HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-38 e B
THE :BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2404 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, tZ7) GLOVM
NOES: NONE
ABSENT: Sxt -RVISOR DESAULNIER
ABSTAIN: NONE
RESOLUTION NCI.2004/ 38,;
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8698 being developed by Shapell Industries of Northern California, a Division of
Shapell Industries Inc., a Delaware Corp.,Danville area. (District III)
The following document was presented for Board approval this date for, Subdivision.
8698 located in the Danville area:
L Subdivision Agreement
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:
H. Cash Deposit
Deposit Amount: $1,990.00
Deposit made by: Shapell Industries of Northern California, a Division of Shapell
Industries Inc., a Delaware Corp.
Auditor's Deposit Permit No. and Date: 415831 December 4 2003
Tax ID Number: 95-2578030
LT:rm:sr I hereby certify that this is a true and correct copy of an
G:iGtpData\FngSvc\BO\2004\01-13-04\SUB 8698 Bo-I6.doc
Originator: Public works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community'Development
T—November 13,2004(PI) j' ATTESTED: JANUARY 13, 2004
Shapell Industries of Northern California JOHN SWEETEN,Clerk ofthe Board of Supervisors
Sam Worden&Steve Savage
100 N.Milpitas Blvd. and County Administrator
Milpitas,CA 95435
National Fire insurance Company of Hartford
Pamela L.Stocks
5820 Canoga Avenue,Suite 204 Iiy, �w,Deputy
Woodland Hills,CA 91367
f
RESOLUTION NO.20041 38
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision
8698 being developed by Shaped Industries of Northern California, a Division of
Shapell Industries Inc., a Delaware Corp., Danville area. (District III)
DATE: January 13, 2004
PAGE: 2
III. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929299642 November 21, 2003
Performance Amount: $196,910.00
Labor&Materials Amount: $99,450.00
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.
{
4
RESOLUTION NO. 2004/38
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and§66463)
Subdivisions: SUB 8698 Effective Date: j -t4v A)f-'f ► ZO(if:
Subdivider: Shapell Industries of Northern California— Completion Period: 1 year
a Division of Shapell Industries Inc., A Delaware Corp.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Direct
By: e" (signature}_�:
(p4int narna&MM)rockiri,
RECOMMENDED FOR APPROVAL: t a l c tr c i,CJ
By:---A 1�� (signature)
E lutm
y'g- era g Servic -1juVislun (print name&title)
(NOTE:'All'signature- �9M;Vw%1'edged. If Subdivider Is
FORM APPROVED: Victor J.Westman, County Counsel ;
incorporated,signatures must conform with the designated representative
groups pursuant to Corporations Code§313.)
1 PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Court 4 and the
above-mentioned Subdivider, 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—fights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called'work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requirements shall govern.
3, IMPROVEMENT$ECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and.
the County Ordinance Code,provide as security to the County:
ft.
A. For Performance and Guarantee: $ 1990.00 cash,plus additional security,In the amount of
$ 196910.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional
security is presented in the form of,
Cash,certified check or cashiers check.
X_ Acceptable corporate surety bond.
Acceptable if—evocable 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$ 99,450.00 which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X_ Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and topersons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road '
system.
& 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 agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,aprtts,and employees.
B. " The Mia ihtilbsr proterte'd aq gist are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened
because of actions define below,-and lndIu ng�personal injury,death,property damage,inverse condemnation,or any combination of
these,and regardless 0brpr%sot+fugh ty,claim or damage was unforeseeable at any time before the County reviewed said
improvement planNQN,eca�t�e{v*srk as l te,and including the defense of any sult(s),action(s),or other proceeding{s)concerning
said liabilities and ciaft.
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,supe ied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the
Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any
and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable
law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2040,
by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising
out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or
District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement.
2. BLC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District
harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of
improvements by County or District.
8. 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: It Subdivider falls to complete the work within the time specified in this Agreement,and
subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)Immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under th,js Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/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 under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
5
State of California
County of Santa Clara
On November 21,2003,before me,Janice T. Kruse,Notary Public personally appeared
Marie A.Cook& Robert D. Moore,personally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they F
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.
comm"On# 1318697 WITNESS my hand and official seal. ,s
3airMa Clafio Gotirtly
lip
Signature of Notary Public
Optional Information , 4
Title or Type of Document: Subdivision Agreement Landscaping Right ofW- —
Tract 8698
Capacity Claimed by Signer: Chief Financial Officer and Executive Vice President of
Shapell Industries of Northern California.
a
Sl.
1
WUIVTY UF+C:C?WRA COISTA
DE"SIT PERM
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA _j
RECEIVED FROM
ORGANIZATION NUMBER
j (Or@nrilmtio„)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB. TASK OPTION .ACTIVITY AMOUNT
.11
I I I' I I I I ILL I I I
A d Id ko I,rr
" > <" 11610
t
1 ,741
'l'35-0
-W 16S
;0,2,- 1342,q q Ilbs FF
Vit' ` - Q- _.....w d q&o
&I I qi A, 'A/z2QUS (1)V-50
y
EXPLANATION:
jk 1 6 $1,!1 z L1-7, � r DEPOSIT t&t f
.. C
' 11, 2 2 Deposit consists of the following items
��i COIN and CURRENCY $ r
4 f � CHECKS,M.O.,ETC. $
BANK DEPOSITS $
t f �ry r - FOR AUDITOR-CONTPOLLER 135E ONLY
DEPOSIT
Li �. /.a !'. d' PERMIT
1 r' ! % ft1 t t , 3 t"r ) 21h,
NUMBER
1. ..�.5 ! DATE* 11 /
ASSIGNED
r
The amount of money described above is for Treasurer's receipt of aboye amount is approved. Receipt of above amount is hereby
d sit into the County Treasury. ocknov4dged
Signe:.
G
Ift { Signed:
Tit (u Y EXT. 1 3 e� Deputy County Auditor Deputy C ty Treasurer
D-34 REV.(7.43)
ILQUNI Y Ste"LUNIKA L )5IA
f DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER '
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBEROLXC�
(C7rganiwriw,)
(For Cosh Coflection Procedures see County Administrotor's Bulletin 105.)
DESCRIPTION FUND/ORG A� TASK OPTION ACTIVITY AMOUNT
s #
i
I lit I I I I III I
!
1Dc009 ;00
i
111 It tilt IIIII 1 111111 1 11
#
i
#
t
i
{
#
#
#
#
' t
I
i
f
#
EXPLANATION: TOTAL $ #
DEPOSIT #
Deposit consists of the following items
COIN and CURRENCY $
Ct*CKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT [)p
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer' receipt of o a fnt is ap nsv d. Receipt of above amount is hereby
dw'osit into the County Tre sury. acknowtedged.
77 e4l
Signed _ Signed:
Title:` !{` jt EXT. ", � Deputy County Auditor Deputy County Treasurer
D-34 REV;7-93) t
f
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0649-9665 1 831000 : G1122075, $16,410.00, Sub 8698, Landscape
Improvement Inspection Deposit, Shapell Industries of No. Calif. 100 N.
Milpitas Blvd., Milpitas, CA 95035
0649-9665 1 831000 : 61122076, $500.00, LP 2063-99, Deferred
Improvement Agreement, William Reddick, 4091 A Orwood Dodd, Brentwood,
CA 94513
0649-9665 C 831000 : 61122079,$10,750.00, RA1149, Read Acceptance
Inspection Deposit, Windemere BLC LLC, 3130 Crow CanyonPl ##310, San
Raman, CA 94583
0649-9665 / 831000 : 61122081, $500.00, 852852, Record of Survey
Check, Mark Landis, 5008 Totom Court, Antioch, CA 945079
819800-08001: &1122075,$1,990. , Sub 8698, Landscape Cash
Performance Bond, Shopell Industries of No. Calif. 100 N. Milpitas Blvd.,
Milpitas, CA 95035
819800-0800: 61122080, $1,600.00, RA1149, Performance Cash Bond,
Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon, CA' 94583
821400-0800: 61122238, $12.858.82, SR SCC Sub Reg, City of San Ramon,
2222 Camino Ramon, San Ramon, CA 94583
8215001-0800: 61122238, $1,501.91, SR SCC Reg, City of San Ramon, 2222
Camino Ramon, San Ramon, CA 94583
0682-9752 l 819200: G1122256, $3,257.51, Bus Shelter, Viacom Outdoor,
2502 N. Black Canyon Hwy, Phoenix, AZ 85009
Subdivision: 8698,Wendt Ranch li
Bond No.: 929299642
Premium. $1,477.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performarnce, Guarantee, and Payment)
(California Government Code Sections 66462 and.66463)
1. ftwAL of SuBUIyIsm AgREEMENT: The Principal has executedan agreement with the County to install
and pay for public right of way landscaping, and ether related improvements in Subdivision X698 Wendt
Ranch as specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement (Right of May
Landscaping),all in accordance with State and local laws and rulings thereunder in Girder to satisfy conditions
for filing of the Final'Map or Parcel Map for said Subdivision.
2. OBLIGATION: Sha ell Industries of Northern California A Division of Sha ell Industries Inc. a Delaware CoE2, asPniiipal,anxdd
Natiol3ai-Fire Insurance rr pany of Hartford , a corporation organized existing under the laws
of the State of CT , and authorized to transact smty business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Perfontnance and Guarantee: One Hundred Ninety Six Thousand Nine Hundred Ten Dollars and 00/100
Dollars ($ 196,910.00 } for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Ninet Nine Thousand Four Hundred Fifty dollars and 00/100
Dollars($ 99,450.00 )to secure the claims to which reference is made in Title
XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. Cg�NmTiorq:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above;bounded Principal,
his or its firs, executors, administrators, successors or assigns, shall in all,things stand-to-ani abide
by, and well and truly keep and perform the covenants, conditions and provi< igng in .the said
agreement and any alteration thereof made as therein provided'
rci is or;its put,-to be kept and
performed at the time and in the manner therein,specified,, att4'ixn'b re4pet is 906ording to their true
intent and meaning, and shall inidequ fy and save harmless the Cou�a`nt� cq f 4;. tf� Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligaiio' n shall become
null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials ftm-&hed or tabor
thereon of any kind,or for amounts clue 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 fined 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 itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on November 21, 2003
Shapell Industries of Northern California,A
PRINCIPAL:Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire insurance Company of Hartford
Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200
City: Milpita Zi 95035 City:Woodland Hills Zip; 91367
By: x By: ;•,r
Print Name: '/• Print Name: Pamela L. Stocks
Title: Title: Attorney-in-Fact
By: �..
Print Na e and Title: KUX �<?& _ 5�• �G.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
7
State of California
ss.
County of
t-
Can� t,� ��1 _._before mo,
pats Name and Tide of Officer)e.g.,"Jane Oos, of"Public")
personally appeared t }
Name(s)of Signar(s)
Opersonally known to me
pfbved to me on the basis of satisfactory '
evidence
to be the persons) whose name(s) is/are 3
DEMISE L CRtSTIANt7 subscribed to the within instrument and
Commisslon#1296216 acknowledged to me that he/she/they executed 1
NOtary Public-Califomia the same in his/her/their authorized
Contra Costa County capacity(ies), and that by his/her/their )
MY Comm.Eiires Mar 5.2t3U5 signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT SS my hand and offici se
i
Signature otaey ubilc
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 }
i
Title or Type of Document:
Document Hate: Number of Pages:
f' Signer(s)Other Than Named Above: l
Capacity(les)Claimed by Signer
Signer's Name:
Individual Top of thumb ttere
O Corporate Officer--Title(s):
0 Partner—L7_ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator .
❑ Other:
i Signer Is Representing�
01999 Nationa3 Notary Association+9356 tie Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationainotary.oig Prod.No.5907 Reorder:Cait Toll-Free 1-80D-67&6827
State of CALIFORNIA
County of LOS ANGELES
On November 21,zoos before me, Sandy Hanner-Notary Public
Date NAME, TITLE OF OFFICER., "JANE DOE, NOTARY PUBLIC"
personally appeared Pamela L..Stacks
NAME(S)OF SIGNER(s)
(2L) personally known to me--OR --(..."_.) proved to me on the basis of satisfactory evidence to be
the person(t) whose name(,q ishumsubscribed to the within instrument and acknowledged to me that
Wshe/JW executed the same in hiWher/Mit authorized capacity(, and that by Nwher/
signature(s)on the instrument the persono), or the entity upon behalf of which the person(30 acted,
executed the instrument.
- =- ---= WITNESS y hand and offiCi eal.
SAI40Y HAW4Eft
_ Commission*138216?
Notary Public-California StGINA1 UEiLos Angeeles County
t?PTItJN111.
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 farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(o_j INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
(._) PARTNER(S) ( _) LIMITED
( ._)GENERAL
NUMBER OF PAGES
(2E—) 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-107425.8
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Mean 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 snake,constitute and appoint
Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Individually
of Sherman Oaks,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 Vice President and heir corporate seals to be hereto
affixed on this 6th day of March,2003.
*ywcr gt1lo, Continental Casualty Company
,6 National Fire Insurance Company of Hartford
ens , Mr American Casualty Company of Reading,Pennsylvania
i
Jay 1.
t!ltt7 �" NJ�1'�f Mie
Michael Gengler SeIr'Slice President
State of Illinois,County of Cook,ss:
On this 6th day of March,2003,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 ootporation,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 SEAT.
Et.lZA IsRI •
MBCMK e'V^UO.ATAT!Qi N.tANbii
fIYCRMMIrNbQN IR%NI!!�gtrF7pi .
My Commission Expires September 17,2006 Elisa Price Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Dartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the
Posner 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 uttSte reverse hereof is still in force. In testimony whereo I have hereunto subscribed my name and affixed the seal of the said corporations this
LGII day of November 2003
iz ,,*A Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
Arts sr,
u SEAL t
{� Mary A. Rtkaiekis Assistant Secretary
Form F68S3
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the
Company.
"Article 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 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 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 attomeys-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 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 seat 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 seat shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and seated 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
outer 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 calf and held on the 17'"day of Februf6y,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,
1943 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 seat 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." {
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 F PREM111
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISCLOSURE OF FEDERAL F—ARTICIPATION IN PA_)MENT OF URRORISM
L!QSS i,
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable suretylinsurer deductible.
P.
r
Form F7310
t