HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-248 CAP
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 15, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMAI GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT
RESOLUTION NO. 2003/ 245
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
8631, San Ramon(Dougherty Valley) area. (District 111)
The following document was presented for Board approval this date for Subdivision 8631
located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., 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.
SG:cw I hereby certify that this is a true and correct copy of an
G:\GrpDatalE:ngsvcl)lol2003w-15-031SUB 8631 Bo-16.aoc
Originator- Public Works(ES) action taken and entered 011 the minutes of the Board of
Contact: Teri Ric(313-2363) Supervisors on the date shown.
CC. Public Works- M Bell,Construction
Current Planning,Community Development
r-2-15-04 ATTESTED: APRIL 15, 2003
Shapell Industries of Northern California
Sam Worden and Jim Gold JOHN SWEETEN,Clerk of the Board of Supervisors and
P.G.Box 361169 County Administrator
100 North Milpitas Blvd.
Milpitas,CA 45035
National Fire Insurance Company of Hartford
Pamela L.Stocks
5820 Canoga Avenue,Suite 200 By z Deputy
Woodland Bills,CA 91367
RESOLUTION NO.2003/ 248
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
8631, San Ramon(Dougherty Valley) area. (District III)
DATE: April 15, 2003
PAGE 2
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: $6,400.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. DP398256 Date: December 31, 2002
II. Surety Bond
Bond Company: National Fire Insurance Company of Dartford
Bond Number and Date: 190775330, December 19, 2002
Performance Amount: $634,800.00
Labor&Materials Amount: $320,600.00
Principal: Shapell Industries of Northern California, A Division of Shapell
Industries Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way
Right-ofWay Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/248
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 66463)
Subdivision: 8631fGale Ranch II NBHD 9f1/illa aseo Effective Date:
L {J
(84 Lots)
Subdivider: Shapell Industfies of Northgm California. Completion Period: 1 year
A Division of Shaoel4 Indus#rles Inc
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA QO} TA QOUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Director Shanell Industries of Northern ' lifor
X Division ofh�agell Industries, Inc.
By:
� isrflnaar�) �
(prtrd n«end Z-C —W-LAt-b if t(i
RECOMMENDED FOR APPROVAL: �' v�' 14\r�Y
By:
Engineering Services iv sion (print mmns3 i Y IL
Fv5s-t.
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE:All signatures to t�acknowledged. if Subdivider Is Incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§319.)
1. PARTIES Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Con ,'and
the above-mentionedSubdivider,mutually promise and agree as follows concerning this subdivision:
2. 7MP5 Subdivider agrees to install certain road Improvements(both public and private),drainage improvements,
signs, Sir-estliights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the
Improvement plans far this subdivision as reviewed and on tale 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§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govem.
3. I PROV 1iX. Upon executingthis Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance of proovvidee as security to thg
County:
A. For P2rbrmanc2 and Guarantee $§AN cash,plus additional security,in the amount of$04,800 which together
total one hundred percent(10016)of the estimated cost of the work. Such additional security is presented In theof rm
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. Ur Payment: Security In the amount of$321W,which Is fifty percent(50°16)of the estimated cost of the work. Such
security 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
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 WOQK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. aint. aid plantestablishment- work shall consist of adsquateiy 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_WAR_AEANNTY. 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,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 it" benefitted and protected by this promise are the County,and Its special district,elective and appointive
boards,commissions,o iters,agents,and employees.
B. The 11 protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de ine be ow,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 sult(s),action(s),or other proceedings)concerning
said liabilities and claims.
C. The actions causinct liability are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to t e u divider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Nan-Conditions: 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 specifications)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. Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required t ereby.
10. 6QRYEY . Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County RoadCommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. N- : If Subdivider fails 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
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 attomey's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATIONMNEXATION. 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 andtor 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.
:kwlap
GAGrpDatalEngSvc\S1rvtGWo Rancht8631\8831 AG-30Adoc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California� CU�i�1 .
County of
tiJfon t} C ss.
On 2 d '2-- before me,
Data Name and T'db of Officer{e.g.,"Jana Doe.NPub#e
personally appeare $ 4
Name(s)of Sigrrer(a)
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) 4aiare
subscribed to the within instrument and
�ANiCE T.IMUSE acknowledged to me that kMhetthey executed
Commission 0131FAW the same in UW4eqfteir authorized
Nary Public_Calforrda capacity(les), and that by iii A*etheir
Santa Cim County signature(s)on the instrument the person(s), or
*CwmE0wAuVZ4.2J0W the entity upon behalf of which the person(s)
acted, executed the instrument.
TNESS my hand and offici seal.
signature of Notary R-lc
DP L
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: k \y s r � tJY�2 ` M x �'~� Ca i
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
03dividual ° lumb hag
Corporate Officer—-ntle(s):
L7 Partner—❑Limited ®General
D Attomey-in-Fact
0 Trustee
d Guardian or Conservator
* Other:
Signer Is Representing.
0 1990 National Notary Associadon-9360 Oe Soto Ave.,RO.Box 2402.Ohatawom,OA 91313.2402•www nwdonsinoteryorg Prod.No.5907 Reorder:cal Toll-Free 1.900.97x-@927
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG Sulk ACCT TASK OPTION ACTIVITY AMOUNT
I
A a/746 Df f
P1 _
�} r
I 'VIA-Al" I 1�1111 III It I IIA- 1
dim
C.
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L� f6
geah 1 1. t i-L_I-A I A -1 1 1 1 1 L L--.L— 't I/G.
till It 1 11 1 If " 11r
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EXP ANATION: TOTAL
DEPOSIT r
Deposit consists of the following
tf 1 CjZ.3 GO 13 9COIN and CURRENCY $
-j iv � 1, �/ � 61I!� CHECKS,Mme,ETC $
��
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT Di'
NUMBER
,Dass GNED 398256 PEG 3�f'�2
9�
The amount of money described above is for Treasurer"s receipt of above amount is approved. Receipt of above amount is hereby
dep sit int*te CountyT urx rxknowledgad.
. ... Da ,
„ _.
pp j signed: �,-C4Signed-
6,a
igned:
Tale: , GV-4 EXT. . 2 Darty Deput County Treasurer
7 4 REV.(7-93). ,,ii
000649-9665 / 831000: 61108980, $25,000.00, SUB 8507 Major Subdivision
Improvement Plan Review deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon
Place#310, San Ramon, CA 94583
000643-9665 / 831000: 61108982, $500,00, RS 2742 Record of Survey Map Check Fee,
DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville,CA 94526
000649-9665 / 831000: 61108984, $16,300.00, SUB 85163 Landscape Improvement
Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61108985, Shapell Industries of Northern California, 100 North
Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035
$14.300,00, SUB 8564 Landscape Improvement Plan Review
$26.600.003, SUB 8564 Landscape Improvement Inspection
000649-9665 / 831000: 61108986, $32.400,00, SUB 8631 Landscape Improvement
Inspection, Shopell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61108987, $28.300.60, PA 0011 Landscape Improvement
Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61108983, $500,00, RS 2743 Record of Survey Map Check Fee,
Bellecci & Associates, Inc., 2290 Diamond Blvd., Suite 100,Concord,CA 94520
819800-0800: 61108983, $3,100.00 SUB 7744 Cash Bond Guarantee of Performance,
DeSilva Cates Construction, PO Box 2909, Dublin,CA 94568
819800-0800: 61108984, 12,900.00, SUB 8563 Cash Bond, Shapell Industries of
Northern California, 100 North Milpitas Blvd.,PO Box 361169,Milpitas,CA 95035
819800-0800: 61108985, 5 100.0?0, SUB 8564 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035
819800-0800: 61108986, $6A00,00, SUB 8631 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas,CA 95035
819800-0800: 61108987, $5,500.00, PA 0011 Cash Bond, Shapell Industries of Northern
California, 100 North Milpitas Blvd.,PO Box 361169,Milpitas, CA 95035
Subdivision: 8631,Neighborhood 9/Villapaseo
Bond No.: 190775330
Premium: $3,174.00
Gale Ranch II,84 Lots
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. R MAL nF Samvlsm ASR maErrrr. The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision8631, Neighborhood
21 Villapasaa as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filling of the Final Map or Parcel Map for said Subdivision.
Shapell industries of Northern California,A
2. {OBLIGATION: Division of Shapell Industries, Inc., a Delaware Corp. ►as Primtel,and
National Fire Insurance Company of Hertford ,a corporation organized existing under the laws
of the State of CT ,and autho:t d to transact surety business in California,
as Surety,hereby jointly and severally bind ourselves,our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Six Hundred Thirty Four Thousand Eight Hundred Dollars and 00/100
Dollars ($ 634,800.00 )for itself or any city assignee under the above County
Subdivision Agreement, plus
B. Payment. Three Hundred Twen Thousand Six Hundred Dollars and 00/100
Dollars($ 320,600.00 )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. CONDI`l"ION:
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 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 fiunisbed 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 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 fftffl force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond, and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on December 19,2002
Shapell Industries of Northem Califomia,A
PRINCIPAL:Division of Shapeli industries,Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford
Address: 100 North Milpitas Boulevard Address: 8820 Canoga Avenue, Suite 200
City: Milpitas Zip; 95035rty;Woodlan lis Zip. 91867
By.
Print Name: 77 e -7tzue:r_t,RrP Print Name: Pamela L. Stocks
Title: 157
7e, �j-f' " &,e . Title: attorney-in-Fact
By: -
Title: Wry
\\PWsi
it
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Knorr All Men By These Presents,That Continental Casualty Company,National Faire insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania(herein called"the CNA 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 signatures and seals herein affixed hereby
make,constitute and appoint
Pamela L.Stocks,Beevedly A.Hall Sandra V.Manner, individual)
Of Sherman Oaks California
their true and lawful Attomey(s)-in-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 same extent as if such Instruments were signed by a duty authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given Is hereby ratified and confirmed.
This Power of Attorney Is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as Indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 3rd day of August,2001.
Continental Casualty Company
National Fire insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
nuc r,
Wheel Gengler group Vice President
State of Illinois,County of Cook,as:
On this 3rd day of August,2001,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose and
say:that he restless In the City of Chicago,State of Illinois,that he Is a Croup 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 affixed to the said Instrument are such corporate seals,that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name therato pursuant to like
authority,and acknowledges same to be the act and deed of said corporations.
•
I elm
Mfy Commission Expires September 17,2001 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Riblkawskis,Assistant Secretary of Continental Casuatty Company,National Fire Insurance Company of Hartford,and American
Casualty Company of Reading,Pennsylvania do hereby certify that the Power of Attorney herein above set forth Is still In force,and further
certify that the By-Law and Resortution of the Board of Directors of the corporations printed on the reverse hereof Is stili In force.In testimony
whereof have hereunto subscribed my name and affixed the seal of the said corporations this 9th__day of
December .2002
6 �-' 42 ca4�-
tw Continental Casualty Company
Nations!Fire insurance Company of Harftd
SEAL American Company of ,Pennsylvania
M r>
tr+o'r
Mary A.MbIlkayakis Assistant Secretary
(Rev. 1123101)
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 ilk---Exacutlon of Documents
Section 3.Appointment of Attorney-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or
Gawp 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 In-fad,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 soaked 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 arty power of attorney granted pursuant to Section 3 of Article IX of the By-taws,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 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.
'Articlo Vl:—�ocutton of obligations and Appointment of Attorney-In-tact
Section 2.Appointment of Attorney-tn-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 ad in behalf of the Company In the
execution of policies of Insurance,bonds,undertakings and other obligatory instruments of like nature.Such -in-fad,sect to
the lirmitatlons 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 seat of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fact.'
This Power of Attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Comparry 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 2 of Article VI 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 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
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,Attorneys-In-Fad to ad in behalf of the Corporation In the execution of policies of Insurance,
bonds,undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limillaWns 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-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,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
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 December 19, 2002 before me, Sandy lfanner _ Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
{ ) personally known to me—OR — (_-,_) proved to me on the basis of satisfactory evidence to be
the personps) whose name(*Is/Amoubscribed to the within instrument and acknowledged to me that
Il Wshe/ihegr`executed the same in hia/herltalK authorized capacity(iea , and that by IlWher/ww
signature($) on the instrument the person(g), or the entity upon behalf of which the person{31 acted,
executed the instrument.
sANDYHANrR WITNESS hand and ofBci seal.
Commission
qNotary
L4 4
!{9NA E OF NOTARY
Los County
My Comm.Expiros Jul 2,20(ia
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 SINNER DESCRIPTION OF ATTACHED DOCUMENT
( INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
(�) GENERAL
NUMBER OF PANES
{X)
ATTORNEY-IN-FACT
{. .._) TRUSTEE(S)
( _) GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER 18 REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
{National Fire insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
03-107428.8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Calif nia
County of (:)NQS CLA ,
On Wask .-)_ before me, Pj
Data 1 Name and Idle of Officer(e.g.,'Jane Doe,Notary Pum,
personalty appeared,-
Name(3)of Signers)
>%-Personally known to me
11 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-Ware
subscribed to the within instrument and
dANIC",7 ICRC acknowledged to me that heAshMhey executed
Commkitaloni1318M the same in hW4etytheir authorized
Notary Public-caubmla capacity(ies), and that by hieAwntheir
$seta Clara Aug 24y signature(s)on the instrument the person(s),or
��Soma the entity upon behalf of which the person(s)
acted, executed the instrument.
NESS my hand and official seal.
Slgnaturs of Notary Public
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reatfachment of this toren 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:
❑ In ividualt s Top of thumb here
orporate Officer—Titie(s)JY�� \sX-U `I t A, SNS`Ni )
❑ Partner—❑Limited ❑General
❑ Attomey-In-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing z�, =�%3 C_
0 1999 National Notary A socledon•9350 Da Soto Ave.,PA®ox 2402•Chatawanh,CA 91313.2402•www.rnatlonalnotary.org prod.No.5907 Reorder:Call TON-Fres 1.60D-876-U27