HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-406 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on rune 28, 2005 by the following voter
AYES: SUPERVISORS' GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESELU TION NO 24QS! X06
pproving Me u Ivision greement Ig °t of Wdyand§cAping) or FA 02-
00007 (cross-reference SD 7984), open space landscaping being developed by Shapell Industries
of Northern California, a Division of Shapell IndustriesInc., San Ramon (Dougherty Valley)
area. (District 111)
The following document was presented for Board, approval this date for PA 02-00007
(cross-reference SD 7984), located in the San Ramon(Dougherty Valley) area.
The open space'landscaping is located at Monarch Road and Bollinger Canyon Road.
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:
1, Cash Deposit
Deposit Amount: $1,000,00
Deposit made by: Shapell Industries of Northern California
Auditor's Deposit Permit No. and Date: 443334 April 26, 2005
I hereby certify that this is a true and correct copy of an
G:\GrpData\Engsvc�30\2005\06-28\PA 02-00007 Bo-16.doc action taken and entered on the minutes of the Board of
i
r
Originator:
Supervisors on the date shown.
tnr: Public Works(ES}
Contact: Teri%Rie(313-2363)
cc: Public Works- T.Bell,Construction ATTESTED: TUNE 28 2Q05
Current Planning,Community Development ,
T-April 28,2006(P I) JOHN SWEETEN,Clerk of the Board of Supervisors and
Shapell Industries of Northern California �4utl Administrator
N.Milpitas Blvd, County
Milpitas,CA 95035
Attn:J.Gold,S.Savage,&S.Worden y
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Ste 500ByDeputy
ty
Phoenix,AZ 85016 ,
Mina Pamela L.Stocks
.RESOLUTION NO.2005/406
SUBJECT: Approving the Subdivision Agreement (Right of Way Landscaping) for PA 02-
00007 (cross-reference SD 7984), being developed by Shapell Industries of
Northern California, a Division:of Shapell Industries Inc., San Ramon (Dougherty
Valley)area. (District RD
DATE: June 28 2005
PAGE: 2
II Surety Bond
Bond Company: National Fire Insurance Company of Hartford
Bond Number and Date: 929 348 484 March 10, 2005
Performance Amount: $70,000.00
Labor&Materials Amount: $35,500.00
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. 2005/406
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66453)'
Subdivision: PA 0007'(cross-reference SUB 7984) Effective Date: Fe4�# 2005
Subdivider, Sha° ell industries of Northern;California Completion Period' 1 year
c:� t e
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO?
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Shapell Industries of Northern California,
Maurice M. Shiu, Public Works Dir or
BY•(prin4 nam Ultel
RECOMMENDEDFOR APPROVAL:
By: BY:(Sk lure)
Engineering Services ivi ion Trin,nam?�title)
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. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivisions
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 withthe 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 alcove 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 Cade and
rulings mane thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: 1000.00 cash,plus additional security;in the amount of
$ 70,000,00 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 irrevocable letter of credit
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work forone year after its
completion and acceptance against any defectiveworkmanshipor materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 35=500.00; which is fifty percent(50%)of the estimated cost of the
work. Such security is presented in the form of:
Cash,certified check,or cashler'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 WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shail,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.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishmentwork 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 pians 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'thisagreement 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,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below, and including personal injury,death,property damage, inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement pians or accepted the work as complete,and including the defense of any suits) action(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 anyplan(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 orwillful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities''
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and 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 incurredbythe 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 alltheterms 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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G:1GrpData\En9SvclfarmsVAG WORD\AG-30A.doc
Rev.May 18,2001
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On Mauch 14, 2005,before me;Janice T. Kruse, Notary Public personally appeared,
J.C.Truebridge& Iden Cox personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
JANicE 1. KRUSE WITNESS my hand ail d official seal.
commission# 1318697 1
.. Notary Public-c aiitornia / r
Santa Clara County
My Comm.Expires Aug 24,2005 �; S,nature of Notary Public
Optional Information
Title or Type of Document: Subdivision Agreement Right-of-WayLance
Tract 7984
Capacity Claimed by Signer: Assistant vice President and Assistant Secretary of
Shapell Industries.Inc.
1 DRPQsIi PCKMt i
OFFICE OF COUNTY AUDITOR-CONTROL7--L-D
MARTINEZ,CALIFORNIA TFE TREA5URER:
;ECEIYED FROM
ORGANIZATION NUMBI,
(For Cash Collection Procedures we County Administrator's Bulletin 105.)Sulk
"
DESCRIPTION FUNDJORG. TASK OPTICIN ACTNtTY AMOUNT
kj,,,, ! r t' �/ �Yt. ))fir~
4 A k,
TL
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lilt ] I I I I I
,
f 2- 1: 2/2: 2,-,
1 ! Lill'. 11,. Tl
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(
i;k;I ATION: I TOTAL $
/, f j > t jr �' DEPOSIT - - ( !
Deposit Consists of the foRowing Items
CONY and CURRENCY $ f
/<2.:.__-)MO.ETC. $::—..,
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT pis
NUMBER t
ar
DATE
ASSIGNED
The amount of money described above is for Trewuw'v mceipt of above amount is approved Receipt of above amount is hereby
deposit mto the County Treasury, ociowwledged
SI (i i't.rt1 _a �' DCte
XS JCi d qty County Auditor ,Deputy County Treasurer
D-34 REV.17-93,}.:�':±
44
J C
0774, Gishonc : ,Shnpelle
ks � 4, 4%35
0649-9665 / 112300: G1161070, $6.100.00, PA02-00007, Landscape
Inspection Deposit, Shapelle Industries of Northern California, 100 N.
Milpitas Blvd, Milpitas,CA 95035
0649-9665 / 112300: 61161071, $44,920.00,Sub 8924, Improvement Plan
Review Major, Windemere BLC Land Company LLC', 6121 Bollinger Canyon Rd,
Suite 500, San Ramon, CA 95035
0649-9665 / 112300: G1161072, $69,700.00, RA1176, Improvement Plan
Review Road Acceptance, Windemere BLC Land Company. LLC, 6121 Bollinger
Canyon Rd, Suite 500, San Ramon, CA 95035
0649-9665 / 112300; G1161073, $10,600.00, DA0050, Drainage Review,
Windemere BLC land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, Son
Ramon, CA 95035
0649-9665 / 112300: G1161074, $5,320.00, RA1178, Road Acceptance
Review, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite
500, Son Ramon, CA 95035
0649-9665 / 112300: G1161075, $1.000,00, MS-01-0008, COA Compliance
Check -No Improvement, Robert Ahaesy, 301 Vernal Drive, Alamo, CA 94507
0649-9665 / 112300: G1161078, $500.00, R53002, Record of Survey
Deposit, Robert Terrence Karp, 3060 Diablo Shadow Dr., W.C., CA 94598-
3654
0649-9665 / 112300: G1161080, '$5,556.00, Sub; 8394, Inspection, Pacific
Building, Inc., 2570 San Ramon Valley Blvd., A104,`San Ramon, CA 94583
0649-9665 / 112300: G116181, $9,846.00, SD 98-07998, Inspection
Deposit, Western Pacific Housing (Bay Area), 400''N. Continental Blvd, Suite
100, EI Segundo, CA 90245
Subdivision: PA 00107 (cross reference SUB 7984)
Bond No.: 929 348A84
Premium: $525.4
IMP C3N'EIYIENT SECURITY BOND
OR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance,Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1, REC LAL QE SUBDI ISJO ACRE MEN The'Principal has executed an agreement with the County to
install and pay,for public right of way landscaping,and other related'improverncnts in Subdivision to t_.l E
(prass-ref SUB 798 as specified in the Subdivision Agreernerit (Right of Way
Landscaping), and to complete said work within the time specified for completion in the Subdivision
Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder
in order to satisf},conditions for filing of the Final Map or Parcel leap for said Subdivision.
2. OBLIGATION. Sha ell Industries of Northern California. A Division of Sha ell'Industries Inc. a
Principal,and National Fire Insurance Corn alae of Hartford a corporation organized existing under
the laws of the State of CT , and authorized to transact surety business ill
California. as Surety, hereby jointly and severally= bird ourselves, our heirs, executors, administrators.
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Seventy Thousand and 0/100 I�olla�s(
70Q00.00 0 7 for itself or any city assi nee under the above County
Subdivision A&geement,plus
B. Payment: Thim-Five Thousand Five Hundred and 0/100 Dolbs($
3%500.00 ) 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. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and truly deep and perform the covenants, conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed atthe time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall index nils, and save harmless the County of Contra Costa (or city
assignee),its officers,agents and emplo}tees,as therein stipulated.then this obligation snail become
null and void;otherwise 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, 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 ant judgeinent rendered.
B. The condition of this obliLyation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held fizmly bound unto.the County of Contra Costa. azul all
contractors,subcontractors.laborers,material men and other persons employed its the perfonnance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials'furnished or tabor
thel eon of any kind,or for amounts due under the unemployment Insurance Act with respect to such
sN ork or labor, that said surety Nvill pay the sane in an amount not exceeding the amount herein
above set fol , and also in case suit is brought upon this bond, will pad, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including"reasonable attorney's 'fees.
incurred by County(or cite assignee) in successfully enforei g,such obligation,to be awarded and
fixed by the court.and to be taxed as costs and to be included in the judgement therein rendered:
It 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 l 5(conzzrzencing 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 anv suit brought upon this bond.
Should the condition of this band be.fully performed then this obligation shall become null and void.
otherw se 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 age eed to ky the
Principal and the County shall relieve any Surety from liability on this bond,and consent is hereby
Given to make such Alteration«{itbout further notice to or consent by Suret3 and the Surety l erebt
Nvaives the provisions of California;Civil Code Section 2819,and holds itself bound without ry'aard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on 10 2005
Shapell Industries of Northern California,
A Division. of National Fire Insurance
PRINCIPAL: Shapell Industries, Inc. SURETY. many of Hartford
Address: I Q0 N 1?1 pi taS 'RI yd Address: 2355 E. Camelbacic Ploadi, Suite 500
Cita Milpitas CA dip: 95035 City
mixt A zips 85016
Print Name: r) { o i l` 1 #' f Ci< Print Name: Pamela L.
St
Title: -, . Title: Attorney-in-Fact
By:
Printed N and Title: a ; �f;
Printed
F�\1'S1'SFiARDATAGrpOata'EneSve+forms'BNWOPDA 3Mu i:.l2A.ciac
Res',June 17,1949
POWER''OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporatii'lfi, 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 matte,constitute and appoint'
Pamela L.Stocks, Bever A. Hall, Sandra V. Banner individually
of Sherman Oaks,California
their true and lawful Attorney(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 are hereby rated 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
corporateseals to be hereto affixed on this 7th day of January 2000
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
rort,ir� ' �WGtTf AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
7 �r
SEN.
State of Illinois, County of Gook,ss: Marvin J.Cashion Group Vice President
On this 7th day of January+ , 2000,,before me personally carne
Marvin J. Cashion,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 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 affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to Tike authority,
and acknowledges'same to be the act and deed of said corporations.
ilii ii iiiiili iii i4ib•�ir*
# `OFFICIAL SEAL" •
#
DME FI1ULKNER
1>'lswV PubRo. IOWe of Minofs is
• my CotawinlBil+E o jbq*",4117/01
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My Commission Expires September 17,2001 Diane Faulkner 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
reverse hereof are stiff in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this ___jDjJ3day of Mich 2E0 ,
CONTINENTAL CASUALTY COMPANY
�� �rj Zgx eisuR, � ►neR NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
►orwtre r, AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA
to 2
Off' SEJU. Y Jules 1. f'�} -•
1897 •
Mary A.Ribikawskis Assistant Secretary
(Rev.10f1197)
Authorizing,By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executedpursuant to and by authority of the following By Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds,undertakings and other obligatory instruments of likenature. 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 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 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 VE--Execution of Obligations and Appointment of Attorney-ln-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 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 powerofattorney granted pursuant to Section 2 of Article Vi of the By-Laws, and the signature ofthe
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 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 bonder undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
'RESOLVED:That the President, an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint, by written certificates,Attorneys-in-Fact to act in,behalf of the Corporation in the execution of policies of insurance;
bonds,undertakings and other obligatory instruments of like nature, Such Attorney4n-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 executionof any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact.'
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President; an Executive Vice President or any Senior or Croup 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 seated and certified by certificate so executed,and sealed,shall
with respect to any bond or undertaking to which itis attached,continue to be valid and binding on the Corporation."
........ '` !.... .._ .:... fir.. .. `d93-1."_.."Hc ....._... "�iU?K.:..S. ...... .._.... <+...3?I.:±^::::....._'t,^:..__::':..'.:.::.r,...:.::t}tW�+?:?r.AiW.£?.':'-.v.r,�.a::5i<' —•:•.ellYlFee.«35:. :.::tJ!!:.s:N:3:...::e p:a..�::zai:r:.
State of California
County of Los Angeles
Cin March 10,2005 before me. Sandy Hanner-Notary Public
o to NAME. TITLE OF OFFICER-'JANE UVt, NOTARY PUBLIC'
personally appeared Pamela L.Stocks
NAME(S)OF StGNrER(S)
( ) personally known to me—OR- (......) proved to me on the basis of,satisfactory evidence to be
the persons) whose name(*) Isf subscribed to the within instrument and acknowledged to me that
Nefshelthft executed the same In*is1her1ibrelr authorized capacityflea), and,that by kwherlt0lir'
signatures) on the instrument the person(e), or the entity u In behalf of which the person(s) acted,
executed the instrument.
.:�. �. WITNEk/m
hand and o seat.'
_ mmissi n#13ER. 7
Commisslorti#1362957
=ar Notary Public-Califomis S GNA t8 bF Atti7ARY
Los Angeles Qounty
My Comm.Expires Jul 2,2006OPTIONAL
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
j:...} INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE 08 TYPE OF DOCUMENT`
(�...)
PARTNER(S) i....} LIMITED
(.._.}GENERA,.
NUMBER OF PAGES
(...25..) ATTORNEY-IN-FACT
_..) TRUSTEE($)
GUARDIAN/CONSERVATOR
{._.) OTHER
DATE OF DOCUMENT
SINNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(1E$)
Natinnal'Eire ingu nng-Coronany of Hartford
SIGNER($) OTHER THAN NAMED ABOVE
�3•�ora�a•s
,.w
NOT-ICE
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 bands 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
Cempa.ny of A erica, Continental Casualty Company, National Fire Insurance
Company of Hartford,.AmericanCasualty Company of Reading, PA, T'he Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company.
DTSCLOSURE OF PREMIUM
The premium attributable to coverage fox terrorist acts certified under the.Act was
Zero Sollars ($0,00),
IS!2LQSUP--E OF FEDERAL PARTICIPATIONIN PAY MENTF TERRORISM
RIS
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable surety/insurer deductible.
Form F7310
.� ,. ',',, r..\, 6\..r"u'vMi-✓\T...,. h'v�,.. Y-sew t,yvvl �.- ' 1.: \.^S V4. u' .i`. h /' n \n
CALIFORNIA .ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Santa Clara
On March 14, 2005, before me, Janice T. Kruse,Notary Public personally appeared,
J.C.'Trueblridge& Ken Cox personally known to me to be the persons-whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature on the instrument the persons,or
the entity upon behalf of which the persons acted, executed the instrument.
JANICt .KRtl5e6
Commission# 1318 b97
» ; t3otery Public-coiitomto ' ; WITI` ESS my hand and official seal.
santo ciom county
My.Cornfxp1ws Aug 24.21 k5
Si ature of Notary Public
Optional Information ;>
Title or Type of Document: Trnprovement Bond Tract 7984
Capacity Claimed by Signer: Assistant Vice Presidentau� d Assistant Secretary of
5bauel1 Ind-
ustries,Inca