HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-561 0, /f
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/ 561
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1122
(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 1122 (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: $19,800.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 391840,August 22,2002
TR cw I hereby certify that this is a true and correct copy of an action
l � ( )Oz\xA 1122 so 16.d�or imforr: PubblVor EStaken and entered on the minutes of the Board of Supervisors on
Contact:'Teti Ric(313-2363) the date shown.
cc: Public Works-T.Bell,Construction
Current Planning,Comnwnity Development
T—July ATTESTED: SEPTEMBER 17 2002
Shapell Industries ofNorthern 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 Fire Insurance Co.of Hartford
21650 Oxnard Snort,#600
Woodland zing,CA 91367 By r �� ,Deputy
RESOLUTION NO.2002/ `
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for R.A. 1122
(cross-reference SUB 7984), for subdivision being developed by Shapell
Industries of Northern California, San Ramon (Dougherty Valley) area. (District
III)
DATE: September 17, 2002
PAGE 2
IL Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929247989,August 14, 2002
Performance Amount: $1,956,600.00
Labor&Materials Amount: $988,200.00
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. 2002/561
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 86463)
Subdivision: RA 1122 (x REF SUB 7984) Effective Date:
Suk livider: SHAPELL INDQSTRIES OF NORTHERN Completion Period: 1 year
CALIFORNIA
THEME SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
CQ 'RA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public Works Dire for SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
By: t 4 "_ 111t BY:
(print nano I *) J.C. Truebr f d
REC -)MMENDED FOR APPROVAL: Exec. y.P
By: BY'
Eng0lisering Services D' i on CorirN earn&04) Ma t e e tph
FORMAPPROVED: Victor J Westman, County Counsel Asst. Sect:y
(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&MATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup ,"and
the ate-`w -mentioned 5ROLAgel,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
impro ment plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with thyi 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
hereof!as required by the California Subdivision Map act(Government Code§§66410 and following),in a ood workmanlike manner,in
accor�€�nce 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
require'0ments shall govern.
3. iMPROVEM NT_SECUBITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the Co,jnty Ordinance Code,provide as security to the County:
A. For Performance and guarantee: $19,800.00cash,plus additional security,in the amount
of $ 1 966 0 which together total one hundred percent(100%)of the estimated cost of the work. Such �
additlotial securlty is presented in the Form-57-
Cash.
: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:,tint,: Security in the amount of$ 988,200.00 which Is fifty percent(50%)of the estimated
cost of'he work. Such security is presented in the form of:
Cash,certified check,or cashier's check
5 i Acceptable corporate surety bond.
e Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furniw-Iting 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
securities 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
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in ad,ordance 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.
b. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agree)went. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent
and rrther:pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
piantestablishment 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
workas 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
office�sr, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acca0tance 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
actioO for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions, officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
beca£ 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
impreuement plans or accepted the work as complete,and including the defense of any sult(s),action(s),or other proceeding(s)concerning
said<labilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered
by tha$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
Inden-nitee has prepared,supplied,or approved any pian(s)or specification(s)In connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,ort at the alleged damage resulted partly form any negligent or willful misconduct
of ank Indemnity.
9. Tom: Subdivider shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities
requ€.'ed thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
Cour€iy Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCg AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement,and
subsequent extensions, or fair to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,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 Gunty 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 Subdlvider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Sub&€eider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Hoard of Supervisors accepts the work as complete,the subdivision is included
in territory 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 clary 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-:vision.
Awlap'
GAQrpMAa\En9Svc\Forrre\AG WORMAG.30AAw
Rev.Mai 1 e,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
S&
County of _tom€�~� _ '
Onbefore me,
at0 e Name and Itle of Officer(e.g.,'Jane Dogs,Notary Public')
personally appeared ��E'tli7 � a +'?1"T�4 - ✓ -e-- ,
Name(s)of Sig er(a)
sonally known to me
rf proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i
subscribed to the within Finstrrant and
PANDORA LLII GRAN acknowledged to me that he/sxecuted
Commission#1338611 the same in his/herhorize
Notary Public-California i capacity(ies), and that by his/h /their
Santa Clara county signature(s)on the instrument the persons ,or
My Comm.Expiras
Jan 10,2005 the entity upon behalf of which the person(s)
acted, executed the instrument.
M:Lndand official seal.
Sipnetu.of Nary Pub.
OPTIONAL
Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: t L'15 S mr P;q& t- wAinna an
Document hate: Number of Pages:
Slgner(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Tftle(s):
❑ Partner ❑Limited ❑General
❑ Attomey-in-Fact
CJ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01959 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnatary.org Prod.No.6907 Reorder:Call Toll-Free 1.900.87$•6627
COUNTY OF CON COSTA
DEPOSIT PE IT
OFFICE OF COUNTY DIT -CONTROLLER
TO THE TREASURER: MARTINEZ, LIF IA
RECEIVED ROM
t O ANIZATION NUMBER
(Ftx Collect"Procedures see C unty Administrator's Bulletin 105.)
DESCRIPTIg14 FUNDJORG. ACCT. 1 TASK OPTION ACTIVITY AMOUNT
a I� Z/
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�w
�� : iJ r�✓1✓C
J101
i
660E �X7
000
o�
FE S�
EEY
'Y� 96
I
i
r- I
EXPLANATIO
/ TOTAL
DEPOSITi' ,r I.
Deposit consists of the following hms
COIN and CURRENCY 3 '
CHECKS,M.O.,ETC. $
---- BANK DEPOSITS 3
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT pp
NUMBER
STS10,13zg 184.0 AUC
The amount c=money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
dep srt:nto ttW County Tr ury. acknowledged
Signed. C r �rL , ,'-1 Date
Signed: Signed: �&AX-:1LIt-1,
Title: put)County Auditor DeputyCounty Treasurer
Vj
3d REY.(7-93) '
000649-9665 J 831000: G1093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
$49.920.00, DA 0004 Plan Check
$44,000.00, bA 0004 Improvement Inspection
819800-0800: G1093897, $6,200.00, RA 1103 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093898, $1,000.00, RA 1104 Cash Bond, Shopell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093899, $4_600.00, RA 1105 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093900, 1 200.00, RA 1116 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas-Blvd. Milpitas, CA 95035 r
819800-0800: G1093901, 1?,100.00, RA 1117 Cash Bond, Shapell Industries of Northern(/
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond, Shopell Industries of Norther
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern.
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of
Northern California, 100 North Milpitas Blvd, Milpitas,CA 95035 V/
819800-0800: G1093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern
Calif ornio, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093906, $71,600.00, RA 1122 (SUB 7984) Cash Performance Bond,
Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093907, $54,800.00, SUB 7984 (Neighborhood #1) Cash Performance
Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA
95035
819800-0800: G1093908, $21300.00, RA 1114 Cash Performance Bond, Shapell Industries
of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093909, $16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035 i/
000649-9665 / 831000: 61093888, $500.00, RS 2698 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526.
000649-9665 / 831000: G1093889, $500.W, 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, $20166.00, RA 1103 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093898, $8,000.00, RA 1104 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093899, $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.£X3, RA 1116 Landscape Inspection, Shopell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093901, $14,034.50, RA 1117 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093902, $46.219.00, RA 1122 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 01093903, $11,388.503, RA 1125 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093904, $62.178.25, SUB 7984 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093905, $28,147.00, PA 0003 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
000649-9665 / 831000: G1093908, $48,554.89, RA 1114 Plan Check, Shapell Industries of
Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035
000649-9665 / 831000: 61093909, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
$18.834.00, RA 1125 Plan Check
$27,345.00, RA 1125 Improvement Inspection
$13,563.00, RA 1125 Landscape Inspection
819800-0800: 61093910, $9,000.00, LSA 0004 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd, Milpitas, CA 95035
Sub visions RA-1122,XREF SUS 7984,Gale Ranch fl
Bond No.: 929247989
Premium: $9,783.00
IMPROVEMENT SECURITY POND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and+66453)
la�rvtsigis AHM The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in SubdivisionR -1122.AREF SUl3
7984 ,ala RSnch t _ as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. QgpjGATI ShaDell Industries of Northern California,A Division of Shapell Industries, Inc. ,as Principal►and
National Fire rtford ,a corporation organized existing under the laws
of the State of CT ,aaxl authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. performance and Guarantee: One Million(Vine Hundred Fifty+Six Thousand Sic Hundred Dollars and 001100
Dollars ($ 1,958,6D0.0{? )for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payments Nine Hundred EightEight Thousand Two Hundred Dollars and 001100
Dollars($ 388,200.00 ) to secure the claims to which reference is made in Tie
XV (commencing with Section 30$2) of Part 4 of Division M of the Civil Code of the State of
California.
3. Cis
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 perforin the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, ou is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the. County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials famished 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 frill 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.
SIGLED;AND SEALED on August 14, 2002
Shapell Industries of Northam
PRINCIP'AL:California,A Division of Shaped 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 • 91367
By: By:
Print Name: Na an Shapell Print Name: Mar aret F Leong
Title:' President Title: Attorney-in-Fact
6y:
Print Name and Yeti Mar 'ret Le g, Vice President/Secretary
MW
2<
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE
CC rMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania
co oration(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 hereby make,constitute and appoint
i4argaret Leong,lndividually - — —
of Beverly Hills California
iris.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,
und-itrtakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
andto 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 tie 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,
dui'adopted,as indicated,by the Boards of Directors of the corporations.
<in Witness Whereat,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seeds to be hereto affixed on this 18th day of June 1898
CONTINENTAL CASUALTY COMPANY
L lti' ,aE r'i a' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY II,0 Ion
EAL
#env
Marvin J.Cashion Group Vice President
Stat of Illinois,County of Cook,ss.
l}n this 18th day of June 1998 ,before me personally came
Marin J.Cashion,to me known,who,being by me duty sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is 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 instrument;that he knows the
sea l of said corporations;that the seals affixed to the said instrument are such corporate seats;that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signe
d his name thereto pursuant to like authority,and acknowledges same to
be#tile act and deed of said corporations.
"out
My Commission Expires March 6,2.000 Mary Jo Abel Notary Public
CERTIFICATE
Mary A. Ritwsikawskis,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
aunt set forth is still in force,and further certify that the By-L.aw and Resolution of to Board of Directors of each corporation printed on the
rever?fe hereof are still in force. in tes'many whereof I have hereunto subscribedmy name and affixed the seals of the said corporations
this r �`�"� day of tt.t a .
CONTINENTAL CASUALTY COMPANY
1 i'�rH NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY 1, -e
t
Mary A.Ribikawskis Assistant Secretary
(Rev.10ti/97)
Authorizing By-Laws and Resolutions
ADOP71 ED 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 duty adopted by the Board of Directors of
the'r ompany.
"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 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 attomeys-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
Dire:tors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or
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
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."
ADOP.ED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the<Wompany.
"Article VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of DirectDirs,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 President or any Executive,Senior or Group Vice President may at any time
revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors 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 2 of Article VI of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
ADOP"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 3oard 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,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective
certificates of authority,shall have full 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 President,any 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
Dirt tors of the Company at a meeting duly called and held on the 17th day of February,1593.
"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 Secretary 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 o, Las Angeles
On 7S �' t before me. L..t.Pain
rJata NAME. TITLE Of OFFICER.. "JANE OOE. OTAAY PUBLIC"
personally appeared Margaret F. Leung
NAME(S)OF SIGNER(S)
(x ) personally known to me —OR-- (..,._) proved to me on the bass's of satisfactory evidence to be
the person(t whose name{) is/x=subscribed to the within instrument and acknowledged to me that
Mtshe/, texecut'ed the same in *s4her/ttmWauthorized capacity(1M, and that by)tWher/tfMK
signafure(4 on the instrument the person(A), or the entity upon behalf of which the person(} acted.
executed the instrument.
WITNES my hand and official seal.
ANN PELLANT
Cntn.-n!-.A_r 1 z E
SIGNATURE OF NOTARY
4 / Los c u; fy
`� fsryc--trrn Nov 14 Md OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
( ) INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( )
PARTNER(S) (`.} LIMITED
GENERAL
NUMBER OF PAGES
(-2L) AT70ANEY IN-FACT
TRUSTEE(S)
GUARDIAN1CONSERVATOR
(�.} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of art or SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles ss.
On August 14, 2002 beforeme, Ann
DateName a rt a of war(e.g., aneE6,holl!"'P8blY
personally appeared Nathan Shapel l and Margaret Leong
_Name(e)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) #are
subscribed to the within instrument and
acknowledged to me that Aef,*efthey executed
ft the same in 4W4&Wtheir authorized
ANN PELLANT capacity(ies), and that by *ie�heir
_ COMMIs;icm 0 121343M signature(s)on the instrument the person(s), or
u Not'.,f FL t :_ _ � � the entity upon behalf of which the person(s)
Los til&en C4(',Ity acted, executed the instrument.
Ny Corrirn.E)q4 NOV t 7,2M
WITNESS my hand and leis ?al.
�A �,�i.s --.
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 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 here
❑ Corporate Officer—Title(s):
D Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
CJ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 11199 National Notary Association•9958 De Soto Ave.,PO,Box 2402•Chatsworth,CA 91313-2402•www.nationatnotary.org Prod.No.6907 Reorder:Call Toll-Free 1-800-876-6827