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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-503 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on August 9, 2005 by the following vote AYES: STJPERVISORS GIOIA, PIEPHO, DESAULNIER GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLC,TTON 1`�lO. 2Utl5! 5�3 SUBJECT: Approving Subdivision Agreement (Right of'Way Landscaping) for RA 04-01162 (cross-reference Subdivision 99-08331), streetscape landscaping,being developed' by Danville Tassajara Partners, LLC,Danville area. (DistrictIM ' The following document Was presented:.for Board approval this date for RA 04-01162 (cross-reference Subdivision 99-08331), located in the Danville 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. 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: L Cash Deposit, Deposit Amount: $1,600.00 Deposit made by: Danville Tassajara Partners, LLC Auditor's Deposit Permit No. and Date: 446032 June 13, 2005 BB:rm I hereby certify that this is a true and correct copy of an G:\GrpData\ErigSvc\130\2005\08-09\RA 04-01162 BO-16.doc Originator: Public Works(ES) action taken and enured on the minutes Of the Board Of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Belt,Construction Current Planning,Community Development T-June 9,2006(Pl) ATTESTED: AUGUST 09, 2005 Danville Tassajara Partners,LLC 6121 Bollinger Canyon Road,#500 JOHN''SWEETEN,Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Atm:Brian Olin The Continental Insurance Company' 2600 Lucien Way,Ste 100 Maitland,FL 32751 Attn:June Kepner By ,Deputy RESOLUTION NO.2005/ 503 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 04-01162 (cross-reference Subdivision 99-09331),'streetscape landscaping,being developed by Danville Tassajara Partners,LLC, Danville area. (District III) DATE: August 9, 2005 PAGE: 2 Il. Surety Band Bond Company: The Continental Insurance Company Bond Number and Date: 929367267 May 23, 2005 Performance Amount: $157,500.00 Labor&Materials Amount: $79,550.00 Principal: Danville Tassajara Partners, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department: RESOLUTION No. 2005/503 l s SUBDIVISION AGREEMENT (Right of Way Landscaping) i (Government Code§66462 and§66463) a . Subdivision: RA 1162'(Cross-Ref SUB 8331) Effective Cate: Subdivider: Danville Tassaiwa Partners. L.L.G. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO., DANVILLE TASSA3ARA PARTNERS,LLC, a Delaware limited liability company CONTRA COSTA COUNTY SU$DiV[DER:Sy: Lenaar Homes of California,Inc. a California corporation, Maurice M.Shiu, Public Works Director' Its Managing Member By. (signature}~ - 1 (print Lynn icbim,VicePri t RECOMMENDE FLT APPROVAL: (signatu' ) By: (print name&ti le)Pa J. naker,Asst.Sdcretary Engineering S,Ervlces " iu ion FORM APPROVE(: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdividerls incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTII=S&DATE, )affective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Sibdivider, mutually promise and agree as follows concerning this subdivision: 2, IMPROVEMENTS, Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street lights; fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this su bdivislon as reviewed and on file with the Contra,Costa County Public Works Department and In conformance With the Contra Costa County Ordinance Cade(including future amendments thereto). [ Subdivider shall complete said work and improvements(hereinafter;called"work")within the above completion period from date {! hereof as required by the Callfornia Subdivision Map act(Government Code§§66410 and fallowing),in a good workmanlike manner,in accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder, and where therVis a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern.: 3: IMPROVEI'+tiEN7 SFCURITY. upon executing this Agreement,the Subdivider shall,pursuant to Government Coda§66499,and the County Ordinance Code,provide as security to the County: A For Performance and Guarantee; $ 1.600.00 cash,pots additional security,in the amount of $ 157,500.00 which together total one hundred percent(960ala)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. a Acceptable Irrevocable letter of credit. i With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its j completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. j B For Paymant: Security in the amount of$ 79 550.00 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. i i 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 I securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code: i z 4. GUARANTEE AND WARRANTY OF WORK. Subdividerguarantees 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 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 ESTABLISdi„MENT 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,dooing 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 plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,of 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 empployee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work.and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this 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. s 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. i B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threafiened because of actions definedBel ow, and Including personal injury,death,property damage,inverse condemnation,or any combination of ! these,and regardless of whether or not such liability,claim or 08mage 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),actions),lir other proceedings)concerning said liabilities and claims. I I C. The actions causing li bility 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-Condlt_ions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any pians)or specification(s)in connection with this work or subdivision,or has insurance' i or other indemnification coven ng any of these matters,or that the alleged damage resulted partly form any negligent or Wilful 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. w i 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the j County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND�CbSTS: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 agreesto pay all costs and charges incurred by the County(including,but not limped to: engineering,inspection, I surveys,contract,overhead,,etc,)immediately upon demand. Subdivider herebyy consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to compiete 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 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 subdivisum 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 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 Ficial Map or Parcel Map for said Subdivision. :kwlap GAG1 p0a1atEngSyc4Forma"WOROIAG•30A.doc Rev.May 18,2001 1 1 _ 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On May 20, 2605 before me,Karen L.Keenan,Notary Public,personally appeared Lynn Jochim &Paul J. Menaker,'personally known to me to be the persons whose name 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. KAREW L Me" ConVY*bn#1378827 Notory Public - Calltorm- Contra Costa County Signature of Not4 Public CYComm.;Exptrest"?c:t' 10X16 .•+x.r t a, ,� kf i sh,3t."�Wss M.tlr,F "r rk,.aa-ice,.. .#,1: L., nh. 7 •F Yr,' ,.,''r °rte t z r � � � i ��.0,�� � � � ;_ �. t ��+"� 1� 1 ..t;k �v1rE�,. �N � �k�,r. 5 wd v'h.i� l,. J. *•, � � JI {yJr�,1� a fi+ r 1 .0 byA t S k Y rY .,.. iv.. , � � 4 1 �• � h i HES \ �'„� �} --�F �: .a sµe ,d.1•a sit.k h,.E.,�;-:,'+r,.a .kn.....,i�u. ,7.,txww.«. ru'�w» � �� ' 1 gg ,YK Y R d tY4 : d 'ul, .3, „L.r ! 1 g' ,.,tr,.? ^l�b''i.£ 4SrF..,1ro »#'a,� x �.m i+,.rt.y,err i'b .• "Cm3.r h+x -� €r. >rk y„ e&M,.V1.JvJ w i k � -05 ia , y .�"w •`'s+a r a r - 1 i, . �C€ra.Aar f 4' " xG l'!r' x+ .d&at� #fir ` y (TFet4i`d i � f sitt t E ►prerwer . li Minh Y ,{ ? D*U ' ati�iar,e laputy'rY;Treas . . � �� s�t #is�i�?roEtii�#.t ��.of►n�}+��I;��f '��Ikd�i�r�-��5.� , . Ott UMN 5Lf$ bE5t"ItlP'fft�l �f�� �ACCO r 'BASK F�rl6f�l ASV ka2 Big £ Ll 41 A mow+• , tp, v i >r£ '� tl � tt t r i t t -Nf f14 , s GX,kO d kfia`'ni4�n e OPlAl' ATION. T ►TAI 0L"C1Ffi i6 6f t6 FCi •Aub tbkk cow KOLIElt USLOt I.Y bt ob it ��ittaut ' •t�A�t�:. AsSl�ci �� the.6mount ri#Mona "cri ed abiivm for firedsE,r6h's i s bi rt d#clbe re dir ounf!x clpp#aved. FWfd,pf of cfii,uurrt,s hai�by c#eposif into the G+ t tneea ur +t� ; etci iaw{edged title. " t I ae ;y.c,► y ,�, ` Dep. +y b-3d REV.(7.93) 0649-9665 / '112300; G1161569, $13,700.030, DG04-04037, Drainage Improvement Agreement Inspection 'Fee, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300; 61161570, $4,.328.100, RA01-01160, Land Plan Check Deposit, 5hapell Industries of NorthernCalifornia, 100 N. Milpitas Blvd.,, Milpitas, CA 95035 t 819800.0800; 61161546, $17,300.00, RA 02-01141,:Cash 'Bond, Winclemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 5010, San Raman, CA 94583 819800-0800; G1161557,` $2,700.00, DG 04-00044, Cash Bond, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800; 61161559, $2,300.00, SD99-018331, Cash Band, Manville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800; G1161561,: $10,500.00, RA04-01173, Cash Bond, 'Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA 94583 819800-0800; G1161565 $1.600.00, RA04-01162, Cash Bond, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd`., Suite 500, San Ramon, CA 94583 819800-0800; G1161567 $29300.010, DG04-00037, Cash Bond, Danville Tassajara Ptrs., LLC, 6121 Bollinger' Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1161526, $1,500.00, 1=S 0500037, Flood Control, Passport Homes,Inc., 7950Dublin Blvd., Suite 203, Dublin, CA 94568 0649-9665 I 112300: G1161530, $20.000.00, RA 04-01168,' Road Acceptance Review, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 1 112300: G1161533, MS 01-0020, Wilbur T. & Arlene S. Daly # 111, 624Hidden Lakes Dr. Martinez, CA 94553 $1,019.09, Map Check $2.?55.46, COA Compliance Check, no Improvement 0649-3665 1 112300: 61161536, $90,000.00, Sb 99-08331,Inspection Fee, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA! 94583 0649-9665 / 112300: G1161547 $81,400.00, RA 02-01141, Road Acceptance Inspection, Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 1 112300: G1161558, $15,600.00, DG 04-00044, Drainage Improvement Agreement Inspection Fee, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 1 112300: 01161560, $18.800.00, SD 99-08331, Landscape Improvement Inspection, Danville Tassajara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G116!1563, $50,400.00, RA 01-01173, Road Acceptance Inspection Fee, Danville Tasso jara furs., LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 f 112300: G1161566, $20,700.00, RA01-01162, Landscape Inspection Fee=Deposit, , banvil'le Tassajora Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500;San Ramon, CA 94583 EXECUTED IN DUPLICATE Suhdivi iottc FSA l l62 f r ss- efSIM 8331) Hond No., 929 367 267 Premium:$7 8(3.(30 LwRovxwNT Swmwy BDI+ pop PmLTC RICHT OF WAY LAN`DSCAPIL AGREEMENT (Perfortnaace, Guarantee,' and Paymem) (California Government Code Sections 66462 and 66463) I. RiCITAL OF MDty,iStC3NA.0 tegMew: T`he princip4l has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvements in Sajbdivision gA 11 i2 Qoss-Ref S 83311 as specified to the Subdivision Agreement (Might of Way Landscaping), and to complete said work within,the time specified for completion in the Subdivision Agreement('Right of Way Land aping), all in accordance with State and local laws and ntls"np thereunder in order to s4zry conditions for filing of the final Map of Parcel lufapr for said Subdivision. 2. One.Ga,TIOW. Danville Tasda ara partners L. .C. ,asPrincipal,and The Continental. Insurance Compni , d corporation organ ized existing under the laws of the State of New Elm shire and authorized to transact surety business in California, as ''Surety, hereby jomrly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it, A. Performance'andGuarantee: Chis Hundred p"'ft $ever o d Five tt ed and 0 /100 Dollars ($ $ -t3U` ) far its Dollarseff or any city assignee under the above County Subdivision A.greemont,plus 13. Payment: seventy I theThous nd Five ed'pif 09/100 Dollars (S 79,55000 a to secure the claims'to which referenceis made in Title XV (commencing with Section 3(382) of Pan 4 of Division M of the Civil' Code of the State of California. 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 coven4ats,conditions and provisions to the said agreement and any alteration thereof made as therein provided,on is or its part, to be kept and performed at the time and in the manner 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 oflricers,agents and employees,as therein stipulated,then this obligation shall became 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 shalt 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 Mixed as costs and included in any 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 otherpmr ons employed in The perfotmmance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amoants duic under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the saute in an amount not exceeding the amount herein 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; treasonable attorneys fees, incurred 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 1 (corrunencing with Section 3082)of Part 4 of Division 3 of the Civil Cotte,so as to give aright of action tothemor their assigns An any suit brought upon this bond Should the condition of this bond be fully performed thea 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 bythe 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 provisioni of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken, SIGNED) AND,SEAL +D on Ma 23 2005 DANVI'LT11, TA "'P,'�'AR,'7� fiNERS, L a Delaware limited liability company By: Lennar Homes of California, Inc. , PRINCIPAL: a California corporation, SURETY: The Continental Insurance Company its managing member Address: . 6121 Ballinger Canyon Rd, , Ste, #500 Address: _2600 Lucien Way, Suite 100 City: San Ramon. CA p: 94553 City- Ma.itlan,c, FL Zip: 32751 Print Name: David E ns' Print Name: Jane Kenner Title: Vice President Title': Attorney-In-Fact MW ,1'WS t$kf�lt8n7�+GryDatVsw;'l c!wrwtdv wGRih13N•12A WC It'cA'?JuabTcx;+ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 24, 2405 before me, Dina Printv, 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. INA!,i ren* `} Commission t# i45"�i►1 r 0 y3 Ndtory PubW-Ccfitomia Iotange county Y Comm,l"s Nov 26,2007 OPTIONAL. Though the data'below'is not required by law, it may prove valuable to persons relying on the document and couldprevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:' Corporate Officer-- Vice President Lennar Homes of California Inc. CESCRIPTON'OF ATTACHED DOCUMENT Type of'Document::°Surety Bond No. 929367267 Number of Pages: Two (2) Date of Document May 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 suretyor insurer. To principals on bonus and insureds, on certain insurance policies'written by any one or more of the fonowing companies (collectively the "Writing Companies") as surety or ineuren Western Surety'Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Pire Insurance Company of Hartford, American. Casualty Company of Reading, PA., TheFiremen's Insurance Company of Newark, NJ, and The Continental Insurance Company. 'Phe premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars { 0. 0}. DISCLOSURE OF FEDERAL MTI!QIMMN IN MYNEN-1 OF TEAMBISM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On May 23 2005before 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)' 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/she/they`executed the same'in =..1 1-46his/her/their authorized capacity(les), and that by his/her/their 4AMyCASHLEY K WARD signature(s) on the instrument the person(s), or the entity upon Commialon#1483685 behalf of which the person(s) acted, executed the instrument. =m...Exp1reS Wary Public-Calitomia grangeCounty Apr t 6,2Q©8 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 form. 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 2198 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 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 Enright Rhonda C Abel James A.Schaller Jane Kepner Nanette Marcella-Myers,Patricia H. Brebner,Alexis H.Bryan,Lel°h McDonough,lndividual! of a Irvine.California their true and lawful Attomey(s)4n-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 duty authorized officer of their corporations and ail the acts of said Attorney, pursuant to the authority hereby given is hereby ratified;and confirmed. ' This Powerof 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.: PANr :r « 1,6: •" The Continental Insurance Company ' �- Firemen's Insurance Company of Newark,New Jersey Michael Cengler Group Vice President State of Illinois,County of Cook,ss: On this 2nd slay of April,2002, before me personally came Michael Gengler 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 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. 4OFFICIALSEAL" r DIANE FAULKNER Notary Public.,State of Illinois ;My Commission Expires 9/1'7/45 ZQ 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 still in force.In teeto subscribed whereof 1,have hereunscribed'my name and affixed the seal of the said corporations this 23rd day of M 2005 rsir ei��I tlYgt�.% �Go The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey Mary A.Rlblkawskis Assistant Secretary (Rev. 10/11/01) 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 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 Vice President,a Senior Vice Presldent or a Vice President of the Company be,and each or any of them hereby Is,authorized to execute Powers ofAttorneyqualifying 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,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 seat 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." y