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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-490 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 2, 2045 by the followingvote: -AYES: SUPERVISORS`GIOIA, PIEPHO, ;;DESAULNIER, GLOVER AND UILKE A NOES: NM ABSENT: NONE ABSTAIN: NONE �-ISUTC)N 10. ! 490 pproving MuTdlvision 7greement tRight of way Landscaping ;or PA 05-00028(cross-reference Subdivision 99-08331) street trees, 'being developed by Danville Tassajara Partners, LLC, San Ramon (Dougherty Valley) area. (District,E[l) The following document was presented for Board approval this date for PA`05-00028 (cross-reference Subdivision''99-08331) street trees, ',located in the San Ramon (Dougherty Valley)area. A Subdivision Agreement (Right of Way Landscaping) with Danville Tassajara Partners, LLC', 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. Irnprovements 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: $3,,100.00 Deposit made by: Danville Tassajara Partners,L.L.C. Auditor's Deposit Permit No. and Date: 447192 June 30 2005' LT:rm I hereby certify that this is a true and correct co of an G:\GrpDataNEngSvc\BO\2005\08-02\PA 05-00028 BO-I6.doc p5' Originator: Public woes(Es) action taken and entered on.the minutes of the Board of Contact: T.Pie(31M363) Supervisors on the date shown. cc: Public Warks- T.Bell,Construction Current Planning,Community Development June 6,2006(P1) Da ATTESTED: AUGUST 02, 2005 Danville Tassajara Partners,LLC 6121 Bollinger Canyon Road,#500 JOHN SWEETEN,Clerk of the Board of Supervisors and San Ramon,ca 94683 Attn:Finan Olin County'Administrator The Continental Insurance Company' 2600 Lucien Way,Suite 130 Maitland,FL 32751 Attn:Jane Kepner By ,Deputy RESOLUTION NO.2005/ 490 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 05-00028 (cross-reference Subdivision. 99-08331) street trees, being developed by Danville Tassajara Partners, LLC, San Ramon(Daugherty Valley) area. (District III) DATE: August 2, 2005 PAGE: II. Surety Bond Bond Company: The Continental`.Insurance Company Band Number and Date: 929367265 May 23,'2005 Performance Amount: $306,800.00 Labor&'Materials Amount: $154;950.00 Principal: Danville Tassajara Partners, LLC 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. 2005/490 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Coda§66462 and§366463) PA 05-000�'Q 42,/0 Subdivision: (X•rCF 8331 (Street Trees)) Effective[late: Subdivider: Doraville Tassatara Partners. L.L.C. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE'PARTIES`AGREEMENT HERETO: DANVILLE TASSAJARA PARTNERS,LLC, a Delaware limited liability company CONTRACt STA COUNTY SUBDIVIDER:Ey: Lennar140mesofCalifornia,Inc. a California corporation, Maurice M. Shiu, Public Works director Its Managing Member �yJa - By. .Lk \1, (signature C t (print name&titlt yon , chim, RECOMMENDED FOR APPROVAL: (WA (signatuBy: (print name&title)Pa J. akar,'Asst.Secretary Engineering Services"ori FORM APPROVED: Victor J.Westman,County Counsel (NOTE,All signatures to be acknowledged. If Subdivi ieris incorporated, signalu'es mustconform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&BATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"arid the above-mentionedubdi�der,:mutually promise and agree as follows concerning this subdivision: � 2. IMP___ROVEM hLTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street Irglits, fire Hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required In the improvement pans 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 comlate said work and Improvements(hereinafter called"work"3 within the above completion period from date hereof as required by the Calltmia Subdivision Map act(Government Code§§664104,nd following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal'or superlorto the requirements ofthe County Ordinance Code and rulings made thereunder, and where therels a confrict between the Improvement plaits and the County Ordinance Code,the stricter ' requirements shall govern. i 3. IMPROVEMENT SECU51TY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§65499,and j the County Ordinance Code,provide as security to the County: r A. For Performance and Guarantee:ntee: $ 3.100.00 cash,plus additional security,In the amount of $ 3006.80§7.00 which together total one hundred percent(100°foo the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. j X Acceptable corporate surety bond. i! Acceptable Irrevocable letter of credit. E 6 With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work forone yearafterits completion and acceptance;agalnstany defective workmanship or materials or any unsatisfactory performance:' i 8. For P ar t:. Security in the amount of$--, 154-950.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of:`.. Cash,certified check,or cashier's check i 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§944.406 and§94-4.408 of the Ordinance Code; r .. C 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article964.6 "Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, iP any defects in said work. 7 - i The guarantee period does not apply to road improvements for private roads which are not to be accepted intolhe t;ounty road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement, Said plant establishment work shall consist of adequately watering 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 PIAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Sectlon 2 and as required by the Condit€ons 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 i respect,Subdivider shall make whatever;,changes are necessary to accomplish the work as promised. I 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 j acceptance of the whole or any pert of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not { relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof, i 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 plans or accepted the work as complete,and including the defense of any suiI(s,action(s),or other proceedings}concerning said liabilities and claims, C. The actions causing_liability are any actor 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 sec#ion are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent orwillf�'miscondu 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 falls to complete the work Within the time specified in this Agreement,and s subsequent extensions,'o (falls to maintain the work, the County may proceed to complete and/or maintain the work,by contract or otherwise,and Subdivider agrees to pay all costsand charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. g Subdivider hereby consents to entry on the subdivision property by the County and Its forces,including contractors,in the event the )I County proceeds to complete and/or maintain the work. i Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs Incurred by the County,even If Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and alt other expenses of litigation Incurred by County in connection therewith,even If t 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 I territory incorporated as acity or 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 shat[fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. kwlap GAGrpDalalEngSvcaFdmulAG WORDWG Wkdoc Rev.Wy18,2001 i 1 I Executed in Duplicate PA 09 •010028 Subdivis on: (X-rtF 8331 (Street Trees)) Bond No.: 9293672 55 Premium: $1,534.00 bI ROVEMENT SECURITY BOND PoR P uBLTC RIGHT OF WAY LAl DSCAPF AGIE.EMINT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 aad'66463) S. RECITAL OF Stiantvtslort AGMIL4Et'dT: The Principal has executed an agreement with the County to install and pay for public tight of way landscaping, and other related improvements in Subdivision 8331 1Srreet Trees as specified in rhe Subdivision Agreement(Right of Way Landscaping),and to compictc saki work within the time specified for completion in the Subdivision Agreement(Right of WayLandscaping), all in,4:=rdanee 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.' 2. O1 LIQATION: ,asPrincipal,and The Continental Insurance Company the laws of the State of ._ New Hpshire a corporation organized existing wider P and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors, and assigns to the County of Contra Costa,California to pay it A. Performance and Guarantee: Three Hundred Six Thousand Eight(•`hundred and 00/100 Dollars ( 306,80000 l for itself or any city assignee under the above County Subdivision Agreement, plus B Payment: One-Hundred-fifty Four Thousand Nine Hundred if an ll U Dollars ( 154,95000 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. Ct3NOI''tgN: 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 keep and perform'the covenants,conditions and provisions'in the; 441 agtecinent 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 therein specified,'and in all respects according to their trete 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 shallbecome ' null and void; otherwise it shall be and remain in full force and effect.' As part of the obligation secured hereby and in ad(Jition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Couriry (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in an.y judgement rendered. B. The condition,of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and otherpersons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same to an amount not exceeding the amount herein above set forth,;and also in cast suit is brought upon this bond, will pay, in:addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing;such obligation;to be awarded and fixed by the count, and to be taxed as costs and to be included in the judgement therein rendercd. It is hereby expressly stipulated and agreed that this bond,shall inure to the benefit of any and all persons,corriparues and corporations entitled to file claims under?itle 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed there 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 Arany plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby' given to make such alteration withoutfurther notice to or consent by Surtty; and the Surety hereby waives the provisions of Califomia Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALMon on May 23, 2©05 DANVILLE TASSAJARA PARTNERS, LLC, a Delaware limited iablty company AUBy,y�� Lennar Homes o Cali ornia, Inc. , THE CONTINENTAL INSURANCE COMPANY NCIPAL= a California corporation, SURETY its Managing Member 2600 Lucien__Way, Suite 130 Address: 6121 Bollinger 'canyon Rd. . Ste, #500 Address: y, City: San Ramon,',CA Zi 945$3 City: Maitland, FL Zip 32751 By, By: Print Narne: ns?c7 Px7;4 ns Print Name; Jane Kepner o Title: Vice President Title:'' Attorney—in—Fact A.A. wFwSltStfgW3g7w+CrpDsrsEy� vrrumau3n wo%J>&Y-j2a a. .�'�y��14gyCy �14#�rd16 k �.•t �dii�� r � �� ( r+--.,�, r "�.a n h n�iFtc , r y'x, 1 � Z` z i a2 � -. �' ��;.4#'; "�' ,, 's, �� ~rt,t. '� ��� c r a r ,�.:��s j � +.a.� •�.+ �� -= a'' � �r r � ;�x � z u� s � '•�:�' , 3b�y ,G r, �'a -..';t'rv',"�"`�."�Y �: ��` =r... �'�:.. �. 1.7a <`�. '< 6'1� "tJ'e'1kN :sY� Itle Yl :s .�•' '��,. .__. .ria ' 't is � k.F F.. i xzt .,,5. aP xba}rh$*.5',a"ttr r7;t',x*:: Fr � ". <r+�:a' c..�. 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SD02-8682, Landscaping Inspection Fee Deposit, Shapell Homes, 100North Milpitas 'Blvd., Milpitas, CA 95035 0649-9665 1 112300. 61162233, $1:1.00 Map & Legal Description Review, LAFC0566 05-9, Albert D. Seeno Construction Co., 4021 Port Chicago Hwy, Concord, CA 94524-4113 0649-9665 f 112300: 61162238, $2,163.04, Inspection, Shopell Industries" of Northern California,'100 North'Milpitas Blvd., Milpitas, CA 95035 819800-0$00: 61162211, $3.4100.00, PA 05-00028, Cash Bond, , Danville' Tass€zjara Prs., LLC, 6121 Bollinger Carryon Rd., Suite '500, San Ramon, CA 94583 819800-0800: G1162220, $6.000.00, SD 02-8681, Cash Bond, Shapell" Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1162221, $4,100.00, SD 02-8682, Cash Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 1 112300: 61162209, $5010,00, RS 3015, Record of Survey Deposit, Logan Surveying, 391 Columbia Cir, Benicia, CA 945113 0649-9665 / 112300: 61162212; $20,000.00, PA 05-00028, Landscaping Inspection Fee Deposit, Danville'Tassa,jara Prs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300 G1162214, $3:954.48, MS O4-0010, Mahin Living Trust,..Mary M. Mahin TTE, 2425 Roundhill Dr., Alamo, CA 94507 0649-9665 / 112300: G1162215, $1.50303.017, MS O4-0710, Parcel Map Check, MahinLiving Trust, Mary M. Mahin TTE, 2425'' Roundhill 'Dr., Alamo, CA 94507 0649-9665 / 112300 61162227, $500.CK3, RS3017, Record of Survey Deposit, Christina L. Saenger, 30 Castle Crest Rd. Alamo, CA 94507 0649-9665 / 112300: G1162228, $500.00, R53016, Record :of Survey Deposit, Mark LeClerc,'PO Box 489, Lafayette, CA 94549 0649-9665 ''/ 112300: G1162237$9.298.00,DA 0056,,Drainage Pian Review Deposit,Shapel Homes, A Division of Shapely Industries, Inc. a Delaware Corp, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1162239, $216.820.03, SD 05-08900, Inspection Deposit, Shen Homes Northern CA Division, 2580 Shea Center Dr. Livermore, Ca 94550 0649-9665 / 112300: 61162240, $128,172.00, 50 05-08955, Improvement Flan Check Deposit, Shea Homes Northern CA Division, 2580 Shea Center Dr., Livermore, Ca 94550 0649-9665 / 112300: 131162241, $2,575.00, M503-0019, Map Check, Neil Cohn, Hannah Nicole Vineyard, 1260 Quail Trl, Brentwood, CA 94513 03649-9665 / 112300: 61162220, $30,700.00,. 5D02-8681, Landscaping Inspection Fee Deposit, Shapell Homes, 1003 North Milpitas Blvd'., Milpitas, CA 95035 CALIFORNIA ALL-PURPOSE-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May,24, 2005 before me, Dina Prints, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to fihe 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. oI ,PMNW Commission*1463610 Notary Public-Coi[ ril 1, sY "r ©range county My Comm.Expires Nov 28,2W71 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. DESCRIPTON'OF ATTACHED DOCUMENT Type of;document: Surety Bond No. 929367265 Number of Pages: Two (2) Date of Document: May 23, 2005 Signers (other than those named above):Jane Kepner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 StateofCalifornia County of Orange On May 23 2005 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC," personally appeared Jane Kepner' , NAME(S)OF SIGNER(S)j ® 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 rile that he/she/they'executed the same in AsLEv w,qo Elis/her/their'authorized capacity(ies), and that by his/her/their Commission#1483b85 signature(s)on the instrument the person(s), or the entity upon Notary Pule-Ca188't a behalf of which the person(s) acted, executed the instrument. Oronge County My Comm.Expires Apr 1 h.2008 WITNESS my hand and official seal. 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 farm. CAPACITY'CLAIMED BY SIGNER ;,DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT' ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER; SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR'ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067tGEEF 2108 0'1993'NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA,91309-7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a'New Jersey corporation(herein called"the CIC 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 slgnatures and seals herein aff€xed hereby make,constitute and appoint Mike Parizino Linda Enri iht Rhonda G.Abet,James A.Schaller.Jane Kepner,Nanette MarieIls- ars,Patricia H. Brelaner Alexis WWI l eigh Mcl onough',lndiyid rally ------------- of Irvine,Callfornla their true and Itrwful Attomey(s)4n-F=act with full power and authority hereby conferred to sign, seat and execute for and on their behalf bonds,undertakings and other'obligatory instruments of similar-nature ---[n unitmitet Arrmur is-- and to bind them thereby as fully and to the sante 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 Wherepf,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. *l.JJa Jy The Continental Insurance Company Fireman's Insurance Company of Newark,New Jersey State of Illinois,County of Cook,ss: Michael Gengter Group Vice President On this 2nd day of April,2002,-before me personally came Michael Gengler to rite known,who,being by me duly swom,'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 Nevi•' 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 seats affixed to the said'instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges sante to be the act and deed of said corporations. "OFFICIAL SEAL" DIANE FAULKNER " NotQrppublic,State of Illinois My G�rmrrtl s,on Expires 9/17/05 My Commission Expires September 17,2005 Diane Faulkner Notary Putrllc CERTIFICATE 1,Mary A. Rlblkawskis,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 23rd May 2005 day of ............ Or ,• ...........,o { '' The Continental Insurance Company z x ; #? i" Firemen's Insurance Company of Newark,New Jersey AS Mary A.Riblkawskis Assistant secretary (Rev.10/11fo1) Authorizing By-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 adapted by the Executive Committee of the Board of Directors of The Continental'insurance Company by unanimous written consentdated 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 quapfying 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 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,NEIN 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 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 bands,undertakings and All contracts of suretyship;and:that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each-or anyof 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 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." i "' In a r°da ce with the Urrr risco Risk Insurance Act of 2002, we an providing this diselosure notice for bonds and Certain i urance 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 fOnowing companies (colletttiv$iy the "Writing Companies") as e►uarety or insurer., Western Surety Company, universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National dire Insurance COMpany of Hartford,American Casualty Company of Reading, PA,, The f1rexnen's Insurance Company of Newark, NJ, and The Continental Insurance Company Tile premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars (so.€ o). T'he Unitsd States will gay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Faam�+n