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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-602 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 _ o RESOLUTION NO.2002/602 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8684 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District M) The following document was presented for Board approval this date for SUB 8684 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: 1. 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:WApData\Engsvc113a\2002t10-01-02\SUB 8684 Bo-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. 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 CountyAdministrator P.O.Box 361169 100 North Milpitas Blvd. Milpitas,CA 95035 Atte:Sam Worden 8t Steve Savage Deputy National Eire Insurance Company of Hartford $y 21650 Oxnard Street,#600 Woodland Hills,CA 91367 RESOLUTION NO.2002/ 6 0 2 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8684 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1,2002 PAGE 2 II. Surety Band Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248007,August 30, 2002 Performance Amount: $37,500.00 Labor&Materials Amount: $19,250.00 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. 2002/602 4. GUAR NTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and sh<dl 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 96-4.6,"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. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant etablishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work O.termined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. ROVEM NT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promi;xd 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 cont)lete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or eml ogee of th&County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of:3aid 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&ement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to compIV.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, commisions,officers,agents and employees. B. The liabilitieg protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of acticns defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whethi< or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causin¢_H&Ht'ty_are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement 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 prepamd,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification coven14 any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. : Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEn. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commi`isioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. II. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the woflr,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all cosy:and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand: Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to comfalete 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 subsegtntly completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees tp pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete tete work. 12. E+iCORPORATTON/ANNP.2[A2ION. If,before the Board of Supervisors accepts the work a4 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 letter,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 Princip1,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemerity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. KURD MAP..In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision•. Rr~m.t�d f G:Zoc is and SetM&s\wWo&Wy 6ocuemsZomodwsMASUB$684 AG-30&C Rev. OMV w 25,2001 SUBDIVISION AGREEMENT CSOUN.OJAIAL.1- (Government Code§66462 and§66463) Subdivision: SUB 8684(Neighborhood 12) Principal: Shanell Industries of NcJrthm ifamia Effecti a Date: Completion Period: 1 year THESE.SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA Ct3517A COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director Shapell Industries of Northern California By: P , REGIMENDED FORAPPROVAL t m� ) �. -r1z L,it o f21 r)rz(E- By: (s ) Z' "``� `... Engineering Service visi (Pft nmw& > + FORM€XPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be ackwwledged.RPrincipal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Princiya€.,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 with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendm€nts thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required ,y the California Subdivision Map act(Government Code§§66414 and following)in a good workmanlike manner,in accordance with accepted construe#.on 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 conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. MPROVEMEMSECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinanc> Code,provide as security to the County: A. For Performance Ed Guarantee. $LQ cash,plus additional security,in the amount:$37.544 which together total one hundred percent f,-00%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. 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 Payment: Security in the amount:$19.258.which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With. this 5ccurity,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or rn 4>.ric,ls ::c.them of to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the.amount secur ns :nay be reduced in accordance with§94-4.446 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �—, ss. County of , c. On before me, r=4\N Data ; -, Name and Title of Officer(e.g.,'Jana Doe,Notary ") ary Public personally appeared - ti ' e iSA» —, *,3 tv, Name(e)of Signer(a) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-ielare subscribed to the within instrument and acknowledged to me that he#aheAhey executed JANICE T KR the same in NeAtef/their authorized Commission#1318697 capacity(ies), and that by 4ie{ttarr'their Notary Public-California y signature(s)on the instrument the person(s), or Santa Clara County the entity upon behalf of which the person(s) MY Com.E)Vres�±24,201x5 acted, executed the instrument. NESS my hand and official sgal. Signature of Notary Public OPTI L 7bough 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: t t t 5 l +s? 21Z Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: MOM ❑ inivldual [� Top pf thumb here orporate Officer—Title(s): ��. 11Partner—❑Limited 0 General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t 11� 0 1999 National Notary Aeeodatian•9350 De Soto Ave.,PO,Box 2402•Chatsworth,CA 91313.2402 w .na8onalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.878.8827 t DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA -- RECEIVED FROM y� Ifhpmiaa+ion) ORGANIZATION NUMBER (�✓ .j C (For Cash Collection Procedures sae County Administrator's Bulletin 145.) DESCRIPTK7N FUND/ORGY TASK OPTION ACTIVITY AMOUNT 3I �4 1 00 b lac ' ' 1 1 1 1 1 1 I 1 i i 1 1 1 M 1 1 1 I EXPLANATION: TOTAL 1 Deposit coraists of the foiluywing i COIN and CURRENCY $ >) CHECKS,M.0,ETC.' $ BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER t DATE / I ASSIGNED The amount tl rruorley described above is for Treasurer's receipt of above amount is approved Receipt of above amou us hereby I into County Tre ury. ,�. et' TSigne /U Dat -4 . .. nne Titia: C&jjbXT itar Deputy CoUnty Trrxasurw 7-34REv it-9 # ` 000649-9665 / 831000: 61108201, $6,500.00, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd,, PO Box 361169, 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, OA 0014 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 815800-0800: 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: G1093945; $1,000.00, TR 8681 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093946, L1,000,00, 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: 61093948, $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, A1 000 , TR 8683 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1093950, 1 000.00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G110820i, 1000.00, 5 Cash Band, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108202, 11,000.00, TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 - 000649-9665 / 831000: 61093935, $500.tJO, RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa b. 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 A Thompson, Inc., 1355 Willow Way, Ste. 280, Concord, CA 94520 000649-9665 / 831000: 61093942, $46,100.00, OA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, 140,200. , bA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $5.000.00, OA 0017 Plan Check Fee 18,000.00, DA 0017 Inspection Fee 000649-9665 / 831000: G1093945,$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, 17,700.00, 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: G1093950, 15,200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 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 fiunisbed 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 fuIly 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. SIG" ED AND SEALED on August 30,2002 Shapeli Industries of Northern PRII GIPAL: California,A DIvlslon of Shapeli Industries,Inc. SURETY: National Fire Insurance Company of Hartford Ad&-ss: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas 95035City: vdtat� Hills p Zip: 91367 By: By: •moi n.- � Print';dame: Nathan S pall Print Name: Pamela L. Stocks Title: President Title: Attomey-in-Fact By:_ Prins Name and Ti e: Margaret ng, cretary :mW Wewsil 3AZrDATA1CkpD�mtBngfivcSEorme Subdividon: SRI IR 8984(NaIUhhnrhnnd 17)_Ga4a Manch 11 Bond No.: 92924BQ07 Premium: $185.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUMVISION AGREEMENT (Performance, Guarantee, and Payment) (California.Government Code §§ 66499 - 66499.10) 1. Rt;mu of Suwi vtsi oN AGiEtzi : The Principal has executed an agreement with the County to install and pay for street,drainage, and other improvements in Subdivision SUB 8884{Neighborhood 123 o Gale Ranch It as specified in the Subdivision Agreement, and to complete said work withffi the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for:filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATIC3N• Shapell Industries of Northern Califomia,A Division of Shapeii industries, Inc. . as Principal,and National Fre Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Thirty Seven Thousand Five Hundred Dollars and 001100 017,500.00 for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Nineteen Thousand Two Hundred f=ifty Dollars and 00/100 Dollars($ $19,250.00 } to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division ffi of the Civil Code of the,State of California. 3. Q&MON: 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 tinge 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 speed 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. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article 1"xecutlon 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-In-fact to act In behalf of the Company in the execution of policies of insurance,e,bonds, undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to I he limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seat 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-fad' :This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Diretors of the Company at a meeting duty 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 e 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 sxeou#ed 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*,rD BY THE HOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: i'his Bower 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 VV--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 attorneys-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 i�xecuttion of any such instruments and to attach the seat 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 Rower 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 to affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the x ecre#ary 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 ti.xecuted and seated and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it Is i,ttached,continue to be valid and binding on the Company! ADOPTE'D BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: 'finis Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly,adopted on February 17, 1993,0y 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 ri`re to time,appoint,by written certificates,Attomeys-in-Fact to act In behalf of the Corporation In the execution of policies of insurance, b�:ands;undertakings and other obligatory instruments of like nature.Such Attomey-In-Fact,subject to the limitations set forth in their k spective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such Instrument a'rd to;attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or tte 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 Dired,irs 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 seat o�'the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Q'irectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be al.Ned by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be +valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall With respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation.' 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 "thew NA 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 signatures and seals herein affixed hereby make,constitute and appoint, Pamela L.Stocks,Beverly A. Hall,Sandra V. Hanner, Individually,Individually of7 Sherman Oaks,California their true and lawful Attorneys)-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 t>s 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 X11 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 heretf,duly adopted,as indicated,by the Boards of Directors of the corporations. It Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hreto affixed on this 25th day of June,2002. c�Wtr tti a Continental Casualty Company 000rcnAre �rymtrpq a National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania MY ai, SEAL Y rax toll Michael Gengler J Group Vice President State of lltinols,County of Cook,ss: On this 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say:thy;he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois corpo4jon, National Fire insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, PennsN€canis,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations; that theseals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directoi.3 of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges some to be the act and deed of said coeborafions. ,.... 'OFFICIAL SEAL` DIANE FAULKNI R Notary Public,State of liiinois My Commission Expires 9/17105 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,kary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartforr,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 tort..,orations printed on th reverse hereof is still in force. In testimony whereof I have ftgrgy}nto subscribed my name and affixed the seal of the said.corporations this !oth day of. A3114LSt ZUUUULL tf r , Mrge Continental Casualty Company ,moo National Fire Insurance Company of Hartford o American Casualty Company of Reading,Pennsylvania RRY 31, SEAL s e t.Cr Mary A.Ribikawskis Assistant Secretary (Rev. 'l 3/11/01) State of CALIFORNIA County of LOS ANGELES On August 30, 2002 before me, Sandy fianner - Notary Public Date NAME, TITLE OF OFFICER,, "JANE DOE. NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) { } personally known to me-OR - (_.._) proved to me on the basis of satisfactory evidence to be the person(s) whose name{*€shtmoubscribed to the within instrument and acknowledged to me that bmdshe& executed the same in tldWherltaIKauthorized capac€ty0w* and that by fhert#M signature(s) on the instrument the person(S), or the entity upon behalf of which the person{30 acted, executed the instrument. t SAN0YHANNER WITNESS y hand and seal. Commission#1362157 ~ ati Notary Public-CaN/o o Loa Arqelea County SIGNATURE OF NOTARY My Comm.Expku JW 2,2006 OPTIONAL Though the data below-is not required by taw, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {�.) INDIVIDUAL { �} CORPORATE OFFICER TITLE{S} TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED { _) GENERAL NUMBER OF PAGES { } ATTORNEY-IN-FACT TRUSTEE(S) (. .} GUARDIAN/CONSERVATOR { ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National-Fire Insuranc&CompiIny of Hartford SIGNER{S} OTHER THAN NAMED ABOVE c1.ao7ase•t3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of Los Angeles ss. on September 3, 2002 before me, _ Ann Pell ant. Notary Public Date Name and TftN of Officer(e.g.,'Jan*[Fey Notary Pubilch personally appeared Nathan Shapel 1 and Margaret Leong Name(s)of Signer(&) X1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-49/are subscribed to the within instrument and acknowledged to me that heWshe{they executed the same in *i~their authorized ANN ANN FELL capacity(ies), and that by �Itheir � Commiseic>n 0 1784332signature(s)on the instrument the person(s),or NeIcy PuU: ac_Gt.;fornia the entity upon behalf of which the person(s) Los AnW.,t County acted,executed the instrument. ENty Ccxrvn.t t-t:s NOV 17.2 4 WITNESS my my hand an pfiiciaflI I Signature of Notary Public OPTIONAL Though the information below Is not required by law,Itmay 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: Capecity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—0 Limited ❑General ❑ Attorney-in-f=act ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 0 1999 National Notary Association•OW De Soto Ave.,P.O.Box 2402•Chatsworth.CA 912132402 www.natlonalnotery.org Prod.No.5907 Reorder.,Gall ToN-Fran 1.900-878.OW