HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-278 5
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 6, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 278
SUBJECT: Approval of Subdivision Agreement (Right-of-Way Landscaping) for PA 0009
Icross-reference SUB 7984) Neighborhood 9 Park, San Ramon (Dougherty
Valley) area. (District 111)
The following document was presented for Board approval this date for, PA 0009 (cross-
reference SUB 7984)Neighborhood 9 Park 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., a Delaware Corp., 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:
1. Cash Deposit
Deposit Amount. $19,600.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 400971, February 25, 2003
Sc:rm I hereby certify that this is a true and correct copy of an
o:Originator: Public Works( S) 03\PA 0009 ate-t6.doc action taken and entered on the minutes of the Board of
Ortginatar: Public Works(FS)
Contact: Teri Ric(313-2363) Supervisors on the date shown.
CC., Public Works- T.Bell,Construction
Current Planning,Community Development
T--2-044-04(PI) AMSTED: MASS 06, 2003
Shapell Industries of Northern California
S.Worden and J.cold JOHN SWEETEN,Clerk of the Board of Supervisors and
100 North Milpitas Blvd. County Administrator
Milpitas,CA 45035
National Fire Insurance Company of Hartford
Margaret F.Leong
5820 Canoga Avenue,Suite 200
Woodland Hills,CA 41367 By , Deputy
Af
RESOLUTION NO.2003/ 278
SUBJECT: Approval of Subdivision Agreement (Right-of--Way Landscaping) for PA 0009
(cross-reference SUB 7984) Neighborhood 9 Park, San Ramon (Daugherty
Valley) area. (District Ill)
DATE: May 6,2003
PAGE 2
11. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270196, February 19, 2003
Performance Amount: $1,939,900.00
Labor&Materials Amount: $979,760.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries,Inc., a Delaware Corp.
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. 2003/278
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and 66463)
Subdivision: PA QW9(Gross-Ref SUB 7984) Effective Date: =r
Neighborhood 9 Park
Subdivider: Shapell Indu tries of Northern California. Completion Period: 1 year
a Division of haaell Industries. Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA OUNTYI�BDIVIDER:
HAPELL INDUSTRIES OF NORTHERN CALIFORNIA,A
DIVISION OF SHAPELL INDUSTRIES, INC.
Maurice M. Shiu, Public WorksDirac
LBy, L./' (aflnatun)
tvdntiuuna�Y, JC.7uE8rtrbCE •tSsrsT. V.P
RECOMMENDED FOR APPROVAL:
By: (eignatura}
Engineering Services D on (pdne narrw a ana}
',3y: i RK L�t657tJN�t A-S515T, 5Ec7Y.
FORM APPROVED: Victor J.Westman, County Counsel
(NO'T'E:Af►signatures to bs acknowledged. If Subdivider is Mcorporaisd,.
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES QJ . Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and
the above-mention i ,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to Install certain road Improvements(both public and private),drainage Improvements,
signs, street I re�iydrar}is, landscaping, and such other improvements (including appurtenant equipment) as required In the
improvement plans for this subdhrlslon 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 co fete said work and Improvements(hereinafter called"work")within the above completion period from date
hereof as required by the Caltfamla Subdivision Map act(Government Code§§88410 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. IMEROVEMEUI§ECURjjY. Upon executing this Agreement,the Subdivider shalt,pursuant to Government Code§88499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 19.600.00 cash,plus additional security,In the amount
of $ 1 which together total one hundred percent(100%)of the estimated cost of the work.
Such additional security is presented in the form o7---
Cash,
: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$ 979.750.00 ,which is fifty percent(50%)of the estimated
cost of the work. Such security Is presented in the form of:
Cash,certified check,or cashler's check
y {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. GUAB4NTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship 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.
system.
The guarantee period does not apply to road Improvements for private roads which are not to be accepted into the County road 5. QLA _STA1 HMENT Subdivider agrees to perform establishment work for landscaping installed under this
Said
��77 EE
agreement. Sai 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 worts as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County.
6. i PM RpyEMPLAN WAHI . Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised inSection 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 plans prove to be inadequate In
any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NQ WAIVEE3 BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or amp oyee a the ounty 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 andlor materials,or payments,therefor,or any combination or all of these acts,shall not
relleve the Subdivider of his obligation to fulfill this areement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to compiry 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 I nRi benefitted and protected by this promise are the County,and Its special district,elective and appointive
boards,commissions,o kers,agents,and employees.
B. The protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de no a ow,and includingppersonal Injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such Ilabillty,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 actiqni I are any act or omission(negligent or non-negligent)In connection with the matters covered
by this Agreement and attributable tole u divider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. :Q �• The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supp lied,or approved any plans)or spec icatlon(a)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 thereby.
10. 8118M . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road ommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. - Q �COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and
subsequent extensions, or fails to maintaint re 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 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. iNCORPQRA_ TIQN/ANNEXATiON. If,before the Board of Supervisors accepts the work as complete,the subdivision is included
In territory incorporate— 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.
18. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kw:lap
G.%Grp0atarEnp9vd\Fomz\AG woRa1AG-30kdoo
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGIMEN■
<y.
State of California
County of QzfNkCL cut -,� ss.
On� "r�Com? before me, \Z
Dale Name and Title of{)Ricer(e.g.,`Jane Doe,Notary P bile")
personally appearedC�3 �Qt ' - ���
Name(s)of Signer(s)
❑personally known to me
')] proved to me on the basis of satisfactory
evidence
to be the person s) whose name( is/are
subscribed to the within instrument and
t, acknowledged to me that hreh*e/they executed
the same in *s/har/their authorized
capacity ies and that by 41etherttheir
Ct��ataalo
8 i�y&823 signature, ,on the instrument the person,, or
gouri Pubtta-11"M 10 the entity upon behalf of which the persons
$at a Clara Cow* acted, executed the instrument.
bow WITNESS my hand and official seal.
r
l �
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,ft may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached ocument
Title or Type of Document:
Ij
Document Date; -i- - 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 w—Cl Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Na8onal Notary Aaao*&w.9360 On Soto Ave.,P.05 Boat 2402 ChetewoAh,CA 91313.2402•www.naborWnoWry.org Prod.No.6907 Flaordar.CAN Toll-Free I-WO-.878.OW
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT �
FILE OF COUNTY AUDITOR-CONTROLLER }
TO THE TREASURER., -MARTINEZ,CALIFORNIA
RECEIVED FROM _ {�
ORGANIZATION NUMBER / ✓
(For Cash Collection Procedures see County Administrators Bulletin 105.)
DESCRIPTION FUND/ORC% ACCT. TASK OPTION ACTIVITY AMOUNT
� Y
A � ? 1 l
too
Wy.auzAfiy, n . . . . MI&6 NS51M X(1-41 ) /C)jzr�
`'lelt Ic, c '�
i
. I
i
I
I
i
LANATION: o TOTAL $ 72 I
DEPOSIT j
Deposit consists of the 'ng items
a COIN and CURRENCY $
CHECKS,MXX ETC. $
BANK DEPOSITS $.
2i FOR AUDITOR-CONTROLLER USE OKY
Y` DEPOSIT
PERMIT D
NUMBER
DATE 4 619 7_� ZFER 124 -0 k
ASSIGNED _
'he amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount yarf'areby
deposit into the County Treasury, ckmWfdgd
iigrerd. Date —, / 4
itle: EXT CoU�nty+Audi Dep* County Treasurer
IA REV.(7-43) /►j �}�{j�
it.Y°1Cfl ,9 #1A?,;6,�
6U r_ �1
Ou -t
C�, 1 • .�2 ,.
1 '1 32 +
111 - 31+
46 . 30 + }}
1 `l . 'J2-
t3 ' Cl ;+E
1 ,1 ,32F
115 . ou 20 - :32T
20
o tTle
0 - 0
'1 ,y,J v ,�•) tit l
J "14+ x.70 `.t)3+ .
.a2 • ESU+ 43 . 3o+
21 • €5+ 43 . 30+
- 23 tip?-� 1 7 • :3�?+ f < ) . , - {
IV - e32+ 21 - 65-
74 - 45+
65-745
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17 . 32+ 17 ` 32+ t » _
21 . 65+ 21 , 65+ Tbt,)
��i
y
000682-9752 / 819200: G1115564, $6,090.00, Dougherty Road
Maintenance- Fee C(OA, 30 Permits Lots 207-223, 236-253 HOLD
RELEASED, Brookfield Homes, 5960 Inglewood Drive, Suite 200, Pleasanton,
CA 94588
000682-9752 / 81920(}: 01115565, $60.346.00, ECTIA Fee Adjustment 13
Lots Underpaid SUB 8428, Koper Development, 4125 Blackhawk Plaza Circle
#203, Danville, CA 94506
000649-9665 / 831000: 01115463, $500.00, RS 2761 Record of Survey
Map Check Fee Deposit, Mark Coffrini, 105 Camrose Place, Walnut Creek, CA
94596
000649-9665 / 831000: G1115464, $500.00, RS 2760 Record of Survey
Map Check Fee Deposit, Rail Surveyors A Engineers, Inc., 15 Duarte Court,
Suite 100, Alameda, CA 94502
000649-9665 / 831000: 61115473, $1,550.00, MS 02-0010, Minor
Subdivision Map Check Fee, Jim M. Zygutis, 222 Wayne Avenue, Alcamo, CA
94507
000649-9665 / 831000: 01115474, $157,300.00, PA 0009 Landscape
Improvement Inspection, Shapell Industries of Northern California, 100
North Milpitas Blvd., PCS Box 361169, Milpitas, CA 95035
000649-9665 / 831000: 61115485, $6,430.00, SUB 8356 Improvement
Plan Check Deposit, Vilma Graves, 4515 Fieldcrest Drive, El Sobrante, CA
94803
000649-9665 / 831000: G1115486, 1625,00, SUB 8356 Major
Subdivision Map Check Fee, Kister, Savio & Rei, Inc., 3095 Richmond
Parkway, Suite 214, Richmond, CA 94806
819800-08010: 61115474, $19.600.00, PA 0009 Landscape Improvements
Cash Bond, Shapell Industries of Northern California, 100 forth Milpitas
Blvd., PO Box 361169, Milpitas, CA 95035
PA-0009(Gross Ret SUB 7984),
Subdivision: Neighborhood 9 Park,Gals Ranch 11
Bond No.: 929270196
Premium: $9,700.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT of WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Govermwnt Code Sections 66462 and 66463)
1. RECITAL of&x&D_ MLoN AGREEMENT: The Principal has executed an agreememt with the County to 'install
PA 9(crass
Nand a foar public right of way landscaping, and other related improvements in Subdivision Rat sus 79841.
Paal�RQnr,I - as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final.Map or Parcel Map for said Subdivision.
2. OBLIGATION:TION: shaplil Industries of Northern California A Division of shape!!Industries Inc. a 2ple are Corp._,as Prindplil,and
National Fire InsuranceCompany of Hartford ,a corporation poration organized existing under the laws
of the State of CT ,awl authorized to transact surety business in Califamia,
as Surety, bereby jointly and severally bind ourselves,our heirs,executors, administrators, successors, and
assigns to the County of Contra Costa,California to pay it:
A. Performance and Guarantee: one Million Nine Hundred Thirty Nine Thousand Nine Hundred Dollars and 001100
Dollars($ 1,939,900.00 1 for itself or any city assignee under the above County
Subdivision.Agreement,plus
B. Payment: Nine Hundred Seven Nine Thousand Seven Hundred Fifty' Dollars and 00/100
.Dollars($ 979,750.00 )to secum 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. CoNI3ITION•
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 trine
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.
" #: ! #�' # r !•t 1 $♦ # :Ifi Et :!i ! f ! #' %i ## 11 r" IM,:t #.' ! #' `
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! i i.' !#♦ !1 # / #4 E# i'. 1 R' # ##.'#. �- # f ' # R • > ! i #.: 1 r' # t .' # :It# # i
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NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one or
more of the following companies (collectively the "Writing Companies") as surety or
insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance Company
of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance
Company of Newark, NJ, and The Continental Insurance Company.
DISCLOSURE OF PREAHUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISCLOSURE
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F7310
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 REACTING,PENNSYLVANIA,a Pennsylvania
corporation(herein collectively dolled"the CCC Surety Companies'),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint
Margaret F. Leo , Individually
of 8 Hills,California
their true and lawful Attorney(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 duly authorized officer of their corporations and
all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 3rd day of June , t998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF REACTING,PENNSYLVANIA
y�y, jj1 Y
SEAL
"� `qOwn
tr !�//+'' ♦ Y
y y
7pe1
Marvin J.Cashion Group Vice President
State of Illinois,County of Cook, ss:
On this 3rd day of June 1958 , before erre personally came
Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say;that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF REACTING,PENNSYLVANIA described in and which executed the above instrumerrt<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 thereto pursuant to like authority,and acknowledges some to
be the act and deed of said corporations.
10TAW
t
My Commission Expires March+6,2000 Mary Jo Abel _ Notary Public
CERTIFICATE
1,Mary A. Ribikawskiss,Assistant Secretary of CONTINENTAL CASUALTY 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 fay-Law and Resolution of the Board of Directors of each corporation printed on the
rev"hgrp f are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this T ray of � 2`. .t t 2� ,
CONTINENTAL CASUALTY COMPANY
,��1► z�} ,eMMtt40 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
y ,y t���' AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
4ri � $
AXY 31,
~ .
rl t3FAl. `r � 32e
tool
Mary A Ribikawskis Assistant Secretary
(Rev.10/i l9T)
Authorizing By-haws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys4n-fact,subject to the limitations
set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior
or Group Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attomey-in-fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
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 seat of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed 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
ENNSYLVANIA: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 Wi Execution of Obligations and Appointment of Attorney-In-Fact
Section 2.Appointment of Attomey-in-fact The Chairman of the Board of Directors,the President or any Executive,Senior or Group
Vice President may,from time to time,appoint by written certificates attameys-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-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 President or any Executive,Senior or Group Vice President 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 calked 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 Vf of the By-Laws,and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and
certified by certificate so executed and sealed 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 an 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 Prasident of the Corporation may,from time
to time,appoint,by written cerfiflicates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,
undertakings and other obligatory irmtruments of like nature.Such Attorney-tn-Fact,subject to the imitations 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 Viae 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 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 Hoard 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 Director
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seat of that 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 t before mss. _1S. n i�
Oafs I NAMe. i ITLE OF OFFICER..t-JANE OOE.NOTIORY PUBLIC-
personalty appeared Margaret F. Leong
NAME(s)OF SIGNER(S)
{ } personally known to me–OR– (,.,,_) proved to me on the basis of satisfactory evidence to be
the person(s) whose name(:r) isAuz subscribed to the within instrument and acknowledged to me that
misheizWexecutid the same in pt a(her/!iWXauthor(zed capacity0", and that by cher/H*W'
signature( on the instrumentr the person(), or the entity upon behalf of which the person(o) acted,
executed tft instrument.
..;tea,:,,.06. L LA��7
WITNIoSS,my hand arrd official seal.
AN- PELtAN ,��/ • {�-�, ��
_
Comm °_ t1 it 17 _
SIGNATURE OF NOTARY
Los Ane : C x ,t ter
Mjrt r rm.T * e vil, oPTICINAL
..tea.. °' �•�S4Sle.'@7,"`
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 forms.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
{...,.) INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(_..,.} PARTNER(S) ( _) LIMITED
(-Y GENERAL
( ..)
ATTORNEY-IN-FACT NUMBER Of: PAGES
TRUSTEE(S)
( } GUAADIANICIONSERVATOR
{ .. .) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company
of HirtfoiU43
SIGNER(S) OTHER THAN NAMED A80VE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
on February 19, 2003 before me, Ann Pell ant, Notary Public
Data Name and Title of Ofter(a.q.,'Jane Doe,Notary PubWj
personally appeared Nathan Shapel l and Margaret Leong
Namata)of Solaria)
personally known to me
proved to me on the basis of satisfactory
evidence
to be the persons) whose name(s) 4ellare
subscribed to the within instrument and
acknowledged to me that+a they executed
the same in their authorized
AN LLANT capacity(ies), and that by 449#m rJtheir
JINN pE#_12` ` signature(s)on the instrument the person(s), or
the entityupon behalf of which the person(s)
QMVCWM.
Notary publ�-i;�ihxrrk� � Po p sons)
County acted, executed the Instrument.
BOW Nov 17,20D4
WITNESS my hand an�iciai I.
Signature of ,Notary)Public
OPTIONAL
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 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—[I Limited d general
❑ Attorney-In-Fact
❑ Trustee
❑ guardian or Conservator
❑ Other:
Signer Is Representing:
0 1998 Natlonat Notary A"colabon+9360 De Saco Ave..PO.Bon 2402•Chatowarth.CA 91313.2162•www.nationsir4bq.org Prod.No.5907 %orde.069 Toll-Free 1