HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-201 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on April 1, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILI{EM, =VER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NOME
DISTRICT III SEAT VAUNT '
RESOLUTION NO. 2I031201
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for DA 0016
(cross-reference SUB 7984) being developed by Shapell Industries of Northern
California, San Ramon(Dougherty Valley)area. (District M)
The following document was presented for Board approval this date for, DA 0016
(cross-reference SUB 7984)located in the San Ramon(Dougherty Valley) 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 (flight-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 Cade,as follows:
I. Cash Deposit
Deposit Amount: $3,300.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and.Date: 392399, September 4, 2002
sG:cw I hereby certify that this is a true and correct copy of an
G:1GrpDatatlangSvc\BOl20031"1-434DA 4016 BO-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES) Supervisors on the date shown.
Contact: T.Ric(313-2363)
cc: Public Works- T.Bell,Construction A` MSTED: APRIL 01, 2003
Current Plasming,Community Development
T-2-1-44 JOHN SWEETEN,Clerk of the Board of Supervisors and
Shapell Industries of Northern California County Administrator
100 North Milpitas Blvd.
P.O.Bose 351169
Milpitas,CA 95035
Attn:Sam Worden&Jim Gold
National Fire Insurance Co.of Hartford By �w°�-- ,Deputy
5820 Canoga Ave.,Suite 200
Woodland Mills,CA 91357
RESOLUTION NO.2003/ 201
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for DA 0016 (cross-
reference SUB 7984) being developed by Shapell Industries of Northern California, San
Ramon(Dougherty Valley)area.. (District IIT)
DATE: April 1,2003
PAGE 2
Tl. Surety Bernd
Band Company: National Fire Insurance Company of Hartford
Bond Number and Date; 929248000,August 23,2002
Performance Amount: $329,700.00
Labor&Materials Amount: $166,500.00
Principal: Shapell Industries of Northern California,a Division of Shapell Industries,Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Warks Department.
RESOLUTION NO. 2003/201
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: DA 0026(X REF SUB 7984) Effective Date:
Subdivider: Shagdl LrAAjdos of Nartbm California Completion Period: 1 year
a ivision of Shapell Industries Inc
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY S�IBDIVIDER; (Name and Title)
Maurice M.Shiu,Public Works Director Shat Industries of Northern California.
a Division of Shavell Industries.Inc.
t� �� A—)
By; y
tP ttume&t iX. /iLLf .t'tSfji+-
RECQM1 LADED FOR APPROVAL: A551. Y+cC. 7995rbF.atr
By: t•isaw
Engineering Services vi io tv t A+tV. wFsrPlot
A6!r,r. 31C"rY.
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: Alt signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code§313)
I. PARTMS A DATE. Effective on the above date, the City of County of Contra Costa, California,hereinafter called "CCo i !," and the
above-mentioned SUMvi ,mutually promise and agree as follows concerning this subdivision:
2. ,IMPKQYEMr M. 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 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(Governnirnt Code§§66410 and following),in a good workmanlike manner,in accordance with accepted
constriction practices and in a mariner 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. iMQ"S ENT_ S . Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County
Ordinance Code,provide as security to the County:
A. ForFcifoma=and Guarow; $3 300 cash,plus additional security,in the amount of which together total one hundred
percent(100%)of the estimated cost of the work. Such additional security is presented in the form of;
_Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performattce 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§&50,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 in-evocable 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§944.408 of the Ordinance Code.
4, CIiAR ARIT°RF AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period 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.
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. 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 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 PIAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as
promised 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 complete or during the one-year guarantee period,said improvement plans 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 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,therefore,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 indemnities from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are the County, and its special district,elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabilifies protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because
of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of
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 suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actionscausing-liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Condi'ons: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly formm any negligent or willful misconduct of any Indemnity.
E. 1. Shapell Industries,Inc.("Shapell")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa
County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,
costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising
out of or alleged to arise out of Shapell's activities under Section 5(c)of that certain"Supplement to Cooperation A t,"dated June,2000,by and
between Shapell and Windemere BLC band Company LLC("BLC")including,without limitation,any claim, cost,loss,liability,damage or other
expense arising out of any action or other proceeding brought by BLC against County or District in connection with any act,approval or other requirement
of County or District in connection with Shapell's activities under the aforementioned Supplement to Cooperation Agreement.
2. Shapell's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of
the County or District or any other person;provided,however,that Shapell shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of Shapell contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. SURA. Subdivider 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. KION-PERF-QRMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain 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 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 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/ANNEXA-TION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,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.
GAGypD&fAThgSvc%S1avaNGgk RawWA 0016-Main Branch1DA00I6 AG-30A doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
S-15 ss.
On :3 _ a o zf, before mer` �
Date' Neme and nW of Of3cor(e.g.,'Jane Doe, �Publlcj
personally appeared
Nam(s)of SW*r(•)
ersonafly known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)„itsr'are
subscribed to the within instrument and
acknowledged to me that Aer{egerthey executed
the same in *~their authorized
JANICE T.KRUSE capacity(ies), and that by #isffher/their
Comrnlsslon#131W97 signature(s)on the instrument the person(s),or
Notary Public'Callfomin the entity upon behalf of which the person(s)
$alta Clara County acted, executed the instrument.
0011M€ V h I-Aug 24.2W5
ITNESS my hand and eal..
Soatur•of Notary PWIc
OP /V
Though the information below is not required by taw, valuable to persons relylrtg an the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document —TY'�• �`t `� g`-�
Title or Type of Document: L pt N --s cz�1? ti N
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capactty(les)Claimed by Signer
Signer's Name:
❑ ividualt�` p + �} S S 1, Tri of thl here
ea Corporate Officer—Titie(s): V i T
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: (�`E'L - 1-i �--
01909 Na#wW Notary R••odadon•9330 D•Soso Ave.,P.O.Box 2402-Chatsworth.CA 013132402 www.naffo;Wnotary.oM Prod.No.3907 Reorder:C&N TWf-Free 1-
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT r
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER )3
C1
(Far Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRPTK7N FUND/ORG ACCT.SLAL TASK OPPON ACTIVITY AMOUNT
f l/V 0UtL3 $ j
E a SZ 01 0
V V+/ 01dot
�y I
ter
t
I
Ex1'LANATION. TOTAL $ C)-2
DEPOSIT �
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Deposit t: sfolowi
e Nand CURR_ $ r
CHECKS,Mix, $
BANK S $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT dP
D ER 392379 SEP 4'@
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of ab unt is
t into the County Tr ,ury.
< r
Signed• � ';"Ov-x e
i d:
Title• Y T =Y _ County7 Deputy County urer
b-34 REV.(7-9 J
000649-9665 / 831000: 61093923, $500,00, SUB 8158 Map Check Fee, Windemere BLC
Land Company, 3130 Crow Canyon #310, San Ramon,CA 94583
000649-9665 / 831000: 61093924, $560.00, RS 2703 Record of Survey Map Check Fee,
Brian Kangas Faulk, Consulting Engineers-Planners-Surveyors, 2737 North Main Street, Ste.
200, Walnut Creek,CA 94596
000649-9665 / 831000: 61093925, $500.00, RS 2702 Record of Survey Map Check Fee,
Rose M. Sandecki & Nancy Pamela White, 5701 Pine Hollow Road, Clayton, CA 94517
000649-9665 / 831000: 61093926, X500.00, RS 2701 Record of Survey Map Check Fee,
Titan Real Estate Investments LLC dba The Crossroads Building, 2960 Camino Diablo, #300,
Walnut Creek,CA 94596
000649-9665 / 831000: 61093927, $1,625.00, SUB 8531 Major Subdivision Map Check
Fee, Janin Associates, 957 Stow Lane,Lafayette,CA 94549
000649-9665 / 831000: 61093928, $19,900.00, DP 3041-91 Inspection Deposit, Gown To
Earth Grading, Inc., 11400 Marsh Creek Road,Clayton,CA 94517
000649-9665 / 831000: 61093930, $35.300.00, RA 1136 Landscaping Inspection, Shapell
Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA
95035
000649-9665 / 831000: 61093931, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169,Milpitas,CA 95035
124,70-0.00, DA 0014 Landscaping Inspection
$ 9,9000, , DA 0014 Landscaping Plan Review
000649-9665 / 831000: 61093933, Shapell Industries of Northern California, 100 North
Milpitas Blvd., PO Box 361169,Milpitas,CA 95035
$18.500.00, DA 0016 Landscaping Inspection
$ . 7.200.00, DA 0016 Landscaping Plan Review
819800-0800: 61093930, $7,100,00, RA 1136 Cash Bond; Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169,Milpitas,CA 95035
819800-0800: 61093931, $4,700.001, DA 0014 Cash Bond, Shapell Industries of Northern
Califs , 1169,Milpitas,CA 95035
,--'819800-0800: 61093933, 11,100.00, DA 0016 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169,Milpitas, CA 95035
Subdividon: DA-0016,XREF SUB 7964, Gale Ranch l
Bond No.: 929248000
Premium: $1,649.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. REcrrAL of SU]rIDIVISm AGREEMIENT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision06-0016. XREF SUB
7984 Gale Ranch 11 as specified in the Subdivision Agreement (Eight of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATioN: Shapell Industries of Northem California.A Division of Shapeli Industries. Inc. ,asp[i 1,and
National Fire Insurance r'omp2ny of Hartford ,a corporation organized existing under the lags
of the State of CT and auftrized to trarisact surety businesis in California,
as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Three Hundred Twenty Nine Thousand Seven Hundred Dollars and 00/100
Dollars($ 329,700.00 )for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: One Hundred Sixty, Six Thousand Five Hundred Dollars and 00/100
Dollars ($ 166,500.00 )to secure the claims to which reference is made in Title
XV (comm cing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDIUON:
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 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 amount specified tberefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in success&Uy 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 mien 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 fiance 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, inchrding reasonable attorney's fees, incurred by
County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered. -
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be 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 fiuther 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.
SKIVED A SEAI,T+.I?On August 23, 2002
Shapell industries of Northam
PRINCIPAL:California,A Division of ShapeA industries,Inc. SURETY: National Fire Insurance Company of Hertford
Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4
City: Milpitas Zip: 95035 City:Woodland Hills zip: 91367
By: -trBy:
Print Name: Nath ell Print Name: Margaret(F)Leong
Title: President Title: Attorney-in-Fact
By:
Print blame and Title:� arg et Leong, S retary
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 HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania
corporation(herein collectvaly called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offioss in
the City of Chicago,and Stats of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
Ma ret Leong,Individua
of Bevan Hills California
their true and lawful Atbomey(s)-'ss-Fact with full power and authority hereby conferred to sign,seal and execute for 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 some extent ars if such Instruments were signed by a duly authorized officer of their corporations and
all the sects of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and mocuted 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
corporate seals to be hereto affied on this 18th day of .lune 1995
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
i AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
« p6
NtSEAL h 1,
1407
Marvin J.Cashion Group Vk-*President
State of Illinois,County of Cook,ss:
On this 18th day of June1998 ,before me personally came
Marvin J.Cashion,to me known,who,being by me duly swom,did depose and say:that he resides in t,he City of Chicago,State of Illinois;that
he is a Groan Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the
seals of said corporations;that the seals afted to the said instrument are such corporate male;that they were so e►ffaoed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to
be the acct and deed of said corporations.
swamw
My Commission Expires March 6,2000 Mary Jo Abel Notary Pubic
CERTIFICATE
1,Mary A Ribikawslds,Assislant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,ash AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby elfin that the Power of Attorney herein
above set forth is stir!In force,and further oertify that the By-Law and Resolution of the Board of Directors of each corporation printed an the
reverse heeropf ars still in force.In testi ny whereof I have hereunto subscribed my name and affixed the of the said corporations
this g=day day of t
CONTINENTAL CASUALTY COMPANY
00=w—
AMERICAN
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY 311
�0 SO ,,
'ralie7
Mary X Ribikawskls Assislant Secretary
(Rev.10/1/97)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of
the Company.
"Article IXr--ElCaCIltI0i1 of CIOGURiallti
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,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-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 or any Executive,Senior or Group Vice Presklent and the seal of the Company may be
afted by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signage of the Secretary or
an Assistant Secretary and the seal of the Company may be affaed 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 reaped 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.
"Article Vf--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 ys-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 theft signature and execution of any such
instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vics President may at any time
revoke all power and authority previously giver{to any attorney-In-fact"
This Power of Attorney is signed and sealed by facsirnile under and by the authority of the following Resolution adapted by the Board of
Directors of the Company at a meeting duly willed and hold an the 17th day of February,1993.
"Resolved,that the signature of the President or any ,Senior or Group Vico President and the seal of the Company may be
of bood by facsimile on any power of attorney grarded pursuant to Section 2 of Article VI of the By-Laves,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
certificaft bearing such facsimile signature and seat 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 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 Viae President,or any Senior or Group Vice President of the Corporation may,from time
to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory instruments of Oka nature.Such Attorney-in-Fact,subject to the Ornilaitions ad forth in their respective
certificates of authority,shall have full power to bind the Corporation by their aWnsture and execution of any such instrument and to attach
the seal of the Corporation thereto.The President,an Executive Vice Presidertt,any Senior or Group Vim Preeklent or the Board of Dkwbrxs
may at any time revoke all power and authority previously given to any Attorney-in-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly card and held on the 17th day of February,1993.
"RESOLVED:That the signature of the President,an Executive Vioe 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 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 Los Angeles
On August 23, 2002 before me. Ann Pellant, Notary Public .
Osr* NAME. TITLE OF OFFICER.,"JANE OOE.NOTARY PUBLIC*
personally appeared Margaret F. Leung
NAME(S)OF SIGNER(S)
(x) personally known to me-OR- (,,._.) proved to me on the basis of satisfactory evidence to be
the person(s) whose name0s) WAsetsubscribed to the within instrument and acknowledged to me that
lWlshsl3begxexecut'ed the same in (herJXXKWauthorixed capatity{l", and that by=Wherfft'MK
signature(4 an the Instrument the person(g), or the entity upon behalf of which the person(;)acted,
executed the instrument.
.:..,kwift - -=r=-== WtTN my hand and,official,s t.
AW41
ANN PE1i
CcxMrntss m#17€t M
WcxY py,VIa-C il0mi i SIGNATURE OF NOTARY
Los Angeies County
MyCorrm,BoresNav17,M04 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
G.--j INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( }
PARTNER(S) LIMITED
(�..) GENERAL
NUM,PER OF PAGES
( } ATTORNEY IN-FACT
{
TRUSTEE(S)
GUAIRDIANlCONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPFIESEN-nNG:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
o art or SIGNER(S) OTHER THAN NAMED ABOVE
o.r or.3b-e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
S5.
County of Los Angeles
on August 23, 2002 beforeme, Ann Pellant, Notary Public
Data Nunn and This of Ofter(e.g.,'Jana Doe,Notary Publle)
personally appeared Nathan Shanel l and Margaret Leong ,
rw*$)of stnar(ay
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -Ware
subscribed to the within instrument and
acknowledged to me that hey executed
the same In #ie{heNtheir authorized
tea►' capacity(les), and that by -tie wItheir
ANN FELLAN7 signature(s)on the instrument the person(s), or
CommUcin#1 the entity upon behalf of which the person(s)
f+triry ftbIL--"Wif°rri° acted,executed the instrument.
Los Angeles County
QWC=rmB0wNov17.2)D41 WITNES my hand a ficial f.
S"ua of Notary Public
OPTIONAL
Though the infomlation below is not required by few,it may pmve valuable to persons retying on the documeni and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing:
0 1999 National Notary Asaoclation-9860 Do$oto Awa.,P.O.am 2402•Chatsworth,CA 91$132402•www.nsbonalnofaryorg Prod.No.6907 Re~..Call TOO-Free 1.800279.6827