HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-600 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 20021 600
SUBJECT: Approve Subdivision Agreement (Soundwall) for STAB 8682 being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District IIS
The following document was presented for Board approval this date for SUB 8682
located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Soundwall) with Shapell Industries of Northern California,
developer, whereby said developer agrees to complete all improvements as required in said
Subdivision Agreement (Soundwall) within one year from the date of said agreement.
Improvements generally consist of soundwail.
Said document was accompanied by the following:
Security to guarantee the completion of soundwall improvements as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,000.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 392675, September 10, 2002
SG:cw I hereby certify that this is a true and correct copy of an
G:1GrpData\EngSvc\BO\2002\10-01-02\SIJB 8682 BO-16.doc action taken and entered on the minutes of the Board of
Originator: Fabric Works(Es) Supervisors on the date shown.
Contact: Teri R*313-2363)
cc: Public Works- T.Bell,Construction ATTESTED: OCTOBER 01 2009,
Current Planning,Community Development ►
T-August 2003 JOHN SWEETEN,Clerk of the Board of Supervisors and
Shapell Industries of Northern California County Administrator
P.O.Box 361169
100 North Milpitas Blvd.
Milpitas,CA 95035
Attn:Sam Worden&Steve Savage
National Fire Insurance Company of Hartford By Deputy
21650 Oxnard Street,#600
Woodland Hills,CA 91367
RESOLUTION NO.2002/6 D 0
SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8682 being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District III)
DATE: October 1, 2002
PAGE 2
H. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929248003, August 30, 2002
Performance Amount: $26,500.00
Labor&Materials Amount: $13,750.00
Principal: Shapell Industries of Northern California
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Soundwall)
is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/600
SUBDTVISION AGREEMENT (50 UNDWAU-)
(Government Code§66462 and§66463)
Sub4--vision: SUB 8682(Neighborhood 7) Principal: Sha ll Industries of Northem California
Effect ve Date: (__ Completion Period: 1 year
THE13E SIGNATURES ATTEST TO THE PARTIES'AGREEMIENT HERETO:
C RA COSTA COUNTY ERINCIPAI. -
Maurie M Shiu,Public Works Director Shapell Industries of Nor hem California
4l
By: tti1 `I 'J tsPe, ) I
RE ,M D F R V t t > T F2- }fZ t P 10
By: tsica f,�5
Engineering Services Di is n t �n�> SCIS j
FORA:APPROVED: Victor J.Westman.County Counsel (NOTF— All signatures to be wJmowledgaL If Principal is incorporated,signatures
must conform with the designated representative groups pursuant to Corporations
Code§313.)
i. pARTI>rS 8t DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned
Priacir ,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal agrees to install soundwalls only as required in the improvement plans for this subdivision as reviewed and on
file wi%the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future
amendments thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as
requir>rl by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
constrction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a coEsflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURUN. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Perfotumce and Guarantee: $LM cash,plus additional security,in the amount:$26400 which together total one hundred
percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
C - Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For_Pay r t: Security in the amount:$13.750,which is fifty percent(30%)of the estimated cost of the work. Such security is
presentfid in the form of:
Cash.certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
nkoferia€s to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, the amount
secwiE s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship
and shMl 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.19646,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's 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. Principal agrees to perform establishment work for landscaping installed under this agreement. Said
plant exablishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other
work&4termined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed
for a p€hod of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as
promiwd in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work
as cormIlete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall matte whatever changes
necess«ry to the plans to accomplish the work as promised.
7. NO WAIVER BY COUM. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or emis'ogee 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,iaid work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill
this aeement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to
comply with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards,
comrm,sions,officers,agents and employees.
B. The liabilitigs protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because
of actirns defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of
whethO or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as
compIde and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreenent and attributable to Principal,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 Indemnitee has
prepare d,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covenr.g any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. 1 C STS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby-
10.
10. V Y . Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Comer ssioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PER_EO l+v1ANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensi ins,or fails to maintain the work.County may proud to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all cows and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demawl.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to com.olete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal
subsea rently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agreeso pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds
to cor0lete the work.
12. INCORPORATIO /ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorp:rated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond,
or lem,of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RE C?LL RD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
Q\Docuw=U and SeuiMs\W \My Docunv=\Soun.&M\StM 5682 Ari-30.doe
Rev. OcV tea 23,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
C__� �y ss.
County of __z> N-FF)
On b it) 2-- before me,
Ditte Name and Title of officer(e.g.,'Jane Dca,Notary Public"}
personally appeared
Names)of&gner(s)
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 that hoAs*Wthey executed
the same in WeA4eNtheir authorized
—-� — - capacity(ies), and that by .#iefhar/their
JANICE T KRUSE signature(s)on the instrument the person(s),or
_ Commission#1818697 the entity upon behalf of which the person(s)
Notary Public-California acted, executed the instrument.
Santa Clara county
rm
My Corm.
Aug 24,2005 ITNESS my hand and offici seal.
Signature of Notary Public
OPT/ AL
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: q-\)5Zee N�,
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual ` l Top of thumb here
orporate Officer—Title(s): l-`'� V �-S l s ti C'_c—
EI Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
e
O 1999 National Notary Assodatbn•9350 De Soto Ova„P.o.5ax 2402*Chatsworth,CA 91313.2402•www.natlonalnatery.org Prod.No.5907 Reorder:Catl Tod-Eras i•dW-876-6827
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE T
MARTINEZ,CALIFORNIA
EASURER:
RECEIVED FROM
ORGANIZATION NUMBER _- -
C e �
(For Cash Collection Proce&xvs sea County Adrninistrotor's Bulletin 105,)
DESCRIPTION FUNDJURG ACCT, TASK OPTION ACTIVITY AMOUNT
CO
WINN 11,93) 4�1/' L'1�0)7(4
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EXPLANATION: ��j — J L1 t '� TOTAL
DEPOSIT 53 1 i
Deposit consists of the Following iWns
COIN and CURRENCY $ 'U
CHECKS;Ma ETC. $
BANK DEPOSITS S
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER 75 FI 0'
-- DATE
ASSIGNED
The amount cf money described above is for Treasurer's receipt of above amount is opproved. Receipt of above omoun ss hereby
depo' into th,County T ury. ac 7
.Signed; & Dat
Tina: ( ou Deputy County Treasurer
s-34 aEv.(7-931, ` .
000649-9665 / 831000: 61108201, $6,500.00, TR 8685 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 861169, Milpitas, CA
95035
000649-9665 / 831000: 61108202, $5,100. , TR 8686 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box. 361169, Milpitas, CA
95035
000682-9752 / 819200: 61093941, $42,000.00, SUB 7984 Road-Improvement Fee,
Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169,
Milpitas, CA 95035
819800-0800: 61093942, $9,500.00, DA 0014 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61093943, $8,200.00, DA 0016 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61093944, $1,000.00, DA 0017 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61093945, $1.000.00, TR 8681 Cash Bond, Shapell Industries of Northern
C ir 00 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035
819800-0800: 61093946, $1,000.00, TR 8682 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61093947, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: G1093948, $1,000.00, TR 8631 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61093949, $1,000.00, TR 8683 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61093950, $1,000.00, TR 8614 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61108201, $1,000.00, TR 8685 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
819800-0800: 61108202, $1,000.00, TR 8686 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
000649-9665 / 831000: 61093935, $500.00, 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, $500.00, RS 2705 Record of Survey Map Check Fee,
Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403
000649-9665 / 831000: 61093937, $500,00, RS 2706 Record of Survey Map Check Fee,
Santina & Thompson, Inc., 1355 Willow Way, Ste. 280, Concord, CA 94520
000649-9665 / 831000: 61093942, j46.1OC1.00, DA 0014 Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093943, $40.200.00, DA 0016 Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: G1093944, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
$5,000.00, DA 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,$4-700.00, TR 8682 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: G1093947, 7700.00, TR 8684 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093948, 15,500.00, TR 8631 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: G1093949, 5500.00, TR 8683 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: G1093950, 5200.00, TR 8684 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
Subdivision: SUB 8682(Neighborhood 7)-Gale Ranch II
Bond No.: 92 248003
Premium: $133.00
IMPROVEMENT SECURITY BOND Soundwall
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL oI{SUBDIyism ACRE ENT: The Principal has executed an agreement with the County to install
and pay for street, drainage, and other improvements in Subdivision SUB 8682(Neighborhood 7)-Cale Ranch Il
as specified in the Subdivision Agreement, and to complete said work within the time specified for
completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder
in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Shapell industries of Northern California, A Division of Shapell Industries, Inc. as Principal,and
National Fire Insurance Compan of Hartford ,a corporation organized existing
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 it:
A. Performance and Guarantee: Twenty Six Thousand Five Hundred Dollars and 000100 ($26,500.00
for itself or any city assignee under the above County Subdivision Agreement,
Plus
B. Payment: Thirteen Thousand Seven Hundred Fifty Dollars and 00/100 Dollars {$
$13,750.00 ) to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California.
3. OQmTION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded 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 the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as casts
and included m any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, material men and other persons`employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGN D AND SEALED on August 30, 2002
Shapell Industries of Northem
PINI UPAL: Califomia,A Division of Shape[[Industries,Inc. SURETY: National Fire Insurance Company of Hartford
Addr: ss: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4
City: Milpitas 95035 City: d Hills zip. 91367
By: By:
ZL-
Print <game: NathaqXhapell Print Name: Pamela L. Stocks
Title: PresidentTitle: Attorney-in-Fact
By:�
Print Name and Titl : argare Bong, ecretary
:MW
\\PWS1%5AARDATA\�p�D�alEsypSVGTftsxATN -12doc
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
Hartfr rd,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called
"the C.NA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,
and haat they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint,
Pamela L.Stocks, Beverly A. Hail,Sandra V. Hanner,Individually, Individually
Of _ Sherman Oaks,California
their:t*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 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 WI 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-1.1,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be he-eto affixed on this 25th day.of June,2002.
VA
. ` Continental Casualty Company
cert ,moi National Fire Insurance Company of Hartford
•
AAY tlAmerican Casualty Company of Reading,Pennsylvania
y ,
SEAL. Y i
1997 i „l
Michael Gengler Croup Vice President
State ofIlinois,County of Cook,as:
On his 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and
say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
corporat.0n,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
PennsylVania a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;
that the Teals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of
Directory of sold corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of
said coilioratlons.
"OFFICIAL SEAL`
DIANE FAULKNER
Notary Public,$tote of Ipinois
MY Co+nmission Expires 9)17105 ,'1,t,
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1, M51ry 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 Power 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 corn rations printed on the Te a hereof is still in force.In testimony whereof I have here nto subscribed my name and affixed the seal of
the said:�rporations this i�t:t1 day of A'x1�t1&� ZVV�
Continental Casualty Company
cure National Fire Insurance Company of Hartford
A American Casualty Company of Reading,Pennsylvania
RR.Y�1r,
1997
Mary A.Ribikawskis Assistant Secretary
(Rev. 1011/01)
Authorizing By-laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
I.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 Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
taroup Vice President may,from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to
Oe 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
'resident or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
jreviously given to any attorney-in-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
tae 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
;attached,continue to be valid and binding on the Company."
ADOPT€iD BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
i'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 Vt—Execution of Obligations and Appointment of Attorney-In-Fact
Section 2.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 attomeys-in-fact to act in behalf of the Company In the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to
Me 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
t`resident may at any time revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
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 Vire President and the seal of the Company may
tis affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
by power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
xecuted and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
ttached, 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,
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
istne to time,appoint,by written certificates,Attorneys-in-Fact to act In behalf of the Corporation in the execution of policies of Insurance,
binds,undertakings and other obligatory instruments of like nature.Such Attomey-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
ind to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
tale Board of Directors may at any time revoke all power and authority previously given to any Attomey4n-Fact."
Tiffs Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Direc>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
o...'the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
1.firectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
i ffliixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
v111d and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
State of CALIFORNIA
County of LOS ANGELES
On _ August 30-2002 before me, Sandy Banner v Notary Public
Date NAME, TITLE OF OFFICER.. "JANE DOE. NOTARY I9Usuc-
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(s)
(2) personally known to me—OR — (._.._) proved to me on the basis of satisfactory evidence to be
the person(7s) whose name(o Is/imoubscribed to the within instrument and acknowledged to me that
she/AW executed the same in hWher/#Tett authorized capacityoee� and that by P 1�lher/4
signature(s) on the Instrument the person(a), or the entity upon behalf of which the person(30 acted,
executed the instrument.
SANDY HANNER� WITNESS y hand and seal.
Commission#1382157
0MY
Notary Public-COWOMfa
Los Angakes County t{3NA REOFNOTARY comm.Expires Jul 2,2W8
OPTIONAL
Though the data below.is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
(.._.) CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
(__) GENERAL
(x)
ATTORNEY-IN-FACT NUMBER OF PAGES
(.®.} TRUSTEE(S)
GUARDIAN/CONSERVATOR
{_...} OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Comoanv
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
fi•tA747it-8 .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles ss.
On Septemhar 3. 20Q? before me, --Ann PP 1 a nt,_1Vot ru txbl-i c
Data . Name and Title of Oiliesr(e.g.,`Jens Notary Public-)
personally appeared Nathan Shapel l and Margaret Leong -
Name(s)of Signer(e)
Apersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)--i&/are
subscribed to the within instrument and
acknowledged to me that 4w/&a 0hey executed
the same in -- #e#their authorized
capacity(ies), and that by 4W their
ANN PELLANT signature(s)on the instrument the person(s),or
CAx=hs1bn#1284332 the entity upon behalf of which the person(s)
`` as Ncfray Publ"ur_C-Ci'f - acted, executed the instrument.
Los Angeles County
M' ias Nov 17.2Jt14 WITNESS—my hand an ffici ai.
signature of Notary Public
OPTIONAL
Trough 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)Cather Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual Top of tht,r„b here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary AssadidlOn•9880 Ds Soto Ave,P.O.Box 2402-Chatsworth,CA 913132402•www.natlonel tryoig Prod.No.5907 Reorder.Call Toli-Fres 7=504876.6827