HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-499 THE BOARDOF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on August 9 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPH0, DESAULNIER, GLOVER AND UILKE1-LA
NOES: NOME
ABSENT NONE
ABSTAIN': NONE
ESOLJTIN NO 005! 499'
SU$,IECT: Approving the Drainage Improvement Agreement for DA 04-00044'(cross-reference
Subdivision 99-48331), being developed by ,Danville Tassajara Partners, LLC,
Danville'area. (District III)
The following document was presented for Board approval this date for Subdivision 99-08331,
drainage acceptance file DA 04-00044,property located in the Danville area,Supervisorial District
III.
A drainage improvement agreement with Danville T'assajara Partners, LLC,' principal,
whereby said LLprincipal agrees to 'complete all improvements, as required in said drainage
improvement agreement,within one year from the date ofsaid"agreement.Improvements generally
consist of a storm drainage bridge.
Said document was accompanied by security'to guarantee the completion of drainage
improvements,as required by Title 9 of the County Ordinance Code,as follows
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
o iginator:Pubh,W4rlu<(ES) t�
Contact: Ter Ric(313-1363) AUGUST 09, 2005
BB nn ATTESTED:
G:\GrpData\eng$vc%BO3 2005kO6d19\DA 04.00044 Bo-20.doc
cc: Pubic Works- T.Belt,Construction JOHNSWEETEN,STEN Clerk of the Board of Supervisors and County
T—June 9,2006 Administrator
Danville Tassajara Partners,LLC
6121 Bollinger Canyon Road,Ste 500
San 1tinto%CA 94593
Attu:Brian Olin
The ContinentalL Insurance Company Deputy
2600 Lucien Way,Ste 130 By
Maitland,FL 32751
Attn:Jane Kepner
RESOLUTION NO,20051 499
SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00044(cross-
reference Subdivision 99-08331),being developed by Danville Tassajara Partners,
LLC,Danville area. (District III)
DATE: August 9, 2005
PAGE• 2
I. Cash Band
Performance Amount: $2,700.00
Auditor's Deposit Permit No. DP446032 Date: June;-13, 2005
Submitted by: Danville Tassajara Partners, LLC
Taxpayer identification number: 20-1461254
IISurety Bond
Band Company: The Continental Insurance Company
Band Number and Date: 929367266 May 23, 2005
Performance Amount: $264,900.00
Labor&Materials Amount: $133,800.00
Principal: Danville Tassajara Partners, LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLO'MN No. 2005/499
_a
DRAINAGE 1WROVEM NT MOREEMMa
Subdivision: DA 0044-crQgnreference SUB 83311 Effective Date*
Developer. L)anville Tassajara Partners L.L.C. Completion Period: I year
DANVILLE TASSA.IARA°PARTNERS,LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a Delaware limite&liabilitycompany
By: Lennar Homes of California,Inc.
{oI�'"RA Co5°fA COLEY DEVELOPER a California corporation,
Maurice M.Shiu,Public Works Director its Managing Member
(signor
1 �h
ay: (print name&,t std
e)Lynn, och' Vice reen
RnCr'"aM1i DED FO APPROVAL
(signature)
r
By: (print name&title)Paul n er,Asst.S=,eftry
Engin in t t
FORM AppROVED: Victor J.Westman,County Counsel
{NOTE: All signatures to be acknowledged.,tt'Developer is rncorpprated,signatures must
cmtforirt with the desilpiated reprosentsuve groups pursrutnt to Corporations CodeS3 t 3.}
i. _PARTIES Bi BATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Count ,"and the above-named
Deme-1-0m.mstually promise and agree as follows concerning this acceptance; f
2. IMPRQVI ME, N-J*�i.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant II
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 cornpil ate said work and;improvements(hereinafter'called"work")within the agave completion period from date hereof in a
good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings mate thereunder;anis where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
f
3. IMPROVEM NT SRCURITY Upon executing this Agreement,the Developer shall provide as security to the-County-
A.
he CountyA. For PerfarMgnce andtm ntee: $_ 2.7U0.(10 cash,plus additional security,in the amount of$_ 254.900.-30
together total one hundred percent(100%)of the estimated'cosrof the work. Such additional security is presented in the form of:
Cash,certified check,or cashier's check.,
X' Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
Wilt this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
I3. For Pavrnent: Security in the amount of S 133,8(20.00 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
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
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.446 and S94-4.408 of the Ordinance Cote. j
P
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4. GUARANTEE 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 i
96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the Conditions of Approval for the development. if,at anytime before the Board of Supervisors accepts the work
as complete or during the'orte-year guarantee period,said improvement plans prove to be inadequate in any respect, Developer shall make whatever
changes are necessary to accomplish the workas promised,
6. 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 th is 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 Developer ofhis obligation to fu If 11 this
agreement as prescribed;nor shat l 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.
S
F
7. INDEMNITY. Developer shall defend,hold°r harmless and indemnify the indemnities from the liabilities as defined in this section:
I
A. The indemnities,.benefatted and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
F
B. Thelijibilifies 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 suit(s),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 Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. s
t
t
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 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 from any negligent or willful misconduct of any Indemnity.
i
8. COSTS.Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PSORMANCE 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 casts and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc,)immediately
upon demand.
j
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.
3
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. 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 ofcredit securing said rights.
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XNPWS41SHARDATA1GcpDatuNEngSvc\Fonm\AQ WORMAG-17.doc
Rev.April 6.Z00o
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On May 20,2005 before me Karen L Keenan 'Notary Public,personally appeared
Limn Jochim&Paul J.Menaker,personally known to me to be the persons whose name
Lynn
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the
persons,or the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal. KwN+w±w
cor
# 3 378827 maom
Hotary Public - CaMOMIO
Contra costa County
Sign re ofNotary Pu is My Cca w0v Eames Oct 7 20�Xi
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MARTINEZ,CAEtNIA
` OkOANIZATION NUN►I�ER
t Cash Cditr�cttcxt Prtscs3iluresurr#y"Admiriiyhtitof's BNefin t 05 j
F'LfND/ORf3 SUB TASK F+Tt�ht ACTIVITY AMOUW
DESCRIPTION ,. ACCT.
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EXPLA 400N: TC)TAL. $
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EOposit consis#s bf tf*f6lio vingilr3ms
COIN and CLUitNtIrNCY $
CN�Ks,. Eirc. �
foR AUDITOR-C6WROLLER Us ONLY
DEOOSq
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ASSIGteD
The amount of money'descry ed above is for � Trc�asuier's raa��t of above arrrour t 1s proved. Receipt at above amount'is hereby
de osLR into the CoUnty [reasur•.
acknowledged,
a�S'7" F - •fMfC
5tgned .peputy•Caurrty Auditor iT Depu aunty TM0404r
Trite'
C1-fid REV.{7-931
0649-9665 'f 112300:. 61161569, $13.71 -00, 0&04-00037, Drainage
improvement Agreement Inspection Fee, Danville Tassajara Ptrs., LLC, 6121
Bollinger Canyon Rd., Scute 500, Scan Ramon, CA 94583
0649-9665 / 112300: G1161570, $4.328.00, RA01-01160, Land Plan Check
Deposit, Shapell Industries of Northern California, 100 N Milpitas Blvd,,
Milpitas,CA 95035
819800-0300: 61161546, $17.300.00, RA 02-01141, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500 San Ramon, CA
94583
819800-0800: G1161557, $ _ Cash Bond Danville
2,7UQ.00, D6 04-00044, ,
Tassajara Ptrs., LLC, 6121 Bollinger CanyonRd., Suite 540, San Ramon, CA
94583
819800-0800: 61161559, $2,300.00, SD99-08331, Cash Bond, Danville
Tassajara Ptrs., LLC, 6121 'Bollinger Canyon Rd., 'Suite 500, San'Raman, CA
94583
819800-0800: G1.161561, $10,500--00, RA04-01173,' Cash Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 5+00, San Ramon, CA
94583
819800-0800= 01161565, $1 X600.00, RA04-01162, Cash Bond, Danville
Tassajara 'Ptrs.,' LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819840-0800: G1161567, $2.3 6604-030037, Cash Bond, Danville
Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
0649-9665 ! 112300: 61161526, $1.500.00, FS 0500037, Flood Control,
Passport Hoes,Inc., 7950 Dublin Blvd., Suite 203, Dublin, CA 94568
0649.9665 / 112800: G1161.530, $20,000.0 , RA 04-01168, Road
Acceptance Review, Shopell Industries of Northern California 100 N.
Milpitas Blvd., Milpitas,ICA 95035
0649-9665 / 112300: 61161533, MS 01-0020, Wilbur T. & Arlene S. Daly
111, 624 Hidden Lakes Dr., Martinez, CA 94553
$1.019.89, Map Check
$2,7_55.46,
COA Compliance Check, no Improvement
0649-9665 / 1.12300: 01161536, $90.000.00, Sb 99-08331, Inspection Fee,
Danville Tassa jara Ptrs., LLC, 6121 Ballinger Canyon 'Rd., Suite 500, San
Ramon, CA 44583'
0649-9665 / 112300: G1161547, $81.400.00, RA 02-01141, Road
AcceptanceInspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd., Suite 500, Son Damon, CA 94583
0649-9665 / 112300: G1161558, $15,600-00,' DG 04-00044, Drainage
Improvement Agreement Inspection Fee, Danville Tassajora Ptrs., LLC,'6121''
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300'. 61161560, $18,aO0.0 ,' SD 99-08331, Landscape
Improvement Inspection, Danville Tassajara'Ptrs. LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665' / 112300: G1161563, $50!400.00, RA 01-01173, Road
Acceptance Inspection Fee, Danville Tassajara' Ptrs., LLC, 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
01649-9665 / 112300: G1161566, $20.700.0(?, RA01-01162, Landscape
Inspection Fee Deposit, , Danville Tasajara Ptrs!, LLC, 6121' Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
EXECUTED IN DUPLICATE
Deveiopmettt= IIA t3{l44 (cross-ref Si.fB'$3311
Bond No: ' 929
P7:emium;$1,325,bil
IMt ft0V1R E1gT SECuxrTY BO"
PoRDRAINAGE IMPROVEMENT AGREEMENT
(parfoante,Guarantee,and Payment)
(California Government Code §§ C, 499-66499.10)
1. R$ F� 1MrRoalifornia to in
vEMENT ACREEMRNT:The Developer (Principal)
� drai age and ed an
Ct'tAL op DRAINAGE
er
agreement with the County on Contra Costa. Caallnd tocomplete aid work within the
improvements 3�A Qfl44 cross-ref Sl1'1i 8331
ed for corn Improvement Agreement, all in accordance with State and
time specified completion in the pratnage
Irscal laws and rulings:
as Principal,and
2.' OBLIGATLUN' panvilie T2SSa'ara Fartne 9 L L.0 ,'acorporationorgu=d
The Continental Insuran a an4au1horixedtotran=
New shixe
existing,under the lays of the Stare df hereby j
sure business in California, as surety, jointly and severally bind ourselves,our heirs,executors,
sors and assigns to the County of-.Contra Costa,Cahforr�sia tri'pay as follows:
s�dministratarssucces
Two Hu dred Si t
A. Performance; pour Thor ire Hu ' ed and{1�1JICIO l7ollars
for the County of Contra Costa or any city assib=nee under the:above
County Road improvement Agreement,plus
payment. otle Hu' ed in Wee Thousand£i t Hundred and(} ! CEJ D Mars
Y
_. I to secure the claims to which reference is made in Title 15§§et seq-
of the Civil Cade of the State of California.
3. CoNuMoN;
The Condition.of this obligation as to Section 2 (A)above is such that if t s stand c and bide by and
�►. Th shall in all thing
or heirs,executers,administrators,successors or assigns -thesaid
well and truly keep and perfdTM the covenants,,condit ons and
ro ovibe kons ept anperformd at rhe time
any alteration thereofrnade as therein pYovtded on part,
and in the manner therein specified and in all respects'according to their trite intent and meaning and
all indemnify and save harmless the County of all
shA Costa(or city assigned)otherwise g nts shall d
ernpinyees,as therein stipulated,then this obligation shall become null aro ,
and rernam,in full force and effect.
ed Therefore,there
As art of the obligation secured hereby and in addition i c the face amount enable attorn
peys fees,incurred
shall be included reasonable costs,expenses and fees, nl�tdtrig reasonable
by the County of Contra Costs,or city assignee,in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement therein.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 other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind or for amounts due under the Unemployment
With respect
labor and that undersigned surety will'gaye sametn an amount not texceeding Theo such work or
am
above set forth and also, incase suit is brought upon this bond, will pay, in addit onount to theefact
ainount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in stIccessfully erjforc'tng such obligation,to be awarded
and fixed by the court all to be taxed as costs and to be included in the judgement there in recydered
It is hereby expressly StIpUllited 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(commencLng;with Sectio»
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns to any suit brought ttpan this bond.'
Should the work under the conditions 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 Drainage Improvement Agreement or any 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 without further notice to or consent by Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED.
The undersigned executed this document on May 23 2005
DANVILLE TASSAJARA PARTNERS, LLC, 4nw
a Delaware limited liability company
By: Le nar Homes of' alifornia, Inc.
AMCIPAL a a i ofo a cot sInc ion SURETY:
The Continental Insurance Company
Its' manag-- tng Member
Address: 6 2- 71 „ C n n_Rfjc P 500 Address. 2600 Lucien Wa Suite ;I30
City: San Ramon CA 9458 City:
By; By.
Print Name t��vi r3 Ti iTa�,c Print N e: Jane Ke ner
Title: 17ice r pan Tithe: Attorne -In-Fact
Attomein-l'act
uPw.� CwttKgdr�+&.g5.c�a,nW9n wtk3ssN.vaot ...
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Oran e
Can May 24, 2005 before me, Dina Printy, Notary Public, 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. _ 01NA�t�jM`
•"' t. Commission#1453810
Notary Pubiic-Caiitornia
orange County
MV Comm.was 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.
DESCRIPTON;.OF ATTACHED DOCUMENT
Type of Document: Surety Blind No 929367266
Number of Pages: Two (21- -_
Date of Document Mav 23, 2005
Signers (other than those named above):Jane Kepner
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice, for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one
or more of the following companies (collectively the 'Writing Companiee) as Surety
or insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance
Company of Hartford,American Casualty Company of Reading, PA., The Firemen's
Insurance Company of Newark, NJ, and The Continental Insurance Company
DMLQ8 IRS. OE EUMLM
The premium attributable to coverage for terrorist sets certified under the Act was
?gem Dollars ($0.€0).
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the applicable suretylnsurer deductible.
Fan Min
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No:5907
State of Califomia-
Countyrr'of Orange
On May 23 2005 before me, Ashley K.Ward,Notary Public
NAME.TfrLE OF OFFICER-E.O.,"JANE DOE,NOTARY PUBLIC'
DATE
personally appeared Jane Kepner NAME(S)OF SIGNER(b)
personally known to me'-OR ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/theirauthorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
ASHLEY K.WAi2D
CoMMbsion# 1483685
Notary P�ubiic-California WITNESS my hand and official seal.
Le
Orange County
,y,Comm,ExPlres Apr 16,2008 W "
n
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
F] INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
H GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S) NUMBER OF PAGES'
[❑ GUAF;DIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)'OTHER THAN NAMED ABOVE
S-4087/GEEF 2/98 &91993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave-P.O Bax 7184 Canoga Park,CA 91309-7184'
POWER OF ATTORNEY APPOINTINGINDIVIDUAL ATTORNEY-(N-FACT
Know.All Men By These lPresents,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 Companise),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 make,constitute and appoint
Mike Parizino Linda Enri ht Rhonda)C.Abel,James A. Schaller,Jane Kepner,Nanette Marlena-Myers,Patricia H.
Brebrier,Alexis H.Bryan,Lel h McDonough,Individually
Of , Irvine,California
their true and lawful Attomey(8)4n4 act(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 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'Whereof,the GIC 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.
...........
ty�.�'.
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
Michael Gengler Group)lice President
State of Illinois,County of Cook, ss:
On this 2nd day of April,2002,before me personally came Michael Gengier to me known,who,being byme dulysworn 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 said corporations and that he signed his name thereto pursuant to
like authority,and acknowledges same to be the act and deed of said corporations.
"OFFICIAL.SEAL" #
Pub) FAULKNER
Notaryry Public,State of Illinois ..�,
My Commission Expires 4117105
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My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A. Ribikawskis,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 stili
In force. an testimony whereof I have hereunto s fl5scribed my name and affixed the seal of the said corporations this 23;=d day of
Y
The Continental Insurance Company
ao ,�; F" Firemen's Insurance Company of Newark,New Jersey
4.
e
Mary A.Riblkawskls Assistant Secretary
(Rev.10/11/01)
}
Authorizing-8 '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,
9989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an ExecutiveVicePresident,-.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 facsimlle 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 ref 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 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."
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