HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-554 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/ 554
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1105 (cross
reference SIS 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 1105 (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: $6,600.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 391840,August 22, 2002
M-cw I hereby certify that this is a true and correct copy of an action
G:1Grpator:EngPublic Workzv-17 oz\RA 1105 B0-16.doc taken and entered on the minutes of the Board of Supervisors on
Ortglnator: Public works(FSi pe
Contact:Teri Ric(313-2363) the date shown.
cc: Public Works-T.Bell,Construction
Current Planning,Cornnirmity Development
T-July 2003 ATTESTED: September 17, 2(02
Shapell hrdustries of Northern California
P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of supervisors and County
100 North Milpitas Blvd.
Milpitas,CA 95035 Administrator
ATT:Sam Worder,Steve Savage&Jim Gold
National Fire Insurance Co.of Hartford
21650 Oxnard street,#600
Woodland Hills,CA 91367 By z Deputy
RESOLUTION NO.2002/5 54
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1105 (cross
reference SjT13 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: 929247991,August 14, 2002
Performance Amount: $655,500.00
Labor&Materials Amount: $331,000.00
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 NO. 2002/554
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code §66462 and 66463)
Subdivision: RA 1105 (x REF SUB 7984) Effective Date:
Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year
CALIFORNIA
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CONI RA COSTA COUNTY SUBDIVIDER: {Name and Title)
Maursce M. Shiu, Public Wor Dir or SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
By: 4VH AA4A {signature} BY: i'L'►'u�'
{print name title)
.C. Truebrict e
RECOMMENDED FOR APPROVAL: Exec. V.P.
VBy: (signature) BY'-"
Engineering Services Divis' n {print name&trtta) Mark W e s t p h
FORM APPROVED: Victor J.Westman, County Counsel Asst. `ecty"
(NOTE:Al 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"Conn ,"and
the above-mentionedu�bdivider; 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,:street lights, fire landscaping, and such other Improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with tf3 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), Ina 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 ru ings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
require meats shall govem.
3. 1 IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $6.600.00 cash,pins additionsl security, in the amount
of_$_,. 655500.00 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.
B. For Pa m nt: Security in the amount of$ 331 000.00 , which is fifty percent (50%) of the
estima€ed 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 furn33hing 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
securittas may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANt OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform setis actorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in acc&dance with Article 36-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
systern
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreerlent. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent
and otY:er pest control and other work determined by the Public Works Department to be necessary to insure establishment of punts.Said
plant ef4ablishment 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 e3 promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in
any re.>pect,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
officer^::agent or employee of the:County indicating the work or any part thereof complies with the requirements of this Agreement,or
accept.ance 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
relievethe Subdivider of his obligation to full this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action.,.or damages arising from the failure to comply with any of the terms and cond€tions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitie benefitted and protected by this promise are the County,and its special district,elective and appointive
board:,commissions,o Icers,agents,and employees.
B. The I ab�iliti s,protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
becaule of actions de Inf ed below,and Including personal injury,death, property damage,inverse condemnation,or any combination of
theseand regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any su€t(s),action(s),or other proceeding(s)concerning
said IiYbilitles and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered
by thirAgreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non- rid tion : The promise and agreement in this section are not conditioned or dependent on whether or not any
indemnitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has insurance
or oth5l indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. SrS?st 9: Subdivider shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County,Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement, and
subsef:luent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherw-49,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
survey..9, 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 Gerrity 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,81ubdivider 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. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included
in tentory 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 0 credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against 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
Subdix=ision.
:kwclap
GAGrpDe4\En98vcTomia1,AG WORD1AG-34Adoc
Rev.May l li,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County ofi�(1<
On �- s26. 26Q>- before me, ,
pate Name and 17ti of officer(e.4.,`Jane Doe,Notary Pu44c")
personally appeared �---
Na
ovally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i re
3
subscribed to the within instr nt and
acknowledged to me thathels a ecuted
PANDORA LUt Ct{AN the same in hislh their author°
Commission!1338611capacity(iss), and that y hislhe heir
Notary Public-California signature(s)on the instrument the person's ,or
MySanta Clara County the entity upon behalf of which the person(s)
Comm`Expires Jan 10,2UOt3 acted, executed the instrument
my hand and official seal.
signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this torm to another document.
Description of Attached Document
Title or Type of Document: i
mp
Document Date: Number of Pages:
Signer(s)Other Than blamed Above:
Capacity(les) Claimed by Signer
Signer's Name:
Haffm
0 individual Top of thumb here
n Corporate Officer—Title(s):
11 Partner--D Limited ®General
C Attorney-in-Fact
0 Trustee
11 Guardian or Conservator
O Other:
Signer is Representing:
01648 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.neftonalmotary.org Prod.No.5907 Reorder.Cali Toll-Free i-SM676.6827
COUNTY OF CON COSTA
DEPOSIT PE IT *
OFFICE OF COUNTY DI CONTROLLER
TO THE TR€ASURER: MARTINEZ, LIF IA
RECEIVED i ROM _
U ANIZATION NUMBER
s; 9 t
(Fore Collectioh Procedures see C unfy Administrator's Bulletin 105.)
DESCRIPTIO,k FUNOJOR+G ACCT TASK OPTION ACTIVITY AMOUNT
Ud�l__Ll� C
t
lyl J )d:J101 Abi-
IL '10A
4.
�Ujvh I I-A z135,6/
N
3
s
fi
8
1 1 IN
1
EXPLANATl 10TOTAL
.� i.
) DEPOSIT
Deposit eoruists of the fr,Ibwing ms
COIN and CURRENCY $
CHECKS,M X ETC. $
BANK DEPOSITS 3
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER �
DATE
ASSIGN 840 AUC?12'02
The a" money described above is for . Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
dep ;)'i,nto thf County T ury. acknowledged.
Signed- Nr `vii to i' Date
g Signed ,'' , Signed: d�
Title. " PLWLEXL c' putt'County Auditor De ' aunty Treasexer
_�•r 11
)-34 REcY.{7-93 y
000649-9665 / 831000: G1093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
j49,920.00, DA 0004 Plan Check
$44,000.00, UA 0004 Improvement Inspection
819800-0800: G1093897, $8,200.t?0, RA 1103 Cash Bond, Shopell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-0800: 61093898, $1,000.00, RA 1104 Cash Bond, Shopell 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: 61093900, 1 200.00, RA 1116 Cash Bond, 5hapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035 /
819800-0800: 61093901, $2,300.00, RA 1117 Cash Bond, Shapell Industries of Northern VI
Ca€ifornia, 100 North Milpitas Blvd, Milpitas,CA 95035
819800-0800: 61033902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther
California, 100 North Milpitas Blvd, Milpitas,CA 95035
819800-0800: 61093903, 11,800.00, 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
813800-0800: 01093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas,CA 95035
819800-0800: 61093906, 177,600.00, RA 1122 (SUB 7984) Cash Performance Bond,,,
Shopell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
819800-0800: 61093907, J54.800.00, 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
000649-9665 ! 831000. 61093858, 500.00, RS 2698 Record of Survey Map Check Fee,
beBolt 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, 19,000-00, RA 1104 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093899, j33,2_§5.00, 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, Shopell
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, J62,178.25, SUB 7984 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093905, X28,147 J, 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
118,834.00, RA 1125 Plan Check
$27,345.00, RA 1125 Improvement Inspection
�v„13,563.00, RA 1125 Landscape Inspection
819800-0800. G1093910, 0-000.00, DA 0004 Cash Band, Shopell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
Subdiv>don: RA-1105,Gals Ranch II,XREF SUB 7984
Bond No.: 929247991
Premium: $3,278.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGIIT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. R .(aT4i oSvBDIyisioN AGRE IF.NT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision RA-1105.Gale
Ranch It,XRF,F AUR 74A4 as specified in the Subdivision Agreement (bight of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OHLIGA`o : Shapell Industries of Northern Califomia.A Division of Shaaeli Industries Inc ,as and
National_Fire Insurance Company of Hartford ,a corporation organized existing wider the laws
of the State of GT ,and authorized to tnm=t surety business in California,
as Surety,bereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Six Hundred Fifty Flve Thousand Five Hundred Dollars and 00/100
Dollars ($ 655,500.00 )for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Three Hundred Thirty One Thousand Dollars and 00/100
Dollars ($ 331,000.00 )to secure the claims to which reference is made in Thle
.XV (commencing with Section 3082) of Part 4 of Division HI of the Civil. Code of the State of
California.
3. CoI+IDrrIONd:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,
his or its beirs, executors, administrators,successors or assigns, shallin all tbings 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 mariner therein specified, and in all respects according to their trine
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.
n t
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.
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 farther 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.
SIGN&D AND SEALED on August 14, 2002 _
Shapell industries of Northem
PRII' CIPAL:Califomia,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford
Addr ss: 100 North Milpitas Boulevard_ Address: 21650 Oxnard Street, Suite 600-4
City: Milpitas Zip: 95035 City:Woodiand Hills Zip: 91367
By: By:
Print !Bane: Natharl Shcipell Print Name: Mar F. Leong
Title President Title: Attomey-in-Fact
By:
Prima Name avid)T- le: M aret L ong, dice President/Secretary
VFwsi' ATAWgD"%* -12A doo
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
CMAPANY 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:} ity of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed herby make,constitute and appoint
Margaret Leong,individually
of Beverly HOW,California
their:true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
and€irtakfts and other obligatory instruments of similar nature
In Unlimited Amounts-
and•to bund them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
ThisPower of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly..adopted,as indicated,by the Boards of Directors of the corporations.
In WNness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 18th day of June 19513
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
' AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
ire
to si
ii REAL � ��i,
'qr
Ir Ado* C/40�
1#17
Marvin J.Cashion Group Vice President
Stat;;of Illinois,County of Cook,ss:
On this 18th day of June 1996 ,before me personally came
Mar,.An J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he reskles in the City of Chicago,State of Illinois;that
he a a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above i ,that he knows the
see84 of said ;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority
gimn by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be ttie act and deed of said corporations.
30
W ARV
PUSt3C
C+a•
My Commission Expires March 6,2004 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
abar a set forth Is stili in farce,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse heW aro still in force. In testim y whereof I have hereunto subscribed my name and affixed the seats of the said ns
this l c day of A,-k Ctk_
CONTINENTAL CASUALTY COMPANY
is NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEA t nu i, cp�
1�►g7 os�
(RevAt M/97)
Mary A. Ribikawskis Assistant Secretary
Authorizing By-Laws and Resolutions
ADOFTED 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
t1w.Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group
Vice President may,from time to time,appoint by written certificates 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 attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior
or Group Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attomey-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
Diractors 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
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
cert`rt'ied 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
tiCompany.
"Article W-=-Execution of Obligations and Appointment of Attorney4n-Fact
Section 2.Appointment of Attorney-in-fiwt.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature andexecutio
n 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 attomey-in-fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Dir<.ctom 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 facasimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and lite 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
certificarte 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."
ADOPT:ED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the.Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective
cortificates of authority,shah have inti power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice PresideM any 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 Attomey is signed and sealed by facsimile under and by the authority of the foikrMng Resolution adopted by the Board of
Dirt-tors of the Company at a meeting duly oiled and held on the 17th day of February,1993.
'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Sec rutary or an Assistant Secretary and the seal of the Corporation 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
Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
State of California
County of
Los Angeles
On `� before me, r-1-4c.-Pi
Oat* NAME, TITLE OF OFFICE "JANE OOE,N TARY PUBLIC-
personalty appeared Margaret F. Leong
NAME(S)OF SIGNER(S)
(x ) personally known to me —OR r (. _} proved to me on the basis of satisfactory evidence to be
the person(x) whose name(:r) is/=subscribed to the within instrument and acknowledged to me that
XX/shel cexecut'ed the same in KWher/ttWXauthorized capacity(l", and that bytWher/tmK
signature{sl on the instrument the person(A), or the entity upon behalf of which the person( acted,
executed the instrument.
� I WITNESS my hand and official seat.
ANN I'4 LAtdT
taamrr bdon#128
Ndcry -C(-,4ift m10 SIGNATURE OF NOTARY
X Los A vmen Canty
' NtyCtyrrmt.Eit#�r ivov17,2rX34 OPTIONAL
Though the data below isnot 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
T)TLES) TITLE OR TYPE OF DOCUMENT
{__ )
PARTNER(S) {_.,) LIMITED
GENERAL
(x) ATTORNEY--IN-FACT NUMBER OF PAVES
(o )
TRUSTEE(S)
GIUARDIAN1CONSERVATOA
(�) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of Rartfor-d
SIGNER(S) OTHER THAN NAMED AF30VE
Q•t47rtd»e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
On August 14, 2002 beforeme, Ann Pellant, Notary Pic
Date Name and Ti6e of btiicar(e.g.,"Jena Doe.Notary Public")
personally appeared
Nama(a) Stgnar(e)
Xpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names)-"isitre
subscribed to the within Instrument and
acknowledged to me that#te{siWthey executed
the same in hisothe their authorized
capacity(ies), and that by *isANWtheir
ANN PELIANT signature(s)on the instrument the persons),or
C.arnmbskx"s#1294M the entity upon behalf of which the person(s)
Nctcay Pt, -G s;tc n1a acted, executed the instrument.
Lcs Angeles C LX'inty
r1rn. rv17. #t� WITNESS my hand and official seal.
Signature of Notary Pub%,.
OPTIONAL
'rhough the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Cather Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer— Title(s):
❑ Partner--❑Limited 11 General
0 Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
0 Other:
Signer Is Representing:
Q t988 National Notary AceocaWn 8350 Do Soto Ave.,P.O.Box 2402•Chatawoith,CA 91313-2402•www.nallonWnotary.org Prod.No.5907 Reorder.Gall Toll-Free 1-804"676.6827