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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-558 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. 2002/558 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1117 (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 1117 (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: $2,300.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840, August 22, 2002 Ta:cw I hereby certify that this is a true and correct copy of an action G.1GrpMta\Engsvc\Bot200219-17-o2\RA 1117 BG-15.doc Originator: Public Works{Es) taken and entered on the minutes of the Board of Supervisors on Contact:Teri Rie(313-2363) the date shown. cc: Public Works-T.Bell,Construction Current Planning,Corrununity Development T Jell 2003 ATTESTED: SEPTEMER 17 2002 Shapell industries 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 Worden,Steve Savage&Jim Gold National Fin Insurance Co.of Hartford 21650 Oxnard Street,#600 Woodland FIills,CA 91367 BY_ ,Dtputy RESOLUTION NO.2002/ 558 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1117 (cross reference SUB 7984), for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) BATE: September 17, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247993,August 14,2002 Performance Amount: $231,800.00 Labor&Materials Amount: $117,100.00 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. 20021558 SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and 966463) Subdivision: RA 1117 x REF SUB 79841 Effective Date: "► Sub 'wider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THEE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CWTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Mauroe M. Shiu, Public WorksDir Eto SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA v B > + (signature) BY: By: (print nam®rtTitTaT /J .C. Truebrld REQ )MMENDED FOR APPROVAL: E xe V.P. P" By: (signature) BY. Engineering Services Divisi (PAM-1,116) Mark Westphal Asst. Srecty. FORt<4 APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§913.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup ,"and the al;6ve-mentioned Subdivid r,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 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 th;e Centra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete Bald work and improvements(hereinafter called"work°)within the above completion period from date hereotas required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accoreancs with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and ruings made thereunder:and where there is a conflict between the Improvement plans and the County Ordinance Code,the stricter requW'ments shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the CrJnty Ordinance Code,provide as security to the County: A. For Performance and Guarantee; $2.304.00 cash,plus additional security, in the amount of �$�: X31 800 00 which together total one hundred percent(100%)of the estimated cost of the work. � Such iddltional 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$ 117,100.00 , which is fifty percent (50%) of the estimsted cost of the work. Such security is presented in the form of: Cash,certified check,or cashlees 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 furni:thing 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 securi*i s may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY JF WORK. Subdivider guarantees that said Wv,K shall be free from defects in material or workrr€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 dxfects 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 systerl. 6. 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 otter pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At thio discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPR V MENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work tis 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 respect,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 accep-mrice of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve;the 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 board-.3,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened becat$a 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 imprc<Iemerd plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liAbilities and claims. C. The actions causing liabill are any act or omission(negligent or non-negligent)in connection with the matters covered by thif 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 Inderrnitee has prepared,supplied,or approved any plans)or specification(s)in connection with this work or subdivision,or has insurance or otf#)r indemnification covering any of these matters,ort at the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. T : 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 Cour y Road before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified In this Agreement, and subs quest extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or othervAse,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surve rs,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 C>unty 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,iSubdivider agrees to pay all attomey's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subd€eider 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 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 benefsolary 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€-Asion. :kwlap G:%GrP[Vta\En svc\Foffm\AG W0RDVAG-30Xdoc Ray.Mer t 8 ,2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of t7 t On .2019.1— before me, Wit? bats ! �''�/� Name a Me of t�fforry,(e�.g.."Sane Don,Notary Public`) personally appeared ...i v -, +g&I(r`L';l� ��711� 1— , Nama(ener(a) JM rsonally known to me © proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ' are subscribed to the within instrument PANDO(04 LUl GRAN acknowledged to me that he/s y xecuted Commission*1338611 Z the same in his/he ei uthorized Notary Public-California capacity(ies), and that y his/he e( Santa Clara County signature(s)on the instrument the person , r My Comm.Expires San 10,2006 the entity upon behalf of which the person(s) acted,executed the instrument. I ESS my hand and official seal. Signature of Notary Pu k OPTIONAL Though the Information below is not required by law,It may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this fort to another document. Description of Attached Document `y Title or Type of Document:� t C l�l�M t`P� ��h C� ��1�In t d�) s Document Date: leb) Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—T tle(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9950 Do Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natlonalnotary.org Prod.No.5907 Reorders Call Toll-Frog 1.800.878.8827 COUNTY OF A DEPOSI —)OFFICE OF COUNTYTROLLER TO THE TREASURER: MARTINEZ RECEIVED FROM {cd ,l NIZATION NUMBER (Fortkactioh Procedures see C nfy Administrator's Bulletin 105.) DESCRIPTIgN FUND/ORG. UB, TASK OPTION ACTIVITY AMOUNT w 60 I IT/V IP14 1,C K PL lh&1,r)T. � ' LAE 1/1 } CI A 1 1, t I I b 1. A,6 61 Di ILI T - J, 1. 1 i �Al , t�6 , 9&1- I I lid 11, 11 1 1 1 1 1 1 1 1 1 i i EXPLANATK TOTAL $ t. }/ J o DEPOSIT Deposit consists of the following gems COIN and CURRENCY $ .CHECKS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DR. NUMBER DATE ASSIG4%1840 N ?210: The amount tt:"money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep sii:nto 1W County F ury, acknmvled j: �1 j Signed.L- r ' [late �r $31 _ ' r j )) //� Signed:s j: Signed: Title: . Lt tXT. y' ty County Auditor Depu unty Treasurer -34 REV.(7-43) ' 000649-9665 { 831000: 61093910, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 $49,920.00, QA 0004 Plan Check $44.000.00, DA 0004 Improvement Inspection 819800-0800: 61093897, 8200.00, 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 v/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093899, b600.00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093900, jjgOO.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Mil it �iprFas-GQ_955035 819800.0800: G 93901, 2 300.00, RA 1117 Cash Bon , Shapell Industries of Northerni- California, 100 N Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond, Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093903, $1,800.90, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093904, $26.900.00, SUB 7984 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093905, $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, $54.800.90, 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: 01093888, 500.00, RS 2698 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526, 000649-9665 / 831000: 61093889, 500.00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc,, 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, 120.166.00, RA 1103 Landscape Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093898, X8,000.00, 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, JA,268.00, RA 1116 Landscape Inspection, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093901, Ii4.0134.50, 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, 111,388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093904, $62,17$.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, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 01093908, $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 X18,834,00, RA 1125 Plan Check $27,345.00, RA 1125 Improvement Inspection $13.563.00, RA 1125 Landscape Inspection 819800-0800: G1093910, 19,000.00, DA 0004 Cash Bond, Shopell Industries of Northern ZZ California, 100 North Milpitas Blvd. Milpitas, CA 95035 Subdivision: RA-1117, Gale Ranch II,XREF 7984 Bond No.: 929247993 Premium: $1,159.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREENTENT (Performance,Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 3DIVISION AGRF.Er QK: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision �117. ale ,anch IL XRREF 7 g3,; - as specified in: the Subdivision Agreement (Right of Way Landscaping), and to -' complete said work within the time specified for completion in the Subdivision.Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions <' for filing of the Final Map or Parcel Map for said Subdivision 2. O$LIcyATTG3N. Shapeii Industries of Northern California,A Division of Shaaell Industries. Inc. ,asPriaocaal,and National Fire In�I,ranoe Campaanv of Hartford a corporation organized existing under the laws of the State of CT ,and authorized to transact surety business in Califomia, as Surety, hereby jointly and severally bind ourselves,our hews, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Two Hundred Thirty One Thousand Eight Hundred Dollars and 00/100 Dollars ($ 231,800.00 �for itself or any city assignee under the above County Subdivision Agreement, plus B. payment: One Hundred Seventeen Thousand One Hundred Dollars and 00/100 Dollars ($_11L,100-00 )to secure the claims to which refte is made in'IitIe XV (commencing with Section 3082) of fart 4 of Division III of the Civil Code of the State of California. 3. Ccs, Drrm: 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, shallin 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 voids 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 successfir.Ily enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unerriployment 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 fart 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 perfarmed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. S1q ED AND SEALED on August 14, 2002 Shapell Industries of Northern PRM.-CEPAL: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 City: ;Milpitas zip; 95035 City:Woodland Hills ]� 'p: 91367 By: By: ` Print ame: Na an ShapeEl Print Name: Margr F. Leong Title: President Title: Attorney-in-Fact By: Print'Name and 4: Marcaret Leo g, Vice President/Secretary :MWXTwsnvLA=ATa�n.c. ��axw -12Aao 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 cor0oration(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 Individually of Beverly Hills,California _-- there 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, un ce takings 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€'ie 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, du[N� 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 cortorate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA July 31, SEAL 1897 Na Marvin J.Cashion Group Vice President Stats of Illinois,County of Cook,ss: On this 18th day of June 1998 ,before me personally came MapAn J.Cashion,to me known,who,being by me duly swam,did depose and say:that he resides in the City of Chicago,8%%of Illinois;that ha';a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AM5-;RICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above Instrumentthat he knows the sea€3 of said ns;that the seats affixed to the said instrument are such corporate seals;that they were so~pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be#lie act and deed of said corporations. Ptla1� My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1,Mary A. Ribikawekis,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 ax�a set forth is still in force,and further certify that the By-Law and Resolution of the Board of Direct=of each corporation printed on the reve'se hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this ofAu o c,t CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA _ r � JULY 31. U SFJri. ie1t7 4k' 4 C�" Mary A. Ribikawskis Assistant Secretary (Rev.107 1197) State of California County of Los Angeles On 0 before me, A Vl n -r t t i f6t Oaf* NAME. TITLE OF OFFICER.. .LANE OOE.NOT Y PUBLIC' personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (.A-) personally known to me—OR— (-,_-) proved to me on the basis of satisfactory evidence to be the person(30 whose name(A) islzt subscribed to the within instrument and acknowledged to me that Mtshel3bWexecut®d the same in 0ds4her/3ttelttauthorized capacity(le01, and that byzwher/tttt signature(.A an the instrument the person(s), or the entity upon behalf of which the person( acted. executed the instrument. .� WITNESS my hand and official seal. ANN PELLANT No'srry Pib tz-w C. CM fa SIGNATURE OF NOTARY Lm Anes County - 00mm Novt7,2M+i 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($) () LIMITED (� ) GENERAL (x) ATTORNEY-7N-FACT" NUMBER OF PANES ( ) TRUSTEE(S) {_ �} GUARDIANICONSERVATOR (�.) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING:, NAME OF PERSONS) OR ENTITYQES) National Fire Insurance Company of Rartfor-aSIGNERS) OTHER THAN NAMED A13OVE Ci-F 47a2A-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On me before me, ` eats Naand a te.9..',,ane ,NbtanrPbllcT personally appeared Nathan Shapel 1 and Margaret Leong Name(s)of Signer(s) 'personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that 4iefef3elthey executed the same in 4W4erltheir authorized capacity(ies), and that by -hW4w;(thelr PLLLANT signature(s)on the instrument the person(s),or ANN P I i 4= the entity upon behalf of which the person(s) Not tryPL p ` cxv +► acted, executed the instrument. M,CbmmB#es Nov17, WITNESS my hand and official seal gnature of Notary Pubtk OPTIONAL Though the information bebw Is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: - Document Date: Number of Pages: Signers)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: D Individual Top of tntnb here O Corporate Officer—Title(s): D Partner—D Limited D General D Attomey-in-Pact D Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: 0 1999 National Notary Association+9550 Do Soto Ave.,P.C.Box 2402+Chatsworth,CA 913132402+www.nationalnotary.org Prod.No.5907 Reorder.call Toll-Prea 1-800.878.8827