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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-587 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002,by the following vote: AYES: Supervisors uilla3m, Gerber, Desaulnier� Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5 g 7 SUBJECT: Approve the Drainage Improvement Agreement for DA 0017 (cross-reference Subdivision'7984)being developed by Shapell Industries ofNorthem California,San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Drainage Improvement .Agreement DA 0017 (cross-reference Subdivision 7984), property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Drainage Improvement Agreement with Shapell Industries of Northern California, principal,whereby said principal agrees to complete all improvements,as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of culvert revetment. Said document was accompanied by security to guarantee the completion of drainage 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 taken and entered on the minutes of the Board of Supervisors on the date shown. srrcw a.\QPDU. s,C\130uoo2\laor-MaDAno»rsazo.aoc ATTESTED:---OCTOBER 01 . 200 OrWmdor Public W*M(Es) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: T.Rie(313-2363) Administrator cc: Public Works-T.Belt,Construction T—August 2003 Shapell industries aMorthern California P.O.Box 361169 loo Nortb Milpitas Blvd. By Deputy Milpitas,CA 95035 ATT:Sam Worden&t Steve Savage National Fire Insurance Co.Of Hartford 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/ 5 8 7 SUBJECT: Approve the Drainage Improvement Agreement for DA 0017 (cross-reference Subdivision 7984)being developed by Shapell Industries ofNorthern California,San Ramon(Dougherty Valley)area. (District 111) DATE: October 1,2002 PACE: 2 I. Cash Band Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP392675 Date: September 10, 2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929263041, August 30, 2002 Performance Amount: $71,700.00 Labor&Materials Amount: $36,400.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/587 DRAINAGE IMPROVEMENT AGREEMENT Subdivir)on: VA 0017 cross-reference Subdivision 7984) Effective Date: Develop.m: Shaapell Industries of Northern California Completion Period: 1 year THESESIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COMI QQSTA�TY D V�FER Maurice M.Shiu,Public Works Director Shapeli Industries of Northern California 1 Y . MCQM1vtFnll]ED FOR AP RO AL- (Prmr Now C,. T9 L/- l211�.6 ASS iS .V,f By (Sips , Engineering Servi Division (hint x"°` "�) FORM rA PPROVED. Victor J.Westmazt,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures sant conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named v =1 ;r,mutually promise and agree as follows concerning this acceptance: 2. INTROVEMENTS.Developer agrees to install certain ofd tract drainage improvements 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 wriformauace with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from dace hereof in a good we rkmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordina> a Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirevients shall govern. 3. R=OVEMENT SUpon executing this Agreement,the Developer shall provide as security to the County: A. For Perfor Mp U d CW t+ =: 5IM cash,plus additional security,in the amount of 571.700 together total one hundred percent (100%),.f the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,dr cashier's check. a Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and aces ptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payrn ret: Security in the amount of 536.400.which is fifty percent(5096)of the estimated cost of the work.Such security is presented in the form of: Cash,certified cheek,or cashier's check Acceptable corporate surety bond Acceptable irrevocable letter of credit. W itis this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor o.rmaterials 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 arm:Mt of the securities may be reduced in accordance with S944.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE-AND WARRAM OF WORK Developer guarantees that said work shall be free from defects in material or workmanship and sha'1 perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article'??6-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPRt)VEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as prornis�i in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work a"complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever change: are necessary to accomplish the work as promised. 6. NQ WAIVER BY C()LINTY. 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 acceptance of the whole or any part of't aid work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agrwement 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<,he terms and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The Inde ties benefitted and protected by this promise are the County and its special district,elective and appointive boards, cornmi;lions,officers,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 acti ns defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whetht r or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement pians or accepted the work as corrolete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C The actigns Causing_liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreet-lent and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-CM 'tions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepar,.d,supplied,or reviewed any plan(s)or specification(s)in connection with this worst or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. E i. W-mdem ere BLC Land Company LLC('BLC')shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa CounwFlood Control and Water Conservation District(collectively,"Districe)against,and hold County and District harmless from,any and all claims,costs,losses, liabilit ,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of MC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2004,by and between BLC and Shapell Industries, Inc. including,without limitation,any claim, cost,loss,hRbitity,damage ar other eapemte mising out of any motion or other proceeding brought by Shapell again Contnty or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BL.C's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or DistriC.3 or any other person;provided,However,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvtments that have been offered for dedication to and accepted by County or District for rnaimtsiancx. The obligations of BLC contained in the Agreernent shalt survive termination of the Cooperation Agreement and shalt survive the dedication and acceptance of improvements by County or District. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NPONLEEREM&MAN2COSIM. 1f Developer fails to complete the work within the time specified in this Agreement,and subsequent extew ons,or fails to maintain the work,the County may proceed to complete anchor maintain the work by contract or otherwise,and Developer agrees to payall coasts and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon f iemand. Once action is taken by County to complete or maintain the worst,Developer agrees to pay aII oasts incurred by the County,even if Developer subset>uently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover casts incurred in completing or maintaining the work,Developer agree=-to pay all attorney`s fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to cor iplete the work. 14. ASSLGNMI NT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to the city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty'Valley MOLT xrw::k� CADm-W merits and Setdnp14gospudeWty DocurmnWCmks bond agreevimUZA 0017 AG-1740e Rev.etwA 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On L'--- before me, ill ata Name and T1Ue of Offer(e.g..Jane Cos personally appeared ` ' '� t�R 9,rz ` 'S L) Narna(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).fare subscribed to the within instrument and acknowledged to me that-#Ktfs ietthey executed the same in #+~their authorized capacity(ies), and that by -tt~thelr CE h JANI *Kf2USE signature(s)on the instrument the person(s), or Commission#1318697 the entity upon behalf of which the person(s) Notary Public-California acted,executed the instrument. Santa Clara County MY Comm. rims Aug 24,2005 ITNESS my hand and offs iai seal. Signature of Notary Public O 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: Slgner(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ IndividualTop of thumb here `,Corporate Officer Title(s): S;T,V `V k4," l ❑ Partner--❑ Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Nadonal Notary Association-9364 Do Soto Ave.,P.C.Sox 2402•Chatsworth,CA 91313-2402-www.nationainotary.org Prod.No.5907 Reorder:CaH Tog-Free 1-800^878=8827 DIPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA TO FROM _ ORGANIZATION NUMBER �LL C ()6 (Far Cash Collection Procedures we County Administrator's Bulletin 105>) DESCRIPTION FUNDJORC% ACCT. TASK OPTION ACTIVITY AMOUNT CAL 100 J loc i i J F t i I I J J J M I J p J EXPLANAT,tN: (� t IOY �`C3 'i' TOTAL . S -- DEPOSIT Deposit cdr1J*Of the foi&aiwing Mom COIN and CURRENCY S _ �. CHEW,MO,ETC. S BANK DEPOSITS $ KA AUDITOR-CONTROLLER USE CW DEPOSIT Pah BER D # DATE ASSIGNED The amount r money described above is for Treasurer's receipt of above amount is approved Receipt of above amouIS hereby .woCounty rK Sgne+d c Signed: wed Title: Deputy.Cmx*y Ttrttasurer 3-34 REV.(7-931 .. 000649-9665 / 831000: G1108201, IL500,00, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 01108202, $5,100.00, TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000682-9752 / 819200: 01093941, $42.000).{70, SUB 7984 Road=-Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 01093942, $9,500.00?, DA 0014 Cash Band, Shapell Industries of Northern California, 1010 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 8198001-0800: 01093943, $8,200.010,°OA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Mil itas CA 0 8198010-0800: 01093944, $1,000.00, bA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: G1093945, $1,000.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 01093946, $1,000. , TR 8682 Cash Bond, Shapell Industries of Northern California, 1010 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 950135 819800-0800: G1093947, 1,000,00 TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 8198010-0800: 61093948, $1,000.0X}, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 819800-0800: .61093949, ! 0(X1 00, TR 8683 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 8198010-0800: 01093950, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 819800-0800: 01108201, $1,000,0}01, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61108202, $1,000,0 , TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 - 000649-9665 f 831000: 61093935, $500.tK}, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust DTD, 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665/ 831000: 61093936, $500.CtQ, RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa,CA 95403 000649-9665 / 831000: 61093937, , RS 2706 Record of Survey Map Check Fee, Santina & Thompson, Inc., 1355 Willow Way, Ste. 280,Concord,CA 94520 000649-9665 / 831000: 61093942, $46,100.00►, DA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., P4 Box 361169, Milpitas, CA 95035 000649-9665 f 831000: 61093943, $40,200,fl0, DA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 $5,000,WDA 0017 Plan Check Fee ✓� $8,000,00, DA 0017 Inspection Fee 000649-9665 / 831000: 61093945, $5,700.00, TR 8681 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665/ 831000: 61093946, $4,700.01 , TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., Ptd Box 361169, Milpitas, CA 95035 000649-9665/ 831000: 61093947, $7,700.Ofl, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: '61093948, $55,500,00, TR 8631 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PCS Box 361169, Milpitas, CA 95035 000649-9665/ 831000: 61093949, $5,500.fl0, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665/ 831000: 61093950, $5,200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PQ Box 361169, Milpitas, CA 95035 Gale Ranch 1.1 West Manch Creek Development No: DA0017(cross-reference Subdivision 7984) Bonds 929 263 041 Premittn: $359.00 RAPROVEMENT SECURITY BUNT) FOR DRAINAGE D PROVENIENT AGR1r:EMF.M (faithful performance&maintenance,AND labor and materials) p + C 1. OBLIGAMN; ghapall-10dusW03 of N+trthc alifornia, as Principal, and t1grional. Fire insurance Com2anX of Hartford, a corporation organized and existing under the laws of the.State of Connecticut and authorized to transact surety business in the State of California,as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pixy it; A. Faithful Performance, & Maintenance: Seventy-One Thousand Seven Hundred Dollars ($71,700)for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Lahr&Masterialst Thirty-Six Thousand Four Hundred Dollars($36,400)for the benefit of persons protected under Title 15 §et seq, of the California Civil Code, 2. ' AL UCONTRACT.-• The ` i al contracted with the County to install pay for drainage sand other improvements',in elan� as specified in the Drainage Improvements Agreement, and to complete said work wt n�e time specified in the Drainage Improvement Agreement for completion,all in accordance with.state and local laws and rulings thereunder in order to satisfy the conditions of approval for Subdivision 7984, 3. 1=N: If the principal faithfully performs sal things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period;and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materirais to thein for said work and improvement,and protects the premises frpm claims of such liens,then this obligation as to Section 1413)above:shall became null and void;otherwise this obligation remain in full force and effect, No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bored; and consent is hereby given to make such alterations without further notice to or consent by surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bored, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and Included in the judgement. 3. IVITI4N: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part, to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of tho obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and tees, 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. 111;. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety ate 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 0 vil Code for materials furnished or labor thereon of any kind,or for amounts duo 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 heroin above sat 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 13 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full forcer 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. YG ED AND SEALED on August 30, 2042 les Nor Ca i orris c.a s National Fire Insurance an of �y t ord E, edi t Ia L. btOCKSorney-3-n- ao Address 100 tas Bhd. . Address 21650 Q2MaA-Street. Suite 600--4 :,„W Milpitas, CA 95035 Woodland Hills,. CA 91367 MOMIMM anO Be 11pulalp"C%my ClxumrtN�VGreiu bund Broame+wuy t Y pN•14Aar Roy,Atgp'�:,,o,2082 BY: 818-713-2035 Margare(t vn , S retary 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,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called 'the r NA Companies*), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and tlat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint, Pamela L.Stocks, Beverly A. Hall, Sandra V. Hanner, Individually, Individually of Sherman Oaks, California their V ue and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bond$,, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts and tc 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 6.1 the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse here'l,duty adopted,as indicated,by the Boards of Directors of the corporations. to Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be h -eto affixed on this 25th day of June,2002. .l�GAaU�LT NtSiiq tY ay ,. Continental Casualty Company COW Ta ' arat Ea National Fire Insurance Company of Hartford P . American Casualty Company of Reading,Pennsylvania JULY 11. v< SEAL •r Michael Gengier J Croup Vice President State of Illinois,County of Cook,ss: On Alis 25th day of June,2002,before me personally came Michael Gengle.r to me known,who,being by me duly sworn,did depose and say:tha<he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company, an Illinois corporaton, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, PennsyVyania,a Pennsylvania corporation described In and which executed the above instrument;that he knows the seals of said corporations; that the 3eais affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Director< 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. t *OFFICIAL SEAL' DIANE FAULKNER Notary Public,State of Illinois My Commission Expires 9/17/05 Ci My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I, Wry A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford..a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the<)ower of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corparations printed on the reverse hereof is still in force.in testimony whereof i have hereunto subscribed my name and affixed the seal of the said,corporations this 30th. day of Amgtaslo 2002 [T0ou Continental Casualty Company ►orutrt National Fire Insurance Company of Hartford A American Casualty Company of Reading,Pennsylvania I 1ULy SI. U 8F� r 1902 Mary A.Ribikawskis Assistant Secretary (Rev. if/11/01) Authorizing By-Laws and Resolutions ADOPTD BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: his 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 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 f}xecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to he 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 attomey4n-fact." his 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 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 ny 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 lottaehed, continue to be valid and binding on the Company." ADOPT.,;,---D BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: -'his 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 Vi--Execution 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 (,;roup Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the t'lxeeutlon of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to tie 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." €bis Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Direr:#ors 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 to 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 seat of the Company may be affixed by facsimile to any certificate of any such power and Fny 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 i:ttached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: -his Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 199by 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 gine to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of Insurance, tends,undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their r.ispective 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 tie Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." "l`his Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Direr:::=ors 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 C4 the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of 1:4rectors 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 Y,ith respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On August 30, 2002 before me, Sandy Banner - Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE. NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (2S-) personally known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the person(&) whose name(O Is/Amsubscribed to the within instrument and acknowledged to me that WsheJAM executed the same in tdis/her/t#att authorized capacity{ , and that by f WherA signature(s) on the instrument the person(4), or the entity upon behalf of which the person(o acted, executed the instrument. :a-- WITNES my hand and al seal. $ANDY HANNER Ocommission 111 1382157 Notary Public-CoNfomis SIGNATURE OF NOTARY Loa Angeles MY comm.Expires Jul 2,2008 ONxTI{3NAI. 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) ATTORNEY W-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ( �.} OTHER DATE OF DOCUMENT SIGNER IS REPRESEN+TING1: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER{S}OTHER THAN NAMED ABOVE G-1areae-0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. on September 3, 2002 before me, Ann Pell ant, Notary Public Date Name and TMe of Officer(e.g.,"Jane Dos,Notary PubHo1 personally appeared Nathan Shapel 1 and Margaret Leong - Name(s)of Signer(s) " l personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)..Ware subscribed to the within instrument and acknowledged to me that4%AW;ieAhey executed the same in tri~their authorized = capacity(les), and that by 4W4iWtheir ANN PELLA`IT signature(s)on the instrument the person(s), or Ct�inrn" `` 1 1:c"-4332 the entity upon behalf of which the person(s) N°` pvti -L °' -d° acted, executed the Instrument. Los Anuses Cc,c.n ry MyCQn M5q:*s`vt7' )D4 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Through 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 macer—Title(s): ❑ Partner--❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Natbna!Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chahmonh,CA 91313-2402•www.mationainotary.org Prod.No.5907 Reorder.Cog Toil-Fns 1.600.876-W27