HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-505 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA
Adopted this Resolution on.August 9,2005 by the following vote:'
AYES: SUPERVISORS GIOIA:, PIEPHO,, DESAULNI R, GWVER AND UILKNIIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ppro ng u lvrsionAgreement (Fight ot Way,Landscaping) or a ivision
39-08331 (street trees), being developed by Danville Tassajara Partners, LLC,
Danville area. (District IIT)
The fallowing document was presented for Board approval this date for Subdivision 99-
08331 (street trees), 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 street trees.
Said document was accompaniedby the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
1. Cash Deposit
Deposit Amount: $2,300.00
Deposit made by: Danville Tassajara Partners,LLC
Auditor's Deposit Permit No. and Date: 446032 June l3, 2005
BB:rm I hereby certify that this is a true and correct copy of an
0:\ctpoam\EngSvc\,BO\2005�09-09\SD 99-06331 so-16.aoc action taken and entered on the minutes of the Board'of
Originator- Public Works kES)
Contact: Teri Rie(313-2363) Supervisors on the date shown,
cc: Public Works- T.Bell,Construction
Current Planning,Cotrsmunity Development
T-June,9,2006(P1) ATTESTED: AUGUST 09 2005
Danville Tassajara Pa tners,LLC
6121 Bollinger Canyon Road;Ste 500 JOIN SWEETEN,Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Arm:Brian Chin
The Continental Insurance Company
2600 Lucien Way,Ste 130
Maitland,FL 32751'
Attn:Jane Kepner ByIF
,Deploy
RESOLUTION NO.2o 5 505
SUBJECT: Approving Subdivision Agreement (Dight of WayLandscaping) for Subdivision
99-08331 (street trees), dieing developed by Danville Tassajara Partners, LLC,'
Danville area. (District EI)
DATE: August 9, 2005
PAGE: 2
II. Surety Bond
Bond Company: The Continental Durance Company
Bond Dumber and Late: 929367268 May 23, 2005
Performance Amount; $226,100.00
Labor&Materials Amount: $114,200.00
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.
RESOLUrTON`'NO. 2005{505
f SUBDIVISION AGREEMENT
{Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: 8331 (Streetscacel �Ixe;�/o
Effective Datta:
I
Subdivider: Danville Tessaiara Partners,L.L.C. Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PAR`T'IES`AGREEMENT HERETO: " DANVILLE TASSAJARA PARTNERS,LLC, �
a Delaware limited liability company
CONTRA COSTA COUNTY SUBL IVIDER:By: Lennar Homes of California,Inc.
a California corporation,
Maurice M.Shlu,Public Works Director
Its Managing Member
By: 'Cf {sgrtature) i
{print na &#ej Lynpf ochim,Vice President
RECOMME D D FOR APPROVAL, k
{signature
{
By. (print name&title)Pa J. aker,Asst.Secretary
Engineering Services ivi ren I
FORM APPROVED: Victor J.Westrnan,County Counsel
(NOTE:All signature3s to be acknowledged.if Subdivider Is Incorporated, t
signatures must conform with the designated representative groups
pursuant to Corporations Cotte§313.1
1. PARTIES&DAVE. Effective o n the above date,the City of County of Contra Costa,California,hereinafter called"Countyand the
above mentibneo ubdiyader,mutually promise and agree as follows concerning this subdivision:
2. lAFROVEMENI . Subdivider agrees to install certain road improvements(both public and private),drainage'improvements,
signs, street lights. fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as revlewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordi nonce Code(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 California Subdivision Map act(Government Code§§6$410 and following),Ina 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 there-is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern. I
3. IMPROVEMENT SECURlT . Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and j
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 2 3011.00 cash,plus additional security,in the amount of
$ 2�6100.0€l which together total one hundred percent(100%)oft the estimated dost of the work. Such additional
security is presented in the form of:
Cash,certifies check or cashiers check.
X Acceptable corporate surety:bond.
i
Acceptable irrevocable letter of credit.
With this secwrity,the Subdivider 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.
B. •For•For Payment: Security in the amount of$ 114.200.00 ,which is fifty percent(50%)of the estimated cost of the
work, Such security is presented in the form of.
Cash',certified check,or cashiers check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount`
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
I
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,
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or l
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 ESTABLISHMENT WORK. Subdivider agrees to perform establishment work.for landscaping installed under this
agreement. Said plant establishment work shalt 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. I
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, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whateverchanges are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work andfor materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of,these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any i
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. 1
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened i
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 liabillty,claim or damage was unforeseeable at any time before the County reviewed said i
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. l
C. The actions causing liability are any act or omission(negligent or non-negligent)In connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
E
D. ;NQn-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any l
Indemnitee has prepared;supplied,or approved any plan(s)or specifications)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent orw€ilful misconduct of
any indemnity.
9. CCQSTS Subdivider shalt 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 ANDCOSTS:€f Subdivider falls to complete the work within the time specified in this Agreement,and
subsequent extens€ons, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or f
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand:
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
i
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even€f
Subdivider subsequently completes the work. s
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the I
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:
i
12. INCORPORATION/ANNEXATION, If,before the Board of Supervisors accepts the work as complete,the subdivision Is Included in 1
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement andfor 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 Final Map or Parcel Map for said
4
Subdivision.
:kwlap I
GAGrpData%EngsvcTa(=s AG WOMAG.30A.doc
Rev.May 18.2001
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1
CALWORNIA'ALL-PURPOSE ACKNOWLEDGMENT
State of California'
County of Contra Costa
On May 2€1,2005 before me, leen L.Keenan.Nom Public,personally appeared
Lynn Lochi:mi&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,I 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.
WkW RoW Cc�itcatnlc
siiw4t e- of Ro-twy Public Contra Costa County
YCO €xplresOct 7,2000
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fhe dma�t#of mai�ey',c{escribed OW i3 fcir. Trotlsiiret's rec6ip#bf tlbclwe ximout#IspiCired. Receipt of bas tlmcxirs#as 6004v
c1e"-0 rr1#o tF .CoUnfy nedsur 7 aeiinavrtetig��l.
� �:'• ,�f EXT -�`� '�f (f Si �;� �tepu#�.ivat�n#y iAuili#dr � DeP11F Treo�Uter
d-34 R@V.�7-4'3j
0649-96651 212300: 01161526, $1,,500M, F'S 0500037, Flood Central,
Passport Homes,tnc., 7950 Dublin Blvd., Suite 203, Dublin, CA 94568
0649-9665 1 112300: 61161530, " $20,00Q.00, RA 04-01168, Road
Acceptance Review, Shapell Industries of Northern California, 100 N.
!Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: fi1161533, MS 01-0020, Wilbur T. & Arlene S. Daly �
III, 624 Hidden Lakes Dr., Martinez, CA 94553
$1,019,89, Map Check
$2,755.46, CQA Compliance Check, no Improvement
0649-9665 / 112300. 61161536, $90,200.00, Sb 99-038331, Inspection Fee,
Manville Tassajcra Ptrs., LLC, 6121 Ballinger Canyon Rd.,. Suite 500, San
Ramon, CA 94583
0649-9665 / 112300: G1161547, $81,400.00, RA 02-01141, Road
Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd. Suite 500, Son Ramon, CA"94583
0649-9665 / 112300: 01161558, $15,600.00, DG 04-00044, Drainage
Improvement Agreement Inspection Fee, Manville Tassajora Ptrs., LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583'
0649'-9665 / 112300: G1161560, $18,800.00, 51) 99-08331, Landscape
Improvement Inspection, Manville Tassa jara 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, Son Ramon, CA 94583
0649-9665 / 112300: 61161566, $20,700.00, RA01-01162, Landscape
Inspection Fee Deposit, , Danville Tassajora Ptrs., LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
F
0649-9665 / 112300: G11615691 $13.7QQ.00, DG04-00037, Drainage
Improvement Agreement Inspection Fee, Danville Tessajara Ptrs., LLC, 6121
Bollinger Canyon Rd., Suite 500, San. Ramon,CA 94583
0649-9665 / 112300:. 01161570 $4. 28.0 0, RA01-0 160, LandPlan Check
Deposit, Shapell Industries of Northern California, '100 N. Milpitas Blvd..,
MOpi#as, CA 95035
t
819800-0800: G1161546, 17,300,00, RA 02-01141, Cash gond, Winclemere
RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA
94583
8198010-0800. 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. G1161559, $2,300.Ot3, SD99-08331, Cash Bond, Danville
Tassojara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819810-0800• G1161561, $10.500. 0, RA04-01173, Cash Bond, Danville
Tassa,jara Ptrs., LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1161565, $1.600.00, RA04--01.162, Cash Bond, Danville
Tasso jars 'Pars., LLC, 6121 Bollinger Carryon Rd., Suite 500, San Ramon, CA
94583
819800-0800: { 1161567, $2300.00, DG04-00037, Cash Bond, Danville
Tassa jara Ptrs. LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
EXECUTED IN DUPLICATE
Subdivision: $331. (Streetsclpe) ,
Bond No.: 929 367 258
Premium:$1,131.00
I PROVEWNT SECURITY$CRNA
FOR PUBLic RiGnT OF WAY LANDSC k?E AGREEMENT
(Perfortnance, G utrantee, and Payment)
(California.Government Code Sections 56462 and 66463)
I. RperrA. or SuBQty S1Qr ACRES iN : The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related'improvements in Subdivision 8331
1Streetscapel `as specified in the Subdivision Agreement(Right ofWay Landscaping),and to complete said
work within ttie time specified for cornpletion in the Subdivision Agreement(Right of Way Landscaping),
all in accordance with State and local laws and rulinp thcrcunder in order to satisfy,conditions far filing of
the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION:` Danville Tassaiara Partners., L.L.C. as Pt ncipal,and
The Continental Insurance Com aanny ,a corporation organized existing cinder
the laws of the State of NAw x=sh re 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. Performanee:and Guarantee: Two Hundred Tweniv Six ousand Pa-Hundred and 00/100
Dollars'($ 226,100.00 ) for itself or any city assignee under the above County`
Subdivision Agreement,plus
B. Payment: tine Hundrod Fourteen'1Inusand Two Hundre a}d 001 00 Dollin
($ 114,2000-0 1 to secure the claims to which reference is made in Title XV
(commencing with Section' 3082) of Part 4 of Division IIT of the Civil Code of the State of
California."
NDTT ON:
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
said agreement and any ahteratiiQn thereof made as therein provided,on is or its parr,, to be Rept and
performed at the time andd in the manner therein specified,and in all respects'according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,thein this obligation shall become
null and void,otherwise it shall be and remain in full farce and effect.
As part of the obligation secured hereby and in addition to the face;tmount,specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any]udgement rendered.
E3. 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=n and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon 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 in an amount not exceeding the amount herein
above set fi=rth, and also in case suit is brought upon this Fond, will pay, in addition to the fact
amo=t 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 court,and to be taxed as costs and to be included in the judgement therein rendered.
1
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
34$2)of Part 4 of Division 3 ofthe Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully perfonned then this obligation shall become nstll and void,
otherwise it shall be and remain in fall force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety,and the Surety hcrcby
waives the provisions of California Civil Code Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on May 23,E 2005
DANVILLE TASSAJARA PARTNERS, LLC,
a Delaware limited liability company
By: Lennar Homes of California, Inc.,
PRINCIPAL: a California corporation SURETY: The Continental Insurance Company
its managing member
Address' ht' 1 Ballinger a"on ltd.. Ste. #500 Address: 2600 Lucien Way, Suite 130
City: San Ramon, :CA Lip' 94553 City: Maitland. FL Gip 32751
Print Name: David Eva s Print Name: Jane Kepner
Title: :,Vice President Title. Attorney-In-Fact
uYW$IISN.LKDA7R+LrpDx+EngS.cf.,rnmBN wolaDtBN-12w.h,e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On May 24. 2005 before me, Dina Printy, NotaryPublic, 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. e 1 l
@' 1MVCommUskm#t 1463610
Cornm.Expk*sNov2$.2007
Notary PubAc•Colitcxr�orange County
WAWWWWWWW
OPTIONAL
Though the data below is not required by Caw, it may prove valuable to persons retying 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.;;929367268:,
Number of Pages: Two t2 �
Date of Document: May 23, 2005
Signers (other than those' named above):Jane Kegner
In accordance with the Terrorum Risk Insurance Act of 2002, we an providing this
diselmure notice for,bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
7b principals on bonds and insureds on certain insurance policies written by any one
or more of the fanowing companies (collectively the 'VAt ng Cops ee) as surety
or insurer. Weetern Surety Ccompany, 'UniversalSurety of America, Surety Banding
Company of America, Continental Casualty Company, National Pire Insurance
Company of Dartford,Ar erican Casualty company of heading, PA, The Firemen's
Insurance Company of i Newark, J, and The C ontinentaI Insurance Coompany.
MCI Mm Qz PAMUM
T premium attributable to coverage for terrorist acts certified`under the Act was
Zero Dollars,(WOO)
Idol='
The United States will pay ninety percent (9411/x) of covered terrorism losses exceeding
the applicable suretyfinsuarer deductible.
Fft" +
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of Califomia
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)
personally known to me-CSR- ❑ proved to rite on the basis of satisfactory evidence to be the person(s)
whose names) is/are subscribed to the within instrument and
acknowledged to me that tie/sloe/they executed the same in
Wh 4-A , _ his/her/their authorized capacity(ies), and that by his/her/their
LE D signature(s)on the instrument the persons) or the entity upon
CommWon#1483685 behalf of which the person(s) acted, executed the;instrument.
Notary Public California
Orange County
LowCOMM t xptres Apr 16,200
WITNESS my hemi and official seal.
SIGNATURE OF NCKARY
OPTIONAL
Though the data below is not required by law, it may prone valuable to»persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT
❑ INDIVIDUAL
❑ s 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 1S REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remrnet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184'
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-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 ft.signatures and-seals
herein affixed hereby make,constitute and appoint
Mike Parizino Linda En' 'h Rhonda C.Abet,James A.Schaller,Jane Kepner, Nanette Marcella-Myers,Patricia H.
Brebner,Alexis H an,Lei h McDonough,Individualk
Of , Irvine,California
their true and lawful Attomey(syln-p`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 Unlirnited Amounts--
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attomey 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 Withess Whereof,the CIC Companies have caused these presents to be signed by their Vire President and their corporate seals to
be Hereto affixed on this 2nd day of April,2002.
,sew The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
"Michael'Gengier' fff Croup Vire President
State of ticlnols County of Cook,ss:
On this 2nd day of April,20011 before me personalty carne'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 Croup 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"
CHANE FAULKNER >
Notary Public,State of Illinois
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. F ibikawskis,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. in testimony whereof l have hereunto subscribed my name and affixed the seal of the said corporations this 23rd day of
May The Continental Insurance Company
T21 _, ; Firemen's Insurance Company of Newark,New Jersey
,c r*
........>• x
Mary A.Rlblkawskis' Assistant Secretary
(Rev.1'0/11101)
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 President or a Vice President of the'Company be,and each or any of therm hereby Is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby Is, '
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid 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 I+tEV1r JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the au
thority of the fallowing Resolution adopted by the!Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE'COMPANY OF NEWARK,NEW JERSEY by unantrnous 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 Attomey
qualifying the attorney named In the givers'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 seat 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."
t