rectors of tt�e Company at a meeting duly coed and held on the 17th day of February,io,.i9".3. 'Res'olved.that the signature of the President or any Executive,Senior or Group View President and the seal at Company may be affixed bfacsimile an any power of aaftmey granted pursuant to Section 3 of Amide IX oaf the a3y-hose o ,and the signature of the Secretary or an Assavint Secretary and the seal of the Company may be affixed by facsimile to arty carfficals of any such power and any power or carthic bearing such facsimile signature and seal shaail be valid and binding an the Company.Any such power so executed and sealed and ctartified�y certhIcate so executed and sealed shag,with respect to any band or ung to which it is attached,etuntinue to be valid and binding ax 7 the Company. PTED BY 7iE BOARD OF DIRECTORS OF AME.r`ZCCAN CASUALTY COMPANY OF READING.PENNSYLVANIA: This Poirier of Attorney is made and executed pursuant to and by authority of the Wowing By-Law duly adopted by the Board of Directors of to Company "Article Vi--Ertecudon of Obligations and Appcin tent of Attomey-in-Fact Sex;en Z Appointment of Attorney4n-faot The Chairman of to Board of Directors,the President or any Stacudire, Senior or Group Vice President may,from time to time,appoint by written cortificates attornoys-irrfac;to act in behalf of the Coagmy in ft execution of policies t insurance, bonds,undertakings and other obligatory IrWa ments of like nate m.Such attorneys-in-fact,subject to the iimitadicrts set frartt ln their respective oerti5cates of authority,shalt have'full power to bind the C=pany by their signature and execution of any such hstnunt -rts and to attach the seal of tate Company thereto.The President or any Executive,Senior or Groom Vacs President may at any tirne revoke 2"power and authority previously given to any attorney-in=fact." This Pc-W. of Attorney is signed and sealed by bcsimile under and by the authorit+j of tits fallowing Resolution adopted by the Board of iineetors of uze Company at a meeting duly called and held an the 17th day of Fsbruary,1993. 'Resolved,that tits signature of the President or any Executive,Senior or Group Viae President and the seal of the Company may be affixed h, facsimile out any power of attemay grarttad pursuant to Section 2 of ArWa Vt of the By-favus,atnd the of the Secxetasry or an Assistant Secretary and the seal of the Company may be affmtd by fkcsimfie to any oertitfaata of any such power and any pawner or cartfficatt bearing such ftiosimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and c+ertibed by certificate so exi=jted and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding can the Company.' 3PTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Pmw of Attorney is made and executed pursuant to and by authority of the following Resolution.duly on February 17, 199:3 by he Board of Directors of tate Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,Appointby written caffcates,Attomeys-in-t=act to ad in behalf of the Corporation in the mon of policies of insurance,bonds, underCs r`ngs and other obligatory instruments of like mature.Such Attomey4rrFv4 subject to the limitations set facet in their respaecttve ' certhIc is of authority,shall have hull power to bind the Couporadon by their stgnaetxure and execution of any such Instrument and to attach the seat of the Corporation thereto.The President;an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at my time revoke all power and authority previously givers to any Attemey4r_Fact,' This Paver of Attorney is signed and sealed by facsimile sander and by the authority of the following Resolution adopted by the Board of Directors of--be Company at a meeting duly railed and held on the 17th day of February,1S93. 'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Viae President and the Baal of ^- the Corporation may be affuoed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on Febr'aary 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any osrtifrcate of any such power,and any power or certificate bearing such fbcsimile signature and seal sW be valid and binding on the Corpa ttcn.Any such power soh executed and sealed and certified by certificate so executed and sealed,shall with respect to any band or underta ting to which it is attached,continue to be valid and binding on the Corporator,.' P©WER OF ATTURNEY A?VUIN i INU INUIVIUUAL A 1 t UKNr-1-iN-1'AU i Know At.. Men By These Presents,That CONTIh_.iTAL CASUALTY COMPANY.an 1llrnoa�orida .ATIONAL FIRE INSURANCE OMPANY CF HARTFORC, a Crnne&..rrt corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA, a Pwvmgtvania wporaticn(t,,Nresin coilect'rvely,died the CCC Surety Companies%are duty orgarized and acsting corporations having their principal oftes in a City, of Ch c.ago, and State of Illincis. and that they do by virtue of the signature and seats herein affixed hereby nuke,cordrdbuts and appcint Marie A. Cook. individual Mtloitas Catifomia air true ane iawful Attornoy(s}�;:act with full power and authority hereby c=dWTed to sign,seal and execute for and on their behalf bonds, idertakinrs,ind other obligatory it s ants of similar nature In Unlimited Amounts- td to bind thtrn thereby as fully and to the same extent as if such inS=nearft were signed by a duty authorized officer of their corporations and I the acts of said Attorney,pursuant to the authority hereby giv'e'r we hereby raffAd 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, ily adopted,ss indicated,by the Boards of Directors of the corwaticros. In W1t n s VYhereaf,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their )rporate seas to be hereto affiaced on this 18th day of June 1958 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD V i rte" AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA E JULY It, �+J SEX" fE9 : Marvin J.Cashion Group Vice President tate of ltCnmll County of Conk,ss: On this I ft day zf June 1998 .before erre personally carne arrin J. Cashion,to me known,who,being by me duty sworn,cid depose and say:that he resides in the City of Chimgio,Stater of 1111inois;that s is a Group..Vice President of CONTINENTAL CASUALTY COMPANY.NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and MERICAN CASUALTY COMPANY OF TREADING,PENNSYLVANIA described in and which executed the above instrument;that he knows the sale of said i-crporations;that the seals afted to the said kwhxnertt are such=rpomte weals;that they were so WTmd puraa.rarrt to autt=fty von by the P.,cards of Directors of said corporatom and that he signed his name thereto pursuant to Oka authority,and ac ors saarns to s the act ani,:deed of said corporations. jo Htt� xt • My Commission Ej#w March 8,2000 Mary Jo Abel Notary Public CERTIFICATE 1, Mary A Ribi)mwskis, Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF ARTFORD land AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein :cve set fort`rr is still in fares,and further certify that the By-law and Resolution of the Board of Directors of each corporation printed on the :verse herec: os_4 are still in rex.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations ,is day of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z ' JULY IL dol SEAL: ran 1827 Mary A.Ribikawskis Assistant Secretary .10/1/97) State of California County of `3 On ,., � r�-T ' before me, J Oat* AMI_. 'nTLE OF OF iCEn..-JANE DOE.140TARY PLiBLiC' personally appeared Mane A. Cook NAMES)OF SIGNERS) (. } personalty known to me-OR -(-) proved to me on the basis of satisfactory evidence to be the person($) whose name(s) ishan subscribed to the within instrument and acknowledged to me that It ishelXWexecuted the same in EWhodgw SCauthorized capacity(fito,and that by /herlttttdtit signature(i} on the instrument the person(*), or the entity upon behalf of which the person(o) acted, executed the instrument. VV1 NQS t�tr►d official PAhIi ORAL I CttAN Commi"ion�1338611 Notary Public-California %-'SIGNATURE OF NOTARY Santa Clara County M}'Coram.ExPirs Jan 1 o,tow OPTIONAL - - - 0 W W qp !f 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 PAGES (-A-) ATTORNEY-IN-FACT TRUSTEE(S) {._._.) GUARDIAN/CONSERVATOR (..._) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF P.gRSON(S)QA ENTITY{IES) National Fire Insurance Company R Rartfora SIGNER(S) OTHER THAN NAMED ABOVE G•t07itl�-tl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California y,� � ss. County of �r��^I j On before me, to 14 and Tltla of OMiwr(e.q.," Doe,fdotgy PuWlo� personally appeared r Na a ignertsy Neff* known to me C71 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i re — — subscribed to the within jpstr ent and PANDORA Lul CHAN acknowledged to me that he/s he executed Commission#1338611 z the same in his/her/their authoriz Notary Public-California capacity(ies), and that by his/he eir Santa Clara County signature(s)on the instrument the person(s), or OW Comm,Expires Jan 10,2806 the entity upon behalf of which the person(s) acted, executed the instrument. tITNEmy hand an iciai seal. signature of Notary Pt�fk OPTIONAL Though the Information below Is not raWlred 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 hem ❑ Corporate Officer--Title(s): • Partner—❑Limited ❑General ❑ Attomey-in-Pact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: m 1999 Nadonal Notary A040CMM•9356 De Soto Am,P.O.Box 2462•Chatsworth,CA 91313-2402•www.rtationakmtwy.org Prod.No.5867 Reorder:Gil Toil-Free i-800-SM827