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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-553 � tip ell 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 2002/553 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1104 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for RA 1104 (cross reference SUB 7984), located in the San Ramon area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840,August 22, 2002 TR,c" I hereby certify that this is a true and correct copy of an action G:1GrpDatalEngSve1B01200219-17-02\RA 1104 BO-16.doc Originator: Public Works(Es) taken and entered on the minutes of the Board of Supervisors on Contact:Teri Rio(313-2363) the date shown. cc: Public Works-T.Bell,Construction Current Planning,Conmamiry Development T—July lIndus ATTESTED: September 17, 2002 Shapell Industries of Northern California P.O.Box 361169 JOHN SWEE EN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd. Milpitas,CA 95035 Administrator ATT:Sam Warden,Steve Savage&Jun Gold National Fire Insurance Co.ofHartford 21650 Oxnard Sheet,#600 Woodland Bills,CA 41367 By - � ,Deputy RESOLUTION NO.2002/553 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1104 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE. September 17, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247996,August 14, 2002 Performance Amount: $99,500.00 Labor&Materials Amount: $50,300.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 20021553 SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and 966463) Subdivision: RA 1104 (x REF SUB 7984) Effective Elate: Subs'ivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THEE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: C ,TRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shlu, Public Works Dirac r SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA By: _ (signature) BY: (print name lit]VJ-C. T u£b t RECOMMENDED FOR APPROVAL: Exec. V.P. By: (signature} B ' Engineering Services Di isi n (print name&title) Mark Westphal FORM APPROVED: Victor J. Westman, County Counsel Asst. S e c ty. (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called "Coon ,"and the abbve-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2 IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements, signs,14treet lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the impro<oment pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereofas required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accorc-ance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rt#>ings made thereunder, and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirtnents shall govern. 3• LNER+QVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the Cts<jnty Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $1-000.00 cash,plus additional security, in the amount of_$ 99.544.00 which together total one hundred percent(100%)of the estimated cost of the work. Such,additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. I . For Payment: Security In the amount of$ 54 300.00 which is fifty percent (50%) of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnl>;hing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securitf3s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTi JF WORK. Subdivider guarantees that said w—K shall be free from defects in matcriai or workr'anship and shall perform satisfactorily for a period of one-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. Subdivider agrees to correct, repair,or replace,at his expense, any d3fects 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 syste-M. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agre&.ment. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent and oiher pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant f.istablishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supwylsors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any rirspect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/or materials or statement by any office€., 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 relievo the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The 11 big lities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened becu.-ze of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these::and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said impra ement plans or accepted the work as complete,and including the defense of any sult(s),action(s),or other proceeding(s)concerning said i#abilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. N n- n liti : The promise and agreement in this section are not conditioned or dependent on whether or not any Indere nitee has prepared,supplied,or approved any plan(s)or specifications)in connection with this work or subdivision,or has insurance or otitar indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. QOSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities requit.ad thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the Couna y Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified In this Agreement, and subsequent extensions, or ails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherMse,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,Inspection, survrs,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,In the event the Ckrunty proceeds to complete and/or,maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATIO ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included In terr tory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party benef,ciary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subd€rision. :kvrlap' GAGrpMta\EngSvdFomw\AG WORMAG-30A.doc Rev.M"18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On before me, i✓©1�j�� I Date Name and I% offer(e.g.,".lane Doe,Notary Pubk*) personally appeared 7 t - Name(s)of Sit ner(s) Elop'nwisonally known to me e proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i are subscribed to the within inst nt and � a a s a .®�• PANM;O LUi acknowledged to me that he/ xecuted Commission#1338611 the same in his/h their authors Notary Public-California > capacity(ies), and that by his/h eir Santa Clan County – signature(s)on the instrument the persons,or MY .EXOMS Jan 10,2Q06 the entity upon behalf of which the person(s) acted, executed the instrument. ITN my hand and official seal. Signature of Notary Pubo 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: t - �,f k It � P isitg ' 1 `fDocument Date: Number Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Cl Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natlonalnotary.org Prod.No.5907 Reorder:Cog Toll-Pres 1.504876-8827 COUNTY OF C'C!!�&A COSTA DEPOS11 PE IT " OFFICE OF COUNTY DIT -CONTROLLER TO THE TREASURER: MARTINEZ, LIF IA RECEIVED FROM dryt O ANIZATION NUMBER. 't ' (For Collect"Procedures see C fy Administrator's Bulletin 105.) DESCRIPTIgk FUNDJORG. SU TASK OPTION ACTIVITY AMOUNT [A Ila t 1-111 r k 4 101 IanLLNe61 016o l c) 0 J'a.14,14A .� 3►� L .1 O 62 3, f ; r' r If _ r r - r TOTAL EXPLANATNf7 ,r^C- ~ C G• DEPOSIT ° / Zi Deposit consists of the following Iterns, CONN and CURRENCY $ ' CHECKS,KO,ETC. $ s BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER . DATE ASSG 840 AUG 22 WJ The amo az money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep s41:nto County T ury, acknowledged Signed f >+ , { Pvly :fDatat/ s, )) Signed: j Signed: ( ' � `itle:� �� �L Vt...tXT. :� � � eputy County Auditor Deputy.County Treasurer -34 REV.d7-931 j 000649-9665 / 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: 61093898, t1,000.00, RA 1104 Cash Bond, Shapell Industries of Northern,/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 01093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,.CA 95035 819800-0800: 61093901, 2 300.00, 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: 61093903, $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: 61093905, $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/ orthern ,/� California, 100 North Milpitas Blvd. Milpitas, CA 95035 i/ 000649-9665 / 831000: G1093888, M.00, RS 2698 Record of Survey Map Check Fee, McBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Manville, CA 94526 000649-9665 / 831000: 61093889, $500.00, R5 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, 120,166.00, 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 / 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, Shapes) 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,$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 Gash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, GA 95035 Subdivision: RA-1104,Gain Ranch 11,XREF SUB 7864 Bond No.: 929247996 Premium: $498.00 ImTRoYEMENT SECURITY BOND FOR'MLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463)_ 1. Z C TRL F St. Dlv SIGN Ad;REEMEN : The Principal has executed an agreement with the County to install �md pay for public right of way landscaping, and other related improvements in Subdivision RA-11Q4.ceie ttan b itJB1 &72aa as specified in the Subdivision Agreement (Right of'Way Landscaping), and to complete said work within the time specified for completion in the Subdivision.Agreement(Right of Way mdscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. +C)BLGATIt3Nt ShapeH Industries of Northern Caiifomia.A Uivisicsn of 5ilaceii Industries, Inc. ,asPrihij4 Wci ignal EirILjnIUraaQeLQgmI2any of Hartford ,a corporation organized existing tinder the laws f the State of CT ,and authorized to transact surety business in California, a3 Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and asigns to the County of Contra Costa,California to pay it: A. Performanee and Guarantee: Hine Nine Thousand Five Hundred Dollars and 001100 Dollars($ 99,5Q0.00 __3 for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Fifty Thousand Three Hundred Dollars and 001100 Dollars($ 50,300.00 )to secure the claims to which refs renc a 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. ? N. A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal, his or its firs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly beep 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 enfbrcing 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 respectto 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 bolds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 14, 2002 Shapeli Industries of Northern PILIN€rIPAL:Califomia,A Division of Shapeli Industries,Inc. SURETY: National Fire Insurance Company of Hartford Addreim 100 North Milpitas Boulevard_ Address: 21650 Oxnard Street, Suite 600-4 City: IIAilpitas Zip: 95035 City.-Woodland Hills ®Zip: 91367 By: By: Print rfame: Nath ShapeliPrint Name: M rgar�t F. Leong Title: PresidentTide: Attorney-in-Fact By: Print Name and Tit : M aret Leo g, Vice President JSecrgt:ary \TftI ABDATAWgD*A%%6 1BNw 12A.&C Authorizing By-Laves and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the#Vompany. "Article IX---Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations "set forth in their respective oertifioates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dir+ .tors of the Company at a meeting duly called and held on the 17th day of February, 1993. - 'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be Affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or in Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This<Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the f ompany. "Article Vl---Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-in-fact.The Chaim-tan of the Board of Directors,the President or any Executive,Senior or Group /ice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory Instruments of like nature.Such attomeys-irrfact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dire Aom of the Company at a meeting duly called and held on the 17th day of February, 1593. *Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or �erti44oate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and oinding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,1953 by the i~ioard of Directors of the Company. 'RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time 0 time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, ;undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth kr their respective ..wrtificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach ,:tie seal of the Corporation theiretc.The President,an Executive Vice President,any Senior or Group Vice Preeklent or the Board of Directors ,ay at any time revoke all power and authority previously given to any Attorney-In-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Direr,.Aors of the Company at a meeting duly called and heli on the 17th day of February, 1953. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of '..he Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17,1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile kb any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or Ondertaking to which it is attached,continue to be valid and binding on the C POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the:City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint .Margaret Leong,Individuals of Beverly HRls,California their true and lawful Attomey{s}in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, unertakings and other obligatory instruments of similar nature -In Unlimited Amounts- — and to bind them thereby as fully and to the some extent as if such instruments were signed by a duly authorized officer of their corporations and all to acts of said Attorney,pursuant to the authority hereby given are hereby ratified 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, dugs adopted,as indicated,by the Boards of Directors of the corporations. In W tress Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their cog)orats seals to be hereto affixed on this 18th day of June 1998 CONTINATIONAL TALFIR CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA i SEAL rr /�i` ► i V Marvin J.Cashion Group Vice President State of I inoi s, County of Cook,ss: (On this 18th day of June 1998 ,beton me personally came Mar<An J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he ii a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMVRICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above Instruments that he knows the sevLa of said corporations;that the sealls affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority giveFr by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges some to be#4 act and deed of said corporations. q� KpTltRti' P Muc My Commission Expires March 6,200 Mary Jo Abel Notary Public CERTIFICATE Mary A.Ribika"Ids,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Pourer of Attorney herein abovtr set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony.whereof i have hereunto subscribed my name and affixed the seals of the said corporations this qday of CONTINENTAL CASUALTY COMPANY a 40 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA AKY 3. DSEAL Mary A. Ribikawskis Assistant Secretary (Rev.110f,1/97) State of California County of Los Angeles ff [ /' On � ` t before me, L'"1 Y] {Gd Ir c t I C- . Cats NAME, TITLE OF OFFICER..'JAMIE CCOE. CTARY PUBLIC- personally appeared _ Margaret F. Leong NAME(S)OF SIGNER(S) {x ) personally known to me—OR — (.,_.-) proved to me on the basis of satisfactory evidence to be the person(4 whose nameN) ls/UK subscribed to the within instrument and acknowledged to me that WsheAbeaKexecuted the same in*isther/xwxauthorized capacityC*", and that by '/her/tt signature{ij on the instrument the person(A), or the entity upon behalf of which the person{O acted, executed the instrument. WITNE my hand and official seal ANN PELLANT i..ommT,l. ,n#t 3 21!�&`42 trfcP p'f`' - = t�=ettlCy StGNATUf3 OF tiC}fAF4Y tAgrC .� st3ovt7. 4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL {�) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) { } LIMITED GENERAL { ) ATTORNEY IN-FACT NUMBER O PAGES { .o ) TRUSTEE{S} GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company o art or SIGNER{S} OTHER THAN NAMED A80VE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angel es _— August 14, 2002 Ann Pellant, Notary Public On before me, Date Nerna and TiBa of oPticar(e.g.,"Jana paf,Notary PutfmC7 personally appeared Nathan 5hapel l and NMaatrgare�at. Leos = )'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that-he/ahelthey executed the same in N~their authorized capacity(les), and that by *Wherftheir signature(s)on the Instrument the person(s),or ANN PEDANT the entity upon behalf of which the person(s) Comr hslon#1284332 acted, executed the Instrument. v icy AntWes C.rw WITNESS m hand and official sal. WC,orrrm,l Nov 17, X'34 $ignattxa of Notary PL4 C OPTIONAL hough the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Mages: --- -- Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: CJ Individual Top of thumb here ❑ Corporate Officer--Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 19M National Notary Assaeiatton•9$50 pa Soto Ave.,P.O.Box 2402•Chatsworth,CA 69313-2402 9 www.nadlonWnotary.org Prat.No.5907 gorier:Cam Tom-fres 1-600.876.6827