HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-601 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/ 601
SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8683 being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District ICC)
"The following document was presented for Board approval this date for SUB 8683
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 soundwall.
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:1GrpDatalEngSvc1BO\2002110-01-0215UB 8683 BO-16.doc action taken and entered on the minutes of the Board of
Originator: pudic Works(ES) Supervisors on the date shown.
Contact: Teri Rie(313-2363)
cc: public Works- T.Bell,Construction ATTESTED: OCTOBER 01 2002
Current planning,Community Development
T-August 2003 JOHN SWEETEN,Clerk of the Board of Supervisors and
Shapell Industries of Northern California Cpm 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
REsoLuriONNO.2oa2i 601
SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8683 being developed by
Shapell Industries of Northern California, San Ramon (Dougherty Valley) area.
(District III)
DATE: October 1, 2002
PAGE 2
IL Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929248006, August 30, 2002
Performance Amount: $43,000.00
Labor&Materials Amount: $22,000.00
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 N0. 2002/601
SUBDIVISION AGREEMENT (S0YA10w,-Lj)
(Government Code§66462 and§65463)
Subdivision: ,SUB 8683(Neiahboorhood 11) Principal: Shapgll Industries of Northern California
Eitectirry Date: L ID 2 Completion Period: 1 year
THESIS SIGNATURES ATTEST TO THE PARTIES'AGREEMENT IIERETO:
COSTA COUNTY PRINCIPAL
Maurice:M.Shiu,Public Works Director Shapell Industries of Northern California
a
NDMMED FO
V
By: (sip..)
Engineering Sem DivisionlS c.
fiPPROVED: Victor J.Westman,County Counsel (NOT& All signatures to be wknowledp&if Principal is incorp6rated,signatures
must conform with the designated representative groups pursuant to Corporations
Code§313.)
1. PART7FS UATE Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned
Edudo.mutually promise and agree as follows concerning this subdivision:
2. I.. MOVEMEZM. Principal agrees to install saundwalls only as reolttixert in the improvement plans for this subdivision 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 thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as
required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
construion 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 conf ict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordiname Code,provide as security to the County:
A. For Perfonmaance and Guamtee: $LW cash,plus additional security,in the amount:S 43, which together total one hundred
percent 100%)of the estimated cost of the w6rk. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable:irrevocable letter of coedit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptant a against any defective workmanship or materials or any unsatisfactory performance.
B. For Pavment: Security in the amount:$2_2M,which is fifty percent(50%)of the estimated cost of the work. Such security is
presentol in the form of
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
NJiffi this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
material:::to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amournt
securitie»may be reduced in accordance with§94-4.406'and§94-4.408 of the Ordinance Code.
4. gUARANUEE.AND WMARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship
and sha:l 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. 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. FL INT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said
plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other
work c :termined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed
for a ptiod of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRA`�lTY_.-. Principal warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work
as co"'ilete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes
necess Ty to the plans to accomplish the work as promised
7. NO WAIVER BY COLUM. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or emp<oyee 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 ori told 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 a teement 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. EMIv'TI"Y: 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,
comrn30ions,officers,agents and employees.
B. The jE1t(3jlt protected against are any liability or claim for damage of any Kind allegedly suffered,incurred or threatened because
of act,ms defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as
comp)<te 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
Agreernent and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of therm;
D. Non tions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepat>�d,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
coveri4g any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. I i U: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
dwrelr/.
10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NO --MM MANCE iM COST'S:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extens=ions,or fails to maintain the wont.County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all ct is and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
dematd.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to conTlete and/or maintain the work.
Ohne action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County, even if Principal
subw,luendy completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrerg Ito pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds
to complete the work.
12. Qj t?f}RA3'IONfA KATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated 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 lettr 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
(Inde=maenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. 8=02-MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
C >rsau and sena slrgoq od-)W UB SM AG-30 due
Rm Gc:olw zs.2ont
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
cn-PLt ss.
On b Z - before me,
see Nam#and Me of OPocer(9.g.,'Jane Doe,Notary PubW)
personally appeared f car yICON-�e_l P-1-tic_
Nams(a)of Signer(a) '
iersonaliy 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 that4md"they executed
JANICE T. 7SE the same in I�ie¢hrm'their authorized
Commission#1318657 capacity(les), and that by44sAierttheir
Notary Public-California signature(s) on the instrument the person(s), or
Santa Clara County the entity upon behalf of which the person(s)
My Comm.i;.xpitesAug 24,2005 acted, executed the instrument.
ITNESS my hand and o i se
Signature of otary PubNc
t!P L
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 AttachedDocument
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capaclty(les)Claimed by Signer
Signer's Name:
individual ( ( Top of thumb here
Corporate Officer—Title(s):
Cl Partner—❑Limited ❑General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: C_
0 1099 National Notary Association•9360 De Soto Ave.,PA.Box 2402•Chatsworth,CA 91313.2402•www.nationWnotary.org Prod.No.5007 Roorder:Call Toll•Frea 1-SOD-870-6027
t DEPOSIT PERMIT
' OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA `� -
TO THE TREASURER:
RECENED FROM
ORGANIZATION NUMBER _
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(For Cash Collection Procedures see County Administrotor's Metin 105.)
DESCRIPTION FUND/ORG ACCO TASK # PTK>N ACTIVITY AMOUNT
91(41,
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EXPLANATi#7N: C7t'+ q I �' D ® `'f' TOTAL
DEPOSIT I
Deposit consists of thek&wring i
31. 2
COIN and CURRENCY $
CHECKS,M.O,ETC: 3 4
BANK DEPOSITS b
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSITPERMIT D
r
NUMBER 3:32-675 S
DATE
ASSIGNED
The amount 6x mo+sey descr�ad above is for Treasurers receipt of above amount is opprroved, Receipt of obove omcxa' is hereby
de:po r'Mo County Tre ury d ti
Slgnad Llat _
, :. : cginee
d'
Title: X ty uiiiMr Deputy County Treasurer
-34 REV
000649-9665 l 831000: 61108201, 16,500.00, TR 8685 Soundwall Inspection Fee, Shopell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 1 831000: 61108202, 5 100,.00, TR 8686 Soundwall Inspection Fee, Shopell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000682-9752 d 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
819800-01800: 61093942, 12,AOO.00, C}A 0014 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035
819800-0800, 61093943, $8,200.OO, ISA 0016 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 950335
819800-0800: 01093944, $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.fl{7, TR 8681 Cash Bond, Shopell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035
819800-0800: 61093946, 11,000.00, TR 8682 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035
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
819800-0800: 61093948, $1,000. , TR 8631 Cash Bond, Shopell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035
F. 819800-0800: 61093949, $1,000. , TR 8683 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 1j
819800-0800: G1093950, $1,000.00, TR 8684 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 950335
819800-0800: 61108201, $1,000,00, TR 8685 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,P0) Box 361169, Milpitas,CA 95035
819800-0800: G1108202, $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, 1500.40, RS 2705 Record of Survey Map Check Fee,
Nordby Construction Company, 3009A Coffey Lane, Santa Rosa, CA 95403
000649-9665 / 831000: 61093937, 1500,00, 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., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000:. 61093943, 40..200.00, DA 0016 Inspection Fee, Shopell
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
X5,000.00, DA 0017 Plan Check Fee
$8,000.00, DA 0017 Inspection Fee
000649-9665 / 831000: 61093945, $5J00.00, TR 8681 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093946, $4J00.00, TR 8682 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093947, $7.700.00, TR 8684 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093948, 5 500.00, TR 8631 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093949,$5,500.00, TR 8683 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093950, 5.200. 1 TR 8684 Soundwall Inspection Fee, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA .
95035
Subdivision: sL$ARR�(hlelabba and 11)-Gala Ranch it
Bond No.: __ 929246906
Premium: $215.00
IMPROVEMENT SECCTWTY BOND Soundwali
FOR SumrvISION AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code H 66499 - 66499.10)
1. REcITAI,oiF Sugmytsm AGREEMENT: The Principal has executed an agreement with the County to install
and pay for street, drainage, and other improvements in Subdivision SUB 8683(Neighborhood 11)-Gale Ranch it
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. Q3LIGATION: Shapell industries of Northam Califomia,A Division of Shapell Industries, Inc. as Principal,and
National Fire Insurance Company 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: Forty Three Thousand Dollars and 001100 ($43,000.00
for itself or any city assignee under the above County Subdivision Agreement,
plus
B. Payment: Twenty Two Thousand Dollars and 00/100 Dollars($
$22,000.00 ) 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. q„ ITIoN:
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 farce and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fiunished 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,
I therwise 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.
SIGNET)AND SEALED on August 30, 2002
Shapeil Industries of Northern
PRPICEPAL: California,A Division of Shapell Industries,Inc. SURETY: National Fire Insurance Company of Hartford
Addr< ss: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4
City: Milpitas iv: 95035 _ • nd Hills Zip: 91367
By:
Print:Name: athan ShepWl Print Nom: Pamela L. Stocks
Title: President A Title: Attorney-in-Fact
By:__
Print Name and Title: rgaret ong, Se retary
VpwsiVAARDAXAVhpIld&eizsvvT m=\BN
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
.now 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 flat 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,Individuals
of Sherman Oaks,California
their rue and lawful Attorneys)-in-Fact with full pourer 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 tf bind them thereby as fully and to the some extent as if such instruments were signed by a duly authorized officer of their corporations
and 01 the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
his Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse
heretf,duly adopted,as indicated,by the Boards of Directors of the corporations.
I#j Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 25th day of June,2002.
Continental Casualty Company
r OPAV National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
)my 11,
MAL %
s
a f b9 r � 11A.
Michael Gengler Group Mice President
State of1111nois,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 swam,did depose and
say:than:he resides in the City of Chicago,State of Illinois,that he Is a Group Vice President of Continental Casualty Company,an Illinois
corpora on, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsyl<�ania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;
that the>ieals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of
Director�a 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 cor)oratons.
OOFFICIAL SEAL'
DIANE FAULKNER
Notary Public,State of Illinois
My Commission Expires 9/17!05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,M,my A.Rlbskawskis,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 corix rations printed on the reverse hereof is still in force.In testimony whereof 1 have hereunto subscribed my name and affixed the seal of
the said: orporations this 3Qth day of A -=; -- 2002_—
�tT a►
Continents!Casualty Company
t National Fire Insurance Company of Hartford
#. American Casualty Company of Reading,Pennsylvania
xe i,
SEAL •r
7�
Mary A.Ribikawskis Assistant Secretary
(Rev. 10-11/01)
Authorizing By-Laws and Resolutions
ADOPT -D BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
`7his Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Dire tors 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
-3roup 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 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
,;jxecution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
#previously given to any attomey-in-fact."
"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
>se affixed by facsimile on arty power of attorney granted pursuant to Section 3 of Article 1X of the By-Laws,and the signature of the
23ecretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
my power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
oxecuted 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:-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 V{---Execution of Obligations and Appointment of Attorney-{n-Fact
Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
�yroup Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
0.xecution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
Execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-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
l l,e 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
�jecre#ary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
t,ttached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This mover of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
199"3 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-in-Fact to act In behalf of the Corporation in the execution of policies of insurance,
t'onds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such Instrument
vl,nd to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact."
"'his Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Direcors 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
r:f the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Oirectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
rffixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
slid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
v 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 __Auqust 30, 2002 before me, Sandy lianner - Notary Public
Data NAME, TITLE OF OFFICER,. "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNERS)
(X} personalty known to me-OR -(_._.) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(o Is/An subscribed to the within instrument and acknowledged to me that
IAetfshe/JbwA executed the same in h;IWher/*Nbt authorized capacityoess and that by Nwher/m
signature(s) on the instrument the person(lt), or the entity upon behalf of which the person(O acted,
executed the instrument.
-- Al- - -.—— WITNESS hand and o seal.
SANDY HANL21571
Commlaalon�!
r
Notary
/ SIGNATURE OF NOTARY
L
My Comm.Expires Jul 2,2006 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
( )
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 Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
a.�o�►aa-a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
on September 3, 2002 before me, Ann Pell ant, Notary Public
Date Name and This of Otfloer{e.g.,*Jam Doe,Notary Pubkl
personally appeared N,athari Shalee]I and Margaret Leong-
Nama(s}01 Signer{e)
Xpersonaily known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and
acknowledged to me that#ekttehey executed
the same In +hs%erftheir authorized
�..—.:� r—.� capacity(ies), and that by -4, a their
ANN I�EL NT it signature(s)on the instrument the person(s), or
_ Comrnl.fon PELT
1 the entity upon behalf of which the person(s)
Nd`nry p'bt'*-s'.s idortta acted,executed the instrument.
Los Arrcge4 s County
NtyCOMIT1.60MIS1007.2 4 WITNESS m and and tclal i.
Signature of Notary Publto
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 ttlumta here
❑ Corporate officer—Title(s):
❑ Partner--❑ Limited ❑General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
El Other:
Signer Is Representing:
0 1099 National Notary AssocWon•9850 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 81313.2402•www.matlonsimtory.org Prod.No.5907 Reordar.call Toll-Fr"1-800.878.9827