Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-604 G.►t 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/ 604 SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8686 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 SLM 8686 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 l 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 0:1GrpData\EngSvc\B©12002110-01-0215LTB 8686 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Rie(313-2363) CC' Public Works- T.Bell,Construction ATTESTED: OCTOBER O 20W- 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 95033 Attn:Sam Worden&Steve Savage National Fire Insurance Company of Hartford By ,Deputy 21650 Oxnard Street,#600 Woodland hills,CA 91367 RESOLUTION NO.2002/ F n G SUBJECT: Approve Subdivision Agreement (Soundwall) for SUB 8686 being developed by Shapell Industries of Northern California, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 II. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929248009,August 30, 2002 Performance Amount: $34,800.00 Labor&Materials Amount: $17,900.00 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. 2002/604 SUBDIVISION AGREEMENT (50t NOW AL.L) (Government Code§66462 and§66463) Subdi>3sion: SUB 8686(Neighborhood 15) Principal: Shavell Industries of Nor here gAifornia Effective Date: Completion Period: 1 year THESSIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: Q fiA COSTA COUNTY PRINCIPAL Maurite M.Shiu,Public Works Director Shapell Industries of Northern California t S i €a c.) �J V rte�Kl.U.... v REM�& D 7-xz v t3t�C ry By: (s,P.c, ) VA4 Engineering Servi s visi (Print num& C, EQAK `, PPRt0®' D: Victor J.Westman,County Counsel (NOTE All signatures to be ackwwledged.V Principal is in corporated,signatures must conform with the designated representative groups pursuant to Corpcmdons Code§313.) 1. PARTIES&DAT`E Effective on the above date,the County of Contra Costa,California,hereinafter called"CotrntY"and the above-mentioned PdRg rk<jj,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 amendrientsthereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as requires;by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlikemanner,in accordance with accepted constnw<tion 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 coflict 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 Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $LW cash,plus additional security,in the amount:$34.840 which together total one hundred percent(100%)of the estimated cosi of the work. Such additional security is presented in the form of- Cash, 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 acceptor,ce against any defective workmanship or materials or any unsatisfactory performance. B. Por Payment: Security in the amount:$17.940,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 th s security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or Inatenat>;to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount xcurntU s m4y be reduced in accordance with§944.406 am§944.408 of the Ordinance Code. 4. GUARANTEE AND WAARAM OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship andShail perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Arlle 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 establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other woe;,determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for period of one(1)year from and after the Board of Supervisors accepts the work as complete. . 6. ME IMPROVENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as prorused 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 cumplete or during the one year:guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes neccasary 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 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 parvaf 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:agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comily 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' benefited and protected by this promise are County and County's special district,elective and appointive boards, comfnissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of K-tions 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 com fete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions caudU 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; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prep, ued,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covin ing any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required there0y. M 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. ii. I ,BION-PERBOR++tANCR AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extw;;ions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and s Principal to ay surveys,contract,overhead,etc.}immediately upon all casts and charges incurred by County(including,but not limited to: engineering,inspection, P P demald. Principal hereby consents to entry on the subdivision property by Carty and County forces,including contractors,in the event County proceeds to cownplete 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 subs'Nuently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agree,>?to 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. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory i 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 lett,.--.,r of credit said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Princal ,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Inde>nenity)shall continue to apply in favor of time indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. FCC}RD MAP. In consideration hereof,County shall allow Principal to file and record the final niap or parcel map for said subdivision. UDWIf milt,aad Sett SaUtospodeft Do umentsLSoundwaMSUH MA6 AGS-30.doc Rev. Oeober 23,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss, County County of On before me, =-- 1 '_ � - Name and This of Officer(e.g.,°Jana Dos,Nauru PaMdc"1— - personally appeared` w C 1,r�E @"-'"8uN Name(s)of Signer(*) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .ie/are subscribed to the within instrument and acknowledged to me that hefal�elthey executed JANICE T.KRIJSE the same in ktielherltheir authorized _ Commission#1318697 capacity(ies), and that by k (their Notary Public-Californi8 signature(s)on the instrument the person(s),or Santa Clara County the entity upon behalf of which the person(s) MYCOMM.ExpitOAug24,2W5 acted, executed the instrument. TNESS my hand and.offi ' I seal. Signature of Notary Publb OP Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent traudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: k 0 r �� �� ev"44� l vocv,�a Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: El Individual ,3 Top or thumb here ,lm—corporate Officer---Title(s): ` ��l - ❑ Partner—❑ Limited E)General ❑ Attomey-in-Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9960 De Solo Ave.,P.C.Sox 2402 Chatsworth,CA 91313.2402+www.natlonalnotary.org Prod.No.5907 Reorder:Cali TolloFrae 1-506.978.8827 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE T:EASIJRER: MARTINEZ,CALIFORNIA RECEIVED FROM _ ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. A TASK OPTION ACTIVITY AMOUNT i ,dc la)3co 004 go IOU > O 160 6 1 f � b I i i i i i I i i I EXPLANATV,DN; } " �/C� J p '' S C> TOTALDEPOSIT N36.53) 10 Deposit consists of the folbwing COIN and CURRENCY S 2 CHECKS,MA;,ETC.' S b BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT NUMBER DATE' ASSIGNED The amount monay described above is for Treasurers receipt of above amount is apprdved. Receipt of above amoudylls hereby &Po.I.-0toflVCounty.TrMe ury ry .Signed: C�. ' r Dote€L - A gro 7 an Title: T Deputy Coady h+aasunr 04 REV.(Z=93)' - 13 h V ! � t1/ 000649-9665 1 831000: 61108201, $6,500.130, TR 8685 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 1 831000: G1108202, $5,100.00, TR 8686 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000682-9752 1 819200: 61093941, $42.000,00, SUB 7984 Road Improvement Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093942, $9,500.00, DA 0014 Cash Bond, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093943, $8,200.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093944, $1,000.00, DA 0017 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61093945, $1,000.00, TR 8681 Cash Bond, Shapell Industries of Northern 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: 61093947, $1,000.x0, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093948, 11,000.00, TR 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093949, $1,000.00, TR 8683 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61093950, $1,000,00, TR 8684 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: G1108201, $1,000.00, TR 8685 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61108202, $1,000.00, TR 8686 Cash Bond, Shapell Industries of Northern ,s California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 y/ - 000649-9665 / 831000: 61093935, IM. R5 RS 2704 Record of Survey Map Check Fee, Richard R. Sanchez/Lisa D. Sanchez TTEES OT/Sanchez Family Trust DTE), 601 Union Street, Ste. 3929, Seattle, WA 98101 000649-9665 / 831000: 61093936, $500.40, 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, Sontina & Thompson, Inc., 1355 Willow Way, Ste. 280, Concord, CA 94520 000649-9665 / 831000: G1093942, j46._100.00, DA 0014 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Bax 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093943, $40,200.00, DA 0016 Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 0006499665 / 831000: 61093944, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 J§,000.00, DA 0017 Plan Check Fee $8,400.00, DA 0017 Inspection Fee 0006499665 / 831000: 61093945, $5,700.001, TR 8681 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093946,jjZOO.00, TR 8682 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 9503'5 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, 15,500.40, TR 8683 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: 61093950, $5,200.00, TR 8684 Soundwall Inspection Fee, Shapell Industries of Northern California, 100 North Milpitas Blvd., Pa Box 361169, Milpitas, CA 95035 SUB 8686 Subdivision: (Neighborhood 15)-Gale Ranch 11 Bond No.: 92924800,9.- Premium: 29248 09Premium: $174.00 IMPROVEMENT SECURITY BOND Soundwall FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF Supiy1sioN AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision SUB 8686(Neighborhood 15)-Gale Ranch n 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. C)BLIGATION: Shapell industries of Northern California, 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: Thirty Four Thousand Bight Hundred Dollars and 00/100 ($34,800.00 }for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Seventeen Thousand Nine Hundred Dollars and 00/100 Dollars ($ $17,900.00 } 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. Cg1v 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 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 armunt specified tberefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfii.11y 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 personsemployed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be tamed 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 My 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. SIGNED AND SEALED on August 30,2002 Shapeli Industries of Northam PRINCIPAL: Califomia,A Division of Shapeli Industries,Inc. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas gip: 95035City nd Hills Zip: 91367 By: By: t Print.gamle: at an Shapell Print Nam: Pamela L. Stocks Title: President Title: AttorneyAn-Fact By: Print'Name and Tit! : argar Leong, Sec etary :MW \�si\sl nznuIpn,t svcv�.isx �rt- 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 Harttr-rd, a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation(herein called "the w`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 of _- Sherman Maks,California their;rue and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bond;:,undertakings and other obligatory instruments of similar nature —In Unlimited Amounts and tel 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 1S1 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 hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. I,�i 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. zty c. Wtr r€ Continental Casualty Company e0'o"ATt ,,Ncam ® National Fire Insurance Company of Hartford a` + American Casualty Company of Reading,Pennsylvania SEAL { �' a. ?Sol +�as�" • 1 Michael Gengier Group Vice President State of Illinois, County of Cook,ss: On phis 25th day of June,2002,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and say:the;he 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, Pennsytffania,a Pennsylvania corporation described in and which executed the above Instrument;that he knows the seals of said corporations; that the Imats affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Director 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 co-orations. "OFFICIAL.SEAL" DIANE FAULKNER Notary Public,State of Illinois My Commission Expires 9/17/05 t My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1, hairy A Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford.a Connecticut corporation,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in ford.In testimony whereof I have tLefe�u to subscribed my name and affixed the seal of the said dorporations this 30th day of Att USt ZU Continental Casualty Company oowo++�tts gV4WWW National Fire Insurance Company of Hartford . American Casualty Company of Reading, Pennsylvania u WEAL xx i, Mary A.Ribikawskis Assistant Secretary (Rev. W11/01)/01) 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 duly adopted by the Board of Dire.-:tors of the Company. "Article IX--Execution 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 execution 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 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." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dirtors 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 any power of attorney granted pursuant to Section 3 of Article 1X 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 Iny power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so axecuted and sealed and certified by certificate so executed and seated 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: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vt-execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attorney-In-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or ,Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the xerution 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 ,,,,he of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice €,resident 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 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 tm 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 .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 Oxecuted and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is 6ttached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: :'his Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 199: 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 tme to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, fonds,undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their rsspecttve certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument end to attach the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President or One 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 Direc ors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal cf the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Cirectors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be 61fixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and seated and certified by certificate so executed and sealed,shall itAth respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of CALIFORNIA County of LOS ANGELES On August 30, 2002 _ before me, Sandy Hanner - Notary Public (lata NAME, TITLE OF OFFICER_"JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNSR(S) (x) personalty known to me-OR - (—) proved to me on the basis of satisfactory evidence to be the persons) whose name(*Iskamoubscribed to the within instrument and acknowledged to me that litedshe/ii W executed the same in hd>or/her/*slc authorized capacityowlj, and that by PWher signature(S) on the instrument the person($), or the entity upon behalf of which the person(30 acted, executed the instrument. LOMY - ` _ Y _ wdh"lSANDYHANNER WITNESS y hand and 0 eal. Commission 01362157 Notary Public-Ca fmis Los Angeles County Stt3NA RE OF NOTARY Comm.Expires Jul 2,200Q 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) (.-..-j LIMITED GENERAL ( ) ATTORNEY-IN-FACT NUMBER OF PAGES (�) TRUSTEE(S) (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SINNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE C3-1CTiZa-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On September 3, 2002 before me, Ann Pel 1 ant, Notary Public , Date Name and T%a of Officer(e.9.,'Jana Doo,Notary PubBC') personally appeared Nathan Shand 1 and Maraar t l pooh Names)W 9ner(s) ,personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-iWare subscribed to the within instrument and acknowledged to me thatheMtre/they executed the same in .Mather/their authorized ;ANN NN f'E1UNT capacity({es), and that by +ft A"Wtheir signature(s)on the instrument the person(s), or ' Carnrn son#1 the entity upon behalf of which the person(s) �< Ww Public-t,omcmia Los Angeies County acted, executed the instrument. MyLam.&pi mNov 17..27114 WITNESS hand and ' is al. signature oTNotwy P; OPTIONAL Though the information below is not required by taw,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 IM National Notary Association•9360 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationakioteuy.org Prod.No.59D7 Reorder.Call ToG-Free 1.800479-5827