HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-593 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 1, 2002,by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/ 5 9 3
SUBJECT: Approval of Road Improvement Agreement for Gale Ranch Trails,RA 1135,(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 Gale Ranch Trails, Road
Acceptance file RA 1135 (cross-reference Subdivision 7984) property located in the San Ramon
(Dougherty Valley) area;Supervisorial District III.
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 trail
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
SG.cw taken and entered on the minutes of the Board of Supervisors on
G-\CGrpData\EngSvc\BO\2002\10-01-02\RA 1136 BO=15.doc
the date shown.
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) ATTESTED:__-OCTOBER 01 a 0 tJ 2
cc: evelopmen4 17
Pure works- T.sell,Construction
Current Planning,Conatwaity DeveJOHN SWEETEN,Clerk of the Board of Supervisors and County
T—August 2003 Administrator
Shapell Industries of Northern California
P.O.Box 361165
100 North Milpitas Blvd
Milpitas,CA 95835
ATT:Sam Worden&Steve Savage By Deputy
National Fire Insurance Co.of Hartford
21650 Oxnard Street#600
Woodland Hills,CA 91367
RESOLUTION NO. 2002/5 9 3
SUBJECT: Approval of Road Improvement Agreement for Gale Ranch Trails,RA 1136,(cross-
reference Subdivision 7984) being developed by Shapell Industries of Northern
California, San Ramon(Dougherty Valley) area. (District IIr}
DATE: October 1, 2002
PAGE: 2
I. Cash Bond
Performance Amount: $7,100.00 -
Auditor's Deposit Permit No. DP 392399 Date: September 4, 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: 929247997,August 23, 2002
Performance Amount: $699,400.00
Labor&Materials Amount: $353,250.00
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 NO. 2002/593
rt{)ADERDV13MENT AC1iEEMBNT = cc)/1 ID)Z-'
Developer: S atmell Industries of i lotthern['alifornia Effective Date: "'
Development: ILA 1136(cross reference Sub 7984) Completion Period: 1 year
Road-, ale Ranch Trails
TIM, SIGNATURES ATTEST TO THE PAR'T'IES'AGREEMENT HERETO* �
"RA COSTA Cf LINTY DEVELOPER .S1�aJ/ ltSl"/GSN
Maim-'ice M.Shia,Public Works Director Ui+/is±cn c dya,�// JaaCrrs�ttl S,,?.rte.
By: (
t. 4asm)
(pointawre&Re)
RECOMMENDED FOR APPROVAL �
By; < & t]e>
Engineerin S `ces vision ct nr\i(a,; p1 N „q
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: Allsignatures to be acknowWged. tf Subdivider is incopanwA signaum resist
conform with the designated representative groups pursuant to Corporations Code 5313.)
2. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" and the above-mentioned ev t
mutually promise and agree as follows concerning this development:
2. 1MPRO'VEMENI'S. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydra is,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
theretr t.
Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good
workts:anlike manger,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulingsMade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IIvi gg)TWNT SgC'tiRT.Ey Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County,
A. For p
-aftw4qg and Chigrantee" $ cash,plus additional security,in the amount of$699.400,00 which together total one hundred
percew(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
accepts:ace against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$_152259_.00,which is fifty percent(50%)of the estimated cost of the work. Such security is presented
in the f mn of:
Cash,certified check,or cashier's check
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
materials to thein 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->-educed in accordance with 594-4.406 and 594-4.408 of the Ordinance Code.
4. C r1Ai2AEp AND WARRANT Y OF WORK. Developer 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 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.
S. PLANT ESTABLISH NT WORK Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
estab#.ishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by
the Piblic Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and
after'she Board of Supervisors accepts the work as complete.
6. TMPROVQZNT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
Sectir'.n 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
the ode-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish
the�v irk as promised.
7. KQ WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or -ar statement by any officer,agent or employee
of dw,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 and/or
mates':.als,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor
shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. ) PEM M: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. Theigdomnitic benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and emplo;ees.
B The liabilid protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because 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
liabily,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defewe of any suit(s),action(s),or other pnoceading(s)concerning said liabilities and claims.
C. The actions a sing lgabfB are any act or omission( or non-negligent)in with the matters covered by this Agreement and
attrib table 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 dais section we not conditioned or dependent on whether or not any Indemnitee has prepared,
supple,or approved any plan(s)or specification(s)in cmnection with this work,or has insurance or other indemnification covering any of these matters,or that
the aM-.Sed damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. Cola: Developer shall pay when due;,all the costs of the work,including inspections theroof and relocating existing utilities required thereby.
10. NON-PE E RMANQ AND COSTS:If Developer fails to complete the wont within the time Rmcified in this Agreement,and subsequent extensiom,
or fails to maintain the work,the County may proceed to complete and/or maintain the wait by contractor otherwise,and Developer#Sacra to pay all costs and charges
McurrA by the County(including,but not limited to: engineering,inspection,surveys,contrast,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 proceeds to
compl?ae a ndtor maintain rite work.
Once action is taken by County to complete or maintain the work.Developer agrees to pay all casts incurrW by the County,even if Developer subsequently
competes 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 al#attorney's fees,and all other:expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INVCORPORATION/ANN M17ON. If,before the Board of Supervisors accepts the work as complete„ the development is included in territory
incorperated as a city or is annexed to an existing city,the County's rights under this agreemeat and/or any deposit,bond,or letter of credit securing said rights shall
be traslfared to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shalt fulfill all the tams of this
agreement as though Developer had contracted with the city originally.
12. CbNSIDERATION. 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 toad system,after the improvements are complete.
r,,,,, Other{requires County Counsel approval
RL:kw
\*Ws4 7.1WU)ATAkG;pDatm4Eng5vc\For=lAG Wt RMAG-24 doc
Rev.Ape-il 6.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,
State of California
County of
Tf-
i
On f before me
Date Name and Title of officere.
[� { g.,"Jane Dos,
personally appeared VY\c—or� NN I
Name(s)of Signat(a) "—
ersonally 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 that lie/they executed
JANICET.KRUSE the same in I°trsliw/their authorized
Comnnlssion#1318697 capacity(ies), and that by h-sMergtheir
Notary Public-California z signature(s)on the instrument the person(s), or
Santa Clara County the entity upon behalf of which the person(s)
MYComm.Explms Aug 24,20M
� acted, executed the instrument.
WITNESS my hand and o ieial seal.
i
Place Notary Seal Above Signature of Notary Public
I
Of ()NAL
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 d((ocument.
Description of Attached Document `t A � � 3
Title or Type of Document: F-%,CZb _�t f� i d .� � �`
i
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual (� r
Ns�'Corporate Officer—Title(s): ( 1���&lTop of thumb here.
I ❑ Partner—L7 Limited ❑General
❑ Attorney in Pact
❑ Trustee
El Guardian or Conservator 1
❑ Other:
Signer Is Representing: � L� -i� � �
I
01999 National Notary Asaoclatlon•9356 Do Soto Ave.,P.O.tion 2402•Chatsworth,CA 91313.2962•www.netlonakwtary.org Prod.No.5907 Reorder,Call Toll-Free 1.960.878.6827
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT �
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE T;EASURER: MARTINEZ,CALIFORNIA '
RECEIY 'FROM
ORGANIZATION NUMBER
(Far Cash Collection procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/bRG. ACCT. TASK OPTION ACTIVITY AMOUNT
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EXPLANATFON: TOTAL S
DEPOSIT
Deposit :tens
*> Nand CURRE $QL
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iiECKS.MPJ:,ETC $ •
BANK TS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT gyp
DNUMBER 392 W
ASSIGNED
The amount c#money described above is for Treasurer's receipt of above amount is apprayecL Receipt of a is �.
depopitinto the County Trc ury. ack
Signed ' Efate
Tithe: n; fllXT i County fid. Deputy County f4surer
)-94 REV.(7-9$ '
000649-9665 / 631000: 61093923, $500.00, SUB 8156 Map Check Fee, Windemere BLC
Land Company, 3130 Crow Canyon#310, San Ramon, CA 94583
000649-9665 / 831000: 61093924, $5003,00, RS 2703 Record of Survey Map Check Fee,
Brian Kangas Foulk, Consulting Engineers-Planners-Surveyors, 2737 North Main Street, Ste.
200, Walnut Creek, CA 94596
000649-9665 / 831000: 61093925, 1500.00, RS 2702 Record of Survey Map Check Fee,
Rose M. Sandecki A Nancy Pamela White, 5701 Pine Hollow Road, Clayton,:CA 94517
000649-9665 / 831000: G1093926, 500.00, RS 2701 Record of Survey Map Check Fee,
Titan Real Estate Investments LLC dba The Crossroads Building, 2960 Camino Diablo, #300,
Walnut Creek, CA 94596
000649-9665 / 831000: G1093927, $1,625.00, SUB 8531 Major Subdivision Map Check
Fee, Janin Associates, 957 Stow Lane, Lafayette, CA 94549
000649-9665 / 831000: 61093928, 119.900.00, DP 3001-91 Inspection Deposit, Down To
Earth Grading, Inc., 11400 Marsh Creek Road, Clayton,CA 94517
000649-9665 / 831000: 61093930, 335,300.O0, RA 1136 Landscaping Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: G1093931, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
24.700.00, DA 0014 Landscaping Inspection
$ 9.900.00, DA 0014 Landscaping Plan Review
000649-9665 / 831000: 61093933, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
$18t 500.00, DA 0016 Landscaping Inspection
7,200.00, DA 0016 LandscaDina Plan Review
19800-0800: 61093930, 7 100.00, RA 1136 Cash Bond, Shapell Industries of Northern J ``
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 r/
819800-0800: 61093931, $4,700.00, DA 0014 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035
819800-0800: 61093933, 11JO0.00, DA 0016 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035
Bond No,: 929247997
RA-1136(XREF SUB
Development: 7984),Gale Ranch Trails
Premium: $3,497.00
IMPROVEMENT SECURITY BOND
FoR ROAD IwRovEMENT AGREEMENT
(Performance, Guarantee, and payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL of ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agree (XP's& County to install and pay for street, drainage and other
improvements on, or along 79e4).rave Ranch Trails to complete said worli~within the time specified
for completion in the Road Improvement Agreement, all in accordance with Mate and local laws and pilings.
2. OBLIGATION: Shapell Industries of Northern California, A Division of Shapell Industries, Inc. as Rincipal and
Na ar Sm i„a mcs Comam of Hartford , a corporation organized under the laws of the State of CT ,
and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves,
our heirs,executors, administrators, successors and assigns to the County of Contra Costa, California to pay
as follows:
A. Performance: Six Hundred Ninety Nine Thousand Four Hundred Dollars and 00/100
Dollars ($. 699,400.00 }for itself or any city assignee under the above County
Road Improvement Agreement, plus
B. payment: Three Hundred Fifty Three Thousand Two Hundred Fifty Dollars and 00/100
Dollars($ 353,250.00 ) to secure the claims to which reference is made in Title
15 §§ et seq. of the Civil Code of the State of California.
3. CoNDrI om
A. 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 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 ftxll 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.
iB« 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 f unished,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, companies and corporations entitled to file claims under Title 15 (o6ramencing with Section
3082 of fart 4 of Division 3) of the Civil Code of the State of California, 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 AND SEALED:
The undersigned executed this document on August 23, 2002
shapelllndustries of Northem
P 'CIPAL: Califomia,A Divislon of 8hapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford
Addie ss: 100 North Milpitas Boulevard Address; 21650 Oxnard Street, Suite 600-4
City::W11pitas, CA 9500 City. WoodlKid Hills, CA 91,367
By; F. ampBy; -
Print'.Name: Nathan apellPrint Ma art F. Leong
Title:` President Title; Attorney-in-Fact
By:
Pterin€Name and Title M rgaret LeonZ!7 ary
Authorizing By-Laws and Resolutions
ADOP'.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 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 attorneys-ire-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 North 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 Chairrrian 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 Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Dirk-ctom 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 whirr 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 yomoanv.
"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 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 attorneyowin-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
instrumerits 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
Dim ptors of the Company at a meeting duly called and held on the 17th day of February, 1983.
'Resolved,that the sigroture 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 owtificiift 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."
ADOPTED 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 17,1883 by
the t3card of Directors of the Company.
"RESOLVED:That the Presklent,an Executive Viae Pmsident,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,
undertakings and other obligatory instruments of Pike nature.Such Atteomey-In-Fact,subject to the Ornibitions set forth in their respective
certificates of authority,shall he"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 Presildent 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 and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Dim,tors of the Company at a meeting duly called and heli on the 17th day of February, 1983.
"RESOLVED:That the sigruiture of the PresideK 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
?n 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 cartificate so executed and sealed,shall with respect to any bond or
indertaking to which it is attached,continue to be valid and binding on the Corporation."
POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT
Know Ail 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
conloration(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
the�.-true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all 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,
duE} 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
con- rate seals to be hereto affixed on this 18th day of June 1998
CONTINENTAL CASUALTY COMPANY
t3` ` +haw NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
i AMERICAN CASUALTY COMPANY OF READING;,PENNSYLVANIA
cow"Aice
AMY-a c
13El1I. mmul
tag? • ��
Marvin J.Cashion Group Vice President
Stwe of Illinois,County of Cook,ss:
On this 18th day of Junes 1998 ,before me personally came
Mat vin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that
hei's a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AW!?SERiCAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above Instrument;that he knows the
see':as of soli corporations;tat the seals affixed to the said instrument are such corporate seats;that they were so affixed pursuant to authority
giw.n by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be tyre art and deed of said corporations.
,to
NOTARY
now_
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,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
abxre set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse her f are still infbrce. In teslirnony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this"2aLLday of x..c_ „f- "
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
SEAL NUt.
1e17 •
Mary A Ribikawskis Assistant Secretary
State of California
County of Los Angeles
On before me, t'i pe,-t (f'1 No-to- G(.L1 It,
tJara NAME. TITLE OF OFFICER.."JANE C OE.N TARY PUBLIC-
personally appeared Margaret F. Leong
NAMES)OF SIGNER(S)
(x ) personally known to me—OR — (...._) proved to me on the basis of satisfactory evidence to be
the persons* whose names) isMxat subscribed to the within instrument and acknowledged to me that
xxishetze�xexecuied the same in WPs4her/XM?Xaiuthodzed capacity( , and that bytWherl~
signatures} an the instrument the person(x), or the entity upon behalf of which the person(;4 acted,
executed the instrument.
WITNESS my hand and official se
ANN PEU W7
_ Cornmhdon#MUM
r r*, do y Fw1c- `,4'L lty
t+ SIGNATURE OF NOTARY
US des C.cun
WC Wnm.Fxpkm Nov 17,2004 OPTIONAL
Though the data beloyr is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment cif this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
( } INDIVIDUAL
{-----) CORPORATE OFFICER
TITLE(S) TITLE OR TYKE OF DOCUMENT
(__ }
PARTNER(S) (_.} LIMITED
GENERAL
NUMBER OF PAGES
(. )
ATTORNEY-4N-FACT
(_ )
TRUSTEE(S)
(v.) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PgRSON(S) OR ENTITY(IES)
National Fire Insurance Company ,
6f RartfordSIGNER(S) OTHER THAN NAMED ABOVE
a-r 87�2rW 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles SS`
OnAugust 23, 2009 before me, Ann Pellant, Notary Ptt6lit•
Data Name and Title of Officer(e.g.,"Jane Doe,Notary Public's
personally appeared Nathan Shapel l and Margaret Leong-
Na,ne(a)of Signer(s)
Xpersonaily known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)"fstare
subscribed to the within instrument and
acknowledged to me that*elshe/they executed
the same in ti~heir authorized
capacity(ies), and that by et/their
signature(s)on the instrument the person(s),or
AhdN P " the entity upon behalf of which the person(s)
ELLANT
QCommisskxs 1^ acted, executed the instrument.
Niataily P",c-Califania WITNES m hand an ial a
Los,Arles County Y
WCCrrME%PkM NOV 17.2M4
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
El Corporate Officer—Tdle(s):
❑ Partner—❑ Limited ❑General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
El Other:
Signer Is Representing:
0 7999 National Notary Association•$859 De Som Ave.,P.O.Box 2402•Chabnvorth,CA 919132402•www.natlonalnotary.M Prod.No.5907 Reorder.Call Toll-Pres 1-500.876.6@27