HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-476 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 26,2005,by the following vote:
AYES: SUPERVISORSGIOIA, PIEPHO, 'DESAUINIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SOLUTIO T N,2 001$ X76
SUBJECT: Approving the Drainage Improvement Agreement for Windemere Phase III Detention
Basin, DA 02-00012 (cross-reference Subdivision 8508), being developed by
Windemere BLC Land Company, LLC, San Ramon (Daugherty Valley) area.
(District III)
The following document was presented for Board approval this date for Windemere Phase III
Detention Basin, drainage improvement agreement DA 02-00012 (cross-reference Subdivision
8508), property located in the San Ramon(Dougherty Valley) area, Supervisorial District III;'
A drainage improvement agreement with Windermere BLC Land Company,LLC,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within one year from the date ofsaid"agreement.Improvements generally
consist of drainage improvements.
Said document was accompanied' by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.'
Originator Public Works(ES)
co� ritt
Contact: Ted (313-2363)
o:�nazasEttgsvrsa\zous\orzs\caQz-000izso-zo.aoc ATTESTED: JULY 26 2005
Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County
T-May 26,2006
Windemere BLC Land Company,LLC Administrator
6121'Bollinger Canyon Road,#500
San Raman,C?94563
Atm_Brian L71in
The Continental Insurance Company
P.0'
Box 946640 By Deputy
Maitland,FL 32794-6640
Atm:Patricia H.Brebner
RESOLUTION NO.2005/ 476
SUBJECT: Approving the Drainage Improvement Agreement for Windemere Phase III
Detention Basin,DA02-00012 (cross-reference Subdivision 8508),being
developed by Windermere BLC Land Company,LLC, San Ramon(Dougherty
Valley)area. (District III)
DATE: July 26,,2005'
PAGE: 2'
I. Cash Bond
Performance Amount: $5,860.00
Auditor's Deposit Permit No. DP431272 Date: September 15, 2004
Submitted by: Windemere'BLC Land Company,LLC
Taxpayer identification number: 94-329-15-16
11 Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929341269 September 7;2004
Performance Amount: $580,140.00
Labor&Materials Amount: $293,000.00
Principal: Windemere BLC Land Company,LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.'
RESOLUTION NO. 2005/476
p_R���GE IivfpR(�V�."�, li 'NT
Subdivision: DA 001 (Cross Reference SUB 8508) Effective date:
Developer: yimLBLC Land Com2M LLC Completion Period: 1 year
WINDEMERE ALC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company
By.LEN-OBS Windemere,;LLC
A Delaware limited liability company
CONTRA COSTA COLTNTI' DE_VE C3PER Managing Member
Maurice M.Shut,Public Works Director BY:Lennar Homes of California,Inc.,
Managing Member
I
sw
BY L (signature)
RECO D R APPROVAL (print name&tit e Do Larson,Vice President
By: (signature)
E' 'n n8 ervices Division (print naive& le)Dtuleen Carpel* Asst.Secretary
MRM APPROVED. Victor d,Westman,County Counsel
(NOTE: All-signatures to be acknowledged.If Developer is incorporated,signatures must
conform with the designated representative getups pursuant to Corporations CodeS313.)
1. Rte&DAT A'' Ef ectivee tin the above date,the County of Contra Costa,California,herreinafter called"Goun " and the above-named
Develo etr,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in
conformance with the Contra Costa County Ordinance Code(including future amendments thereto);
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from data hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements ofthe County0rdinance 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. ZMI2OVE1viBNT Ste.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance And Guarantee: S 5,860.00 cash,plusadditional security,in the amount of$ „ 580,-140.00
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of
Cash,certified chock,or cashier's check':
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance ofthe work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pa ant Security in the Amount of$ 29 .000:00which is fifty percent(50%)ofthe estimated cost of work:
Such security is presented in the form of
Cash,certified check,or cashier's check ;
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit:
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing laboror
materials to them or to the Developer.Upon acceptance of the workers complete by the Board of Supervisors and;upon request ofthe Developer,the-.amount of
the securities may be reduced in accordance with 594-4.406 and 594.4.40$of the Ordinance Code.
4. Gi 3ARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a;period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 46-4.6,
„Acceptance,"of the Ordinance Code. DeveIoperagrees to correct,repair,or replace,of his expense,any defects in said work.
5. IN,_ROVEIvENT I'I AN WAIiI�ANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised
in Section 3 and as required by the Conditions ofApproval for the development. If,at anytime 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,Developer shall snake whatever changes are necessary to
accomplish the work as promised.
b. 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 oft/is Agreement,or acceptance of the whole or any partof said
work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as
prescribed-,nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and
conditions hereof.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 ofactions
defined below,and includingpeisonal injury,death,property damage,'inverse condemnation,or any combination of these and regardless ofwhetheror not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the
defense of any suit(s),action(s)or other proceedings)concerning said liabilities and claims.
C. The actions-causin lig 'ability are any act or omission(negligent or non-negligerit)in connection with the matters covered bythisAgreement
and attributable to the Developer,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 indemnity has,
prepared,supplied,or reviewed anyplan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering
any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-I'ERFORNIANCE AND COSTS. If Developer 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 Developer 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.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developeragrees
to pay all attorney'sfees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
10. ASSI xCNIvIENT. if,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to
that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
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\\Pw84\SliA.RT,TATA\GrpData\Eng5vc\Fonns\AG WORDl4G-17:doc
Rev.April 6.'2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss..
County ofa
,_ ..before me, " � = -�` �, i• s ` S ..,
Date Name and Title of Officer(e,g.,"Jens Doe.Notary Public")
personally appeared n ,-` CA
Names)of Signerts'J
QK personally known to me
O proved to me on the basis of satisfactory
evidence
, i
to be the person(s) whose name(s)-4e/are
KAREN L. KEENAN subscribed to the within instrument and
acknowledged to'me that# /the executed
commission## 1378827 y
/ the same in hisOmr/their authorized
6, Notary Public - Callforrita -
ca aci les and that b hisfh rltheir
Contra Costa County P tYt. ), y
My Coma,.Expires Oct 7,2006 signature(S)on the instrument the person(s),or
the entity-upon behalf of which the person(s)
acted, executed the instrument.
i
WITNES�'my hand d ff't�'raI seal.
j.,,.,,.." Signa 4{ clary PUGIIC I
j
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying an the document and could prevent
fraudulent removal and reattachment of this form to another document. i
Description of Attached Document
1
Title or Type of Document:
Document date: Number of Pages:
i
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
r:
Signer's Name:
i
D Individual Top of thumb here
E Corporate Officer—Title(s):
E Partner—❑Limited C General
l [ Attorney-in-Fact
Trustee
0 Guardian or Conservator t
71 Other:
i
Signer Is Representing:
01999 National Notaxy Association+9350 De Sato Ave.,RO Box 2402 Chatsworth,CA 01313.2402•w w,naaonefrrotaty;or8 Prod.No.5907 Reorder calf Toit-Free,1-600-876.6827 :.
....
... ...........
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
' OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA'
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Pro�ceaures sae County Administrator's Bulletin 105.)
DESCRIPTION t {{7RCxSUBTASK JOPTION AC`(tMY AMOUNT
421
'i � -
/ 1 �
1-41,-.;140,
l s:�y,r
,r
1t �,
i
I
A L-
-17
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EXPLANATION: _ TOTAL $ t
DEPOSIT
Deposit consists of the follyring items
CON and CURRENCY $
CHECKS,Ma.ETC rar �1�`1, .tel
BANK DEPOSITS $
FOR AUMTOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT Qp
NUMBER
DATE
ASSICNED� = `
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
sit into the County Treasury. acknowledged.
Signed at Date C rW i
Signed. " t Signed _ I �
Title: t _(r' ftl` EXT:F'° 2 ( t)eputy County Auditor Deputy County Treasurer
0-34 REV.(7-93) a'•. '� f r
r � q f r c. � `�= r--r ��
819 00 X3800: 5� :tea DC 00:12, Performance Zash Bond,
Wleere Land Corrtpany LLC, { Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: G1139841,$3,560.0 , DG 0033, , Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800 G1139844 $25 700.00, Sub 8776, Performance Cash Band',
Windemere BLC Land Company'LLC, 3130 Crow Canyon PI, #310, San Ramon,
CA 94583
819800-0800: G1139848, $1,490.00, DG 0032, , Performance Cash Band,
Winclemere BLC.Land Company LLC, 31.30 Crow Canyon PI, #310, San Raman,
CA 94583
Development No: DAA (Cross-.Ref SLID"8508)
Bund- 929 3!j1-262
Premium: $2,901.00
Executed in Duplicate
NIPR OVEWIS T SECURITY BOND
FOR DRAINAGE RaROVENIENT AGREEMENT
(faithful performance& maintenance,ANI- labor and materials)
1 OB�IGAfi1i+f N. indemere B—LC Lad COMRAm I LC ,asPrinc pal,and
The Continental Insgrarice Com-ga,z,-au, a corporation
organized and existing under the laws of the State of New 3amtr shires and
organized and existing under the laws of the State ofCalifbmi4,as Surety;hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay it;
A. Faithful Per'formancc, .Maintenance:Five H-undred-Eighty Thousaildred Fo and
001100 Dollars 58(31 40 00 )fbr itself or any city-assignee ander the below cited Drainage
mprovement Agreement, plus
B. Labor& !Materials: T'W r 1V'n 'Thr e T us ` an' 00 t3 Dollars
( ` V-3-,0!2!Q 1 for the benefit ofpersons protected under Title 15 §et seq. ofthe California
Civil Code.
2. 8491 AL fel-Ct_NT9AC_T.- The principal contracted with the County to install and pay for drainage and
other improvements in_ ( 8) DA1� as specified in the Drainage
Improvements Agreement, and to complete said work within the time specifiers in the Dt airyage rnprovement
Agreement for'completion, all in accordance with State and local saw's and rulings thereunder in order to
satisfy,the conditions of approval for SC1B 8504'rnde ePhUe III
3. CO—NDM_ON. Ifthe'principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,then this
obligation as to Section 1-(A.)above shall:become null and void, except that the guarantee ofmaimerance.
continues for the onea-year period; and if principal fully pays the contractors, subcontractors, and persons
renting equipment or furnishing labor or materials to chem for said work and improvement, and protects the.
prernises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void
otherwise this obligation remains in fall force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this bond-, and consent is hereby ,given to make such
alterations without fiurther notice to or consent by Surety, and the Surety hereby waives the provision. of
California, Crit Code § 2819i and holds itself bound without regard to and indcpentf ntly of y t xon
aaixust Principal whenever taken, andagrees that if County sues on this brand, Surety will pay reasonable
attomey Fees fixed by court to be taxed as costs and included'in the judgement.
3. CoNpmoN:
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 roily keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof trade as-therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and''effect:
As pan of obligation secured hereby and in addition to the face amount specified therefore,there
shall be included. costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The conditionof this obligation as to Section 2(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Centra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon ofany kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor,that said surety will pay the same in an amount not exceeding the amountherein above .
set forth, and also in case suit is brought upon this bond, will,pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, inc=cd by
County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)ofPart 4 ofDivision 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this band.
Should the condition of this bond be fully performed then this Obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by rhe
Principal and.the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;,and the Suretyr hereby
waives the provisions of California Civil Cade Section 2819, and holds itself bound without regard to
and independently of any action against Principal whenever taken.
SIGNED AND SXA.LED-on__-- September;7, 2004
PRINCIPAL Windemere BLC Land Company, LLC SURETY TO Continental' Insurance CpaRan
By See attached signature 2age< By
atricia H. Brebner, Attorney-in- `act
Address Address P.O. Box 946640,--Maitland, FL 32734-6640
G.Y3MI3 rVq*MW%SN woR,Dam-tame
WINDEMERE+ BLC LAND COMPANY,LLC,a California limited liability company
By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,itsi Managing Member
By LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member
David Evans, Vice resident
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On Sega#ember 8, 2004 before me, Dina Printy, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. ,,,;
DINA PRiN7Y
*1
4 Commission #1453610
Notcxry Public -California
Orange county
" My Comm.EXPIres Nov 28,2007
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer Vice President Lennar Homes of'California Inc.
DESCR PTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 929 341 269
Number of Pages: Three (3)
Date of Document: September 7, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE Ai, #OWLEDGMENT No.5907
State of California
County of Orange
On September 7 21134 before me, Ashley K.Ward;Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAMES)OFSIGNER(S)
personally known to me-OR,- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/snelthey executed the same in
his/her/their authorized'capacity(ies) and that by his/her/their
signature(s) on the instrument the persons) or the entity upon
ASHLEY K.WARD behalf of which the person(s) acted, executed the instrument.
commission# 1483688
Notary Public.coilfamia
►. orange County
My Comm,Ares Apr I 6,2008r WITNESS my hand and official seal:
w
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form,
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL,
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER;
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSONS}OR ENTITY(IES):
SIGNER(S)OTHER THAN NAKED ABOVE
S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O Box 7184 Canoga Park,CA 91309-7184
POWER OF ATTORNEY APPOINTING INDIVIDUAL AT iRNEY-IN-FACT
KnowAIl Man By These Presents,That The Continental=.Insurance Company,a New Hampshirecorporation,and Firemen's Insurance
Company of Newark,New Jersey,a'New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing
corporations having their principal offices in the City of Chicago;and State of Illinois,and that they do by virtue of the signatures and seals
herein affixed hereby snake,constitute and appoint
Mike'Parizino Linda Enright,Rhonda C.Abel,,fames A. Schaller Jane Kepner,Nanette Mariana-Myers,Patricia H.
Brebner,Alexis H. Bryan,Lei h McDonou h,'indlvidual
Of ry Irvine,California
their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other';obligatory instruments of similar nature
---in Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed,'
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002-
I
002:INSG CAir of
. cz 9y,`•« X44,•`' '•.ai
The Continental Insurance Company
Firemen's Insurance:Company of Newark,New Jersey;
Michael Gengler Group Vice President
State of Illinois,County of'Cook,ss:
Can this 2nd slay of April,2002,before me personally came Michael Genglerto 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 The Continental Insurance Company,a New
Hampshire corporation,and Firemen's insurance Company of Newark,New Jersey,a New Jersey,corporation described in and which executed
the above instrument,that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals,that
they were.so affixed pursuant to authority given by the Boards of Directors of saidcorporationsand that he signed his name thereto pursuant to
like authority,and acknowledges same to be the act and deed of said corporations.
"OFFICIAL SEAL" s
DIANE FAULKNER
Notary Public,State of Illinois •�. __.�,
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A. Riblkawskis,Assistant Secretary of The Continental insurance Company,a New Hampshire corporation,and Firemen's
Insurance'Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is
still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations'printed on the reverse hereof is still'
in force. In testimony whereof i have hereunto subscribed my name and affixed the seal of the said corporations this 7th day of
September 2004
C,
y �� b`}`' ��; The Continental Insurance Company
:z Firemen's Insurance Company off Newark,New Jersey
Mary A.Ribikawskis Assistant Secretary
(Rev. 10111/01)
Au,aorizing Bir-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive dice President, a Senior.
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney. .
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts ,
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of thein hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of'them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating'thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid andbinding.upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached.
l �To risco k.ln�a oi � , rs p 44-
, td ng this
dbdosurwnotic+a ►u&and � � pc�IW exp *hieh one or a are f ithe
U Pok. lonts and insu ds on terta%n, ti tan by an one
nor '
empanies V6ting Companies') ae qty
ter ms : s? ry ► ►parry, . c AMA* Surety Bond g
itAft fixe aual 'Ititli iauxnee
'men's
1�n�ans��p�►x��►c��;i�`�a�rark,,' �, and�e lntit��nl I�s .ra�t:e ani�►s�,
%e:pwMWb table toct>versg+�.�6r t�*or st scts cer�:�ed under the Act was
The ThAted.Staff will pay ninety percent (90%)of covered terrorism lows exceeding
the appliftble'-suretylinsurer deductible.