HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-562 THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on September 17, 2002,by the following vete.
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
>> NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 562
SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road,RA 1122
(cross-reference Subdivision 7984) being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Bollinger Canyon Road,Road
Acceptance file RA 1122 (cross-reference Subdivision 7984)property located in the San Ramon
(Dougherty Valley)area,Supervisorial District In.
A Road Improvement Agreement with Shapell industries of Northern California,principal,
whereby said principal agrees to complete all improvements,as required in said road improvement
agreement,within one year from the date of said agreement.Improvements generally consist of road
and drainage improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
soxw taken and entered on the minutes of the Board of Supervisors on
G:\GrpData\Engsvc\BO\200219-17-02\RA 1122 So-ISAoc the date shown.
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) ATTESTED.� SES' M+R 17, 2002
Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County
Cw ai Plamung,Community Development
T—July 2003 Administrator
Shapell Industries of Northern Califomia
P.O.Box 361169
100 North Milpitas Blvd.
Milpitas,CA 95035 By ,/Deputy
ATT:Sam Worden&Steve Savage
pr—
National Fire Insurance Co.of Hartford
21650 Oxnard Street 16600
Woodland Hills,CA 91367
RESOLUTION NO. 2002/562
SUBJECT: Approval of Road Improvement Agreement for Bollinger Canyon Road, RA 1122
(cross-reference Subdivision 7984) being developed by Shapell Industries of
Northern California, San Ramon(Dougherty Valley) area. (District III)
DATE: September 17, 2042
PAGE: 2
I. Cash. Bond
Performance Amount: $77,600.00 -
Auditor's Deposit Permit No. DP 391840 Date: August 22, 2002
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929247985,August 14, 2002
Performance Amount: $7,685,900.00
Labor&Materials Amount: $3,881,750.00
Principal: Shapell Industries of Northern California
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 20021562
ROAD IMPROVEMENT AGREEMENT
Devvloper. Shapell Industries of Northern California Effective Dates
Development: RA 1122(cross-reference SUB 7984) Completion Period. I year
Roats Benninger Canyon Road
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO.
CQ -IRA COSTA COUNTYDEVELOPER
Maurice M.Shiu,Public Works Director Shaped Industries of Northern California
By: { gnanre
{print none dot3 } `C. TtuebCi.dg
RE C.3MMENDED FOR APPROVAL Exec. V.P.
a
By: {aisneturo}
Engineering Services ision (pint Warne t h Mark Westphal
FORI 4 APPROVED: Victor J.Westman, ounty Counsel Asst. S e C t y.
(NOTE: All signatures to be acknowledged.If Subdivider is incorporated,signatures must
confomr with the designated representative groups pursuant to Corporations Code 5313.)
I. PARTIES &DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County," and the above-mentioned
Devg Ver,mutually promise and agree as follows concerning this development:
2. 1MPROVENIENTS. Developer 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 development 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
therev.
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workvfanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Codedm
ruling»made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IM:I'ROVE;MENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
Count :
A. For Performance and Guarantee: $77,600 cash,plus additional security,in the amount of$7,685,900,which together total one hundred percent
(100°:0 of the estimated cost of the work. Such additional security is presented in the form of
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,the Developer guarantees performance undetthis Agreement and maintenance of the work for one year after its completion and
accept,' a against any defective workmanship or materials or any unsatisfactory performance.
B, For Payment: Security in the amount of$3,881,750,which is fifty percent(50%)of the estimated cost of the workSuch security is presented
in the#.brm of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materiels to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with 594-4.406 and 594-4.408 of the Ordinance Cade.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perfbm.I 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. Developer 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 system.
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establhment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by
the Pudic Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of ogeear from and
after th;Board of Supervisors accepts the work as complete.
6. MROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Sectio 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or
during die one-year guarantee period,saidimprovement plans prove to be inadequate in any respect,Developer 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
emplo4ee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said
work ovor materials,or payments,therefor,or any combinatiomr all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as
presctied;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terns andzitions
hereof.,
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted andprotected by this promise are the County,and its special district,elective ahappointive boards,commissions,
officer;:,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
define::below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liabilipr,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defew of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions camsjng liability are any act or omission(negligent or nor3megligent)in connection with the matters covered by this*reement and
attribw#.able to the Developer,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 hndemnithas prepared,
supplidi,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that
the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NUN-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
or fail to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and
charge`}incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County pmWs to
complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County, even if Developer
subsea>;tently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to
pay all.attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the
work.
It. INCORPORATION/ANNMTION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorly.srated 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 trarssferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms ofthis
agrecrrent as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
CL-16P
G:\(3ML,sta\EagSvclChxislPtojects\Gale Ranch\RA 1122 AG-aa.doc
Rev.Apa16,2040
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of A
e ss.
On."...._,770, ?00 2-- before me, LYIJt
Date Name end 71tle of CNficor{e.g.,Jane Doe,Notary Public")
personally appeared if°'if l i 14�
Name(s)of Signer(s)
❑�'harsonally known to me
eproved to me on the basis of satisfactory
evidence
all r to be the person(s) whose name(s) i re
PANDORA Lul CHAN subscribed to the within instr t
Commission 1338511 acknowledged to me that he/s he Kecuted
Notary Public-California y the same in his/her it rized
Santa Clara County capacity(ies), and that by his/he Peoi
�M COMM.BOri s Jan 10,2005 signatures)on the instrument the persons
the entity upon behalf of which the person(s)
acted, executed the instrument.
ITNES my hand and off' ial seal
Signature of Notary Public
OPTIONAL
Though the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document 1
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
G
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9950 De Soto Ave.,P.Q.Box 2402•Chatsworth,CA 91313-2401•www.nationainotery.org Prod.No.5907 Reorder:Call Toll-Free 1.800-878.8827
COUNTY OF CON COSTA
DEPOSIT Ptl IT
—'OFFICE OF COUNTY DIT -CONTROLLER
TO THE TREASURER:
MARTINEZ, LIF IA
RECEIVED F9OM
tm +l O ANIZATION NUMBER
�= P-) C1
(For s Collection Procedures see C unfy Administrator's Bulletin 105.)
DESCRIPTIgk " FUND/ORG. �CT "TASK OPTION ACTIVITY AMOUNT
V 6z4i1S6,
_ 1
L/ J f
ILI '10/1
EEE
1./
� f
i 1 SCS
f
f
Z31L1214 kc
35) f 6
f
f.
f
EXPLANATO � � TOTAL $ �
Id• s DEPOSIT W
Deposit consists of the following Ifems
COIN and CURRENCY
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY.
DEPOSIT
PERMIT DP
NUMBER
ASSGr j�4C� AUG Z2 T� (
The amount o money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
dep slt sato l CountyTr eSury, acknowledged.
Signed ', - Data L
SineL
/ �I�LEXT. `` �1.
Signe d: ' ' 9d: -
Title: y put)County Auditor Depu ounty Treasurer
34 REV.(7-93); 4
��'
000649-9665 / 831000: 61093910, Shapell Industries of Northern California, 100 North
Milpitas Blvd. Milpitas, CA 95035
$49.920.00, DA 0004 Plan Check
$44,000.00, DA 0004 Improvement Inspection
819800-0800: G1093897, $8,200.00, 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, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093899, $6,600.00, RA 1105 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093900, jjgOO.00, RA 1116 Cash Bond, Shapell Industries of Northern V/
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1093901, 2300.00, RA 1117 Cash Bond, .Shapell Industries of Northernv-
California, 100 North 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: G1093903, $1,800.00, RA 1125 Cash Bond, Shapell Industries of Northern.
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of
Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: G109 C,8001.00, RA 1122 (SUB 984) Cash Performance Bond,
Shapell Industries of California, 100 Nort i s Blvd. Milpitas, CA 95035
819800-0800: G1093907, $541800.00, SUB 7984 (Neighborhood #1) Cash Performance
Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA
95035
819800-0800: 61093908, $21.300.00, RA 1114 Cash Performance Bond, Shapell Industries
of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
819800-0800: 61093909, $16.400.00, RA 1125 Cash Bond, Shapell Industries of Northern/
California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093888, $500.00, R5 2698 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville,CA 94526,
000649-9665 / 831000: G1093889, $500.00, RS 2699 Record of Survey Map Check Fee,
Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara,CA 95051
000649-9665 / 831000: 61093897, , 20.166.00, RA 1103 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093898, $8.000.00, RA 1104 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093899, $33 29. 0, 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 J 831000: 61093901, $14,034.50, RA 1117 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: G1093902, $46.219,00, RA 1122 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093903, 11,388.50, RA 1125 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 / 831000: 61093904, j62.178.25, SUB 7984 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035
000649-9665 / 831000: 61093905, $28.147.00, PA 0003 Landscape Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035
000649-9665 J 831000: 61093908,11gE54.89, 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
8198OO-0800, 61093910, $9,000.00, DA 00014 Cash Bond, Shopell Industries of Northern
California, 100 North Milpitas Blvd. Milpitas, CA 95035
Bond No.: 929247985
Bollinger canyon
Development: Road,RA-1122 Gate Ranch tl
Cross Reference SUB 7984
Premium: $38,430.00
IMpRowmw SECURITY BoND
FoR ROAD IMPRovEMEw AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code § 66499- 66499.10)
1. <'RECITAL off'ROAD IMPRovEMEw AGREEMENT: The Developer incipal) has executed an agreement
(Road Improvement Agree cv�vn� the County to install and pay for street, drainage and other
yon
improvements on, or along Road.RA-117&2 Gate Ranch It to complete said work within the time specified
for completion in the Road lmprovement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Shapell Industries of Northern California,A Division of Shapell Industries, Inc. as Prkcip&and
tm2ag Fire lrm!a c�uxoff HoMw a corporation organized under the laws of the State of CT ,
,and authorized to tract surety business in California, as Surety,hereby jointly and severally bind ourselves,
out beirs,exct.:utvl a, t rotors, sc cce-wrs and assigns to the County of Contra Costa,California to pay
s follows;
A, performance- Seven Million Six Hundred EightFive Thousand Nine Hundred Dollars and 00/100
Dollars 7,885,900.00 )for itself or any city assignee under the above County
Read Improvement Agreement,plus
``B. payment: Three Million Bight Hundred Eighty One Thousand Seven Hundred Fifty Dollars and 001100
Dollars($ 3,881,780.00 to wcure the claims to which refi==is made in We
15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
The Condition of this obligation as to Section(2.A.) above is such that if the above bonded Principal,
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 it 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 inde nify 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 reasonable costs, expenses and fees,including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
E. 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,labor
of any kind, or for amounts due under the Unemployment Insurance Act-with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also, incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be
awarded and fixed by the court, all 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,cornpanies and corporations entitled to file claims under Title 15(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of Calffbmia, so as to give a right of
action to them or their assigns in any suit brought upon this bond,
Should the work under the conditions 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 Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the 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
4. SIGNED ANIS SEALED:
The undersigned executed this document on August 14, 2002
Shapell Industries of Northern
PRIlV`'CIPAL: California,A Division of Shapeii Industries, Inc. SURETY: National Fire Insurance Company of Hartford
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4
City: F-Ailpitas, CAW. City: Woodland Hills, CA 91367
1
By. By.
Print Dame: Na an Shapell Print Mame: rga t F. Leg
Title: President Title: Attorney-in-Fact
By:_
,dint l4ame and itle: Mar et Le g, Vice President/Secretary
c s .d-
State of California
Counry of Los Angeles
" before a1 +On , i t C-
Dsta NAME, TITLE OF OFFIC A..-JANE COV.NOTARY 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(t whose name(s) )shsMsubscribed to the within instrument and acknowledged to me that
}tkflshel Cexecut'®d the same in btWher/Xmixautho+rized capacity()",and that by lhertttWK
signature(} on the instrument the person(;), or the entity upon behalf of which the person(o acted,
executed the instrument.
�--- - - WITNE my handandofficial sent.
_ ..� .� ANN PELIANT
CoMrrt sk)n#12B4332 t
WCry PULL--C.:Iftxri d SIGNATURE OF NOTARY
LCIS County
MyComrn.5#mNovt7,2M4 OPTIONAL
Though the data below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIG=NER DESCRIPTION OF ATTACHED DOCUMENT
(_ _} INDIVIDUAL
{ ) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( ) PARTNER($) (".} LIMITED
{_.} GENERAL
( ) ATTORNEY IN-FACT NUMBER OF PAGES
(�) TRUSTEE(5)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
R RartfordSIGNER(S) OTHER THAN NAMED ABOVE
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
corwration(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
thwr 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,
urwartakings and other obligatory instruments of similar nature
In Unlimited Amounts- -
ani 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
an tyre acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executedpursuant 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 Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
oonvrate seals to be hereto affixed on this 18th day of June 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL RE INSURANCE COMPANY OF HARTFORD
AMERICAN CCASUALTY COMPANYF READING,PENNSYLVANIA
JULY
BEAT. �1.
Marvin J.Cashion Group Vice President
Ste e�of Illinois, County of Cook,as:
On this 18th day of June 1998 -before me personally came
Ma(vin J,Cashion,to me known,who,being by me duly sworn,did depose and say:that he r ides in the City of Chicago,State of Illinois;that
he b a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AWERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the
seas of said corporations;that the seals affixed to the said instrument are such corporate ;that they were so affixed 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 the act and deed of said corporations.
WARY
PtiSLfC
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
i, Mary A. Ribikowelds,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HAP.7FORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
abm.,e set forth is stili in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are stili in rce.in testimony whereof 1 have hereunto subscribed my name and affixed the seals of the said corporations
this'. day of
CONTINENTAL CASUALTY COMPANY
oo=P-
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
INS
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
(Rev.1 E%l1 197) Mary A. Ribikawskis Assistant Secretary
Authorizing By-Laws and resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive,Senior
or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of
Dir<-ctors 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{sower 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`T'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
t-W convany.
"Article W—Executlon of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Gawp
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 attomeys4r)-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 grantedpursuant to Section 2 of Article VI of the By-Laws,and the of the Secretary or
an Assistant Secretary and the seal of the Company may be affbced 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:Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys4n-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 arty such instrument and to attach
the seal of the Corponation 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 Attorney4n-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, 1993.
'RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the 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."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of . t �Tlg��IR
S
On Aust 14, 2002 --before me, Ann Pellant, Notary Public
Data Name and This of Officer(s.g.,"Jane Doe,Notary Public")
personally appeared Nathan_Shapell and Margaret Dong
Name(s)of Signer(s)
Xpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-4rdare
subscribed to the within instrument and
acknowledged to me that#�they executed
the same in ttt3~their authorized
capacity(ies), and that by -hist their
'40'0PM1111T signature(s) on the instrument the person(s), or
ANN# t"
m'!-Sion t the entity upon behalf of which the person(s)
blotawy Ptb+::-C.; �tirxraia[ acted,executed the instrument.
Los Angles County
pyCiorrim. Nov f7,M WITNESS my hand and official seal.
—' Signature of Notary Public
OPTIONAL
ZONAL
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 Crate: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual Top of m°"'b here
❑ Corporate Officer—Title(s):
❑ Partner---❑Limited ❑General
❑ Attomey-in-Fact
❑ Trustee
0 Guardian or Conservator
❑ Other:
Signer Is Representing:
0 t999 National Notary Association•9350 Da Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nafonalnatary.org Prod.No.8907 Reorder:Call Toll-Free 1-8tl0"975.6827