HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-332 __
03
r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 22, 2004,by the following vote
AYES: SUPERVISORS UILKEMA, DESAULNIER AND GREENBERG
NOES: NONE
ABSENT. SUPERVISORS GIOIA AND GLOVER
ABSTAIN. NONE
RESOLUTION NO. 2004/ 332
SUBJECT: Approve the Drainage Improvement Agreement DA 0030 (crass-reference
Subdivision 8306),being developed by Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty
Valley) area. (District
The following document was presented for Board approval this date for, drainage improvement
agreement DA 0030 (cross-reference Subdivision 8306), property located in the San Ramon
(Dougherty Valley) area, Supervisorial District III.
A drainage improvement agreement with Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp., principal, whereby said principal agrees to
complete all improvements, as required in said drainage improvement agreement,within one year
from the date of said agreement.Improvements generally consist of creek restoration improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code,as follows:
I hereby certify that this is a true and correct copy of an action taken
Originator:Public Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: Teri Rie(313-2363)
7Y:rm shown.
G:\OryData\EngSvc\BO\2004106-22-04%DA 0030 BO-20.doc
cc: Pubic Works- T.Bell,Construction
T-April 22,2004 ATTESTED: JUNE 22, 2004
Shapell Industries of Northern California
Attu.Steve Savage,Sam Warden JOHN SWEETEN, Clerk of the Board of Supervisors and County
100 N.Milpitas Blvd.
Milpitas,CA 95035 Administrator
National Fire Insurance Company of Hartford
Attn:Pamela Stocks
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
By ,Deputy
RESOLUTION NO.2004/ 332
SUBJECT: Approve the Drainage Improvement Agreement DA 00301 (cross-reference
Subdivision 8306),being developed by Shapell Industries of Northern California.,a
Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Daugherty
Valley) area. (District IIT)
DATE: June 22, 2004
PAGE: 2
T. Cash Bond
Performance Amount: $53,000.00
Auditor's Deposit Permit No. DP423765 Date: April 29, 2004
Submitted by: Shapell Industries of Northern California
Taxpayer identification number: 95-2578030
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford'
Bond Number and Date: 929 299 741 April 20, 2004
Performance Amount: $5,243,100.00
Labor&Materials Amount: $2,648,050.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RRSOLUTUION N0. 2004/332
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: Gale Ranch III/DA 0030 Effective Date: - �
Developer: Sha II Industries of N rthern C&orni Completion Period: 1 year
A Division of Shapell Industries_In rx dr A&601P.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO;
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu,Public Works Director Shapell Industries of Northern California,
A Division of Sha ll Industries,Inc.
B
(PrmtMorne and rr ,t C�crx,r ate.sc '
RECOMMENDED F APPROVAL
By: Y (sine)By: MAIL--
Engineering S ces ivision (Prmt Name aw This)
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be wi mowledped.if Developer is incorporared,signatures must
conform with the designated representative groups pursuant to Cotpmdons Co&S313)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called'Coon,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $53.000.00 cash,plus additional security,in the amount of$5.243.100.00 together total one hundred
percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check,or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.40$of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(1)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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. 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 Developer 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County and its special district, elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions 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 actions causing Iiability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has
prepared, supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer 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 Developer 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.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
RT—kw
\1PW S4%HARDATA\GrpDatalEngSvcWorim%AG wORMAG-17.doc
Rev.April 6,2000
....... ........._...... __
. ....... ........_ _. .. _....._.. _......_ __
......... .......... ....__.... ....................
. ..........................................................
1> l
1
)�
Z
s CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT" �>
> State of California
s, z\
County of Santa Clara >?
On April 21,2004,before me, Janice T. Kruse, Notary Public personally appeared
1 Robert D. Moore and Ken Cox known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same >'
in their authorized capacities,and that by their signature on the instrument,the persons or �':
the entity upon behalf of which the persons acted, executed the instrument.'
JAVE s xRuse
Commusion
# 131497WITNESS my hand and official seal.
tarda tea CCU*
s� Signature of Notary Public
Optional Information zs
`} Title or Type of Document: Drainage Improvement Agreement•Gale>Ranch III
DA0030
Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of
Shapel
s • s s
4
f >R dd
■j1
Rm
-mo
0 WeOn,
9 io 10 'A
_ e(
WA, W�! .oaf - f .• _ mommm..1
1440
0• �, f r r : _ MINION '
EM**
--
----
- - m1mmimilm
1mmillopm,
RINI
,qw�
INN
DEPOSIT
p
PERMIT
a-
423,795 M E !
DATE 4 s �.
J
0649-9665 / 831000: 61123028, $1,500.00, Sub 8534, Pian Check Deposit,
Signature Properties, 1670 Willow {toad, Suite 200, Pleasanton, CA 94588
0649-9665 / 831000: 61123040, $78.438.00, Sub 8580, Major Sub Plan
Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: G1123041, $65.242.00, Sub 8827, Major Sub Plan
Check, Hoffman Land Development, 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: 61123048, DG0027, Shapell Industries of Northern
California, 100 N. Milpitas Blvd, Milpitas, CA 95035
$10.000.00, Drainage Review
$16.800.00, Drainage Inspection
0649-9665 / 831000: G1138801, RA1138, Shapell Industries',of Northern
California, 100 N. Milpitas Blvd, Milpitas, CA 95035
$1,000.00, Plan Check
$22.000.00, Inspection Deposit
0649-9665 / 831000: 61138804, $241.800.00, DA0030, Inspection Fee,
Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA
95035
819800-0800: 61123047, $3.000.00, DA 0027, Cash Bond Guarantee of
Performance, Shapell Industries of Northern California, 100 N. Milpitas
Blvd, Milpitas, CA 35035
819800-0800: 61123050, $4.100.00, RA1138, Cash Bond, Shapell Industries
of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035
819800-0800: 01138803, $53.000.00, DA 0030, Cash Bond, Shapell
Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035
0635-9752 / 824000: G1138262, $334.00, RS44, Permit# 12348279
Traffic Fees, Finish Line Framing b.Davis, 1636 Pacheco Blvd. Martinez, CA
94553
COUNT . P CONTRA COSTA - ENER �RECEIPT
.; "1, +� +� (�('�
DEPT. _ if s J r / 2, r f?t�! THtS t�PY tS G.1 13 8 8 U 3
—+ NOT A RECEIPT
DOLLARS$' .4� ....�
FOR
CASH ACCT.
BAL.
RECEIVED FROM
CHECK AMT.
PAID
MONEY BAL.
/cc'_l f f dt�/` � -; �fi - ORDER DUE
BY: .;
(D57,REV.7189) "
Development No: DA-0030,Gala Ranch III
Bond: 929 299 741
Premium: $39,323.00
IMPROVEMENT SECURITY BUND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(faithful performance&maintenance,AND labor and materials)
l. OBLIGATION: shapell Industries of Northern Callfomia,A Division of Shapeli Industries,Inc.,a Delaware Corp. Principal), as
Principal, and_National fire insurance Company of Hartford
a corporation organized and existing under the laws of the State of CT
and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally
bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,
California to pay it;
A. Faithful Performance, &Maintenance: Five Million Two Hundred Forty Three Thousand One Hundred No/100—
(S-5,243,100.00** � for itself or any city-assignee under', the below-cited Drainage
Improvement Agreement,plus
B. Labor&Materials: Two Million six Hundred Forty Eight Thousand Fifty No/100**
($ 2,648,050.00** } for the benefit of persons protected under Title 15 § et seq. of the
California Civil Code.
2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in DA-0030,Gale Ranch til , as specified in the Drainage
Improvements Agreement, and to complete said work within the time specified in the Drainage
Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder
in order to satisfy the conditions of approval for DA-0030,Gale Ranch III
3. CONDITION: if the principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County, then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period; and if principal fully pays the contractors,subcontractors,
and persons renting equipment or furnishing labor or materials to them for said work and improvement,and
protects the premises from claims of such liens,then this obligation as to Section I-(B)above shall become
null and void;otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications 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
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that if County sues on this bond,Surety will pay reasonable
attorney fees fixed by court to be taxed as costs and included in the judgement'.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and 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 voids otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount 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 full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on April 20,2004 _
Shapell Industries of Northern California,A Division
PRIN of Shapell industries,Inc.,a Delaware Corp. S,, T tFiCpang of HartfrdoBy ___ Byamsa ,!onalrensuranoe
c s, ttorne -n- act
Addre � 100 N.Milpita lvd., Milpitas, CA 95035 Address 5820 Canoga Avenue,Suite,200
Woodland Hills,CA 91367 818-713-2031
By
ma
G:%G,pDa:a\EtigSvc\l'omis\13N WWWWN-10.doc
kZ"April 20,2004
POWER OF AT'"')RNEY APPOINTING INDIVEDUAL ATTORNEY-IN-FACT
Know All Mtn By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a
Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA 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
signatures and seals herein affixed hereby make,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually
of Sherman flaks,CA,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 duly authorized officer of their corporations and all the
acts of said Attorney,pursuant to the authority hereby given is hereby ratified and conftrrned.
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 9th day of July,2003.
CCAs sib a Continental Casualty Company
VNational Fire Insurance Company of Hartford
ma
American Casualty Company of Reading,PennsylvaniaAILY I!,
EAL1891 1t
Michael Gengler Se Vice President
State of Illinois,County of Cook,ss:
On this 9th day of July,2003,before me personally came Michaael Gengler 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 Senior Vice President of Continental Casualty Company,an Illinois corporation,National Fire
Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation
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 thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL
ELIZA PRICE
aorwtrrWA,WATe0F awou •
wommm"Mpe .aasno�
My Commission Expires September 17,2006 Eliza.Price Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
20th day of April , 2004. Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
S r NJLY�lI. ,
1897 NAItx" e a
Mary A. ika kis Assistant Secretary
Form F6$53
Authorizing By-Laws and Resolution-
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 Chainnan 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 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 thererto. 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 I la`day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant
Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such
facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed 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.
"Article VI---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 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 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 President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously
given to any attorney-in-facL"
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 17''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 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 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-Fact to act 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 limitations set forth in their respective certificates of authority,shall
have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The
President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority
previously given to any Attorney-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 17d 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 April 20, 2004 before line, Sandy Hanner- Notary Public
Date NAME, TITLE OF OFFICER., 'JANE DOE. NOTARY PUBLIC"
personally appeared Pamela L. Stocks
NAME(S)OF SIGNER(S)
( x ) personally known to me –OR – (—) proved to me on the basis of satisfactory evidence to be
the person(g) whose nam04 is/nKmubscribed to the within instrument and acknowledged to me that
b*she/JW executed the same in iaWherl"trauthorized capacity{i , and that by Xwher/Wo
signature(s) on the instrument the person(g), or the entity upon behalf of which the personj* acted,
executed the instrument,
da WITNESS y hand and official seal.
SANDY HANKER
Commission#1362157 1
(4�� My
Notary Public-C>t forms SlGiWf RE OF NOTARY
Los Angeles County
Comm.Expires Jul 2.2006 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
{ r} INDIVIDUAL
{. �} CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
{._)
PARTNER(S) {_.} LIMITED
(�) GENERAL
NUMBER OF PAGES
{x}
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
(� ) OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
National Fire Insurance Company,
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107426.8
NO—TICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bunds 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.
,DTSCLO-URE-OF PREMTJIYI
The premium attributable to coverage fox terrorist acts certified under the Act was
Zero Dollars ($0.00).
E
The United States will pay ninety pe--cent (90°l) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
J
s
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
,l �C
S:.
4 State of California
s County of Santa Clara
On April 21,2004,before me,Janice T. Kruse,Notary Public personally appeared
Robert D. Moore and Iden Cox knownn to me to be the persons whose name are "
subscribed to the within instrument and acknowledged to me that they executed the samez
in their authorized capacities, and that by their signature on the instrument, the persons or >?
z the entity upon behalf of which the persons acted, executed the instrument. S
�� 3At�IlCL T. �z
Cofn� t31W7 WITNESS my h d official seal.
SaRb 0100 Canty
Sig'qature of Notary Public
Sz.
Optional Information
Title or Type of Document: Improvement Bond for Drainage Improvement s
s Agreement- Gale Ranch III-DA-0030- Bond#
z 929299741
5 1>
'> Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary
Shauell Industries,Inc.
5>
l>
S,
ti