HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-126 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on February 25, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEIyA, GERBER GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO 2003/ 126
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for RA 1130
(cross-reference SUB 7976) being developed by 11rookfield Ambridge LLC, San
Ramon(Dougherty Valley)area. (District ILC)
The following document was presented for Board approval this date for, RA 1130 (cross-
reference SUB 7976)located in the San Ramon(Dougherty Valley)area.
A Subdivision Agreement (Right-of-Way Landscaping) with Brookfield Ambridge LLC,
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 Deposit
Deposit Amount: S 1,100.00
Deposit made by: Brookfield Ambridge LLC
Auditor's Deposit Permit No. and Date: 399708, January 30, 2003
L hereby certify that this is a true and correct copy of an
LT:cw action taken and entered on the minutes of the Board of
0:\GipData\EngSvci>3ot2003t2-25-031RA 1130 H0.16.doe
Orl$lnator: Public Works(ES) Supervisors on the date shown.
Contact: Teri Rie(313-2363)
Public
Currentte&Ctl int ATTESTED: FEBRUARY 25, 2003
T 1z-z9-03 ield Ansbridge LLC(Pl)
Brookfield JOHN SWEETEN,Clerk of the Board of Supervisors and
Daniel R.Moose County Administrator
5960 Inglewood Drive,Suite 200
Plessantm CA 94588
Anrermrican Casualty Con"ny of Reading,Pennsylvania
Vfir:nia Copland
CNA Plaza, 31 South By Deputy
Chicago,EL 68685
RESOLUTION NO.2003/ 126
0
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for RA 1130
(cross-reference SUB 7976) being developed by Brookfield Ambridge LLC, San
Ramon(Dougherty Valley) area. (District 10)
DATE: February 25, 2003
PAGE: 2
II. Surety Bona
Bond Company: American Casualty Company of Reading, Pennsylvania
Bond Number and Date: 58608915,January 27, 2003
Performance Amount: $107,700.00
Labor&Materials Amount: $54,400.00
Principal: Brookfield Ambridge LLC
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. 2003/126
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
"FICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ.CALIFORNIA �
RECEIVED FROM
t i ORGANIZATION NUMBER
Ll GL�
(Far Cash Collection Procedures sea County Administrator's Builotin 105.)
DESCRIPTION FUNDJORG SUB.
TASK OPTION ACTMTY AMOUNT
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EXPLANATION:
no odo
DEPTOSIT ` `..
�/` � Deposit consists of the follow' items
y~ CURRENCY $
t r .MO,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
Vol �. -- NU R DP
ASSIGNED
The amount of money dftaribed above is forTreasurer's receipt of above amount is
deposit Into% 'C T Receipt of above amount is hereby
acknowlisidged
Signed' DatA C
Title. ty�
o i
Deputy County Treasurer
EXT. tsu . Steed:
D-34 , .(7-43)
COUNTY OF CONTRA COSTA
>-
DEPOSIT•PERMIT _ Ce r c�a
,)FICE OF COUNTY AUDITOR-CONTROLLER }
TO THE TREASUREk: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
C—)
(Far Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG A� TASK OPTION ACTIVITY AMOUNT
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EXPLANATION:. TOTAL ,
DEPOSIT t
Deposit consists of the following iterns
COO..49nd CURRENCY $
Ct Cf43 i,kCLFES ,w� $
BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
PERMIT DEPOSIT NUMBER 1 —
DATE 1 I 3
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is
deposit into the County Treasury. aped Receipt of above amount is hereby
f acknowledged.
Signed: Date r ..�. d
rifle: � c. r? EXT " ' - d' Signed; g.
° • Deputy Tnsasunx
D-34 REV(7-93)
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2 ° 5 u t Records
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000682-9752 / 819200: G1109344, $2,500.00, Vacations 2 Ardmore Road
Kensington (0676-6Q1868), Lloyd I. & Susanne Hoeber Rudolph, 2 Ardmore
Road, Berkeley, CA 94707
000649-9665 / 831000: G1109018, The City of Orinda, Box 2000, Orinda,
CA 94563
500.00, RS 2739 Record of Survey Map Check Fee
$500.00, RS 2740 Record of Survey Map Check Fee
000649-9665 / 831000: G1109019, $500.00, RS 2751 Record of Survey
Map Check Fee, Nancy E. Rothermich, 1630 North Main Street, PMB 441,
Walnut Creek, CA 94596
000649-9665 / 831000: G1109022, $45,250.00, SUB 8669 Major
Subdivision Civil Inspection, Brookfield Ambridge LLC, 5960 Inglewood
Drive, Suite 200, Pleasanton, CA 94588
000649-9665 / 831000: G1109023, $9,200.00, RA 1130 Landscape
Inspection Road Acceptance, Brookfield Ambridge LLC, 5960 Inglewood
Drive, Suite 200, Pleasanton, CA 94588
000649-9665 / 831000: G1109026, $14,702.00, LP 01-2061 Improvement
Plan Check, St. Anne's Parish, 2995 Taylor Lane, Suite #5, Byron, CA 94514
000649-9665 / 831000: G1109027, Torsten &Tineke Jacobsen, 777
Northgate Road, Walnut Creek, CA 94598
1,,575.00, MS 4-96 Map Check Deposit
$4,841.00, MS 4-96 Inspection Deposit
°819800=0800;- GI109024, 1` 100:00; RA 1130 Ldhd§6dpe ' Cdsh'. Bond,
Brook,field ,Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA
94588
819800-0800: G1109025, $9,300.00, SUB 8669 Major Subdivision Cash
Performance Bond, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite
200, Pleasanton, CA 94588
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463)
Subdivision: RA 1130(Cross-Ref SUB 7976) Effective Date:
Subdivider:
t
Subdivider: j�'l Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES
AAG--R�EEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shlu, Public Works Director , a/ -�,�
By: O � i'v'
(signature)
(print name �� S Qlti
RECOMMENDED FOR APPROVAL:
By: (signature) AAAmA
Engrneering ervices71ctor
)on (print name A title) &vn%kAjwtm _ P cpo
FORM APPROVED: J.Westman, County Counsel
(NOTE:All 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"Coun ,"and
the above-mi enTone 9U-1Rivider,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, stye8-8F1[%-, fir-9Tydrants, 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 the Contra 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
hereof as required by the California Subdivision Map act(Government Code§§68410 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 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 Coun r Hance o e,prove a as security to the County:
A. For Performance and Guarantee: $ 1 100.00 cash, plus additional security, In the amount
of $ w c loge er one un r percen 0%)of the estimated cost of the work. Such
add3fiona ascan —is presen e n e form--&. f
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$ 54.400.00 ,which is fifty percent(50%)of the estimated
cast of the work. $uch secu ty Is presented in the form of:
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 furnishing 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.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workman pan s p orf sa o raps od of one-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. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
system. The guarantee period does not apply to road Improvements for private roads which are not to be accepted Into the County road
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Saidplant esfa-blishment woiRshall 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 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 WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 an 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 pians prove to be inadequate in
any respect,Subdivider shall make whatever changes are necessary 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 OmPloy'05670FIFFUounty 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 indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,o cagents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de1Tn_e_3Te16w,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 the County reviewed said
improvement plans or accepted the work as complete,and Including the defense of any sufi(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing Ilablllty are any act or omission(negligent or non-negligent)In connection with the matters covered
by this Agreement and attributable e u RlIvIder,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 prepare ,supp sW,or approved any plan(s)ors tlon(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.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County oa mmissioner-Surveyor before acceptance of any work as complete by the Board of,Supervisors.
11. NON-PERFORMANCE AND COSTS: if Subdivider falls to complete the work within the time specified In this Agreement,and
subsequent extensi-o-n-s,--Or-IiTs-16-m—aTn-gFn-The work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,Inspection,
surveys,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 County proceeds to complete and/or maintain the worse.
Once action Is taken by County to complete or maintain the work,Subdivider agrees to pay all costs Incurred by the County,even
if Subdivider 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 attorney's fees,and all other expenses of litigation Incurred by County in connection therewith,even
if Subdivider 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 IncorporaRO as a cq ors annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against 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
Subdivision.
*-Jap
G:%GrpData\Enp8vcTomis\AG wORDWG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 1'1tt�,.
OPTIONAL SECTION
County of y� _..ln
-t� CAPACITY CLAIMED BY SIGNER
On l of t} ,beforeme, L_ L L-�ti{1/1�
A Though statute does not require the Notary to 1111 in
the data below,doing so may prove invaluable to
personally appeared 3 6AY ek persons relying on the document.
19 personally known to me-OR-0 proved tome on the basis of satisfact ORP DU
ora evidence is 0 d CCORPORATTEE
OFFICER:(S)
be the persons)whose name(s)ie/are
subscribed to the within instrument and
i acknowledged to me that helake/they executed
r° DEBRA L. L.EVINE� the same in his,4rer/their authorized 0 PARTNER(S) C LIMITED
COMM.#1218087 capacity(ies} and that by hisAw/their 0 GENERAL
• NOTARY PUMIC-CALIFORNIA® signature(s)on the instrument the person(s)or O ATTORNEY-IN-FACT
ALAMEDA COUNTY n the entity upon behalf of which the person(s)
d TRUSTEES)
COMM.EXP.MAY 3,2003 -+ acted,executed the instrument. d GUARDIAN/CONSERVATOR
WITNESS my hand and official seal, CJ OTHER:
SIGNER IS REPRESENTING:
(NAME OF PERSONS)OR MMW(MS)I
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED � uI1 i
Tido or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable
Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS Tn NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the Signature.name mus sign exac y as it is typed or printed. The
H• SIGNATURES FOR INDIVIDUALS o The name must be signed exactly as it is printed or typed. The Signer's interest in the
pro mus e slarra.
III. SIGNATUI{ES FOR PARTNERSIIPS - S
bl&nMg party must be either a general partner or be authorized in writing to have
e
—14101ILY to sign tor ana t)md Me partnerslip.
IV. SIGNATURES FOR CORPORATIONS
acumen s a sign y o n cern,one from each of the fallowing two groups:
GROUP 1. ( The Chair of the Board
))The President
c Any Vice-President
GROUP z. a The Secretary
An Assistant Secreta
The Chief Fm mtj Officer
C
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
X:nm
O: a1ZA9SvelFarmtWORDFORMSIALLPURPOSENMARY.dce
Subdivision: RA 1130(Cross-.Ref SUB 7976)
Bond No.: SRF,(�R91
IMPROVEMENT SECURITY BOND
FOR p'UBLTC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGW9I9MENT. The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision RA
1130 (Cross-Ref SUB 7976)as specified in the Subdivision Agreement(Right of Way Landscaping),
and to complete said work within the time specified for completion in the Subdivision Agreement(Right
of Way Landscaping);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. OBLIGA7TON., Brookfield Ambridge LLC ,as Principal,and
American Casualty company of Re^d i no�Paan corporation organised existing Undo the laws
of the State of Illinois , 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, Califomuia to pay it:
A. Performance and Guarantee: One Hundred Seven Thousand Seven Hundred and 00/100 Dollars
(S 107,700.00 ) for itself or any city assignee under the above County Subdivision
Agreement,plus
B. Payment: Fifty Four Thousand pour Hundred and 00/100 Dollars
(S 54,400.00 }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. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand
to and abide by, and well and tn.ily 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
assignec),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.
ka
As part of the obligation soured 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 tasted 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 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 thein 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 pian 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 January 27., 2003
PRINCIPAL American CasualtyCompany of
rOOkfiPld Amhrit gra LLC SURETY: _Rparlinoy N-nn-g4m p
---- A n 9 A
Address: 5960 Inglewood Drive, Suite 200 ,Address: CNA Plaza 13 South
City: n Zip: -945R3—
CIS'• c L ip: A
By. 01,A4J By: —
Print Name. - �3Aw►E,11 -- print Name: Virgin Copland
Title: J AEta Title: Attorney—in—fact
:MW
N�PWSiWHARDATAtcrpDtto suai;vvc�romw1BN WORMSN-IZkdx
Roy.Juno 17,1999
F10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
*[W n a
OPTIONAL SECTION
�,Wjillk ii ��.,, CAPACITY CLAIMED BY SIGNER
before me, Eek �,.. l.>� TXM Though statute does not require the Notary to fill is
nn the data below,doing so may prove invaluable to
personally appeared it, mnou- persons relying on the document.
A
❑ INDIVIDUAL
ff'personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS)
be the person(owhose name(.)is/see•
subscribed to the within instrument and
acknowledged to me that he/ executed
the sane in hislhentkeirauthotized ❑ PARTNER(S) ❑ LIMITER
capacity(iafi)►and that by his/he"Wivir- ❑ GENERAL
'- DEBRA L. LEVINEsignature(&)on the instrument the persona)or ❑ ATTORNEY-IN-FACT
�} COMM.81218097 + the entity upon behalf of which the person(&) ❑ TRUSTEE(S)
_ NOTARY PUSUC-CALIFORNIA G) acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
ALAMEDA COUNTY 0 ❑ OTHER: _
COMM.EXP.MAY 3,2003 i WITNESS my hand and official seal,
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ID17TM(ffiS))
OPTIONAL SECTION
FTms
CERTIFICATE MUST BE ATTACHED Title or Type of Document (}
HE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law;it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer($)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the si
name mus a sign exec y as it is typed or printed. gnature. The
H. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
prope mus e s e .
in. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writingtO have
e au On o st or an m e partnership.
IV. SIGNATURES FOR CORPORATIONS
`vk,u"'cuEs SnOula De Signe y o o cera,one from each of the following two groups:
GROUP 1. (a}The Chair of the Board
((b)}The President
c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
C
The Chief Financial Officer
The Assistant Treasurer
If signatures Of officers from each of the above two groups do not appear on the instrument, a certified COPY of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,, suf c .
Notarization of only one corporate signature Or signatures from only one group,must contain the f011owing phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC.M.
� 'FbW�tsvciFoamelwORn FORM \AU PURPOSE NOTARY.d.
VFW
Title of Document - Bond #58608915
ACKNOWLEDGEMENT OF CORPORATE SURETY
Province of Ontario
County of Middlesex , to wit:
5
On, January 27 2003 before me, 0 r �for
�,•' Notary Public,
personally appeared, Virginia Copland, Attorney-in-FacAmerican Casualty Company of
Reading, Pennsylvania, personally known to me to be the person(s)whose name(s) are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the person(s)
acted, executed the instrument.
WITNESS my hand and seal.
Signature
Notary Pu '
My Commission Expires ►_
V
This area for official seal
G:1Data\Copland\Word\Bonds\American Cas.Co.of Reading,PN-BondMAcknowiedgement for Bond.doc
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 i
Hartford,a Connecticut corporation, and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein call
"the CNA Companies*),are duty organized and existing corporations having their principal offices in the City of Chicago,and State of illin
and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint
David Slade.Joan Cummings,Derek Shanks,Virginia_Copland, Individually
of London,_Ontario
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute kir and on their behalf
bonds, undertakings 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 corporation
and all the acts of said Attomey,pursuant to the authiority 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.
In Witness Whereof,the CNA Cornpanies have caused these presents to be signed by their Vice President and their corporate seals
be hereto affixed on this 29th day of January,2002.
Continental Casualty Company y
NellOnat Fire1
of Hartford
r R
State of Illinois,County of Cook.as:
Can this 29th day of January,2002.beftme me pisirsocelly came Michael CfwMW to mb kr OWM who, b`Y me duly sWOM did depose
and say:that he resides to the City of .Stere of Illinois;tfxat he Is a Group Vkse Preskieatt`of " �.,' ._ Illinois
corporation,Nafionef Fire Insurance Carry Of Hartford,a .ant! of
Pennsylvania,a Pennsylvanian corporalliOn doscribed in and which the above hattrtWxmt that he Itlxms tsgab�yof�C!corporatiorm
that the sbsaldtpndltll 1h !we s se0b. like i3f#h�kd ptaaueht tD. ., 7 of
Y,.
Directom of
ok
tlW they ww.
►bs t bleed o
#`and
said
"OFFICIAL SEAL"
DIANE FAtIbKNERState of C�-a--?,
My Carr�mis Expires 11,,s5
My Commission Expires September 17,2005 Diane Faulkner Y Public
CERTIFICATE
1,Mary 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 stiff In force,and further certify that the By-law and Resolution of the Board of DireCtexs of
the corporations printed on the rrse hereof is st in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of
the said corporations this Qq day of "
Continental Casualty Company
rro National Fire insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
�
x1MMRZ�
SEAL �.
RA �►
Mary A.Ribikawskis Assistant Secretary
i
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 1X---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 attomeys-in-fact to act in behalf of the Company In the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-In-fact,subpect
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.�u�dty
President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power
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 Hoard o
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
be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By-Laws.and the signature of the
Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall.with respect to any bond or undertaking to which It is
attached,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
Directors of the Company. ;
"Asttcle V1--Execudon of Obligations and Appointmont of Om
Section 2.Appointment of Attorney-hi--fact.The Chairman of the Board of Direction%,.ft i G! , t� .;Exactedve.Senior or
Group Vice President may,from time to time,appoint by written certificates in-feet#7r�C k� iii#�e C.rxrtpeny in the
execution of policies of insurance,bonds.undertakings and other obligatory Instruments of like rias.$ Wdomeys4n-fact,subject to
the limitations set forth in their respective certificates of authority,shall have fun power to bind#*+Company by their signature and
execution of any such instruments and to attach the•seat of the Company thereto.The President or any f=7tecuttvgt.Senior or Group Vice
President may at any time revoke all power and authority prevlousN given to any attorney-in-fact"
Thle pie.of Atiorney is signed and sealed by facsimile under and by the authority of the following Resolotion adopted by the Board of
Directors of the company at a meeting duly called and held on the 17th day of February,1693.
-Resolved,that the s of the President or any Executive.Senior or Group Vim President and the air thtq ny may
be by facshniie on any p of granted Pu uant to Section Z of Article,Vt of the 8y-laws.anl***sf t o
Secretary or an`Arssistant ry. to ' r �'jItN+I"tb
power or certificated c r certified
by certificate so executed and sealed shalt,with rasped and gtB seam.tha rn"tis by.
facsimile 6*1 the r�1t fittti R ut►'
exp and seated and certif by pact to any bonddr urdertakt%>girsk
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 Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-in-Fact to act In behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like mature.Such Attorney-In-Fact,subject to the limitations set forth In their
respective certificates of authority.shall have full power to bind the Corporation by their signature and execution of any such Instrument
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 all power and authority previously given to any Attorney-Irv-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
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
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, 1993 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 shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
,,,itt,racnprt to anv bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."