HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-363 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 14, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIERi GLOVER AND UILKR4A
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 363
SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for SD 02-
08632, 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 SD 02-08632,
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: $4,600.00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 409204 July 24, 2003
JY:rrri I hereby certify that this is a true and correct copy of an
G:\GrpnatatEngsvc\30\2005146-141SD 02-09632 BO-16.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
Shapell Industries of Northern California ATTESTED: JUNE 14, 2005
Attn:J.Gold and S.Savage
100 N.Milpitas Blvd. JOHN SWEETEN,Clerk of the Board of Supervisors and
Milpitas,CA 95035 County Administrator
National Fire Insurance Company of Hartford
Attn:M.Cook
100 N.Milpitas Blvd.
Milpitas,CA 95035
By ,Deputy
RESOLUTION NO.2005/ 363
SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for SD 02-
08632, being developed by Shapell Industries of Northern California, a Division
of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III)
BATE: June 14, 2005
PAGE: 2
II. Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929270257 July 10, 2003
Performance Amount: $457,619.00
Labor&Materials Amount: $231,110.00
Principal: Shapell Industries of Northern California, a Division of Shapell
Industries, Inc., a Delaware Corp.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2005/363
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code §66462 and 166463)
Subdivision: 8632 Effective Date: C.1 Q6 6
Subdivider: Shaoeil Industries of Northern California. Completion Period: 1 year
A Division of-Sha oell Industries, Inc.
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER:
Maurice M. Shiu, Public Works Director Sha ell Industries of Northern California
A Division of Shapell Industries. Inc._
(aria a
R MMENDED FOR APPROVAL: ,
"
�cmntt� tic - Pl r. to
By:
Engineering Services ision (pd nom. Me)
FORM APPROVED: Victor J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider Is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTi ESQ�Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,'and the
above-mentioned divid 'r, 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, ire 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 SECURITY.URiTY. 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: $AM cash,plus additional security,in the amount of$457.6_12 which togethertotal
one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the forma :
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$231.110,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
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.
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4. GUARANTEE AND WARRANTY Ur-7 WORK. Subdivider guarantees that said worr,shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and aftetheBoard of Supervisors accepts the work as complete ^
".a°~,="~=°=."""^="='4.". "='ep"=~= .".the Ordinance Cwuw. Subdivider agrees mcorrect, m� �expense,
any defects|nsaid work.
system.
The guamm�eeperiod does not apply b»road improvements for private roads which are not*obaaccepted Into the County road
5 under this
aWn*wo/entSaid p/anzestablishment work shall consist cnadequately rodent and
n,nm, est control and other work determined o ' to insure establishment of plants.Said plant
estabUahmenMwork shall beperformed for mperiod ofone-year from and after the Board cfSupervisors accepts 1h� /o 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 a reementas rescribed;nor shall the County be thereby be stopped from
action for gmnnmgeea�sinQfrom the f�|unot000mp|ywdhany oftheterms and oond|Uonohereof. bring - '
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The Indemnities benefittedomdpndec¢edbythiapmm|oeametheOounty,endbaopwcia|dimtdct.e|mcd}veandappoint|ve
boards,commissions,officers,agents,and employees.
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B. The liabilities protectedagainst are any liability orclaim for damage of any kind )| ed u8o incurred or threatened
because ofactions defined below, and including personal injury,death damage,inverse condemnation,or any o bi mU of
these, and regardlessofwhether ornot such liability,claim ordamage was unforeseeable cdany time before the County reviewed said
improvement plans or accepted the work as complete,and Including the defense of any sult(s),adon(s),or other proceeding(s)concerning
said liabilities and claims.
C. Th (negligent ornon-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. The promise and agreement| this cdnot conditioned or dependent whether ornot any
|ndamnitaehaa prepared,supplied,or approved any plan(s)ornpac0cmUon(m)|nconnection with this work oroubdhvia|on,orhas insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligentorWilful misconduct of
any Indemnity.
g. Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
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10Subdivider ndtothe mat|mhaoboncfthe
� . map
� 1 the time specified in this
subsequent o maintain the work, the County may proceed to complete and/or maintain the workby contract or
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otherwise,and Subdivider agrees topay all costs and charges incurred by the County(}nduding.but not limited to: engineering,|nmpoction.
. eunxaym.contract,overhead,etu.)immediately upon demand.
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Subdivider hereby consents to entry on the subdivisionpnzportybytheOuuntyanddmhonces.innludngcordoactors.inVeovent the
County proceeds tncomplete and/or maintain the work.
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Once action is token by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
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Subdivider subsequently completes the work.
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� I Should CAgreement urtorecover costs incurred|ncompleting ormaintaining the
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work,Subdivider agreesbopaym||attommey'mfeea'undm||odhnrexpensemcf|itiQohoninournadbyOnuntyinnonnaoUontherww)th,evenif
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Subdivider subsequently proceeds tocomplete the work.
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INCORPOBATION/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 toUhenew or Such �� all �a1�ol party beneficiary
� mQa8�t Subd��er.vWhoshall hu�Uall the terms ofd�mogneemen awthooghSubdivider had contracted with the city originally.
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� 13. RECORD MAE. |nconsideration hereof,County shall allow Subdivider tofile and record the Final Map orParcel Map for said
^
Subdivision.
:kwla� netncm8632(m10)M32L"mdso^n^/mnr.xowemen,.uoc
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Rev.=ty.".2°`
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss. ,
County of r't !°.1`? fa,, -Iat t ,
On —1 ' before me,
®T— Date _ ----,� Name and Title of Officer(e.g.,'Jane Doe,Notary Pubile" _
personally appeared --; ` t.� \ � __moi.•-- ,tom y�;� 1. :C r �r. i� r
Name(&)of Signer(s)
impersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Ware
Leo
subscribed to the within instrument and
acknowledged to me that NefeFrefthey executed
10131the same in hit AieMheir authorized
D ary Put*n - taNOM7 capacity(ies), and that by -4i hther/theirNtNory Pe�slic-Coqgip Ckua signature(s)on the instrument the person(s), or
1YCarnM the entity upon behalf of which the person(s)
24' acted, executed the instrument.
ITNESS my hand and official seal.
J1 Signature of RoTary Public
Though the the information below is not required by law,it may prove valuable to persons railing on the document and could prevent l
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:
❑ ladWdual N r Top of thumb here
Corporate Officer—Title(s): �
❑ Partner—❑ Limited [:]General
❑ Attorney-in-Fact
❑ Trustee
El Guardian or Conservator
i
Other:
)
Signer Is Representing:
i
0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402•www.rationsinotary.org Prod.No.5907 Reorder:Cell Toll-Free 1.800.876-8827
DEPOSIT PERMIT ( `_
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECENED FROM
ORGANIZATION NUMBER
i9
(For Cash Collection Procedures we County Administrator's Bulletin 1175.)
DESCRIPTION FUNDJORG. ACCT
TASK OPTION ACTIVITY AMOUNT
}� � LIZ
.
3:? �
/J j�-+��] /j�J 0 ff�,,
0. L
_L�H,1q( q 41 113-S20. Z(�)6 3,q 3
/ l5 '
6, lilt
,2.131
EXPLANAT N: J TOTAL $
DEPOSIT
Dit consists of the following items
MN and CURRENCY $ --; K,
OF
a ► ,+ CHOW,M.O.,ETC. $
( LA 22 74 BANK DEPOSITS $
FV AUDITOR-CONTROLLER USE ONLY
%c; J" i, ; ( .� 7t DEPOSIT
--rrte� PERMIT DP
'><:L /Y'S 20S. ,/ ,f" V/)7 I ') f.2, NUMBER
DATE 09204 JUL/24 T
ASSIGNCf +
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County Treasury acknowledged
Date 1,1,2J
,moi' / Signed: Signed: �-
Ti ( ( C - DAG i l_EXT. t �1 unty Audi Deputy County Treasurer
D-34 REV.(7-93) (_� ,
819800-0800: 01120514, $1,200.00, Sub 8688, Cash Performance Bond
(landscape), Shapell Industries of N. California, 100 N. Milpitas Blvd.
Milpitas, CA 95035
819800-0800: 61120515, $4,600.00, Sub 8632, Landscape Cash Bond,
Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas, CA 95035
819800-0800: 01120516, $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: G1120515,$24,300.00 Sub 8632, Landscape
Inspection Shapell Industries of N. California, 100 N. Milpitas Blvd. Milpitas,
CA 95035
0649-9665 / 831000: G1120516, $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: G1116895, $805.43, MS 8-99, Inspection deposit,
Premium Property development, 428 N. Buchanan Cir Ste 14, Pacheco, CA
94553
0649-9665 / 831000: 01116896, 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: 61116899,$500.00, 852813, Record of Survey
Deposit, Kristy Huffacker, 2337 Walnut Blvd, Walnut Creek, CA 94597
Gale Ranch II
SubdivWon: 86321 N-101 Renaissance
Bond No.. 629270257
Premium: $3,432.00
IMP.ROVEMNC SwuRm BoND
FOR PUBLIC RIGHT OF'WAY LANDscA:PE AGRm NT
(Performance., Guarantee, and Payment)
(California Government Cade.Sections 66462 and 66463)
1. Dein ALM EMMte>N : The Principal has exerted an agreement with the County to inAali
.and pay for public right of way landscapiag, and other related improvements in Subdivision 8532/N-10
L.Renaissance &,q specified in the Subdivision Agreement (Right of Way Landscaping), and to
complete said work within the time specified for completions its the Subdivision Agrreecmwnt (Right of Way
Landscaping),g), eft in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of the Final Map or Parcel Map for said Subdivision.
Shapell Industries of Northem California,A
2. 3 A=: Division of Sha ell Industries Inc. a Delaware Co!p. ,as Print*and
a corporation organized existing under Else laws
of the State of __ cT -,and autborized to transact surety business in Californnia,
as Surety,hereby jointly and severally hind ourselves,our heirs,executors, admisnistrator&, successors,and
assigns to the County of Contra Costa,California to pay it:
A. Perfonnauce and Guarantee. Four Hundred Fifty Seven Thousand Six Hundred Nineteen Dollars and 00/100
Dollars( 457,619.00 )for itself or any city a ssigrnee under the above Cournty
Subdivision Agreement, plus
B. payment. Two Hundred Thi One Thousand One Hundred Ten Collars and 001100
Dollars 0',231,110.00 l to seccure the clairs-k-,to whni+ch.refearetwe is made in Title:
.XV (commencing with. Sections.3082) of fart 4 of Division Ili of the Civil Code of the State of
California.
3. Commom.
A. Ilse Condition of dila obligation as to Section 2.(A)above is such that if the above bounded Principal,
bis or its heirs, executors,adtn Wstrators, successors or assigns, shell in all things stand to and abide
by, and well and truly keep and perform the covenants, conditious and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner tlserein specified, and in all respects according to their trcxe
intent aid 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 dean beco=
null and void. otberwise it shall be and.remain in full farce 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, mclurf ing reasonable attorney's fees,
incurred by County(or city assignee)m successfally enforcing such obligation,all to be taxed as costs
and included in any judgment rendered.
B. ' 1r, condition of this obligation as to Section 2.(l3) above is smh that said Fiinr ipa3 and the
undersiped as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,sabcouttvaors,laborers,material:sten and other persons ennpinyed in the,performance
of the aforesaid agreement and referred to in the do re6aid Cid Code for materials ftur W3ed or labor
thereon of any bind,or for amiounts due muter the I3nerrlploynzat Insuranizdict with respect to such
work or labor, that said surety will pay the same in an arnount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addiction to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee) in mccessful y enforcing.such obligation, to be awarded and fixed by the
court,and to be tam 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 claim under Title 15(commencing with Section
31382)of Part 4 of Division 3 of the,Civil Cade,so as to give a right of action to them or doir assigns
in any suit brought uponthis bond.
Should the-,condition of this bond be fully performed than this obligation shall become null axad void.,
otherwise it shall be and remain iii full force and effect.
C. leo alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and tlhe County,hail relieve any Surety from liability on this bond;and consent is hereby
givers to make such alteration without further notice to or consent by Surety;and the Suety 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,.
Slg AM SFAIED on July 10 2003
Shapell Industries of Northern California,A
PItNC 'AL'Division of Shapely Industries,Inc.,a Delaware Corp. SURETY- National Fire Insurance Company of Hartford
Address- 100 North Milpitas Boulevard dress: 100 N. Milpitas Blvd.
City Milpitas Zip, 95035 may.Milpitas 7 95035
Print Dianne: nt' - Oz) Print Name: Marie A. Cook
Title: Title: Attorney-in-Fact
By:
Print Name
J tle: ,
��rws>.�sm�lltvrr.� «ro.�i�wc�rn�•�. .
N01I CE
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.
The premium attributable to coverage for terrorist acts certified under the Act was Zero
Dollars ($0.00).
DISCLOSURE OF FEDERAL PARITCTEAlION IN PAMENT OF TERRORIS
LSE
The United States will pay ninety percent(90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
Faffn F7310
POWER OF ATTGRNL. APPOINTING INDIVIDUAL ATT0,,.NEY-IN-FACT
Know Ail 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 duty 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 Individuality _--_
of Milpitas, Callf0mis
their true and lawful Attomey(s)4n-Factwith full power and luthortty 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 duty authorized officer of their corporations and
all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof,
duly adopted,as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CCC'Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seats to be hereto affixed on this 18th day of June 1998
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
,�► JUL t,
cJ $EJrL .
1897
V
W �+
Marvin J.Cashion Group Vice President
State of Illinois,County of Cook,ss:
On this 18th day of June 1998 before me personalty came
Marvin J. Cashion,to mot known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and
AMERICAN CASUALTY COMPANY OF 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 seals;that they were so afPoced pursuant to authority
given by the Boards of Directors of said oorporstions and that he signed his name thereto pursuant to Pike authority,and acknowledges same to
be the act and deed of said corporations.
�r G�
My Commission Expires March 6,2000 Mary Jo Abet Notary Public
CERTIFICATE
I,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 stilt in force,and further certify that the By-Low and Resolution of the Board of Directors of each corporation printed on the
reverse hereof are still in force.In testimony whereofE have
hereunto subscribed my name and affoced the seals of the said corporations
this_ day of (v( 7
I
CONTINENTAL CASUALTY COMPANY
Cr VASP of,,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
•SEAL
iee7
Mary A. Ribikawskis Assistant Secretary
10/1/97)
,
t
Autho..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 duly adopted by the Board of Directors of
the Company.
"Article IX---Execution of Documents
Secton 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 attomays-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 green 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, 1593.
"Resolved,that the signature of the President or any Executive, Senior or Croup 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."
DPTED 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 Attorney4n-Fact
Section 2.Appointment of Attomay-in-f~act.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 attomays-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 attomay-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
7irectors of the Company at a meeting duly called and held on the 17th day of February,1993.
"Resolved,haat 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 int to Section 2 of Article Vl 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 shalt 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."
7PTED 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
he 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,Attomeyswn-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 Attomay-in-Fact,subject to the limitations sat firth 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 F
the seal of the Corporation thereto.The President,an Executive lice Prlert,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
3irectors of the Company at a meeting duly called and held on the 17th day of February,1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of 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 witty respect to any bond or
undertaking to which it is attached,continue to be valid and binding on the Corporation."
bi4bre me, �—..._.v..
PERSO'NAL,LY APPEARED ie A. k T
pi+I•sonaliy known to me
to be the persoro whose narme fA is/oaf
su4scrilx-d to die within Instrument a.nd.acluiowiedged to rtre
ffiat,ite-/she/gwy,executed the same in4tI ,`her/1*cfrt8uthorized
capacity. )-and brat bye./herbsignature*on the JANICET KRUSE
instrument the person*,or the entity upon betralf'of whichCommission013188i'37
the persotI44 acted,executed the Instrument, Not"Publio-CaDtornia
sant C*2 ctunty
WITNESS rrry hand and official seal. *CMft �X
("', L
Signal: This ant for{71,licial Notarti Seal
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 fair
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICEr�
TITLE OF TYPE OF DOCUMENT
TM. FS
E] PARTNER(S) El LIMITED
C3 GENERAL
C1 Al"FORNEY IN-FAC:F NUNiEiER OF PAGES
Cwt
TRUSTEE(S)
D GUARMAWCC1P+S RVA-1-O Z
f.j OTHER-
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAW OF PERSON($)OR EI TY(IES)
National Fire Insurance Company of Hartford __._.SIGtUCt �t7THEF2 rI�AN hlAtEa�ABbvE �+��+
Ita-091 f0w,6194 ALL-FIJ'RPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of cid -
On �► before me, (U 1C -t �► �, ,
ata Ali RName and Tttle of tOffioer(e.g.,"Jana Doe,Nota Public-)
personally appeared .1 .� � R U.S `i1r L
Name(s)of Signer(s)
e>t5p_ersonaliy known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -Ware
A A ; �. subscribed to the within instrument and
JANICE T.KRUSE acknowledged to me that kze/aWthey executed
19CormmGWw0131BW the same in hist Aheir authorized
Notwy Pubfio-Cafforirda capacity(ies), and that by h�/their
saft CIM Cou* signature(s)on the instrument the person(s), or
11100MM&OWAUCAM the entity upon behalf of which the person(s)
acted, executed the instrument.
NESS my hand and office seal.
signature of rotary Public
®PT
Through 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:
MINIM
I ividual Top of thumb here
Corporate Officer—Title(s):NS '
❑ Partner—Q Limited ❑General
❑ Attorney-in-Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
1
Signer Is Representing:� -L- -
0 190 National Notary Asawlation•9350 Do sato Awn.,P.O.sox 2402+Chamworth,CA 91313-2402+www.nationainotary.org Prat.No.5007 Reorder:Call Toil-Free 1-800-876-6827