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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-556 Tj 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: bone ABSTAIN: None RESOLUTION NO.2002/ 556 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1116 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley)area. (District M) The following document was presented for Board approval this date for RA 1116 (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: $1,200.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840,August 22, 2002 TRxw I hereby certify that this is a true and correct copy of an action G:\GrpData\Enssvcvso\2002\9-17-02\RA 1116 so-16Aoc taken and entered on the minutes of the Board of Supervisors on Orlglnaior: Public Works(ES) {Dated:Teri Rie(313-2363) the date shown. cc: Public Works-T.Be11,Construction Current Planning,Corranunity Development T-July 2003 ATTESTED: SEPTEMBER 17 2002 Shapell Industries of Northern California P.O.Box 361169 JOHN SWEETEN,Clerk of the Board of Supervisors and County 100 Nortb Milpitas Blvd. Administrator Milpitas,CA 95035 ATT:Sam Worden,Steve Savage&Jim Gold National Fire Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 BY � Deputy � a y RESOLUTION NO.2002/ 556 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1116 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District IIT) DATE: September 17, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247995,August 14, 2002 Performance Amount: $120,300.00 Labor&Materials Amount: $60,800.00 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. 2002/556 SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and 966463) Subtlivlsion: RA 1116(x REF SUB 7984L Effective Date: Sub('1vider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THE��E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Dire for SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA r By: (signature) BY: (print name&title 4.0 T r u e b C 1 d g e BEC€7MMENDED FOR APPROVAL: x e c. V•P. By: YAA (signature) BY' Engineering Services Di i n (print name le) Ma iW West: FORT4 APPROVED: Victor J.Westman, County Counsel Asst. S e C t Y- (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 ah:ove-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,jstreet lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereo€;as required by the California Subdivision Map act(Government Code§§66414 and following),in a good workmanlike manner,in accoriYance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and fuings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the Ccanty Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $1 200.030 cash,plus additional security, in the amount of $__120.300.00 which together total one hundred percent(100%)of the estimated cost of the work. � Such 3dditiona security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its coMPletion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 60.800.0.0 , which is fifty percent (50%) of the estimal,ad cost of the work. Such security is presented in the form of: Cash,certified check,or cashler'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 fumi<3hing 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 securIS3s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workt7anship 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 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 syste<,n. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent and gther pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant astabiishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At tla 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 es 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 r:aspect,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 accgAance 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 relieya 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 indemrnti ss benefitted and protected by this promise are the County,and its special district,elective and appointive boarzls,commissions,o icff ers,agents,and employees. B. The Iiabilitle protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened bece€ se 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 impa vement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said iabillties and claims. C. The actions cgusing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by the Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any Inder€mitre has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has Insurance or ottser indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of arra Indemnity. 9. CO sTS: Subdivider shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities requt'ed thereby. 10. US RVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the Coursty Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. 1 NON-PERFORMANCE AND COSTS: If Subdivider 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 othep vise,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,inspection, surveys,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 County 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 Sut'divider 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. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in ter:<itory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letterof credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party bene€iciary 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 Subal"vision. :kwaap WGrpr:ataTjVSvc\Fortns\AQ WORMAO-30A doc Rev.May Is,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On � pcs before me, Data Name and Title cer(e,g.,"Jane Doe,Notary Public") personally appeared 1 = Name(a)of S"r(e) 9r �*sonally known to me f� proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 111ED subscribed to the within insta^ent PANDORA LUl CRM acknowledged to me that he/ s a xecuted Commission 01338611 the same in his/h th autho�thelr ca acit ies and that b his/h Notary Public California P Y( ), Y Santa Clara County signature(s)on the instrument the person M,CAxnm Expires Jan 10,2006 the entity upon behalf of which the person(s) acted, executed the instrument. 73E my hand and ictal seas. Slgneturo�f Nmary 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: l t a r EA M .r e 1P44 r-4Vy"or 4 z� taa,�C� Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: d Individual Top of thumb here ❑ Corporate Officer—Title(s): El Partner—❑Limited Cl General © Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:_ a 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 www.notionninotery.org Prod.No.5907 Reorder:Call Toll-Fres t-8070.87&5827 COUNTY OF CON COSTA DEPOSIT PE T OFFICE OF COUNTY DIT -CONTROLLER TO THE TREASURER: MARTINEZ, LIF IA RECEIVED f ROM -- ( ) O ANIZATION NUMBER C ' (For a Collection Procedures see C n(y Administrator's Bulletin 105.) DESCRIPTIgN FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT A)T, LA7 �C) x o D! s C ss � . AM C EXPLANATI+7 ,{�^ TOTAL $ I. V t,-J DEPOSIT Deposit consists.of the following Items COIN and CURRENCY $ '' CHECKS,KO,ETC $ IS BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATE ASIGI 1840 The amount,-,.f money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby clepgisilnto thr County T urY• acknowledged Signed l � , y' :rdNt+".Dots{ Signed: Signed; Title: I '; ,Q� (EXT. "` :n puiyCounty AuAtor DeputyCounty Treasurer -34REV.i7-43j 000649-9665 1831000: 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, $8,200.00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093898, $1,000.00, RA 1104 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093899, jAQ00.00, RA 1105 Cash Bond, Shapell Industries of Northern v/`f California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond,. Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: 61093901, 2300.00, RA 1117 Cash Bond, Shapell Industries of Northerner' 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 V/ 819800-0800: 61093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093906, $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. , 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 819800-0800: 61093910, 000,00, DA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 / 831000: 61093888, $500.00, RS 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Manville,CA 94526 000649-9665 / 831000: 61093889, 1500.00, 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, 1§,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 j19.00, RA 1122 landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 f 831000: 61093903, 111.388.50, RA 1125 Landscape Inspection, Shopell 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, j28,147.00, PA 0003 landscape Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 / 831000: 61093908, 148,554.89, 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 Subdivision: RA-1116,Gale Ranch It,XREF SUB 7984 Bond No.: 929247995 Premium. $602.00 IMPROVEMENT SECURITY BOND FOR P'tIBLIC]RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. ti WA gF StUBpjLIjc,fit AGit=F.NT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA•111S.Gale „,b,s xapF se Ig 79M as specified in the Subdivision Agreement of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. 0S GATION: Sha ell industries of Northern California,A Division of Sha it In u tries 111c, ,asPri>acipal,ani National Fire inguanca Corny of Hartford ,a corporation organized existing under the laws of the"tate of CT ,and authorized to transact surety business in Catifomia, as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. perforp=ee and Guarantee: One Hundred Twenty Thousand Three Hundred Dollars and 001900 Dollars($ 920,300.00 for itself or any city assignee under the above County Subdivision Agr t, plus , B. Payment: Si�housand Eight Hundred Dollars and 00i900 Dollars($ 60,800.00 )to secure the clams to whichreference is made in We XV (commencing with Section 3082) of Part 4 of Division. III of the Civil Code of the State of California. 3. C, nTri®rr• 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 Hill 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 icluded 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 fimrther 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 14, 2002___ Shapeii industries of Northern P CIPAL:California,A Division of Shapeli industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard_ Address: 21650 Oxnard Street, Suite 600-4 CityAilpltas Zip. 95035 City:Woodland Hills Zip` 91367 By: By: Print Dame: Na n Shape{I Print Name: Mar ar F. L Title:'` president Title: Attorney-in-Fact By:_ Print Iv<ame and Ti M garet Bong,Vice President /Secretary \NMIM�aTa s �mJ. x 12A do POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE C .-OPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duty organized and existing corporations having their principal offices in thy: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, Individually Of:. Beverly Hilts California thr true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, unf�bsr takings and other obligatory instruments of similar nature -In Unlimited Amounts air:to bind 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 he 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, dul»adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their cor#)orate seats to be hereto affixed on this 113th day of June 1958 ott�o=wi CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA SEAL V• y i eY7 die \ Marvin J.Cashion Group Vice President State of Illinois, County of Cook,as: On this Ift day of June 1998 ,before me personally came Mein J Cashion,to me known,who,being by me duty swom,did depose and say:that he resides in the City of Chicago,State of Illinois;that he Iva a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AM.r;RICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the sesta of said corporations;that the seats affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority givr:n by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be t. e act and deed of said corporations. p OUC My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 3,Mary A Ribikewskis,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 above 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 herpof are still in tproe.In testimony whereof I have hereunto subscribed my name and affixed the seams of the said oorporations this day of cit G7c c�" CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA * /Z nn r, -4Y2� j�rC,j J>; CIO 3IrAl Mary A.Ribikewskis Assistant Secretary (Rev.16.1197) State of California County of Los Angeles j ,c On before ma, fJais NAME. TITLE OF OFFICER.."JANE DOE. CITARY PUBLIC* personalty appeared Margaret F. Leung NAME(S)OF SIGNER(5) (-K-) personally known to me –OR-- (____) proved to me on the basis of satisfactory evidence to be the person(jo whose name(s) is/Ugsubscriber! to the within instrument and acknowledged to me that NA/sheIZWexecuted the same in Ne0er/tt caluthorized capacity(i#5J, and that byu's`/her/~ signature(Ij on the instrument the person(A), or the entity upon behalf of which the person( acted. executed the instrument. WtTNE my hand and_�fticial seal. ANN PELIANT ci.A rirr': }4 d1 1ti7 J.iL s` N01. SIGNATURE OF NOTARY L �,rt Cr witty MyCcsrx+r�. op-nONAL 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 (..-) ATTORNEY-IN-FACT TRUSTEE(S) {�) GUARDIAN/CONSERVATOR {� .) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company o?Rantoro SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. August 14, 2002 Ann Pellant, Notary Public On before me, , Data Name and Title of Officer{e.g.,`Jana Doe,Notary Publk"j personally appeared Nathan Shapel l and Margaret Leong =- Name(s)of Slgrw(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) tis/are subscribed to the within instrument and acknowledged to me that hey executed the same in -*44►erttheir authorized capacity(ies), and that by +Wher/their ANN PEI tAN C signature(s)on the instrument the person(s), or Commis an#1284M the entity upon behalf of which the person(s) flodcxy i ,ry.,_Ck'{; i acted, executed the instrument. ' Los AngtNm minty &V -EspirMNOV t7=4 WITNESS my hand ando icial sal SoWure a Notary Publk OPTIONAL Though the information below is not required by law,it may prove valuable to persons reMng 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 h®re ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General 0 Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 Ds Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No,5907 Reorder:CaH Tog-Free 1-900-875-5827