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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-633 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 8, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DSAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2002!633 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for SUB 7984, for subdivision 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 7984, located in the San Ramon area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9.of the County Ordinance Code, as follows: I. Cash Bond Deposit Amount: $26,900.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date: 391840, August 22, 2002 TR:cw I hereby certify that this is a true and correct copy of an action Originator: ngSvc\$Works(Es)B o2\SLJB 7984 BO 16.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works{ES) Contact:Teri Ric(313-2363) the date shown. cc: Public Works-T.Bell,Construction Current Planning,Community Development 2003 Shap ll Industries of Northern California ATTESTED: OCTOBER 08 , 2002 P.O.Box 361169 JOAN SWEETEN,Clerk of the Board of Supervisors and County 100 North Milpitas Blvd, Milpitas,CA 95033 Administrator ATT:Sam Worden Steve Savage&Jim Gold National Fire Insurance Co.of Hartford 21650 Oxnard street,#600 Woodland Hills,CA 91367 By Deputy RESOLUTION NO.2002/ 6 3 3 SUBJECT": Approve Subdivision Agreement (Right of Way Landscaping) for SUB 7984, for subdivision being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) DATE: October 8, 2002 PAGE 2 II. Surety Bund _ Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247987,August 14, 2002 Performance Amount: $2,658,800.00 Labor&Materials Amount: $1,342,900.00 Principal: Shapell Industries of Northern California NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20021533 I SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and 166463) i Subdivision: SUB 7984 Effective Date: ____ Subdivider: SHAPELL INDUSTRIES OF NORTHERN Completion Period: 1 year CALIFORNIA THE"E SIGNATURES ATTEST 70 THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Directo SHAPELL INDQSTRIES OF NORTHERN CALIFORNIA By: Z+lnn (signature) (Plint Hama rev re, RECOMMENDED FOR APPROVAL: � By: (rdgnaturo) B Engir>eering Services vi to (Print name atiti®) t1iC� - r1 FOR��I APPROVED: Victor J. Westman, County Counsel 1!5 . (NOTE:Ali signatures to be acknowledged. If Subdivider is Incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called'County.'and the alcove-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs.,:street lights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) 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 tf-e Centra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereo€.as required by the California Subdivision Map act(Government Code§§66410 and following),In a good workmanlike manner,in accore)ance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and m1ings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $26 900.00 cash,plus additional security, in the amount of_$ 2.658,800.00 which together total one hundred percent 1009'x)of the estimated cost of the work. Such � additi .nal security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider 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 of$ 1.342,900.00 ,which is fifty percent(SO%)of the estimated cost of the Work. Such security is presented In the form of: a . Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furr'shing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. I 4. GUARANTE AND WARRANTY F WOF . Subdivider guarantees that said work shall be free from defects in material or worknIsnship ands ail perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 66-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any dfects 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 systeot 5. PLANT ESTABLISHMENT ISHMENT WORD. Subdivider 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 oilier 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 a period of one-year from and after the Board of Supervisors accepts the work as complete. At the:discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County. 6, IMPROVEMENT PLAN WARMNTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work pis promised inion 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 complete or during the one-year guarantee period,said Improvement plans prove to be Inadequate in any r spect,Subdivider shall make whatever changes are necessary to accomplish the work as-promised. 7. NO WAIVER COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any offices:, 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 of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve) the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and Indemnify the indemnitees from the liabilities as defined in this section: A The Indemnitfg, benefitted and protected by this promise are the County,and Its special district,elective and appointive boards,commissions,o� €facers,agents,and employees. B. The I lift# protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened beta%se of actions de Ine below,and Includingg 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 the County reviewed said €mr4ement plans or aorepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said i€abllltles.and claims. C. Then i I I are any act or omisslon(negligent or non-negligent)In connection with the matters covered by fti Agreement and attributable to e u ivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; L3. Non- onditlons: The promise and agreement In this section are not conditioned or dependent on whether or not any Inderlrnitee has prepared,supplied,or approved any plans)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 art!indemnify. 9. :j: QOM: Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities requited thereby. 10. shall set and establish surrey monuments In aocordance with the filed map and to the satisfaction of the Cour#: Road rmiy lssloner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERF�t, MANGE AND r OSTS: If Subdivider falls to complete the work within the time specified In this Agreement, and subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or other;:vise,:and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,Inspection, surv4,ys,contract,overhead,etc.)Immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the C,bunty proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Sutdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorneys fees,and all other expenses of litigation Incurred by County In connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANN I If,before the Board of Supervisors accepts the work as complete,the subdivision Is included in ter-1tory Incorporated as a city or is annexed to an existing city,the County's rights under this agreeme�'Wd/or any deposit,bond,or lettecof credit securing said rights shall be transferred to the now or annexing city. Such city shall have all the rights of a third party bene<iclary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Sublvislon. AwJap:: ti:tCtry 4taWJVSvcTM*N,AGwoRDAG-VXcloo RW Nkiy 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � �'��� CLP"� ss. County of I On--- , before me, � t. Name and Title of Officer(e.g.,"Jane Doe,Notary Publla") personally appeared Robei C� •- r� J,� � � Name(.)of Signer(.) .�9 personally known to me ❑ proved to me on the basis of satisfactory i, evidence to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged to me thatAekJ;e/they executed the same in *sAw/their authorized ..r.. .�,.�..= capacity{ies}, and that by .l W their JANICE T,KRUSE signature(s)on the instrument the persons), or Commission#1318897 the entity upon behalf of which the person(s) Notary Public-Callfomia Santa Clam County acted, executed the instrument. My Conn.ExpiMa Aug 24,2W5 ITNESS my hand an official seal. Place Notary Seal Above Signature of Notary Public I O !I4/ AL Though the information below is not required by , 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 d cement Title or Type of Document: Lx)2 o S s—No t i Document Date: (dumber of Pages: Signer(s)Other Than Named Above: Capacity(les) Maimed by Signer Signer's Name: Individual Top of thumb here . Corporate Oft}cer--Ti#le(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I. Signer is Representing: I. 0 199&National Notary Association•XM De Wo Ave..P.O.Box 2402•Chawwrth,CA 91313-2402•www.nationainotary.orq Prof.No.5907 ReoMer.Call Toll•Fr.e t•909.87&6927 COUNTY OF CON COSTA DEPOSIT PE IT -)OFFICE OF COUNTY DIT -CONTROLLER TO THE TREASURER: MARTINEZ, LIF IA RECEIVED FROM IOWn0 ANIZATION NUMBERWictO LL ' (For .Collectioh' Procedures see-C fy Administrator's Bulletin 105.). DESCRIPTION FUND/ORG: ASCI) 1 TASK OPTION ACTIVITY AMOUNT -ell JfiliQ 1 111 1 f s1 10, i - p Lo I I Ott)U I I h I I I�1 I I— I I I I T. �I I I .ti I JUJUAWT 'EFZ I _L-A 1 µ - an .961( EXPLANAT } TOTAL $ i. ky vc o DEPOSIT171 Deposit cbraists of the followinghm COIN and CURRENCY $ CHECKS,M.C� ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE.ONLY DEPOSIT PERM)T"4— DP NUMBER DATE 840 —AUG-22"02/ AM The amo if money described.above is for Treasurers receipt of above amount is approved Receipt of above amount is hereby dap ut:.into*f County T ury. acknowledged.. r. Data t' ' iHI .. ) Sig'ne& Si d: TitkF: 11, T. . : s aputy County Audihx Depu �Treasurer • 000649-9665 / 831000: 61093910, Shaped Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 $49,920.00, DA 0004 plan Check $44,000.00, DA 0004 Improvement Inspection 819800-0800: 61093897, 8 200,00, RA 1103 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093898, 11.000.00, RA 1104 Cash Bond, Shapell Industries of Northern/ California, 100 North Milpitas Blvd. Milpitas, CA 95035 8198000800: 61093899, J6,600a00, RA 1105 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093900, $1,200.00, RA 1116 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 '" 819800-0800: 61093901, $2,300.00, RA 1117 Cash Bond, Shapell Industries of Northernv' California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: G1093902, $19,800.00, RA 1122 Cash Bond,Shapell Industries of Norther California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093903, $1,800,00, RA 1125 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 198000800: 61093904, $26,900.00, SUB 7984 Cash Bond, Shapell Industries of o n California, 100 North Milpitas Blvd. Milpitas, CA 95035 8198000800: G1093905, $5,500.00, PA 0003 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 819800-0800: G1093906, $77.600.00, RA 1122 (SUB 7984) Cash performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 8198000800: 61093907, $541800.00, SUB 7984 (Neighborhood #1) Cash performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093908, $21,300.00, RA 1114 Cash performance Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 819800-0800: 61093909, 16,400.00, RA 1125 Cash Bond, Shapell Industries of Northern/ California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 / 831000: 01093888, $500.00, RS 2698 record of Survey Map Check Fee, DeBolt Civil Engineering, 811 Sam Ramon Valley Blvd., Danville, CA 94526. 000649-9665 / 831000: G1093889, $500.00, RS 2699 Record of Survey Map Check Fee, Real Estate Engineering, Inc., 1760 Halford Avenue, Ste 360, Santa Clara, CA 95051 000649-9665 / 831000: 61093897, I20,166.00, RA 1103 Landscape. Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093898, g,000.00, RA 1104 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 000649-9665 / 831000: 61093899, $33,295.00, RA 1105 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665,,/ 831000: 61093900, 8 968 00, RA 1116 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093901, 114,034.50, RA 1117 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093902, $46.219.00, RA 1122 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093903, 111,388.50, RA 1125 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 000649-9665 / 831000: G1093904, $62.178.25, SUB 7984 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas., CA 95035 000649-9665 / 831000: G1093905, $28.147.0, pA 0003 Landscape Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: 61093908, $48,554.89, RA 1114 plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 000649-9665 / 831000: G1093909, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas,CA 95035 $18.834.00, RA 1125 plan Check $27.345.99, RA 1125 Improvement Inspection $13,563.00, RA 1125 Landscape Inspection 819800-0800: 61093910, $9,000.00, OA 0004 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 Subdivision: 7984, Gale Ranch 11 Bond No.: 929247987 Premium: $13,294.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. Rr Stc�N AGxt « The Principal has executed an sent with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 7984, Gale Ranch 11 as specified in the Subdivision Agreement of Way Landsc , and to .complete said work within the time specified for completion in the Subdivision Agreement (Right of Way La xWeping), all in actor dence with State and local laws and rulings thereunder in order to satisfy conditions jbr fftg of the Final Map or Parcel Map for said Subdivision. 2. OBLLQShaped Industries of Northem California.A Division of Shanell Industries. Inc. ,asPxincipal,and iNafion-aMm Insuranci„Company_of Hartford ,a corporation organized existing under the laws of the State of C ,and authorized to transact surety busmess in Caffonua, ,.as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and ;assigns to the County of Contra Costa, California to pay it: A. pertorxnance and Guarantee: Two Million Six Hundred t=ia Eight Thousand Elght Hundred Dollars and 001100 Dollars(S 2,658,800.00 )for itself or any city assignee under the above County Subdivision Agreement,plus payment: One Million Three Hundred i°orty Two Thousand Nine Hundred Collars and 001100 Dollars($ 1,3$2,900.00 )to secrue the claims to which remix is ma&ria Title XV (commencing with Section 3082) of fart 4 of Division SII of the Civil Code of the State of California. 3. ox« t1. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Prkw#* 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 tbereof 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#heir true intent and meaning, and shall indemnify and save harmless the County of,Cpptra 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 firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount.not exceeding the amount Dein 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 Fart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SYgff D AND SEALED on . August 14, 2002 Shapell Industries of Northern pRMCIPAL:California,A Division of Shapell Industries,Inc. SURETY:TY; National Fire insurance Company of Hartford Addre. s: 100 North Milpitas Boulevard_ Address: 21650 Oxnard Street, Suite 600-4 City: €Milpitas gip; 95035 City:Woodiand Hills Zip; 9136' By: By: 'J'y Print Mamie: N an Shapell Print Name: Ms4let F. L ng Title: Pr+~sid t Title: Attorney-in-Fact By: Print Name and Title: Margare Bong, ice President /Secretary MMIMAPMATA GLpDFORMODDT ndw POWER OF ATTORNEY APPOINTING iNDMDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania cor.poradon(herein collectively called"the CCC Surety Companies"),are duty 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 signature and seals herein affixed hereby matte,constitute and appoint BVI Leon Individually of Beverly Hills,California ths,r true and lawful Attorney(s)win-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, um ertakhV s and other obligatory instruments of similar nature In Unlimited Amounts• and-to bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations and all t)e attar of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their con orate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA w AKY�7r, WEAL /�� !/• tam Marvin J.Cashion Group Vice President Stak-9 of Illinois,County of Cook,as: :On this 18th day of June 1998 ,before me personally dame MasAn J Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,Stade of Illinois;that he ,a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE.COMPANY OF HARTFORD,and AM(RICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument that he knows the soar of said corporations;;that the seals affixed to the said instrument are such corporsts seals;that they were so affixed pursuant to authority gI by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be tie act and deed of said corporations. My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE Mary A. Ribikowelds,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,said AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney heroin abows set forth Is still in force,and further car*that the By-Law and Resolution of the Board of Directors of each corporation printed on the revs£ he of are still in roe.In testimony whereof I have hereunto subscribed my name and the of the said corporations this'It day of L't Lt S± �. CONTINENTAL CASUALTY COMPANY r1ISi►A �`s'a' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA y �1 �. SEA. Mary A. Ribikawskis Assistant Secretary (Rev.1 W,1l97) 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 Directors 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 on of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomsys-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 attorney-in-tact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dirac:tors 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 be ,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 executed and sealed and :certified by certificate so executed and sealed shat,with respect to any bond or undertaking to which it is attached,continue to be valid and "binding on the Company." ADOP`ED 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<.ompany. uArticie W—Execution of Obligations and Appointrnsnt of Attomay4 n-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 tinge to time,appoint by written cortificates 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 attomsys-Irrfact,subject to the limitations set forth in their respective certificates of authority,shat have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke at 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 hollowing Resolution adopted by the Board of Dirtctorai of the Company at a meeting duly caged 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 be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article A of the By-Laws,grid the of the Secretary or an Assistant Secretary and the a"of the Company may be affixed by facsimile to any cortificate of any such power and any power or certificate bearing such facsimile signature and seal shat be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the 3oard of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice Presktennt of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to art in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nurture.Such Attorney-in-Fact,subject to the Ihnitations set forth kr their respective certificates of authority,shalt have full power to bind the Cmwnstion by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke at 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 fotowirng Resolution adopted by the Board of Directors of the Company at a meeting duly celled and held on the 17th day of February,1993. 'RESOLVED:That the signature of the President,an Executive Vide President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1893 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shag 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." state of California County of LdS An{�el@S ] On LL._ ' — 0 2' - - before me. L R� (1�. G2..o e 061* - NAME. TITLE OF OFFICER.. JANE 00E.NOTARY ?USLI& personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (-X-) personally known to me-OR --(_.._..) proved to me on the basis of satisfactory evidence to be the person(:) whose name(A) isl=subscribed to the within instrument and acknowledged to me that ski/shetXvrglcexecuted the Same in WeVher/ttmWauthorized capacity{}I . and that byz'SGther/tom signature(I) an the instrument the person( ), or the entity upon behalf of which the person(*) acted, executed the instrument. -�� ..r►.rl� WITNESSWny hand and official seal. w.. ANN PFI I NT k, t xnrnts #1294= SIGNATURE OF NOTARY MyC.cr m.r ,-Stv7vtf.x k4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT { } PARTNER(S) (�.) LIMITED { .. ) GENERAL NUMBER Of:PAGES (-..) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIANICONSERVATOR ( ) OTHER DATE OF DOCUMENT SICKER IS REPRESENTING: NAME,OF PERSONS) OR ENTITY(IES) National Fire insurance Company o art or SIGNER(a) OTHER THAN NAMED ABOVE Ct•t ttx�t4-8 ••• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On August 14, 2002 before me, Ann Pellant, Notary Public Date Name ena'tltfe o1 Of m{a.g.,`.3sra Doe,N&wy PLA&I personally appeared Nat, an Shanel l and Margaret l Bang .Neme(s of Sigraa(s) *ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4sfare subscribed to the within instrument and acknowledged to me thatcWhey executed the same in 44�thsir authorized capacity(ies), and that by *i~thelr sig'16nature(s)on the instrument the person(s),or ANN PELLANT the entity upon behalf of which the person(s) # � Com rl Icer 1 ' i2 acted,executed the instrument. No'': y Pt,t. .-C !Iatlda a Los Jv1 Coot tty WITNES y hand an ciai I. lVVCcrnm.E Nov 17, Signature of Notary PuW OPTIONAL Though the Information below is not required by law,k may prove valuable to persons raying on the document and could prevent fraudulent removal and reattachment of this fmm 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: WMEM ❑ Individual Top of thumb here * Corporate Officer—Title(s): © Partner—❑Limited ❑General ❑ Attorney-In-Fact ❑ Trustee ❑ Guardian or Conservator -� ❑ Other: Signer Is Representing: 01999 Natlonal Notety Ae mWilon•MW De Soto Ave.,P.O.Box 2402.Chateaorlh,CA 99819.2402-www.natlona1rwtary.or9 Prod.No.6907 Reorder.Caq Toll-Fres 1.800.076.6927