HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-384 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004 by the following vote: C-34
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20041 .384
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 02-
08688 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, Subdivision 02-
08688 located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of
Northern California, a Division of Shapell Industries, Inc., developer, whereby said developer
agrees to complete all improvements as required in said Subdivision Agreement (Right of Way
Landscaping) within one year from the date of said agreement. Improvements generally consist
of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,200.00
Deposit made by: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
Auditor's Deposit Permit No. and Date: 409204 July 24, 2003
JY:rm I hereby certify that this is a true and correct copy of an
G:1GrpData\BngSvc\BO12004\07-13-041SD 8688 BO-16.doc
Originator: Public Works(PS) 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 JULY X004
T--May 13,2005(PI) ATTESTED: ,
Shapell Industries of Northern California,
a Division of Shapell Industries,Inc. JOHN SWEETEN, Clerk of the Board of Supervisors and
Attn:Steve Savage,Jim Gold,Sam Worden County Administrator
100 North Milpitas Blvd.
Milpitas,CA 95035
National Fire Insurance Company of Hartford
Attn:Maria Cook
100 N.Milpitas Blvd. By ,Deputy
Milpitas,CA 95035
RESOLUTION NO.2004/ 384
SUBJECT: Approve Subdivision Agreement(Right of Way Landscaping) for Subdivision 02-
08688 being developed by Shapell Industries of Northern California, a Division of
Shapell Industries,Inc., San Ramon(Dougherty Valley) area. (District III)
DATE: July 13,2004
PAGE: 2
II. Surety Band
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270258 July 10, 2003
Performance Amount: $123,644.00
Labor&Materials Amount: $62,422.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/384
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and§66463)
Subdivision: 8668 Effective Date:
Subdivider: Shapell Industries of Northern California Completion Period: 1 year
A Division of ha all Industries. Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Director Shapell Industries of Northern California
A.Division of Shapell Industries. Inc.
BY (signature) F /
(Print name& )L
l
RECOMMENDED FOR APPROVAL:
r-
gY: (sig tore
v�
Engineering Services tvi io (Print name&title) .
bones 12�ct'_ -- Cxrtr'li1 Sr> rt
FORM APPROVED: V�or J. Westman, County Counsel t
(NOTE:All signatures to be acknowledged. if Subdivider is 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"County,"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 lights, 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 govem.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and-Guarantee:, $1,200 cash,plus additional security,In the amount of$123,644 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 irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$62.422,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 to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANT'i .✓F WORK. Subdivider guarantees that said wurK shall be free from defects in material or
workmanship and shall perform satisfactorily for period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plats,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 shall
be performed for a period of one-year Board Supervisors accepts as complete. At
the discretion of the County,bids may be released after final o€landscaping improvements by e Couny.
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
aspect,Subdivider shall make whatever changelete or sare enecessar one-year guarantee
aaccommplsh he work asaid s promised.ovement lens prove to be inadequate in any
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 stepped from bringing any
action for damages arising from the failure t comp y with any of the terms and conditions hereof.
S. 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,agents, and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened
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 sult(s),actlon(s),or other proceeding(s)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 specifications)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
led map and
10. SURVEYS.omrniss over-Surveyor before acceptance of any wok astcomplete s in r by the Board of dance with the i #o the satisfaction of the
County Road C 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 the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action Is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all 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.
•kwlap
GAGrpDats\EnpSvalSiai Ranch\8888(N2S)18888 Landscape impr.Agmement.dcc
Rev.may 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
`� ( ss.
County of -_ ,' 2 `._� 7 `��
t
On J �qj i 'C- before me, —
f Date Name and Title of Officer(e.g.,"Jane Doe,Notary Fub-11e)
personally appeared
Name(6)of Slgner(s) '
rsonally known to me l
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)--i<are
4ANICE t. +cPust subscribed to the within instrument and
Commissia„# 1313847 acknowledged to me that htefshe/they executed
+r Notary Public-Coanfornia the same in .hl~thefr authorized
Santa CMra County capacity(ies), and that by faWhe#their
MVCMftE**fAug24, signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
(1�ESS my hand and official
Signature of Notary Public
OPyy
���RL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document. _
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual NTop Top of thumb here
corporate Officer-�Title(s): dr
❑ Partner Limited ❑General
❑ Attorney-in-Pact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing:
-- r
01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationatnotary.org Prod.No.5907 Reorder:Calf roll-Free 1.900476-6827
IIPOSIT PERMIT...�
OFFICE OF COUNTY AUDITOR-CONTROLLER .._.
TO THE TREASURER: MARTINEZ,CALIFORNIA6
RECEIVED FROM ��}}
ORGANIZATION NUMBER 'S
(for Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG AB. TASK OPTION ACTIVITY AMOUNT
0 �t
D5
-A I�'i I I I I I I I I I I I I �1 I L I X06_15/ /1 /5
- )/A) 49
:: C �� `i/ tom -
EXI LANAI N: TOTAL
DEPOSIT i
De j t consists of the following items
(( I .7 1N and CURRENCY . $ .'� •C r
1 LAA ' /f f l - - / c '1 , KS,M.O,ETC $
BANK DEPOSITS $
FO'AUDITOR-CONTROLLER USE ONLY
DEPOS�+a
cyGt 'i£_% tt, qt `- PERMIT [�(3
`=41 r t 8`�, 4l (,`�' l� t ��- � t1`r� ! ,r�W3 NUMBER
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a unt is hereby
deposit into the County Treasury. acknowledged
' ' Signed: .. Signed:T Dep '
unty Audi Deputy County Treasurer
D-34 REV.(7-43)
}�Pr2C 1 Z{4, Ak13,4P-9 >D
819800-0800: 61120514, 1,11 -S' bb 8688, Cash Performance Bond
(landscape), Shapell Industries of N. California, 100 N. Milpitas Blvd.
Milpitas, CA 95035
819800-0800: G1120515, $4,600.00, Sub 8632, LandscapeCash Bond,
Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
819800-0800: G1120516, $3.300.00, RA1135, Landscape Cash Bond, Shapell
Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
0649-9665 / 831000: 61120514,$9,100.00 Sub 8688, Landscape Inspection
Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
0649-9665 / 831000: 61120515,$24,300.00 Sub 8632, Landscape
Inspection Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas,
CA 95035
0649-9665 / 831000: 61120516, $18.400.00, RA1135, Landscape
Inspection, Shapell Industries of N. California, 100 N. Milpitas Blvd.
Milpitas, CA 95035
0649-9665 / 831000: 01116893, $2,686.27, SD8531, Map Checking deposit,
Janin Associates, 957 Stow Lane, Lafayette, CA 94349
0649-9665 / 831000: 01116895, $805.43, M5 8-99, Inspection Deposit,
Premium Property Development, 428 N. Buchanan Cir Ste 14, Pacheco, CA
94553
0649-9665 / 831000: 61116896, 1221 Monticello Limited Partnership, 1485
Enea Ct., Suite 1490, Concord, CA 94520-5228
$6.330.00?, Ms 02-0022, Improvement Plan Check
$1.600.00, MS 02-0022, PM Chcek
0649-9665 / 831000: &1116899,$500.00, 852813, Record' of Survey
Deposit, Kristy Huffacker, 2337 Walnut Blvd, Walnut Creek, CA 94597
COUNTY OL 'ONTRA COSTA - GENERAL ECEIPT
THIS COPY IS
7EPT: �` �' sr' ' 28E1e- NOT A RECEIPTG 1 1 0 5 1 4
2 cloG7rtoelj �G� A7 = 7
DOLLARS$
OR
s/ cl�
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CASH A eCT.
IECEIVED FROM -
_ t"j '�" / s �i3'''!/ ' ' CHECK PAIDi •~-
J MONEY BAL.
A�o �.�, a� / ORDER DUE
Lax e�4
(D57,REV.7189) f
Gale Ranch II
Subdivision: 8668/N-213/ Gallery
Bond No.: 929270258
Premium: $927.00
I.APROVE.MENT SECURITY BOND
FOR PUBLIC IZIGHT OF WAY LANDSCAPE A.GRMNIEI'+T
(Performance, Guarantee, and Payment)
(Cal fornix Goverinnent Code Sections 66462 and 66463)
1. R-.crrAL oF2niMoN AGREnalilEaNT: The Principal has executed an agreement with the County to histafl
and pay for public right of way landscaping, and other related improvements in Subdivision 8688/N-26
L Qallprx as specified in the Subdivision Agreement (Right of Way �scapin r), and to
complete said work within the tirne specified for cornpletion hi the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final.Map or Parcel 1`v.Cap for said.Subdivision.
Shapell industries of Northam California, A
2. auanoa: Division of Shapeli Industries, Inc., a Delaware Corp. ,asPriucipal,and
National FIM InsuEanGe Qg i3y of Hartford----. a.corporation organized existing tinder the laws
of the State of CT , and authorized to transact surety business in Caffinsia,
as Surety,hereby jointly and severally bind ourselves,our firs, executors, a dnninistrators, successors, and
assigns to the Comity of Contra Costa, California to pay it,
One Hundred Twenty Three Thousand Six
A. Perfornime a aatl d Guarantee: Hundred Forty Four Dollars and 001100
Dollars($ 123,644.00 for itself or any city assignee uncles the above County
Subdivision Agreemmit,plus
B. Payment: Sixty Two Thousand Four Hundred Tw2!2ty Two Dollars and 00/100
Dollars($-L2,422-00 ) to sevum the claims to whichreferaxe is rnade in Title
.XV (corking with. Section. 3082) of Part 4 of Division M of the Civil Code of the State of
C,alifp2mia.
3. Cho
A. The Condition of this obhgation as to Section 2.(.A)above is such that if the above bounded Principal,
his or its heirs, executors,adtrmm:;istrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perfomi the covenants, conditions and provisions in the said
agreerrient 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 tom.
intent and meaning, and shaE indenviify and save bm3Aess 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.
t;C.7UNT"Y OF S)A
10,2003 ,before 1z te,
PERSC)NAL1Y APPEARED MxLe.�:_S�2S?�
personally hriawn to nie
to be the person.j�f whose narne(Wjs/jw+.-
SUbscribed to the within Inst:rurrient-and ar..lulowiedged to me
thatim/she/gte,rexeruted the ware In W&WherAheirauthorized �
capacity( s};and that. by fci�s/i�wrlt�a si.l;nature(�j a7ia tl�a3 # dANICE t.KR IS!
hTSU'u1alent the personW,or the entity upon behalf of which j CayWmission# 1318697
Notary Public •Colilomia
thei;�t'.P'sUiti(s'�'acteri,executed the iristrczrPtent, Santa Clara County
MY COMM Aug 24.2
W:lTi�lE4S my hand and official seal.
_._.. ` ..____.._..� ._....._..__._��_._............... ,.._..._Si
This a.nraP kir())ficial Nmarf fi.3raal
OPTIONAL
Ttx)ugh the iiata below is not requirecl by law, it may prove valuatAe to persons relying on the docurnent and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
} INDIVIDUAL
CORPORATE. OFFICE
TITI.,OF TYPEOF DOCUMENT
TrrEl:vi)
E] PARTNER(S) LIMITED
GENE-RAL
ATTORNEY-IN-FACT —".____�____......._NUMBE:ER OF PAGES
i.D TRUSTEE(S)
C UARDIA1 I ONSERvivi-OR
_. OTHER,
_ ..._....._._..........---_----- ......___ __ ..__.._...__...Y......_..._.
_._....___..�_....._............._.......... DATE OF DOCUMENT
SIGNER IS REPRESENTING-
NAMt OF PEra50NtS7 OR ENT TWEE
National Fire insurance Company.of Hal#f4fgw� .._.......
_SiGNEiR(S)OTHER THAN NAMED ABOVE µ_
ID-081 Rim 6194 ALL-PIJRPOSE ACKNOWLEDGEMENT
POWER OF ATTORNE i APPOINTING INDIVIDUAL ATTOr..JEY-IN-T=ACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation(herein collectively called"the CCC Surety Companies'),are duly organized and existing corporations having their principal offices in
the City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
Marie A Cook Individually
of Milpitas California
their true and lawful Attomey(s)4n-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Sy-Laws and Resolutions,printed on the reverse hereof,
duly adopted, as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 18th day of June 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
n rMcrr AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
Jtit t,
18x7 � •
Marvin J.Cashion Group Vice President
State of Illinois, County of Cook,ss:
On this 18tH day of June 1998 ,before me personally came
Marvin J. Cashion,to rme,known,who, being by me duly swum,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the
seals of said corporations;that the seals affixed to the said Instrument are such corporate suis;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.
.10
NOTARY
PtiSt1C
My Commission Expires March 6,2000 Mary Jo Abel Notary Public
CERTIFICATE
1,Mary A- Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
neve reof are stilt in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this day of I
CONTINENTAL CASUALTY COMPANY
C.�y `` t NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
COW10PAre t��„� `teC-1 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
JULY it.
U SEAL `c . r y i�cx
1897
Mary A. Ribikawskis Assistant Secretary
:v.10/1/97)
t
AuthL.,zing By-Laws and Resolutions
)OPTED 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—Execudon 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 attomeys-in-fact to act in behalf of the Company in the execution of
policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such 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 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 17th day of February, 1993.
`Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 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 pourer 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 sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company.'
OPTED 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 Vl—�ecutlon of Obligations and Appointment of Attomey4n-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-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the 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 seat 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 sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and
binding on the Company."
OPTED 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, 1893 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,Attomeys-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 r
certificates of authority,shalt 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 heli on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1893 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 certifificate 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."
N
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.
DISCLOSUME
EADYELPRENUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.04).
D-ISCIMURE OF +,I'ERAL P ART1 I'PATIC'!N IN RAYHFNT OF TEg gI6q r
LOISSM
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Form F7310
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of
On { c-3 before me, Tl)�,C__ '-
Date Name and Title of Officer(e.g.,"Jane Doe.Notary PubNe")
personally appeared
Narne(s)of 819ner(a)
ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)Mare
"J=C-r{te. subscribed to the within instrument and
JANtrr acknowledged to me that 4&A"they executed
Cotntnixslrm# 1318697 r the same in 4k~their authorized
WQry Pubkc`Ca is capacity(ies), and that by WeAwAheir
sart°Ckm courov signature(s) on the instrument the person(s),or
MYCINAMBOUM924. the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT SS my hand and official
Signature of Notary Public
OPTIONAL
Though the information below is not required by Jaw,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:�� tom\tc Z tik\J�
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ I dividual Top of thumb here
Corporate Officer—Title(s): S S ts,s
❑ Partner—❑ Limited ❑General
?; Attorney-in-Fact j
Trustee
Guardian or Conservator 7
0 Other:
Signer Is Representing:
01999 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.netionalnotary.org Prod.No.5907 Reorder:Ong Tall-Free 1.800.876.6827