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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-603 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 603 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8685 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for SUB 8685 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 o:1GrpDatiTngSvc\BO\2002Ni0-01a2\strs gess> o-1 .aoc action taken and entered on the minutes of the Berard of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Rie(313-2363) cc: Public works- T.Bell,Construction ATTESTED: OCTOBER 0I 2002 Current Planning,Corrvnunity 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,#baa Woodland Hills,CA 91367 RESOLUTION NO.2002/6Q 3 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8685 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (.District IIT) DATE: October 1,2002 WAGE 2 TI. Surety Bond Bond.Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248048,August 30, 2002 Performance Amount: $65,000.00 Labor&Materials Amount: $33,000.00 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 Warks Department. RESOLUTION N0. 20021603 SUBDIVISION AGREEMENT (SOCAVDW-41-L-) (Government Code§66462 and§66463) Sub.livisfon: SUB (TMl hbQhr 000d 14} Principal: S avcll jUdustries of Northern California Eff :tine Dater 0 0 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CO.MA COSTA COUNTY �RINC�AL Mani ice M.Striu,Public Works Director Shapell Industries of Northern California ro BY: * ) i7"rz Ur--0 tz :AMENDED FOR APPROVAI. s � � By (siBn.twe> Engineering Servi s Division CD&A APP OtOVEQ: Victor J.Westman,County Counsel (NOTE: All signaaues to be acimowiedged.If Principal is incmporsted,signatures must oonform with the designated representative groups pursuant to Corporations Code§313.) I PARTIES&DATE. Effective on the above date,the County of Contra Costa,Califomia,hereinafter called" u 3y"and the above-mentioned PdrigaL mutually promise and agree as follows concerning this subdivision: 2. jMROV, ES. Principal agrees to install soundwatls only as required in the improvement plans for this subdivision as reviewed and on file yr th the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future am m,knents thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as requiltd,by the California Subdivision Map act(Goveminent Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction 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 C<.anflict 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 Ordinutce Code,provide as security to the County: A. For PtdgnoM and Guarantee: $In cash,plus additional security,in the amount:$65.00Q which together total one hundred percct(100%)of the estimated cost of the work. Such additional security is presented in the form of- Cask fCash,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. F'or Paywat: Security in the amount:$3 which is fifty percent(50%)of the estimated cost of the work. Such security is preserved in the form of: Cash,certified check,or cashier's check _X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. Witli il.is security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or niateri,,Js to thcsn or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securi(es may be reduced in accordance with§94-4.40+6 and§944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORD. Principal guarantees that said work shall be free from defects in material or workmanship and:.hall 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 plan.r.establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for aperiod 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 pmw sed 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-ntplete 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 WAVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part v,f said 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 i#greerment 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, comptfssions,officers,agents and employees. B. The ha¢li i es protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whe6er 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 cause liability 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; U. Non-gaaditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepsted,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. t9. herekiy. OSIS: Principal shalt pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Comi issioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NONTE"ORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent exten>ions or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all cti;ts and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demwid. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete 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 subscsluently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agreed to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to cot.olete the work. 12. JNC RPORATION/ANNEXATION. 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 lewd r 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 Princ%pal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indeenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:M. 3 C:TmurI=ts and SetMssVsowo&Wy Docum=u\SouedwWWSUB 8685 AG-Xdm Rev. Oaw.*er 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof r hit 4 `` LN ss, �. On IQ 2__ before me, p Name and Tttle of Otter(e.g„`Jane pae.Nowv PuNle) personally appeared '_ l� g. ra �J�e - + ; `�A, ;y+J Name(&)of Signer(&) rsonally known to me El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4alrare subscribed to the within instrument and acknowledged to me that t akAelthey executed the same in talefhetAheir authorized wr capacity(les), and that by bi~their 4ANtcE T KRUSEsignature(s)on the instrument the person(s),or Comraiaai4n#t18897 the entity upon behalf of which the person(s) Notary Public California I acted,executed the instrument. Santa Clara County myCotrmftirseAu 4 29 ITNESS my hand andL209l seal. Signature of Notary Pubk 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 MS I LA Title or Type of Document: `' `` t ' 'Z ' Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: MEAN d Individual Tars of thumb here orporate Officer Title(s): ' i�•ci ! t y r�a 1 J r�" 0 Partner—0 Limited ©General - 0 Attomey-in-Fact 0 Trustee D Guardian or Conservator Other: Signer Is Representing. '"` - - C- 0 7999 Na110na1 Notary A"Wation•935015o .,P.O.Sox 2402•Chateworlh,CA 91313.2402•www.natlonalnotary.arg Prod.No.5907 PAordor Call Toll-Free 14600.676=6627 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE T 2EASURER: MARTINEZ,CALIFORNIA RECEIVEC FROM _ ORGANIZATION NUMBER lT , E C102S (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRFTION FUND/ORG ��T TASK TION ACTIVITY AMOUNT /ai3oo DOE 1&3. Fl- 14,#45, � 750() 3 1/1019 'CO ,. loci ! i yco Ll � owl 1 ! 1 ! I ! f t 1 1 f f i 1 f 1 I q ! EXPLANAW?l C�/ ! "'" }(� 0 `f" TOTAL . $ i DEPOSIT 53 ! Deposit consists of the fokwing J} COIN and CURRENCY. $ i CHECKS,M.0.ETC. S BANK DEPOSITS S FOR AUDITOR-CONT*OI IER USE ONLY DEPOSIT PERMIT D� NUMBER 39267b ,SEP 1 0•1 DATE i ASS*l,&D The amount off.mousy described above is for Treasurer's receipt of above o murrt is approved. Receipt of aboveamou Y's hereby depo' 'snto County.T ury. Signed: G �' A4211 Dost Title: tY otw Depot ..,County Tirr tmNw 1-34REV.17431 .z (� } t 000649-9665 / 831000: 61108201, $6,5W.C?Q, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000. 61108202, $5,100.00,#00.00, TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 9'5035 000682-9752 / 819200: G1093941, 142.000.00, SUB 7984 Roo--Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: G1093942, 19.5030.00, DA 0014 Cash Bond, Shapell Industries of Northern California, 1070 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 8198070-0800: 61093943, IggOO.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?, OA 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 California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 819800-0800: G1093946, $1,000.00, TR 8682 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 819800-0800: G1093947, .1#.00O.00, TR 8684 Cash Bond, Shapell Industries of Northern Calif ornia, 1003 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: G1093948, $1,0000,070, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 819800-0800: 61093949, 11,000.00, TR 8683 Crash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035 819800-0800: G1093950, $1,000. TR 8684 Cash Bond, Shapell Industries of Northern ' rnia, 100 North O Box 361169, Mil i#as,CA 95035 819800-08007: 61108201, $14,000,00, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 8198007-0800: 611078202, $1,000, , TR 8686 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 _ 000649-9665 / 831000: G1093935, $M,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: G1093936, $500. , RS 2705 Record of Survey Map Check Fee, Nordby Construction Company, 3009A Coffey Lane, Santa Rosa,CA 95403 000649-9665 / 831000: 01093937, M, , RS 2706 Record of Survey Map Check Fee, Santina & Thompson, Inc., 1355 Willow Way, Ste, 280,Concord,CA 94520 000649-9665 / 831000: G1093942, $46,100.00, DA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Boit 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093943, $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 07, DA 0017 Plan Check Fee $8,000. , 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: G1093946, $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: 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, 15,500.007, TR 8631 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665/ 831000: G1093949, $5,500.0}0, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 01093950, 5 200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 SubdlvWon: SUR MRS(NJrjhhnrhnnd 14)-Gala Ranch 11 Bond No.: _ 92924800$ Premium: $325.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RENAL of SuBmvism AGREMAENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 8685(Neighborhood 14)-Gale Manch!1 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 fling of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Industries of Northern 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: Sixty Five Thousand Dollars and 00/100 ($55,OOO o fnr itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Thlrty Three Thousand Dollars and 00/100 Dollars($ $33,000.00 ) to secure the claims to which reference is made in Title XV (conrmnencing with Section 3082)of Part 4 of Division 1II of the Civil Code of the State of California. 3. ... a ; 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 trade as therein provided, ori 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 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 finely 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 bind, 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 fiaIly performed then this obligation shall become null and void, otherwise it shall be and remain in fall 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. SIGNED!AND SEALED on August 30,2002 Shapell Industries of Northern PRIN,I IPAL. California,A Division of Shapell Industries, Inc. SURETY: National Fire Insurance Company of Hartford Address: '100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitasp 95035 City: W td Hills Zip: 91367 'XiBy: By: w Nathan Shapell Pamela L. Stocks Print Dame: Print Name: Title:) President Title: Attorney-in-Fact By: Print Name and Title M rgaret Le g , Se cre ary :MW 1�?'A'3115IARDATA1CicpD�alEnmSval�+a�r1B1V' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Y now All Men By These Presents,That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartf-.ird,a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called "the QNA 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 Of _ Sherman Oaks,California their 1�tue and lawful Attorney(s)4n-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 tk 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 o1 the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse here+ f,duly adopted, as indicated,by the Boards of Directors of the corporations. I6Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seats to be he eto affixed on this 25th day of June,2002. Continental Casualty Company aoTMi +rir tintayoattyd National Fire Insurance Company of Hartford • American Casualty Company of Reading,Pennsylvania AKY 71. 13FJ1t. r9� Michael Gengler Group Vlce President State of 11inois,County of Cook,ss: On is- ls 25th day of June,2002,before me personally came Michael Gengler to me known,who, being by me duly sworn,did depose and say:thathe resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading, Pennsyitanla a Pennsylvania corporation described In and which executed the above instrument;that he knows the seals of said corporations; that the 4als affixed to the said instrument are such corporate seals,that they were so affixed pursuant to authority given by the Boards of Directors: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 corsorations. + OFFICIAL SEAL" DIANE FAULKNER Notary Public,State of Illinois My Commission Expires 4/17/05 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I,Mtsry A. Ribikewskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford'R a Connecticut corporation,and American Casuafty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attomey herein above set forth is stili in force,and further certify that the By-Law and Resolution of the Board of Directors of the corprations printed on the reverse hereof is still in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the said i,mrporstlons this 30th day of__. AU, ist Z�oz Continental Casualty Company : ynra+urs ar National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania REAL AiYzsr' 1197 gAil[t�' ! fi Mary A.Ribikewskis Assistant Secretary (Rev. tui l/01) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: "his Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Direr ors of the Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the kxecution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to to limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and Oxecution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the i"'resident or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority Previously given to any attorney-in-fact." his Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Direrors 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 �o 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 'ecretary 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 c.xecuted and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is nttached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Direcors of the Company. "Article Vl-- xecutlon 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 ::roup Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act In behalf of the Company in the r:icecution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to tie limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and rieecution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice f resident may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney,is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Direrpors 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 h3 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 SAcretary 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 r <ecuted and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it Is otached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: T1is Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 ay 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 tkne 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 Attorney-in-Fact,subject to the limitations set forth in their M..Apective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument acid to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or We Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." T° is 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,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 D-rectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be axed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be �rrilid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall wth 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 3D, 2002 before me Sandy Banner - Notary Public Oats NAME, TITLE OF OFFICER.. 'JANE OOE, NOTARY FuBLIC" personally appeared Pamela L. Stacks NAME(S)OF SIGNER(S) { ) personally known to me-OR - (..,y.._.) proved to me on the basis of satisfactory evidence to be the personls) whose name(*Is/s Moubscribed to the within instrument and acknowledged to me that b*she/#M executed the same in blw/her/toX authorized capacity(f , and that by P IwherJA signature($) on the instrument the person(S), or the entity upon behalf of which the person(o acted, executed the instrument. �SAND�Y NANMANNER� ilaCommission#1362157 WITNESS y hand and.Aeal. Notary Public-Calftnia Loa Angeles County My Comm.Expirn Jul 2,2406 SIGNATfJRE OF NOTARY 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. CAPACCT'Y' CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (�} INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (r.} 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 Comoanv of Hartford SIGNER(S) OTHER THAN NAMED ABOVE t3id7�2e.6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT_ State of California ss. County of Los Angeles On l;P Pmha 2.00,before me, Ann Pell ant, NotaryPublic Daft Nara#and TItte of Officer(a.g.,'Jane Doe,Wary Public") personally appeared ._ Nathan Sha e3 l lnod Margaret Leong Name(a)of Signsr(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that-fwthey executed �r�`.#r► :.�.. the same in hisiheiftheir authorized ANN PEtj J capacity(ies), and that by 44eJwmAheir C'txtrmisstW t signature(s)on the Instrument the person(s), or Notary ptv-%- ;T the entity upon behalf of which the person(s) Los Angeies County F acted, executed the instrument. Q-1-- WCcrnrn.B#mNclvl7,2M4? """IN!'"W 110 WITNESS my hand official seal. Signature of Notary Public; OPTIONAL Though the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: — Signer(s)tither Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ® Individual fop of thumb here 0 Corporate Officer Title(s): El Partner—0 Limited 0 General 0 Attomey-in-Pact 0 Trustee © Guardian or Conservator © Other: Signer Is Representing: 0 1999 National Notary Association•9380 D#Soto Aw.,P.O.B=2402•Chatsworth,CA 91313-2402•www.natlonainotary.org Prof.No.5907 Reorder.Call Toll-Fre#1.900.978.6927