HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-333 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 22, 2004 by the following vote:
AYES: SUPERVISORS UILI(ENA, DESAULNIER AND GREENBERG
NOES: NONE
ABSENT: SUPERVISORS GIOIA AND GLOVER
ABSTAIN: NONE
RESOLUTION NO.2004/ 333
SUBJECT: Approve Drainage Improvement Agreement (Right-of-WayLandscaping) for
Lower Main Branch Alamo Creek, DA 0030 (cross-reference'Subdivision 8306)
being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Shapell Lower
Main Branch Alamo Creek, Drainage improvement agreement DA 0030 (cross-reference
Subdivision 8306) located in the San Ramon (Dougherty Valley)area.
A Drainage Improvement 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 Drainage Improvement
Agreement (Right-of-Way Landscaping) within one year from the date of said agreement.
Improvements generally consist of creek restoration landscaping.
Said document was accompanied by Security to guarantee the completion of drainage
improvements (right-of-way landscaping) as required by Title 8 and 9 of the County Ordinance
Code, as follows:
I. Cash Deposit
Deposit Amount: $4,600.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 424359 May 11, 2004
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Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contacts Ten ( action taken and entered on the minutes of the Board of
T.T.
cc: Public Works
- Bell,Construction
el
Current Planning,Community Development Supervisors on the date shown.
T—Jeff Ysmael(P 1)
Shape]]Industries of Northern California
Attn:Sam Worden,Steve Savage&Jim Gold ATTESTED .JUNE 22 2004
100 North Milpitas Blvd.
Milpitas,CA 95035 JOIN SWEETEN,Clerk of the Board of Supervisors and
National Fire Insurance Company of Hartford County Administrator
5820 Canoga Ave.,Ste 200
Woodland Hills,CA 91367
City of San Ramon
Attn:Chris Low
3180 Crow Canyon Place,Ste 140 By ,Deputy
San Ramon,CA 94583
RESOLUTION NO.2004/ M
SUBJECT: Approve Drainage Improvement Agreement (Right-of-Way Landscaping) for
Lower Main Branch Alamo Creek, DA 0030 (cross-reference Subdivision 8306)
being developed by Shapell Industries of Northern California, a Division of
Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District IIT)
DATE: June 22, 2004
PAGE: 2
11. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 299 746 April 29, 2004
Performance Amount: $460,000.00
Labor&Materials Amount: $232,300.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
NOW THEREFORE BE IT RESOLVED that said Drainage Improvement Agreement
(Right-of-Way Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/333
DRAINAGE IMPROVEMENT AGR.BEMENT
(Right Of Way Landscaping)
Subdivision: DA 07030(cross-reference Subdivision 830_6_) Effective Date:
Developer: Shapell Industries of Northern California. Completion Period: 1 year
a Division of Shapell Industries,Inc.
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 Shapell Industries,Inc.
T-1`
RECOMMENDED FOR APPROVAL
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By: tsar—) r
Engineerings 'c ivsi p � ) 1„ (�
FORM APPROVED: Victor I.Westman,County Counsel ! ' C oo
NOTE, All sipatmes to be w3mmledged.If l7evelaper it.incorporated,signatures must
conform with the designated repmsmmfive groups pars zut to Corpamdam CodeS313.)
Z. STIES_&,DAZE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour and the above-named
Develover.mutually promise and agree as follows concerning this acceptance:
2. ZIviPROVEMENTS.Developer agrees to install certain tiff-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 govem.
3. ZMl'ZtOVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. 1~ r Performance and Guarantee: $4.600 cash,plus additional security,in the amount of$4501.400 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.
B. For Pavtnettt: Security in the amount of$232.344,which is frfty percent(50%)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 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 594-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY Or WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-yearfrom and atter the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a-period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said.work and/.or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreament 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 indemnity the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,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 proceedings)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-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 specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,orthatthe alleged damage resulted partlyform any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, Including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain thework by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. 1NCO RPORATION/ANNEXATION. 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 underthis agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
I
State of California
County of Santa Clara
On June 3,2004,before me,Janice T. Kruse,Notary Public personally appeared,
Robert D. Moore& Marie A. Cook personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacity, and that by their signature on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
JA�IJICE L 1��1'USE �
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Notary Puk*c-cam WITNESS my hand and official seal.
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ri Signature of Notary Public
s Optional Information �
Title or Type of Document: Drainage Improvement Agreement- Landscape Right of '
Way Tract. 8306 >
Capacity Claimed by Signer: Assistant Vice Presidents Shapell Industries,Inc.
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DEPOSIT PERMIT
OFFICE OF COMITY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
0 THE TREASURER:
ECENED FROM
ORGANIZATION NUMM
(For Cash Cdkection Procedures no County Axirninishcocies Bulletin 105.)
""DESCRIPTION FUNDJORQ ACCT TASK OPTION ACTIVITY AMOUNT
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and CURRENCY $ f
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BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT
NUMBER D
` DATE 4243 9 AV 41A '004
ASSIGNED 1--_- --
'he amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby �
delposit into the County Treasury. y acknowledged.
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0649-9665 / 831000: G1138592, $5,000.00, Sub 8827, Map Check Deposit-
Major Sub, Hoffmann Land Development Company, 1350 Galaxy Way,
Concord, CA 94520
0649-9665 / 831000: G1138594, $5,-000.00, Sub 8736, FS 034-0030007,
Improvement Plan Check Fee Deposit, The Vineyards at Marsh Creek, 3820
8lackhawk Rd., Danville, CA 94506
819800-0800: G1138553, 29 000.00, DA 00330, Landscape Cash Bend, bay
Shapell Industries, 100 N. Mi pitas v Milpitas, CA 95035 Z�y�
819800-0800. G1138554, $22 60 DA 0027, Landscape Cash Bond,
Shapell Industries, 100 N. Milpitas lvd, Milpitas, CA 95035
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COUNTY '`F CONTRA COSTA - GENEF % RECEIPT
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Development No: DA 0030 (Crass-Ref.SUB 8306)
Bond. 929 299 746
Premium: $3,460.90
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(Right of Way Landscaping)
(faithful performance&maintenance,AND labor and materials)
1. OBLIGATION: Shapell Industries of Northern California, a Division of Shape11 Industries Inc., as
Principal,and National Fire Insurance Company of Hartford,a corporation organized and existing under the
laws of the State of Connecticut and authorized to transact surety business in 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: Four Hundred Sixty Thousand Dollars($460,000)for
itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus
B. Labor&Materials: Two.Hundred Thirty Two Thousand Three Hundred Dollars($232,300)
for the benefit of persons protected under Title 15 § et seq. of the California Civil Code.
2. RECI'T'AL OF CONTRACT: The principal contracted with the County to install and pay for drainage and
other improvements in DA 003+0(Cross-reference Subdivision 8306)Gale Ranch Phase 3,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 Subdivision 8306.
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 1-(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
perfonned 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.(13) 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)ofPart 4 of Division 3 of the Civil Code,so as to give a right of action to there 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 itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on April 29,2004
Shapell Industries of Northern California,a Division of
PRINCI Shapell industries,Inc. SURETY National Fire Insurance Corn2any of Hartford
By.. By
` Girsa hea,Atttsmey-in- act
Address 100 N.Milpitas Blvd.,Milpitas,CA 95035 Address 5820 Canoga Avenue,Suite 200,Woodland Huls,GA 91367
By IN
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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,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 Banner,Gina O'Shea,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 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 Senior Vice President and their corporate seals to be
hereto affixed on this 16th day of April,2004.
C �[r Continental Casualty Company
National Fire Insurance Company of Hartford
to American Casualty Company of Reading,Pennsylvania
a , JULY 71,
SEAL `c I8C2
7847QRV750 • r
Michael Gengler Sen7'Vice President
State of Illinois,County of Cook,ss:
On this 16th day of April,2004,before me personally came Michael 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 •
EL72A PRICE •
aoruer ru6e10.arkre OF nimas
MV COMwIC MM VWM:06M71"
My Commission Expires September 17,2006 —Eliza Price V Notary Public
CERTIFICATE
I,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
29th day of April 2004 ,
Wtr , sub Continental Casualty Company
National Fire Insurance Company of Hartford
e � u �wt+ a7 American Casualty Company of heading,Pennsylvania
JULY
SEAL I,
Farm F6553-11/2001 Mary A.Rikafjkis Assistant Secretary
Authorizing By-Laws and Resolutio.
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 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 17a'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 Attorney4ri-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 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 17'x'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 Attomey4n-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 17a'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 attomey 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 29, 2004 before me, Sandy Hanner- Notary Public
Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC"
personally appeared Gina O'Shea
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 name(*islammubscribed to the within instrument and acknowledged to me that
Wshet executed the same in hWher/tak,authorize+d capacityoee, and that by her/
signature(s) on the instrument the person(g), or the entity upon behalf of which the person(so acted,
executed the instrument"
cy HMIR WITNESS y hand and officiaLeeal.
_ commission#1362157
Notary Public-CaiHomir
Los Angeles County
emy
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
INDIVIDUAL
{.� } CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
( _.)
PARTNER(S) {r) LIMITED
GENERAL
NUMBER OF PAGES
{X}
ATTORNEY-IN-FACT
{ )
TRUSTEE(S)
( _) GUARDIAN/CONSERVATOR
{ _ } OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON($) OR ENTITY(IES)
National Fire Insurance Company
of Hartford SIGNER(S) OTHER THAN NAMED ABOVE
G-107428-8
__
_ . . .
NOTICE
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 (collectivdiy 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.
12169CLOSURE C�F�,MIUM
The premium attributable to coverage for terrorist acts certified under the Act was
Zero Dollars ($0.00).
MCLOSUF.E OF FEDERAL PARTI-CIEMON IN PA)MENT OF TERRORI.5M
ssu
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Foam M10
>t
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California >�
County of Santa Clara
On May 4,2004, before me,Janice T. Kruse,Notary Public personally appeared '>
Robert D. Moore known to me to be the person whose name is subscribed to the within '<
instrument and acknowledged to me that he executed the same in his authorized capacity,
>; and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
JONNIXC€t IMM
WITNESS m hand and official seal.
7"on 131 W7 [ �; y
» rbiaty Fu c-calNomia
1a dars
Signature of Notary Public
Optional Information
Title or Type of Document: Imurovement Bond Tract 8306-Bond#929299746
Capacity Claimed by Signer: Assistant Vice President of Sha1ae11 Industries.Inc. '<
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lZ
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
>5
>S State of California
s County of Santa Clara
S� On May S,2004,before me,Janice T. Kruse,Notary Public personally appeared Ken
\ Cox known to me to be the person whose name is subscribed to the within instrument and
>� acknowledged to me that he executed the same in his authorized capacity, and that by his rz
signature on the instrument the person, or the entity upon behalf of which the person z>
acted, executed the instrument. 55111z
>�
>� 1comms#131U)97 (—WITNESS my hand and official seal.
y
O
Hary t itc-cafitM10
r seta Ckgo County
Signature of Notary Public
s Optional Information >I
;< Title or Type of Document: Improvement Bond Tract 8306-Bond#929299746
V
Capacity Claimed by Signer: Assistant Secretary of Shapell Industries,Inc. ><